Covina City Council
October 18, 2022

“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

RESOLUTION CC 2022-111

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

CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY

PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2007-1; and
WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2007-1, said area to be designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 32 (hereafter referred to as “Annexation No. 32”); and WHEREAS, by this Resolution CC 2022-111 the City Council intends to re-adopt the substantive provisions of Resolution CC 2022-87, adopted on August 16, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 32 to be subject to the levy of a special tax upon the annexation of such territory to CFD No. 2007-1 is hereby approved and adopted. Such map is designated by the name of “Annexation Map No. 32 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California.”
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 32, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution of Intention fixing the time and place of the Public Hearing to annex Annexation No. 32 to CFD No. 2007-1, a copy of said map shall be filed with the correct and proper endorsements thereon with the Los Angeles County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 18
th day of October, 2022.

Resolution CC 2022-111 Page 2 of 2
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 2022-111 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18
th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: CC Regular Meeting - Oct 18 2022
Title: Award of Contract for Heating, Ventilation, and Air Conditioning Preventative Maintenance and Repairs at City Facilities
Presented By: Andy Bullington, Director of Public Works Recommendation: 1. Award Bid to Control Air Enterprises, LLC for Heating, Ventilation, and Air Conditioning (HVAC) Preventative Maintenance and Repairs at City Facilities; and

2. Authorize the City Manager to execute the attached Professional Services Agreement with Control Air Enterprises, LLC for Heating, Ventilation, and Air Conditioning Preventative Maintenance and Repairs at City Facilities for a fiveyear period between November 1, 2022 and June 30, 2027, for an amount not-toexceed $210,162.55; and

3. Authorize the City Manager to approve extraordinary maintenance and emergency services up to $24,999 per fiscal year.

EXECUTIVE SUMMARY:

The City completed its formal bid procedure and is proceeding with the award of bid for Heating, Ventilation, and Air Conditioning (HVAC) Preventative Maintenance and Repairs at nineteen City facilities to Control Air Enterprises, LLC for a five-year period between November 1, 2022 and June 30, 2027 for an amount not-toexceed $210,162.55. The nineteen City facilities include City Hall, the Covina Police Department, the Covina Public Library, Park & Recreation Administrative Offices and various other City-owned facilities.

BACKGROUND:

On August 21, 2017, following the completion of a formal bid process, the City of Covina awarded a five-year contract to ACCO Engineered Systems in an amount not-to-exceed $116,858.13 to provide routine, extraordinary, and emergency HVAC maintenance and repair services for City-owned and operated HVAC systems at various City facilities including City Hall, City Yard, Covina Metrolink Station (Bike Hub, Guard Shack, Restroom, and Metrolink Parking Structure, including storage electrical, and elevator rooms), Covina Police Department, Covina Public Library, Downtown Parking Structure (including electrical and elevator rooms), Forestdale Reservoir, and the Parks and Recreation Department (Administrative Office at Hollenbeck Park, Cougar Park Community Building, Covina Aquatic Center, Recreation Hall, and Teen Center).

On December 5, 2017, the City Council approved the First Amendment to the contract for HVAC Preventative Maintenance and Repair Services to include HVAC maintenance and repair services for HVAC systems located at two additional City facilities (Covina Transitional House and the Firehouse Jail Museum) and increase the compensation in the amount of $3,628.53 for a new total Agreement amount not-to-exceed $120,486.66.

On September 17, 2019, the City Council approved the Second Amendment to the contract for HVAC Preventative Maintenance and Repair Services to include HVAC maintenance and repair services for the HVAC system located at the Covina Senior and Community Center and increase the compensation in the amount of $22,050 for a new total Agreement amount not-to-exceed $142,536.66.

DISCUSSION:

On August 25, 2022, the Department of Public Works released a bid package to solicit bids for HVAC Preventative Maintenance and Repairs in accordance with CMC Section 2.20.100 (Notice Inviting Bids) for nineteen City facilities, including:
• Covina City Hall including Firehouse Jail Museum
• Covina City Yard
• Covina Police Department
• Forestdale Reservoir
• Covina Library
• Recreation Offices
• Teen Center
• Cougar Park
• Recreation Hall and Pool Heater at Covina Park
• Covina Senior & Community Center
• Bike Hub (Bike Storage Unit)
• Metrolink Restrooms
• Metrolink Guard Shack
• Metrolink Parking Structure Storage Room
• Metrolink Parking Electric Room
• Metrolink Parking Elevator Room
• Downtown Parking Structure Electrical Room
• Downtown Parking Structure Elevator Room
• Covina Transitional House
The Notice Inviting Bids (NIB) was initially advertised in the San Gabriel Valley Examiner on August 25, 2022 and September 1, 2022. Additionally, the NIB was advertised on the City's website and electronically mailed to five area HVAC maintenance companies. On September 6, 2022, an optional pre-bid meeting was held in the City Hall Council Chambers, with representatives from three companies in attendance. By the September 27, 2022 bid submission deadline, five sealed bids were received in the Covina City Clerk's Office. The bid results are summarized below:

Bidder Bid Status Amount
Allison Mechanical, Inc. Responsive $260,470.81
Air-Bree Heating & A/C Responsive $630,168.71
Diversified Thermal Services Responsive $231,092.12
AirTek Indoor Air Solutions Responsive $244,083.20
Control Air Enterprises, LLC Responsive $210,162.55
The Department of Public Works recommends that Control Air Enterprises, LLC be awarded the contract for this project as the firm is the lowest responsive and responsible bidder. Control Air Enterprises, LLC has provides services for other public agencies including the City of Anaheim, City of Cypress, City of Riverside, City of Glendale, and the City of La Palma.

Under the terms and conditions of the proposed Professional Services Agreement (PSA), Control Air Enterprises, LLC would provide routine preventative maintenance and repairs of HVAC systems for the City facilities within the scope of work. Control Air Enterprises, LLC would furnish the necessary tools, equipment, materials, and

labor to perform the services. Control Air Enterprises, LLC would also maintain records of services performed for each service location and provide maintenance reports.

FISCAL IMPACT:

During the first year (Year 1) of the proposed PSA, pricing will be $49,157 which includes a one-time additional cost of $9,800 for a controls software upgrade needed for the HVAC equipment units located at the Covina Police Department. For the second and third year (Years 2 and 3) of the proposed PSA, pricing will remain fixed at $39,357. For the fourth and fifth year (Years 4 and 5) of the proposed PSA, one price increase within a twelvemonth period may be considered on the anniversary date of the Agreement. Annual adjustments may be considered for increases in governmental or regulator agency taxes, charges, or fees specific to the contractor's trade, or for instances in the previous twelve-month Consumer Price Index (CPI) for Los Angeles-OrangeRiverside Counties.

The fiscal impact associated with the proposed PSA with Control Air Enterprises, LLC for HVAC Preventative Maintenance and Repairs over the five years of the proposed PSA is estimated as follows:

Time Period/Assumptions Amount
Year 1 (November 1, 2022 to June 30, 2023, Fixed
Fee, 8 Months) $49,157.00
Year 2 (Fixed Fee, 12 Months) $39,357.00
Year 3 (Fixed Fee, 12 Months) $39,357.00
Year 4* $40,537.71
Year 5* $41,753.84
Estimated Total Cost $210,162.55
*Assumes 3% CPI increase for planning purposes; actual amount may vary.

For extraordinary maintenance and emergency repair services, Control Air Enterprises, LLC would provide a scope of services and cost proposal for these services. The City Manager would be authorized to approve extraordinary maintenance and emergency work up to $24,999 per fiscal year as approved by City Council. Any additional services in excess of $24,999 per fiscal year would require City Council approval. These services will be included in the PSA and funded by the requesting Department if needed.

The FY 2023 fiscal impact is estimated to be approximately $74,156. Sufficient funding is included in the FY 2023 Budget, as summarized in the table below:

Facility Funding Source Account No. Amount
Covina City Hall
including Firehouse Jail
Museum
Facilities Maintenance
Fund 70206100-52400 $4,269.00
Covina City Yard Sewer Fund 63002700-52410 $1,911.00
Covina Police
Department General Fund 10101000-52400 $15,660.00
Forestdale Reservoir Water Fund 60105060-52400 $683.00
Covina Public Library Facilities Maintenance
Fund 70206100-52400 $5,966.00
Recreation Offices Facilities Maintenance
Fund 70206100-52400 $752.00

Teen Center Facilities Maintenance
Fund 70206100-52400 $802.00
Cougar Park Facilities Maintenance
Fund 70206100-52400 $807.00
Recreation Hall and Pool
Heater at Covina Park
Facilities Maintenance
Fund 70206100-52400 $1,468.00
Covina Senior &
Community Center
Facilities Maintenance
Fund 70206100-52400 $3,189.00
Bike Hub (Bike Storage
Unit) Transportation Fund 2400TO01-52422 $228.00
Metrolink Restrooms Transportation Fund 2400TO01-52422 $455.00 Metrolink Guard Shack Transportation Fund 2400TO01-52422 $380.00 Metrolink Parking
Structure Storage Room Transportation Fund 2400TO01-52422 $380.00 Metrolink Parking
Electric Room Transportation Fund 2400TO01-52422 $455.00 Metrolink Parking
Elevator Room Transportation Fund 2400TO01-52422 $228.00 Downtown Parking
Structure Electrical
Room
Parking District 27002800-52422 $228.00
Downtown Parking
Structure Elevator Room Parking District 27002800-52422 $526.00 Covina Transitional
House Housing Authority 20204700-53746-37001 $970.00
Controls Software
Upgrade - Year 1 Cost
Only
General Fund 10101000-52400 $9,800.00
Estimated Total Annual Cost $49,157.00
Extraordinary
Maintenance and
Emergency Repair
Services
Will be funded by
requesting department TBD $24,999.00
Estimated Total Annual Cost including Extraordinary Maintenance and Emergency Repair Services $74,156.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed Professional Services Agreement for Heating, Ventilation, and Air Conditioning Preventative Maintenance and Repair with Control Air Enterprises, LLC for the various City facilities will not result in any significant effect on the environment.

ATTACHMENTS:

Attachment A - Control Air Enterprises, LLC - Bid Package

Attachment B - Bid Analysis
Attachment C - Addendum #1 - Request for Bid - HVAC Preventative Maintenance & Repairs Attachment D - Proposed Professional Services Agreement - HVAC Preventative Maintenance and Repairs Respectfully submitted,

——_o~ City of Covina
HVAC Preventative Maintenance and Repairs
Degartment of Public Works
Covina City Hall Firehouse Jail Museum Covina City Yar
Covina PD d
Forestdale Reservoir
Covina Library
Recreation Offices
Teen Center
Cougar Park
Recreation Hall & Pool at Covina Park Covina Senior &
Community Center Bike Hub
Metrolink Restrooms
Metrolink Guard Shack
Metrolink Parking Structure Storage Room
Metrolink Parking Electric Room
Metrolink Parking Elevator Room
Downtown Parking Structure Electrical Room
Downtown Parking Structure Elevator Room
Covina Transitional House
Control Air Enterprises, LLC
5200 E La Palma Ave, Anaheim, CA92807
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Request for Bids (RFB)

HVAC PREVENTATIVE MAINTENANCE AND REPAIRS
The City of Covina, California (“City”) is requesting bid proposals from qualified contractors to provide HVAC preventative maintenance and repair services at various City locations. The Services to be performed under the Contract, if awarded, will consist of routine preventative, extraordinary, and emergency repairs, as delineated. The successful contractor(“Contractor”) will be required to provide appropriately trained professional HVAC personnel as well as requisit e equipment in order to perform HVAC preventative maintenance and repairservices of the highest quality.

The term of the agreement is for five years, with two, one-year extensions. The City anticipates City Council authorization to award a contract/agreement on October 18, 2022.

SECTION I - INSTRUCTIONS TO BIDDERS

1. Introduction
The City of Covina, incorporated in 1901, covers approximately seven square miles located in the San Gabriel Valley area of Los Angeles County, approximately 22 miles east of Downtown Los Angeles. The City is bordered by the Cities of Azusa and Glendora to the north, West Covina to the west and south, and the City of San Dimas and unincorporatedportions of Los Angeles County to the east. The City is seeking qualified contractors to provide HVAC preventative maintenance and repair services at various City locations.

Complete details and bidding requirements are set forth below under Section ll: Scope of Service.

The City reserves the right to change any part of the Scope of Service any time prior to the bi d opening. It isthe bidder’s responsibilityto review the City’s website ( ) to verify that all bidding requirements are satisfied. A bidder’s failure to address any requirements , including those set forth in addenda, may result in the bid not being considered.

An optional pre-bid meeting will be held on Tuesday, September 6, 2022 at City Hall, 125 E College Street, Covina, CA 91723 . and will begin at 1:00PM. Prospective bidders are to assembl e in the City Hall - Council Chambers.

Interested parties may not communicate about this RFB with elected officials or staff representin the City of Covina, or any other individuals retained by the City to support this procurement. g All »\\\\\.c0vinaCa.Q0v rfgs

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questions and requests for clari?cation must be submitted electronically to the point of contact identi?ed below by 4:00 PM on Tuesday, September 13, 2022.

Responses to questions submitted prior to the established question deadline will be released on Tuesday, September 20, 2022.

Bids submittal deadline is 4:00 PM, Tuesday, September 27, 2022.

Bids will be received at the Office of City Clerk, 125. E. College Street, Covina, CA 91723.

All Bids must be received by the City Clerk prior to the aforementioned deadline. Any bid received by the City Clerk after the deadline shall not be considered.

CONTACT INFORMATION
Direct questions or clari?cation requests regarding this bid proposalto:

Michael Flores Jr, Senior Management Analyst
Department of Public Works
125 E. College Street, Covina, CA 91723
Email:

1.2. General Instructions

1.2.] General Bid Reguirements. To be considered, a bidder must use the Bid form in Section III of this solicitation. Bids must be binding and ?m1. Any bid may be withdrawn before bid opening, but not for ninety (90) calendar days after opening.

1.2.2 Instructions for Completing Bid Schedule. Each bidder must bid on each of the items shown in Bid Schedule A of the bid. Dollar amounts entered for all items must be greater than zero dollars and re?ect the actual charge within the Contract for the Services performed. Each bidder must indicate the cost for all items in Bid Schedule A for the total amount to be paid for each of those items. Each bidder must indicate the total monthly and annual costs on Bid Schedule A, and those costs must constitute full compensation for all labor, materials, and equipment requiredto complete the Services. The City will not make additional payments above the total cost amounts for the Services performed. The bidders must submit bids for all items in Bid Schedul e A to be considered responsive.

1.2.3 Bidder Must Make Thorough Investigation. It is the bidder’s responsibility to fully acquaint themselves with the Speci?cations and the nature of the Services to be performed. The bidder shall have no claim against the City based upon ignorance of the nature and requirement s of the Services or misunderstanding of the Speci?cations or Contract provisions. m?ores (1 covina ‘a.u0\'

1.2.4 Acceptance of Conditions. By submitting a bid, each bidder expressly agrees to and accepts the following conditions:
a. All parts of the Instructions to bidders, the bidder’s Bid, and the Special Conditions will become part of the Contract between the Contractor and the City;
b. The City may require whatever evidence is deemed necessary relative to the bidder’s financial stability and ability to complete the Services; c. The City may request further information from the bidder, either in writing or orally, to establish any stated quali?cations;
d. The City may solely judge the bidder’s representations,and solely determine whether the bidder is qualified to undertake the Services pursuant to the criteria set forth in this solicitation. The bidder, by submitting a bid, expressly acknowledges and agrees that thejudgment of the City as to whether or not the bidder is qualified to perform the Services, shall be ?nal, binding, and conclusive;
e. The City may reject all bids, waive any irregularity in any ofthe bids, or cancel or delay the Services at any time; and
f. This solicitation does not commit the City to award any contract, and the City is not liable for any costs incurred by a bidder in the preparationand submission of a bid.

1.2.5 Truth and Accuracy of Representation. False, incomplete,or unresponsive statements i n connection with a bid shall be sufficient cause for rejecting the bid.

1.2.6 City Changes to Bid Documents. The City may change any part of this solicitation any time prior to the bid opening. Any changes will be in the form of addenda and will become a part of the bid documents and of the Contract, if awarded. Addenda will be made available to each bidder on the City’s website and any notice of issued addenda will be communicatedby electronic mail to each potential bidder that has provided Ms. Gallant with an email address. A bidder’s failure to address the requirements of issued addenda may result in the bid not being considered.

Ifthe City detennines that a time extension is requiredfor the submission of bids, the addenda will provide a new date for submission.

1.2.7 Notice Regarding Disclosure of Contents of Document. All bids acceptedby the City wil l become the City’s exclusive property. Upon opening, all bids acceptedby the City will become a matter of public record and be regarded as public, with the exception of those elements of each bi d that are identified by a bidder as business or trade secrets and plainly marked as “trade secret,” “confidential,” or “proprietary.” Blanket statements (i.e., regarding entire pages, documents, or other non-speci?c designations) are insufficient and will not bind the City in any way whatsoever.

If, despitethe bidder’s request for confidentiality, disclosure isrequired underthe California Publi

Records Act, or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

1.2.8 Award of Bid and Determination of Responsiveness. The Contract, if awarded, shall be awarded at a ?rm price for all Services requested for the Contract term. The Contract, if awarded, shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsive and responsible, the following shall be considered:
a. The quality of the service offered;
b. The ability, capability, and skill of the bidder to perform the Contract or Services;
c. Whether the bidder can perform the Contract or the Services promptly, or within the time specified,without delay or interference;
d. The sufficiency of the bidder’s ?nancial resources and the effect thereof on its ability to perform the Contract or Services;
e. The character, integrity, reputation,judgment, experience, and efficiency of the bidder;
f. The quality and timeliness of the bidder’s performance on previous orders or contracts for the City;
g. Litigation by the bidder on previous orders or contracts with the City; and h. The ability of the bidder to perfomi future Services where such Services are essential.

1.2.9 Errors and Omissions. Bidders shall not be allowed to take advantage of any errors or omissions in this solicitation. Full instructions will be given if such error or omission is discovered and timely called to the City’s attention.

1.2.10 Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees. Each bidder shal l
include in the price bid any patent fees, royalties, and charges on any patentedarticle or process to be furnished or used in the prosecutionof the work.

1.2.11 Taxes. Except as may be otherwise specifically provided in this solicitation, all sales and/or use taxes assessed by federal, state, or local authorities on materials used or furnished by the Contractor in performing the Services must be paid by the Contractor. Each bidder must calculate payment for all sales, unemployment, pension,and other taxes imposedby federal, state, and local law and include these payments in computing the bid proposal.

1.3 General Specifications

1.3.1 Bid Proposal Quantities. The quantities (number of HVAC units, ?lters, belts, etc.) contained in the bid documents are approximatesonly and are for the sole purpose of comparing bids. The City will only pay for hours and work performed. The City may, in accordance with the Speci?cations, order more or less work as necessary at the City’s sole discretion, as increased or decreased by the hourly rates noted and payment will be made for the amount of work or materials actually provided as determined by the City and accepted at the hourly rates noted in the bid.

1.3.2 Evaluation of Bid. Bids will be evaluated based on the lowest grand total of the HVAC Preventative Maintenance and Repair costs for the 5-year Contract term submitted in the bidder’s bid. The Contract, if awarded, will be made from among the responsive and responsible bidders.

In case of a discrepancy between the total monthly costs and the total annual costs in Bid Schedule A, the annual costs will govern. The costs will be subject to adjustment by the City on that basis in the event of discrepancy and a Contract is awarded.

1.3.3 Sample Contract. A sample of the Agreement for HVAC Preventative Maintenance and Repair Services the Contractor will be required to enter into with the City is attached and incorporated into this solicitation by this reference.

1.3.4 License and Permits. The Contractor must obtain and pay for any required business license under Title 5 of the Covina Municipal Code. For further information regarding business licenses, call (626) 384-5512, or visit the Finance Department located in Covina City Hall at 125 E. College Street, Covina, CA, 91723, Monday through Thursday between 7:00 a.m. to 6:00 p.m.

1.3.5 Substitution for Patented and Specified Articles. Wherever this solicitation speci?es any material or process by patent or proprietary name, or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and will be deemed to be followed by the words and or approved equivalent. Any bidder may offer in the proposal any material or process that is equivalent in every respect to the material or process speci?ed. This statement of alternate unit shall clearly describe the material or process for which the substitution is proposed and shall provide technical data establishing equivalency.

1.3.6 Bid Your Full Egual or Better. Materials and equipment furnished must be new, complete, ready-for-use, and of the latest model, must not have been used in demonstration or other services, and must have all the usual equipment as shown by manufacturer's current specifications and catalogs, unless otherwise specified.

1.3.7 Insurance. The following list is an outline of insurance and limits the Contractor must carr durin the term of the Contract and an extensions thereof: 3’ 8 Y Required Combined
C°"°”g° If Marked Single Limits

1. Automobile Liability X $2,000,000

$2,000,000 per occurrence
$2,000,000 aggregate
Note: The City, its City Council members, officials, of?cers, employees, agents, and volunteers must be listed as additionally insured on an Additionally Insured Endorsement Form for the Automobile Liability Insurance and Commercial General Liability Insurance. The Contractor must also providean Automobile Liability Insurance and CommercialGeneral Liability Insurance Waiver of Subrogation Endorsement to the City. The City will not accept blanket endorsements.

2. Commercial General Liability X

3. Workers’ Compensation X $1,000,000
Note: The Contractor must provide a orkers’ Compensation coverage Waiver of Subrogation Endorsement to the City. The City will not accept blanket endorsements.

Prior to execution of the contract, the Contractor must providethe City with evidence of the above insurance coverage on forms satisfactory to the City’s Risk Manager/ClaimsCoordinator. Speci?c insurance information is included in the attached sample Agreement for HVAC Preventative Maintenance and Repair Services. The required insurance must be kept in full force and effect during the entire contract periodand any extension thereof, and renewed as requiredby each policy expirationdate along with revised endorsements accordingly.

The Certi?cate of Insurance must provide, that in the event of cancellationor material change in any of the required coverage, the insurer will give the City thirty (30) calendar days advance written notice. The certi?cate shall not contain “best effort” modi?ers or in any way relieve the insurer of responsibility to give this notice.

The Certi?cate of Insurance must also state that the coverage provided in it is primary, and that the insurer waives any right of contributionwith insurance that may be available to the City.

In lieu of evidence of the Workers’ Compensation insurance policy, the Contractor may furnish satisfactory evidence that it has secured from the California Director of Industrial Relations a certi?cate of consent to self-insure. If Workers’ Compensation coverage is provided through a permissibly self-insured program, the Contractor will provide written con?rmation through a program endorsement waiving the right of subrogation against the City, prior to the commencement of any work under the contract.

1.3.8 Contract Duration and Commencement of Work. The term of the awarded Contract will be ?ve (5) years, with an option to renew for two additional one-year tenns, upon the City Council’s and the Contractor’s approval, subject to the City Council’s approval of the renewal rates, terms, and conditions. Commencement of Work will begin on November I, 2022.

1.3.9 Non-Responsive Bid. If any bidder makes any alteration, interlineation, or deviation i n any of the printed matter of the proposal, or if the signature of the bidder is incomplete, the bi d will be considered non-responsive and may be rejected.

1.4 Contractor Reguirements

1.4.1 Contractor’s Experience. The Contractor must provide evidence of at least ?ve (5) years of experience in the HVAC Preventative Maintenance and Repairservice industry. The Contractor must furnish the name, address, and duration of work of at least six (6) previous or current customers as part of its bid proposal submittal.

1.4.2 Reporting. The Contractor will maintain complete and accurate records of all work performed.All records will, at a minimum, be able to itemize inventory and track all maintenanc e performed, equipmentrepairedand/or replacedto the City. This record must include the following information at a minimum and be provided to the City on a monthly basis (by the 5"‘business day of the following month):
a. Maintenance records;
b. Equipmentrepaired;
c. Equipment replaced; and
d. Summary of responses to City Representative by phone, text, or email providing emergency and call-out issues have been resolved upon completion of work.

1.4.3 Inventory. The Contractor will have parts and equipment inventory and transportatio n capabilitiessufficient to meet the needs of the City as stated in this solicitation.

1.4.4 Representative. The Contractor will identify a representative for the purpose of providing to the City consultation, ordering information, technical assistance, and dispute resolution.

Telephone access and Contractor assistance will be available during normal business hours, excluding holidays. The Contractor must be able to respond 24/7 to all emergency and callouts and provide a written response (email or text) to the City Representative once the emergency repairs have been addressed. If the emergency or call-out response escalates in scale or severity, then the City Representative is to be advised by phone. All regular complaints made by the City Representative need to be responded to in writing within twenty-four (24) hours of receiving the complaint.

1.4.5 Contractor Representative.The Contractor must designate a Contractor Representative , acceptable to the City Representative. The Contractor Representative must be authorized by the Contractor to act on the Contractor’s behalf at all times and carry out the provisions of the Contract.

The Contractor Representative must conduct a sufficient number of inspectionsto guarantee the services are performed according to the tenns of the Contract.

The Contractor Representative must make him or herself available to the City Representativeto discuss performance of the services or other provisions of the contract in person or by telephon e at any time during the City’s regular business hours.

The Contractor Representativemust be adequately trained in compliance of all applicableOSHA and other federal, state, and local laws and regulations regarding materialsthat may be encountered in the performance of the services.

The Contractor must provide adequate secretarial, clerical, and record keeping support, both onsite and off-site, to eliminate the need for the Contractor Representative to personally prepare payroll, daily, weekly, and monthly statements and invoices, and/or to personally inform other clerical and record keeping activities.

1.4.6 Reguired Documentation. All personnel performing under the Contract must possess and keep current, as required, all appropriatecards, certificates, and licenses, including, but not limited to, the following:
a. Valid California driver’s license (if operating a motor vehicle); b. Professional HVAC certi?cations/licenses for personnel onsite; and c. Valid contractor’s license.

1.4.7 Additional Contractor Reguirements/Information.

The Contractor must meet the requirements below prior to commencing performance of the services:
a. Licensed to do business in the State of California;
b. Licensed to do business in the City of Covina; and
c. Comply at all times with the tenns and conditions ofthe Contract, including the specified insurance requirements.
l.4.8 Contractor Labor Activity.

The Contractor must be responsible for its own labor relations with any trade or union representative among its employees and must negotiate and be responsible for resolving all of the disputes between itself and its employees or any union representing such employees. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the services, the Contractor must immediately give written notic e thereof to the City. No union meetings are permitted on City property.

If any strike, boycott, picketing, work stoppage, slowdown, or other labor activity is directed against the Contractor that results in the curtailment or discontinuation of work provided under the Contract, the City may, during that period, employ any means legally permissible to cause the performance of the services.

In the event of a work stoppage by City employees or contractors affecting the site, the Contractor must perform the work required to keep the site in a condition acceptable to the City. In the event of danger to the Contractor’s employees, the work must be performed by the Contractor’s management and supervisory employees in cooperation with the City’s employees.

1.5 City Personnel

1.5.] City Representative. The City shall designate an employee of the City as the City Representativewho shall act on behalf of the City with respect to all aspects of this Contract. The City shall designate the City Representative in writing within ten (10) calendar days after the execution of this Contract and shall promptly notify the Contractor in writing if the City Representativeis changed.

The administration of this Contract is vested wholly in the City Representative. The City Representative shall have day-to-day authority to require the Contractor to comply with all provisions of this Contract.

The City Representative does not have the authority to adjust the compensation, to amend the contract, to waive any provision of the contract, to approve invoices in excess of the contract amount, or to increase the contract not-to-exceedamount.

The Contractor shall provide the City Representativefree and easy access to inspect and measure the manner and progress of the WORK at all times and to inspect the types and quantities of tools, equipment, chemicals, supplies, and all other materials used in the performance of the work. It is agreed that such inspection and measurement is not for the purpose of controlling or directing the work or employees of the Contractor, but to assure that all work meets the requirementsof the Contract.

The City Representativeshall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, chemicals, supplies, and all other materials and methods and procedures used in the performance of the work with regard to the requirements included herein.

The City Representative shall decide all questions that may arise as to the interpretationof the Contract Documents relative to the work and the ful?llment of the Contract on the part of the Contractor.

The City Representative will determine the amount and quality of the several kinds of work performed and materials furnished that are to be paid for under this Contract.

The City Representativemay requirethe Contractor to make temporary changes in the assignment of routine work, tasks, and task frequencies if such changes do not affect the quantity and price s contained in Bid Schedule A of the Bidder’s Proposal. Such temporary changes shall not affect the amount of payment to the Contractor.

The City Representative may demand full conformance with the terms and conditions of th e
contract by the Contractor and the Contractor’s employees. The Contractor must respond to any complaints made or concerns expressed by the City Representative pertaining to its employees’

performance under the contract and to take appropriate action to remedy any such complaints or concerns regarding the Contractor’s employees in a timely manner. The City Representativemay take appropriate corrective action up to and including removal of the Contractor’s employees from a work area in the event that the Contractor Representativeis not available to take the appropriate action him or herself until such time as the Contractor is available to, and does remedy the concern or complaint regarding the Contractor’s employee(s).

The City Representativemay designate one or more City employees to monitor and inspect the performance and progress of the work provided under the Contract.

The City Representativewill not, in any instance, act as the Contractor’s foreman or supervisoror interfere with the Contractor in the supervision or direction of the Contractor’s employees, unless the Contractor Representative, or his or her designee, is not available, then the City Representative may take appropriateaction as outlined in this Section 1.5.1.

The Contractor may not construe any advice provided to it by the City Representative as in any way binding upon the City or releasing the Contractor from ful?lling the provisionsof the contract. l.5.2 City Responsibilities.

The City will:
a. Provide guidelines for HVAC Preventative Maintenance and Repair services for associated properties and facilities.
b. Conduct regular periodic review to ensure the Contractor’s adherence to the Contract and the speci?cations and continued ability to responsibly perform the services. c. Prepare a Contract Discrepancy Report to identify the Contractor’s speci?c failures to meet Contract requirements.
d. If needed, provide escort, access card, or keys to the Contractor.

1.6 Compensation
l.6.l Compensation. The City will make payment for the work based upon satisfactory completion of the services. The cost of the services may not exceed the maximum amount show n on Bid Schedule A, for the services, unless changes in the services to be performed are made and approved in advance by the City and the Contractor. The City will make payment for services performed by the Contractor in confonnance with information provided by the Contractor show n in the Bid. The City may increase and decrease the services as it sees ?t.

1.6.2 Compensation Escalation. Pricing will remain ?rm for the ?rst three (3) years of the contract. One (1) price increase within a twelve-month period may be considered annually thereafter, on the anniversary date of the contract, as a result of:
a. Increases in Government or regulatory agency taxes, charges, or fees speci?c to th Contractor’s e trade; or

b. Increase in the previous 12-monthConsumer Price Index in the Los Angeles-OrangeRiverside Consumer Price Index (CPI) for the most recently available 12-month period.

Any request for a price increase will be substantiatedby the Contractor with documentationand must be submitted in writing two (2) months prior to the anniversary date. The City will be the sole judge of acceptable price increases, and the City may cancel the contract if a requestedprice increase is not acceptable.

In the event the City elects to exercise any of its options to renew this Contract beyond the initial five-year term, the rates for items in Bid Schedule A of the Bid may be adjusted for each one-year renewal period. Not later than two (2) months priorto the expirationof the initial agreement tem1 or subsequent one-year renewal term, the Contractor may request unit price increases that shall not exceed the rate of change in the Los Angeles-Orange-RiversideConsumer Price Index (CPI) for the most recently available 12-month period.

There shall be no other increase made to the contract amount for additional expenses incurred by the Contractor in the event of wage or salary increasesfor any reason other than the aforementioned CPI increase. Upon the City’s and Contractor’s approval, any increases will be effective at the beginning of the renewal period term.

1.6.3 Non-Performance of Services/Liguidated Damages.

In the event of non-performance of HVAC Preventative Maintenance and Repair Services by the Contractor, the City Representativemay exercise one of the following options:
a. The Contractor must correct such item of non-performance within twenty-four (24) hours of receipt of notification from the City, and the City will not make any deductions for such item of non-performance.
b. The City will correct the item of non-performance by using another contractor, or by any means it deems necessary and reasonable. Direct cost incurred by the City for the correction of the item of non-performance, including a reasonable amount for the cost of the time of City employees involved in such correction, will be deducted from payments made to the Contractor.

1.6.4 Statements and Invoices.

The Contractor must submit invoices monthly. Properly documented and substantiated invoices are payable net thirty (30) calendar days. The City Representativewill return invoices that he or she deems are not acceptable to the Contractor for correction and subsequent resubmittal for payment.

1.7 Disclosure of Information
The Contractor may not, during or after the term of the Contract, disclose any proprietar y or confidential business infonnation of the City, including, but not limited to, its costs,

charges, operating procedures, and methods of doing business to any person, firm, corporation, association, other entity, or the general public for any reason or purpose whatsoever without the City’s prior written consent. The Contractor must use confidential or proprietary information received by it exclusively in connection with the performance of the services.

The Contractor may not issue, or release for publication, any articles, advertising, or publicity matter relating to the services perfom1edby the Contractor under the Contract or mentioning or implying the City’s name, without the City’s prior written consent.

1.8 Contractor’s Access
The City Representativewill designate access routes, entrance gates or doors, parking, and storage areas, etc. for use by the Contractor and impose time limitations on the Contractor’s access of City facilitiesin the performanceof the services in accordance with the Contract. The Contractor must conduct its operations in strict observation of the designated access routes and areas described above. Under no circumstances may the Contractor’s employees enter or move upon any area not authorized by the City Representativefor access by the Contractor.

The City will give the Contractor’s employees reasonable access to City facilities to the extent necessary or appropriate for the Contractor’s performance of the services under the Contract, subject to the City’s safety rules and regulations. The City will arrange for access to City buildings, including the provision of keys or access cards, as required for the Contractor’s performance of the services.

1.9 Security and Identification
The Contractor must comply with, and ensure the Contractor’s employees comply with, the City’s applicable rules and regulations and all applicable federal, state, and local rules, laws, and regulations.

The Contractor’s employees performing services under the Contract may not use nonprescribed controlled substances or illegal substances, or drink alcoholic beverages, on City premises , immediately preceding their work shift, during work hours, or in any manner when to do so would in any way affect the performance of the services.

The Contractor must ensure that all of its employees performing services under the Contract are competent, orderly, and professional at all times. If any of the Contractor’s employees, in the City Representative’s opinion, is not performing the services in a proper manner, or is incompetent , disorderly, abusive, dangerous, or disruptive, or does not comply with City’s rules and regulations, the City Representativeshall bring such complaints or concerns to the Contractor’s attention and the Contractor must remedy any such complaint or concern in a timely manner. Until such tim e
as the Contractor takes action to remedy a complaint or concern regarding its employees, the City Representative may have such employee removed from the City’s premises and that employee’s access to City facilities restricted. The City’s removal of an employee of the Contractor in no way should be interpreted to require the Contractor’s dismissal of the employee or imposition of other disciplinary action on the employee. The Contractor is responsible for the control of, an

disciplinary action against, its own employees.

The Contractor must immediately turn in to the City Representativelost, or apparently lost, articles that are found by the Contractor’s employees in City facilities.

1.10 Performance of the Services
The Contractor must complete and timely perform all of the services under the Contract and provide for all manner and type of tools, equipment, supplies, and materials required to successfully perform the services under the Contract.

1.11 Contract Documents
The Contractor shall perform all services required under this solicitation and the Contract in strict compliance with the requirements of this solicitation and the Contract.

1.12 Soliciting
The Contractor may not perform and or solicit any work in City facilities or on City property other than the services required to be performed under the Contract. The Contractor must establish, implement, and maintain procedures and controls adequate to prevent its employees from performing services under the Contract other than the services that is required under Contract, or soliciting or accepting any gratuities for services performed under the Contract.

SECTION II — SCOPE OF SERVICE

2. Scope of Service
The City of Covina requests bid proposals for qualified HVAC preventative maintenance an d repair services to be performed at various City facilities in accordance with the tenns an d conditions set forth in this RFB. The service consists of routine preventative maintenance, extraordinary maintenance, and emergency repairs of HVAC systems for locations that are the responsibility of the City and in accordance with Exhibits A (Service Locations), Exhibit (Equipment List), Exhibit C (Routine Preventative Maintenance — Non-Public Safety Service Tasks), Exhibit D (Routine Preventative Maintenance — Public Safety Service Tasks), Exhibit (Extraordinary Maintenance), and Exhibit F (Emergency Repairs) in Section IV of this solicitation Maintenance . and repairs shall be extended to include all future service installations at the rates set forth in the Contract and the Contractor may be required to assist in the final inspection of suc future service installations. The Contractor is to furnish all tools, equipment, apparatus, facilities, h labor, services, and materials, and perform all services necessary to maintain the HVAC systems covered by the Contract.

2.1 Eguipment
The Contractor shall have available and readily accessible all requiredtools, equipment, apparatus, facilities, traffic control, skilled labor services, and materials, etc. to perform all services necessary

to maintain in good working order all HVAC systems at the locations de?ned in this Scope of Service. All services perfonned or equipment, parts, or materials supplied shall be subject to the inspection and approval of the Director of Public Works, or designee thereof.

2.2 Additions and Deletions to System
The Contractor shall maintain additional HVAC systems as they are installed or become part of the maintenance requirements immediately upon written notification by the Director of Public Works, or designee thereof. Such additional systems shall be maintained at the same rates as stipulated in the Contract. ln the event that maintenance of a new system commences at other than the beginning of the monthly period, the rates for routine preventative maintenance services shall be prorated from the date maintenance commences.

The City may, at its sole discretion, eliminate systems from the Contract. The Contractor shall be noti?ed of such deletions in writing. Such deleted systems shall decrease the invoice at the same rate as specified in the Contract. In the event that maintenance of a new system ceases at other than the beginning of the monthly period, the rate for routine preventative maintenance services shall be prorated from the date the Contractor was notified.

2.3 Reg uest for Service Outside of Normal Hours
The Contractor should expect service requests outside of the Contractor’s normal working hours.

These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies. The Contractor shall maintain a local or toll-free telephone number where the Contractor can be reached twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-?ve (365) days per year, in order to effectively address and respondto both routine and emergency service requests. The telephone number isto be made available to the Director of Public Works or designee thereof, and the City of Covina Police Department. All requests shall be addressed by an appropriate timely response as outlined in this Scope of Service.

2.4 Response Criteria for Emergency Routine Services
The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response.

Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within one (1) hour of first noti?cation. Routine requests shall be responded to within four (4) hours of first noti?cation unless the Director of Public Works or designee thereof agrees upon other arrangements.

The following events shall establish an emergency condition and the following actions shall b e taken:
a. Events: Failure or malfunction of the HVAC system, or interruption of normal operations so as to create a public health hazard or endanger essential computer communications equipment. This may be caused by damage from

accidents, acts of nature, civil disorder, malicious mischief, vandalism, or actions of other contractors or utility companies.
b. Actions: Under the conditions stated above, the Contractor shall immediately restore the system to normal operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to circulate air.

2.5 Noti?cation
The Contractor shall notify the Director of Public Works or designee thereof of the repairs made or alteration to the operation of any system. During normal business hours of the City, notification by telephone and email shall be made within one (I) hour of such change. Within five (5) calendar days after completion of this examination, the Contractor shall submit, in writing, a report summarizing the results of the examination and inspection to the Director of Public Works or designee thereof. All written correspondence shall be addressed to the Director of Public Works, City of Covina, 534 North Barranca Avenue, Covina, CA 91723.

The Contractor shall call and confirm via email the morning of each day any extraordinary maintenance that is directed to take place during that day. The Contractor shall notify the Director of Public Works or designee thereof of the proposed maintenance specifying the type of maintenance, location, and the approximate time of day that repairs are to occur. If services are commenced without obtaining approval from the City, payment will not be made until City staff can inspectthe services.

For emergency call-outs during normal and non-business hours of the City, noti?cation by text, email, or telephone response (if emergency escalates) upon receipt of the call-out by the City Representative and at the completion of emergency services performed to the Director of Public Works or designee thereof. Within five (5) calendar days after completion of these services, the Contractor shall submit, in writing, a report summarizing the emergency services conducted to the Director of Public Works or designee thereof. The emergency services completed shall also be included in the maintenance records of the service location maintained by the Contractor.

These results shall also be placed in the maintenance records of the service location maintained by the Contractor.

2.6 Maintenance Records
The Contractor shall keep a current, permanent operationalrecord of all services perfonned at a service location, including, but not limited to, routine maintenance, service calls and extraordinary maintenance, for each and every piece of equipment that the Contractor is required to maintain by this Contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) calendar days upon request of the Director of Public Works or designee thereof. The form shall include, at a minimum, the date, time, descriptionof device including all model, part or serial numbers, narrative of deficiencies encountered, and a detail of any and all corrective action(s) taken.

Entries shall be made legibly in indelible ink and shall be initialed by the technician making the entry.

2.7 Monthly Maintenance Regorts
The Contractor shall develop a monthly summary report in cooperation with the City to be submitted with the monthly invoice. This monthly summary report shall itemize all activities relating to HVAC system maintenance for each maintained location. The summary report shall list the maintenance history of the entire reporting period for each individual location and any de?ciencies found, including arrival and departure times, dates and addresses of the repairs, service personnel dispatched, types or repairs made, and all materials and equipment used for each day worked. The summary report shall be submitted to the City within ten (10) calendar days following the end of the month of the reporting period. Invoices will not be paid until the summary report has been reviewed. In addition to the hard copy, the report shall also be submitte d electronically in a standard format (i.e. MS Word or MS Excel).

The following information shall be legible, and at a minimum, is required for each location:
a. Location by facility name and address;
b. Date and time a call was received and the first and last name of the caller or self-initiated; c. Date and time the Contractor’s personnel and equipment arrived at the scene; d. Date and time thejob was completed;
e. Nature of the malfunction, if any, and a description of the action taken by the technician; and
f. Contractor notation of routine, extraordinary, or additional services (including emergency services).

The Contractor shall comply with all requests for reporting. The format of the reports shall be per the City’s discretion. All records are the property of the City and at the termination of the Contract shall be delivered to the City. An inventory of all City HVAC equipment at each location shall b e completed and submitted to the City within thirty (30) days of the Notice to Proceed.

2.8 Salvaged or Damaged Eguipment and Ownership
Ownership of all materials existing and incorporated in the services is vested in the City.

Salvaged or damaged equipmentshall become the property of the Contractor, unless otherwise directed by the City. Contractor is responsible for the proper disposal and recycling of such

2.9 Warran_t_1Service
The Contractor shall guarantee all services against defective material or workmanship for a period of one (1) year from date of completionof the services. Damage due to accidents, acts of nature, and service power surges, including those from sabotage and/or vandalism, are exempt from the guarantee.

When defective material and/or workmanship is discovered which require repairs to be made under the guarantee, all such work shall be done by the Contractor at its own expense within ?ve (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fail to repair such defective material and/or workmanship within ?ve (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, if the Contractor is unable to respond, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein speci?ed shall be done under the provisions of the Contract speci?cations.

During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

2.10 Maintenance Operations
Maintenanceoperationsshall be conducted in such a manner as to cause as little inconvenience as possible to facility occupants and neighboring properties. Convenient access to driveways and buildings shall be maintained in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traf?c. At the end of each day’s work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from areas dedicated for use by public traf?c.

The Contractor shall furnish all ?agmen, barricades, barriers, lights, signs and any other device which may be necessary for adequate and safe traf?c control.

The Contractor shall provide unobstructed access to all ?re hydrants at all times except as otherwise approved by the Director of Public Works, or designee thereof.

Failure to provideadequate safety devices, as directed by the Director of Public Works or designe e thereof, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost. The City shall be entitled to offset any costs incurred agains t
the Contractor’s invoice.

All costs for traf?c control shall be included in the rates for the various items in Bid Schedule and no additional compensation will be allowed.

2.11 Best Management Practices §BMPs[
In order to ensure a minimum level of water quality control is employed, the Contractor shall effectively implement and maintain appropriate BMPs and shall comply with the following requirements:
a. Rinsewater generated from maintenance activities shall not be discharged to the storm drain system or receiving waters;
b. Rinsewater generated on the project site shall be contained within the project site using appropriate BMPs; and
c. Non-storm water runoff from equipmentwashing, or any other activity shall be contained within the project site using appropriateBMPs.

Water pollution control work shall confonn to the requirements of the latest edition of the California Stormwater BMP Handbook and addenda thereto issued up to and including the date of advertisement of the Project. The material in the BMP Handbook is also available online at cabmphandbooks.com. The Contractor shall become fully knowledgeable and fully comply with the applicable provisions of the BMP Manual, Permits, and Federal, State, and local regulations that govern the Contractor’s operations as they relate to storm water discharges from the project site.

Full compensation for the implementation of BMPS, including construction, deployment, maintenance, removal, and furnishing of all necessary labor, equipment, materials, and all other related costs shall be considered as included in the rates for the various items in Bid Schedule A and no additional compensationshall be allowed.

2.12 Damage
Adjacent improvements, such as street pavement, curbs, gutters, sidewalks, sprinklers, roof structures, facades, parapets, and driveways, damaged as a result of the Contractor’s operations shall be repaired in a timely fashion at the Contractor’s sole expense to the satisfaction of the Director of Public Works, or designee thereof.

2.13 Sound and Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any services performed pursuant to the Contract.

2.14 Types of Systems
The rates bid for both the routine and extraordinary maintenance shall apply to all types of HVAC systems as may exist in the covered facilities now or that may be installed during the life of the

2.15 Meetings
The Contractor may be requested to attend/participate in meetings with City staff by the Director of Public Works, or designee thereof. These meetings will be held for the purpose of discussing Contract provisions, problems and/or issues and ensuring that the services are proceeding as per the Contract. Full compensationfor attending these meetings shall be considered as included in the rates in Bid Schedule A for the various items and no additional compensation shall be allowed.

2.16 Estimate of Quantities
The quantitiesshown in the Contract shall be considered as approximateonly, being listed therein as a basis for the comparisonof bids. The Director of Public Works, or designee thereof, does not guarantee or agree, either expressly or by implication, that the actual amounts required would correspond therewith. The Director of Public Works, or designee thereof, reserves the right to increase or decrease the amount of any item or portion of services or material to be perfom1ed or furnished, or to omit any such item or portion, in accordance with the provisions relative thereto set forth in this Scope of Service.

2.17 Routine Preventative Maintenance
The Contractor shall provide a program of routine preventative maintenance designed to eliminate or reduce the incidents of malfunction and extend the useful life of the equipment. The program, the cost of which is specified in the Contract unit price for HVAC systems, shall include, but not be limited to, all equipment, labor, and materials required to complete all necessary routine preventative maintenance and no additional compensationshall be given to complete those tasks.

2.18 Additional Services Not Listed in Scope of Service At times, it will be necessary for the Contractor to perform additional services above and beyond the routine and extraordinary maintenance services specified by this Scope of Service. The Contractor shall supply a scope of service and a cost estimate to the Director of Public Works Director or designee thereof, for servicesto be performed in these cases. Prior to commencement of extra work, Contractor must receive written authorization from the City. Billing for suc additional services shall reflect the labor rates, actual hours worked, equipment, and materials h supplied. The Contractor’s invoice for additional services shall indicate:
a. Work order number, person giving authorization and date of services; b. Contractor’s invoiced material;
c. Contractor’s labor charge;
d. Contractor’s equipment charge;
e. Descriptionof services completedand location of work; and

f. Salvage credit (if none, so state).

The City will compensate the Contractor for such additional services based on the verified invoice cost of materials, equipment, and labor, plus markup.

The Contractor shall be available to assist with inspection of new installations when requested by the City on a per hour rate for Contractor’s personnel present at the inspection.

Additional services include items not listed in this Scope of Service, Exhibits C and D of Section IV of this solicitation (Routine Preventative Maintenance), Exhibit E of Section IV of this solicitation (Extraordinary Maintenance) and Exhibit F of Section IV of this solicitation (Emergency Repairs), and may include items such as, but not limited to, the following:
a. Furnish and install replacement package units;
b. Furnish and install replacement control systems and panels; c. Furnish and install replacement thermostats;
d. Furnish and install replacement electrical breaker panels; e. Furnish and install replacement pumps, motors, compressors, evaporator coils, and valves;
f. Emergency call-out response; and
g. Furnish and install other HVAC equipment as requested by the Director of Public Works or designee thereof.

Additional services, except for emergency repairs as provided for in this Scope of Service shall require prior written authorization from the Director of Public Works or designee thereof. I n situations requiring immediate response, verbal authorization from the Director of Public Works or designee thereof is sufficient; followed by written authorization.

Upon receipt of an itemized invoice within thirty (30) days of completion of services, the City shall compensate the Contractor for additional services, including labor, material, equipment, an markup. The material markup for the Contractor shall not exceed ?fteen percent (15%) of dth e supplier’s invoice price (cost). In the event a negotiated price cannot be reached, the City reserves the right to repair and/or solicit quotations or invite bids and award services to any contractor to perform such additional services.

2.19 Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the services.

2.20 Permits, Licenses and Inspections
The Contractor shall have at least a Class “C 20” license at the time of awarding of the Contract.

The Contractor and all its subcontractors shall obtain and pay for a City business license from the City priorto the commencement of services. The Contractor shall procure all permitsand licenses , pay all charges and fees, and give all notices necessary and incidental to the due and lawfu l prosecution of the Contract. All services performed, or equipment or parts supplied by th e Contractor, shall be subject to inspections and approval of the Director of Public Works, or designee thereof.

_:__
_“__:_
_,.
\lonthl_\' l’rc\'cnt21ti\'c l\lz1intcnancc at City Total Montllly Facilities Labor Costs Annual Costs
Hours
Covina City Hall including Firehouse Jail
Museum 7'ql 335. 73' 7.Lp6l
2- Covina Cit Yard '- $3 IHE’1_

3. Covina Police Deartment §.Il/
4- .S’ [@11-

5. Covina Librar

6. Recreation Of?ces 1 SH

7. Teen Center .59 $ 902.

8. Couar Park . ‘-1 $ 0 1-

9. Recreation Hall and Pool Heater at Covina $ $
I 08 _
Park W68

10. Covina Senior & Communit Center

11. Bike Hub bike storae unit
l2.2.%3
\“C9ix00 69995999 ”. 71$: I0 ¢C (‘.3 V
' eeeaeeeeeeeeeeee ‘VO

12. Metrolink Restrooms ‘I‘IS’

13. Metrolink Guard Shack

14. Metrolink Parkin Structure Storae Room ‘.5‘ O

3. ca"\
Metrolink Parkin Electric Room
Metrolink Parkin; Elevator Room
Downtown Parking Structure Electrical
Room
Downtown Parking Structure Elevator
Room
Covina Transitional House
G6%69990’\l \

17. Ann uul l’rc\'cntati\'c \l:1intcnancc:
(Total for ltcms 1 through 19)

SECTION III - BID

3.1 Bid Schedule A
Bidderss Name, Control Air Enterprise
To the Honorable Mayor and Members ofthe City Council:

In compliancewith the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment, and suppliesfor HVAC preventative maintenance an d repair services in accordance with the Contract Documents to the satisfaction and under th e direction of the Director of Public Works, at the following rates:

BIDDER: Control Air Ente ris
e SIGNATURE & TITLE:
/ /

3.2 Information Reguired of Bidder
Fill out all of the following information. Attach additional sheets if necessary. (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(ll)
(12)
Bidder’s Company Name: Control Air Enterprise
If the bidder’s name is a ?ctitious name, who or what is the full name of the registered owner? If the bidder’s name is not a ?ctitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the ?led valid Fictitious Business Name Statement.

N/A
Business Address: 5299 E] 3 Ealma Ayg Anabgim Q5 9239]
Tdephone; 714-777-61 11 Facsimile; 714-777-8635
Type of firm - Individual, Partnership, LLC or Corporation: LLC Corporation organized under the laws of the State of: California California Contractor’s License Number and Class: C20 1053402 Original Date 2019 Expiration Date: 05/31/2023 Issued:

DIR Contractor Registration Number: PWR-LR-100379532
List the name and title of the person(s) who inspected the Project site for your ?rm:

N/A
List the name and title of the person(s) who attended the optional pre-bid meeting for your fim1,(if any): N/A
Number of years of experience the company has as a contractor in HVAC maintenance and repair services: 42
List the names, titles, addresses, and telephone numbers of all individuals, fimi members, partners, joint venturers, and company or corporate officers having a principal interest i n this bid:

N/A
(13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principa l having interest in this bid:

(16)
c. State the tribunal (e.g., SuperiorCourt, American ArbitrationAssociation, etc.), the matter number, and the outcome:

N/A
Has the company or any principal having an interest in this bid ever had a contract terminated by the owner or agency? If yes, explain.

N/A
(15) For all arbitrations, lawsuits, settlements, and the like (in or out of court) that the company or any principal having an interest in this bid has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:

N/A
(14) List the dates of any voluntary or involuntary bankruptcyjudgments against any principa l having an interest in this bid:

N/A
(I7) Has the company or any principal having an interest in this bid ever failed to complete a project? If yes, explain.
b. Briefly summarize the parties’ claims and defenses:

NA
N/A

(l9) For projects that the company or any principal having an interest in this bid has been involved with in the last ?ve (5) years, did you have any claims or actions:
a. By you against the owner? [:| Yes [YrNo
b. By the owner against you? C] Yes [E No
c. By any outside agency or individual for labor compliance? E] Yes Ij No d. By Subcontractors? D Yes [2 No
e. Are any of these claims or actions unresolved or outstanding? [:I Yes IE/No
If your answer is “yes” to any part or parts of this question, explain.

Upon request of the City, the biddershall furnish evidence showing a notarized?nancial statement, financial data, experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Fom may 1 result in the bid being deemed non-responsive.

The bidder certi?es under penalty of perjury under the laws of the State of California that th e information provided above is true and correct.
(18) Has the company or any principal having an interest in this bid ever been terminated for cause, even if it was converted to a “terminationof convenience”? If yes, explain.

NA
(20) List the last three (3) projects you have worked on or are currently working on for the City of Covina:

NA

A 5-31
21% A"
@445’
Signature:

Title:

Date:

This form must be notarized.

Company
Signature:

Title:

ACKNOWLEDGMENT
A notary public or other officer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validit of that document.

State of California
County of
On i[ &&- before me,
personally appeared SC011+
who proved to me on the basis of satisfactory evidence to be the person whose name isl subscribed to the within instrument and acknowled ed to me that@/gbe?hefexecuted the same in we?/their authorized capacityaesf and that by h /thensignatureggyonthe instrument the personlsa?nthe entity upon behalf of which the person_(,s«)/acted, executed the instrument.

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

OrangeCounty f
Commissionit 2388839
MyComm.ExpiresDec31.2025

3.3 References
Reference No. 1
Project Name‘ ‘
Preventative Maintenance
Brief Description of Project/Services Provided: Annual Chiller Maintenance Inspect, Test, and Maintain Chiller to sustain highest ef?ciency.

I
Agency:

V
City of Anaheim
Contact Person
(Name/Title): Jon Legget
Address‘ 500 w Broadway, Anaheim, CA 92805
Phone Number.. I
714_4l2_57I4
Email Address’ [email protected]
Approximate Dates: I ‘/2019
Contract Value: $14,846“)
Did the Agency ?le any claims against you?
-I If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

I
N/A

'4': on:1no2o
N
Project Name‘ Preventative Maintenance
Brief Description of Project/Services Provided: Annual Maintenance & Repair Service Inspect, Test, and Maintain HVAC units at each location. °“’*"°”
Contact Person
(Name/'I‘itle): Tad Sawyer
Address: 5700 Orange Ave, Orange, CA 90630
Phone Number: 714_745_7g5g
Email Address’ [email protected]
F'°"" 07/01/2021
T°‘
$36,523.02 $36,523.02
If ?nal amount is different from original amount, please explain (change orders, extra work, etc.).

Approximate Dates: , Active
Contract Value:

N/A
Did you or any Subcontractor file any claims against the Agency? Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Did the Agency ?le any claims against you?
8-<
NA

Reference No. 3
Project Name‘ Preventative Maintenance
Brief Description of Project/Services Provided: Annual Maintenance & Repair Service Inspect, Test, and Maintain HVAC units at each location.

A3°“°Y= City of Riverside
Contact Person
(Name/Title): Garry Grimwade
Address‘ 2201 Railroad Street, Corona, CA 92878
Phone Number:

Email Address: [email protected]
Approximate Dates: 08/26/19 Active
Contract Value: $72 086_00 W $72 086 00
If final amount is different from original amount, please explain (change orders, extra work, etc.).
| N/A
Did you or any Subcontractor file any claims against the Agency? Yes Did the Agency file any claims against you?
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

N/A

Reference No. 4
P
' mlec tN ame : . . Preventative Maintenance
Brief Description of Project/Services Provided: Annual Maintenance & Repair Service Inspect, Test, and Maintain HVAC units at each location.

Contact Person
R
_ S
_
(Name/Title): °“' ‘ePa“‘a"
Address‘ 800 Air Way, Glendale, CA 91201
Phone Number:
818-548-3980
Ema‘ 'I Add less : .
[email protected]
Approximate Dates: From: “/2020 Active
Contract Value: $15,000.00 $15,000“)
If ?nal amount is different from original amount, please explain (change orders, extra work, etc.).

N A
Did you or any Subcontractor file any claims against the Agency? W j Did the Agency ?le any claims against you? Yes
i
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

NA

Reference No. 5
Project Name: Preventative Maintenance
Brief Description of Project/Services Provided: Annual Maintenance & Repair Service Inspect, Test, and Maintain HVAC units at each location. °fLaPa'ma
Contact
(Name/Title): Carlo Nafarrete
7821 Walker St, La Palma, CA 90623
Phone Number: 7 I 12
Email Address: , cnafarrete cityo?apalmaorg
If final amount is different from original amount, please explain (change orders, extra work, etc.).

NA
Did you or any Subcontractor ?le any claims against the Agency? I ! Did the Agency file any claims against you? I I
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

3.4 Non-Collusion Declara ion orm o e xecu e by Bidder & Submitted with Bid ]Public Contract Code Section 7106
The undersigned declares:

I am the Director Ofservlce of Control Air Enterprise, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership company, association, organization, or corporation. The bid is genuine and not collusive , or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to ?x the bid price of the bidder or any other bidder, or to fix any overhead, pro?t, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of p ju under the laws of the State of California that the foregoing is true and correc a t t is declaration is executed on 09 27 22 [date], at Anahe [city]
state].

Signature Signature
Printed N e: Sc k Printed Name:

Date: 09 27 Date:
?_I_l Afr}.
-zg
Am
/ /

A notary public or other of?cer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validi of that document.

State of California
County of
On before me,
insert name and title f the of?c r
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is/ s scrib d to the within instrument an acknowled d to e t at s executed the same i /t ll‘ authorized capacity(i , and that by i /t signature on the instrument the n person , or the entity upon behalf of which the person acted, executed the instrument.

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

LIAL.MACEDO
WITNESS my hand and official seal. § "°“’.§,’§‘,‘.‘,§§‘c'., §:'.','°'"" CommissionI!2388839 " 1 MyComm.Expires Dec31, 2025 I VNN
(Seal)
‘?u I
511/11

Addendum Number EI'd. T ’ V!
j’

3.5 Addenda Acknowledgement Form
Biddcl-’sCompany Name; C0l'ltl'Ol El'ltCI'pI'iSC
The bidder shall signify receipt of all Addenda here, if any:

If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.

‘E
L -Y

3.6 Workers’ Compensation Certi?cate
I am aware of, and will comply with, Section 3700 of the Labor Code requiring every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance befor commencing any of the work. e
Signature:

Title: Dir
Co trol

3.7 Bidder’s Checklist
TO THE BIDDER:

The following checklist is provided for the convenience of both you and the City and to hel eliminate errors and omissionsthat may render your bid unacceptable. Please check all appropriat p boxes and submit with your bid. Bids must include, but need not be limited to, thee followin information: g

BID PROPOSAL

1. Er COMPLETED AND SIGNED BID AND BID SCHEDULE A - HVAC

PREVENTATIVE MAINTENANCE AND REPAIRS

2. B/COMPLETED, SIGNED, AND NOTARIZED INFORMATION REQUIRE

OF BIDDER FORM D

3. Er COMPLETED REFERENCES FORM

4. M COMPLETED, SIGNED, AND NOTARIZED NON—

DECLARATION FORM COLLUSION

5. lQ/COMPLETED AND SIGNED ADDENDA ACKNOWLEDGEMENT FORM

6. W(COMPLETED AND SIGNED WORKER’S COMPENSATION

CERTIFICATE
Bids are to be signed and submitted in triplicate (one original and two copies). If your bi does not include all of the above items, it may be deemed non-responsive. d Mail bids to: City Clerk, 125 E. College Street, Covina, CA 91723 before 4:00 PM on the day listed in the “Notice Inviting Bids”. Mail sufficiently early or deliver in person to City Clerk, 125 E. College Street, Covina, CA 91723.

4.0 Soliciting
The Contractor shall not provide and shall not solicit any Services in the facilities or on the properties of the City other than that which is de?ned in this Contract. The Contractor shall establish, implement, and maintain procedures and controls adequate to prevent its personnelfrom providing any services other than that which is de?ned in this contract or soliciting or accepting any gratuities in the facilities of the City.

5.0 Bid Package Submittal Deadline and Format
Bid packages are to be submitted to the City on or before 4:00PM on Tuesday, September 27, 2022. No oral, faxed, emailed, or telephonic bid proposals or alternatives will be considered. A bid may be withdrawn without prejudice upon written request by the bid proposer ?led with the City Clerk before the bid proposal submission deadline. Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the deadline for submission of bids.

Bids received after the state deadline will not be accepted. The time of delivery shall be de?nitively determined by the time-stamping clock located in the City of Covina City Clerk’s Of?ce, 125 E. College Street, Covina, CA 91723. It isthe bid proposer’s sole responsibility to see that its bid is received in proper time, and bidders assume all risks arising out of the means of delivery. Any bid received after the deadline will be returned to the bid proposer unopened. All accepted bids shall become property of the City.

Bid packages are to be submitted to:

Michael Flores Jr, Senior Management Analyst
City of Covina
c/o City of Covina City Clerk’s Of?ce
125 E. College Street
Covina, CA 91723
All responses must be completed as required,signed by an of?cer of the ?rm who is authorized to enter into a binding agreement with the City on behalf of the company, and must be received in the place and time designated above. Bids (including Bid Proposal) are to be submitted in separate sealed envelopes clearly marked with the contractor’s name, address, telephone number, and email address. Submit one sealed envelope clearly identi?ed as Bid Proposal — “HVAC Preventative Maintenance and Repairs”, containing three (3) copies of the work bid proposals.

6.0 Bid Package Contents
Bid Packages shall be concise, well-organized, and demonstrate the contractor’s quali?cations and experience relating to the proposed project. At a minimum, bid packages shall include the following infonnation:

0 Bid Proposal (Envelope #1 - Submit 3 Copies)
The Bid Proposal shall include, as a minimum, the following information, presented in a clear and concise manner:
0 Completed and signed Bid and Bid Schedule A — HVAC Preventative Maintenance and Repairs
0 Completed, signed, and notarized infom1ation required of Bidder Form. 0 Completed, signed, and notarized Non-Collusion Declaration Form 0 Completed and signed Addenda Acknowledgement Form
0 Completed and signed Workers’ Compensation Certi?cate Bids are to be signed and submitted in triplicate (one original and two copies). If your bid does not include all of the above items, it may be deemed non-responsive.

Mail bids to: City Clerk, 125 E. College Street, Covina, CA 91723 before 4:00 PM on the day listed in the “Notice Inviting Bids”. Mail sufficiently early or deliver in person to City Clerk, 125 E. College Street, Covina, CA 91723.

7.0 RFB Inguiries and Addenda
For inquiriesregarding this RFB, please contact Michael Flores Jr, Senior Management Analyst, via electronic mail at . Bidders must e-mail inquiries no later than 5:00 PM on Tuesday, September 13, 2022. Inquiries received after that date and time will not be answered. Please include the following in the subject line of the e-mail: “Inquiry re: RFB for HVAC Preventative Maintenance & Repairs. Telephonic inquiries will not be accepted.

The City will issue any revisions to this RFB as addenda. The City will distribute addenda to all potential bidders and post addenda on the City’s website. Bidders are responsible for receipt of all addenda. Therefore, each bidder should contact the City to verify that he or she has received all addenda issued, if any. The City’s issuance of a written addendum is the only of?cial method whereby the City will interpret, clarify or provide additional information concerning this RFB. No oral revisions to any provision in the RFB shall be binding. m?ores a cox inz1ca.20

8.0 Anticipated Schedule
Milestone Date
RFB Issued Thursda , Au ust 25, 2022
Otional Pre-Proosal Meetin Tuesda Setember 6 2022 at l:00PM Deadline for Clari?cation/lnuiries Tuesda , Setember l3 2022 at 5:00PM Responses to Clari?cations/ Inquiries (if Tuesday, September 20, 2022 an
Deadline for Bid Submittal/Bid Oenin Tuesda , Setember 27, 2022 at 4 00PM Award of Contract Tuesda , October 18, 2022
Tuesda , October 25,2022

9.0 Evaluation of Bid
Bids will be evaluated based on the lowest grand total of the HVAC Preventative Maintenance and Repair costs for the 5-Year Contract term submitted in the bidder’s bid. The Contract, if awarded, will be made from among the responsive and responsiblebidders. In case of a discrepancy between the total monthly costs and the total annual costs in Bid Schedule A, the annual costs will govern.

The costs will be subject to adjustment by the City on that basis in the event of discrepancy and a Contract is awarded.

10.0 Professional Services Agreement
The City will identify the bid proposer that best meets the needs of the City and enter contract negotiations with that highest ranked ?rm. Should the City fail to reach agreement with the top ranked bid proposer, the City may enter negotiations with the next highest rated bid proposer, and so on. City staff will make a recommendation to the City Council for the award of the Contract to the bid proposer that best furthers the City’s objectives.

The successful bid proposer will be expected to execute the Contract no more than ?fteen (15) calendar days after City Council approval. A recommendation for Contract award will tentatively be presented to the City Council for consideration on October 18, 2022.

11.0 Insurance Reguirements
The successful bid proposer shall secure all insurance required under the Contract and provide any necessary documentation to the City fifteen (15) calendar days subsequent to City Council approval.

The following list is an outline of insurance and limits the Contractor must carry during the tenn of the Contract and any extensions thereof:

Required Combined
C°V°"“g° If Marked Single Limits

4. Automobile Liability X $2,000,000

5. CommercialGeneral Liability X $2’g§%
Note: The City, its City Council members, officials, officers,g8ra:;::;r:t2ce employees, agents, and volunteers must be listed as additionally insured on an Additionally Insured Endorsement Form for the Automobile Liability Insurance and Commercial General Liability Insurance. The Contractor must also providean Automobile Liability Insurance and CommercialGeneral Liability Insurance Waiver of Subrogation Endorsement to the City. The City will not accept blanket endorsements.

6. Workers’ Compensation X $1,000,000
Note: The Contractor must provide a Workers’ Compensation coverage Waiver of Subrogation Endorsement to the City. The City will not accept blanket endorsements.

Prior to execution of the contract, the Contractor must provide the City with evidence of the above insurance coverage on forms satisfactory to the City’s Risk Manager/Claims Coordinator. Specific insurance information is included in the attached sample Agreement for HVAC Preventative Maintenance and Repair Services. The required insurance must be kept in full force and effect during the entire contract period and any extension thereof, and renewed as required by each policy expiration date along with revised endorsements accordingly.

The Certificate of Insurance must provide, that in the event of cancellation or material change in any of the required coverage, the insurer will give the City thirty (30) calendar days advance written notice. The certificate shall not contain “best effort” modi?ers or in any way relieve the insurer of responsibility to give this notice.

The Certificate of Insurance must also state that the coverage provided in it is primary, and that the insurer waives any right of contribution with insurance that may be available to the City.

In lieu of evidence of the Workers’ Compensation insurance policy, the Contractor may furnish satisfactory evidence that it has secured from the California Director of Industrial Relations a certi?cate of consent to self-insure. If Workers’ Compensation coverage is provided through a permissibly self-insured program, the Contractor will provide written confirmation through a program endorsement waiving the right of subrogation against the City, prior to the commencement of any work under the contract.

12.0 Acceptance or Rejection of Bid
The City reserves the right to accept, reject, or accept a portion of any and all bids. The City also reserves the right to waive any informality or irregularity in any bid or in the bidding as deemed to be in its best interest. Additionally, the City may, for any reason, decide not to award the Contract as a result of this RFB or cancel the RFB process. The City shall not be obligated to respond to any bid submitted, nor be legally bound in any manner by the submission of the bid.

The City reserves the right to negotiate services and associated costs.

13.0 Legal Responsibilities
All bid proposals must be submitted, ?led, made, and executed in accordance with State and Federal laws related to bid proposals for contracts of this nature whether the same or expressly referred to herein or not. Any company submitting a bid will by such action thereby agree to each and all of the terms, conditions, provisions, and requirementsset forth, contemplated, and referred to in the bid, and other contract documents, and to full compliance therewith.

14.0 Discrepancies and Misunderstandings
Bidders must satisfy themselves by personal examination of the worksite, speci?cations, and other Contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements,and difficulties under which the Services must be performed.

No bidders will at any time after submission of a bid make any claim or assertion that there was any misunderstandingor lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies called to the attention of the City will be clari?ed by the City in writing to all bidders prior to the submission of the bids.

15.0 Bidder Interested in More than One Bid
No person, ?rm, or corporation will be allowed to make or ?le, or be interested in more than one bid for the same work unless alternate bids are called for. No bid will be accepted from a bidde who r has not been licensed in accordance with the provisions of the State Business and Professional Code.

Attachments:

Attachment A: City of Covina Professional Services Agreement

en.

EXHIBIT
DJ
42 \I
SECTION IV — EXHIBITS
A — SERVICE LOCATIONS

CITY FACILITY
Covina City Hall including Firehouse
Jail Museum
Covina Cit Yard
Covina Police Deartment
ForestdaleReservoir
Covina Librar
Recreation Offices

ADDRESS
I25 E. College Street
534 N. Barranca Avenue
444 N. Citrus Avenue
ForestdaleSt/Ruddock
234 N. SecondAvenue
I250 N. Hollenbeck Avenue
Teen Center
Couar Park
301 N. Fourth Avenue
Citrus Avenue and E. Navilla Place

9. Recreation Hall and Swimming Pool at 301 N. Fourth Avenue Covina Park

10. Covina Senior & Communit Center 815 N. Barranca Avenue

11. Metrolink Restrooms 600 N. Citrus Avenue

12. Metrolink Guard Shack 600 N. Citrus Avenue

13. Metrolink Parking Structure Storage 559 N. Citrus Avenue Room
l4 Metrolink Parkin; Electric Room 559 N. Citrus Avenue iiiS7‘.‘’‘.

17. I9.

Metrolink Parkin Elevator Room
Downtown Parking Structure Electrical
Room
Downtown Parking Structure Elevator
Room
Covina Senior & Communit Center
Covina Transitional House
559 N. Citrus Avenue
124 E. College Street
124 E. College Street
livarded
815 N. Barranca Avenue
Con?dential — Given once Contract

EXHIBIT B — LIST

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EXHIBIT C — ROUTINE PREVENTATIVE MAINTENANCE - NON-PUBLIC SAFETY

SERVICE TASKS (HVAC EQUIPMENTLOCATED AT CITY YARD, CITY HALL,

PARKING STRUCTURES AND LOTS, LIBRARY, AND PARKS FACILITIES) Inspectionand service for each unit once every three (3) months. The Contractor shall provide the labor, equipment, and material to perform the complete list of services. The list of services i s meant as representative only and not meant to be considered as complete or restrictive, in nature.

Additional activities as determined by the Contractor, to be recommended, shall be included.

1. Exhaust Fans
Operating Inspection (Quarterly)
0 Con?rm fan operation
Record motor amps and voltage
Inspect overall condition
Check bearing temperature
Check blower wheels for balance and vibration
Check belt tension and condition — replace if needed
Lubricate per OEM recommendations
Seasonal Inspection(May and October)
0 Con?rm fan operation
Record motor amps and voltage
Inspect overall condition
Check starter contacts and electrical connections
Replace belts and check sheaves
Lubricate per OEM recommendations

2. Packaged Units — Heat Pumps
Operating Inspection- Heating (Quarterly)
0 Test safety controls
lnspect overall condition, exchanger, burner, combustion and gas pressure Con?rm electric heating coil operation
Record coil amps and voltage
Record temperature rise at 100%
Check belt tension and condition
Lubricate per OEM recommendations
Filter changes with HE40 pleated MERV rating 8
Tighten electrical controls
Clean and adjust blower components
Inspect and wash condensers as needed
Check thermostat setting and calibration

Operating Inspection — Cooling (Quarterly)
Inspect overall condition
Con?rm DX system operation
Check refrigerant charge and level pressure
Check belt alignments
Check belt tension and condition
Lubricate per OEM recommendations
Inspect condenser coils and evaporator coils
Inspect condensate pans and clean as needed
Clean condensate drains
Filter changes
Inspect and wash condensers as needed
Seasonal Inspection — Heating (May and October)
Inspect overall condition
Service electric heating coil as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connections
Replace belts and check sheaves
Lubricate per OEM recommendations
Seasonal Inspection- Cooling (May and October)
Inspect overall condition
Service DX system as necessary
Calibrate safety and operating controls
Check starter and contacts and electrical connection
Replace s belts and check sheaves
Lubricate per OEM recommendations

3. Split Systems — Heat Pump
Operating Inspection — Heating (Quarterly)
Inspect overall condition
Con?rm electric heating coil operation
Record coil amps and voltage
Record temperature rise at 100%
Check belt tension and condition
Lubricate per OEM recommendations
Operating Inspection — Cooling (Quarterly)
Inspect overall condition

Con?rm DX system operation
Check refrigerant charge
Check belt tension and condition
Lubricate per OEM recommendations
Inspect condenser coils and evaporator coils
Wash condensers as needed
Inspect condensate pans and clean as needed
Seasonal Inspection — Heating (Quarterly)
Inspect overall condition
Service electric heating coil as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connections
Replace belts and check sheaves
Lubricate per OEM recommendations
Seasonal Inspection — Cooling (Quarterly)
Inspect overall condition
Service DX system as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connections
Replacebelts and check sheaves
Lubricate per OEM recommendations

4. Computer Room Units
Operating Inspection— Cooling (Quarterly)
Inspect overall condition
Con?rm DX system or chilled water coil operation
Con?rm humidi?er and reheat coil operation
Clean humidi?er and reheat coil operation
Check voltage drops on load contactors
Tighten electrical connections
Inspect condenser coils and evaporator coils
Wash condensers as needed (twice a year or as needed)
Inspect condensate pans and clean as needed
Check condition of ?lter media and change if needed
Check belt tension and condition
Seasonal Inspection — Cooling (May and October)
Service DX system or chilled water coil as necessary
Service humidi?er and reheat coil as necessary

Calibrate safety and operating controls
Check starter contacts and electrical connection
Replace s belts and check sheaves
Lubricate per OEM recommendations

EXHIBIT D — ROUTINE PREVENTATIVE MAINTENANCE - PUBLIC SAFETY

SERVICE TASKS (HVAC EQUIPMENT LOCATED AT COVINA POLICE

DEPARTMENT)
ROOFTOP PACKAGED AND SPLIT AIR CONDITIONING SYSTEMS:

Quarterly:

For rooftop packaged units: Replace air ?lters using pleated MERV-8 ?lters General inspectionof equipmentfor unusual noises, vibration, or visible leaks Inspect unit exterior and interior compartments for signs of corrosion, damage, leaks, insulation issues, leaks at refrigerant piping connections (for split systems), and othe r problems
Verify proper operation of evaporator and condenser fan motors Inspect fan wheels for free rotation, cracks and alignment Inspect fan and motor bearings and lubricate as needed
Check pulley grooves and belts for alignment, wear, tension and adjust as needed; Replace belts as needed
Inspect condition of evaporator and condenser coils and report if cleaning is needed Inspect condition of condensation drain piping and pans and clean as needed Check outdoor air and system temperatures for proper cooling/heating performance Check operationof compressor, solenoid valves, and expansion valves Check refrigerant charge as needed
Verify operation of reversing valve (for heat pumps)
If applicable, check function of economizer dampers
Inspect wiring and starter contacts for sign of wear, arching, overheating, burns, etc.

Inspect and tighten electrical connections as needed
Inspect and clean air intake screens
Upon completionof maintenance, verify all panels and guards are tightened securely Gas/Electric units (Fall and Winter):

Check heat exchanger for cleanliness and signs of deterioration Check operation of gas valves
Check operationof combustion fan motor
Inspect all burners linkages for secureness and/or damage Inspect condition of burner ?ame
Annually:

Chemically clean condenser coils (Spring)
EXHAUST FANS:

Semi-Annually (Spring and Fall):

General inspectionfor cleanliness, corrosion, unusual noises or vibration

Check blower wheel for free rotation and alignment
Lubricate motor and bearings as needed
Check pulley grooves and belts for alignment, wear, tension and adjust as needed Replace belts as needed
Inspect wiring and starter contracts for sign of wear, arcing, overheating, burns, etc.

Inspect and tighten electrical connections as needed
Verify all panels and guards are tight and secure
GENERAL — ALL MAINTENANCE VISITS:

Report abnormal measurements, trends, or other issues requiring attention, and provide operational,service, and/or repair recommendations as applicable.

BUILDING AUTOMATION SYSTEM MAINTENANCE TASKING (Spring and Fall):

Operators Work Station:

Review system log book (provided) and interview facility representatives and/or system operators to discover any problems, questions, or concerns regarding system operations This discussion also provides . for a greater training opportunity for the system operator on this system.

Review graphics pages for proper readings. Check for points in alarm conditions.

Review alarm logs, inappropriate values, or unacknowledged alarms. Evaluate, make corrections, and provide recommendations to operators. Perform support on alarm database by clearing closed alarms and archiving alarm information.

Perform a complete upload of the system including both parameters and schedules. Check online status of all modules and determine the current version to determine if they are correct.

Perform system diagnostics and perform a complete database backup. Make an additional copy of database to be stored both onsite and offsite.

Test reporting alarms (random check or as-needed).

Discusssystem enhancement opportunitieswith the facilities manager and primary system operators.

As hardware additions are made and system enhancements are implemented, as-built control drawings will be revised to re?ect the most current installation.

Field DDC System Panel:

Clean all panels of dust, dirt, and debris, etc. that could cause premature failure.

Verify auto status of all H-O-A output switches.

Check all power supply and transformer voltages.

Perform controller self-test and diagnostics.

Go through all module drivers to see if anything is locked in parameters. If so, discuss with the client to detennine if a program change is required.

Visual inspection of wiring and tighten all terminations which may have vibrated loose.

Review sequence of operations for each piece of equipment with the facility operator to insure the sequence meets the current needs of the facility. Review and verify the DD Programs meet the intended sequence of operations. If minor changes in programmingC are required, make these changes as necessary. If extensive changes are required to meet the new requirements, make recommendations to the facility management.

Software Fitness Upgrade Program:

Install software “patches” (average 2 times per year) which are minor releases of current version of your building automation software. These patches will make enhancements i the performance of the software. n
Install the latest “major” release of new building automation software (one time per year) that is reported by the manufacturer’s hardware installation. These major release versions will provide additional features, as well as, major enhancements to existing features, which will improvesystem operationand enable the operator to take full advantage of new system changes and technologies. The current version installed at the Covina Police Departmen facility is WebCTRL 3.0. t
Include a Sunbelt Controls DDC technician to install software upgrades and perform a ful l system check to verify all functions and operations for the installation.

Include Remote Support Services throughout the year. City of Covina must provide a Static DSL line for Sunbelt Controls to connect remotely.

EXHIBIT E - EXTRAORDINARY MAINTENANCE
Items of Extraordinary Maintenance generally include the following:

Furnish and install replacement controls, thermostats, timers, and dampers Furnish and install replacementheating pumps
Furnish and install replacementcondensing units and evaporator coils Furnish and install new or replacement duct work, tubing, or ventilation ducting Furnish and install new or replacement heat exchangers, fans, or fan motors Clean evaporator coils if not accessible
Extraordinary Maintenance includes all labor, equipment, and materials necessary to ensure th safe and efficient operation of the City’s HVAC e systems, prescribed in Exhibit A, which goe beyond the normal routine preventative maintenance program. s

EXHIBIT F — EMERGENCY REPAIRS
Items of Emergency Repairsgenerally include the following:
0 After business hours, which are 7 a.m. to 6 p.m. Monday through Friday 0 Any maintenance/repair services that is immediate in nature and needs to be addressed expeditiously
Emergency Repairsinclude all labor, equipment, and materials necessary to ensure the safe and efficient operationof the City’s HVAC systems, prescribed in Exhibit A to this Section IV of th e solicitation, which goes beyond the normal routine preventativemaintenance program.

CONTRACTORS ESE STATE LICENSEBOARD
-~-° ACTIVE ucewse
.-. - 1053402 LLC
ENTERPRlSES LLC
. . B C20 C36 C38 A c-2 £
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Fm w..9 Request for Taxpayer GM, mm ,0 ",9
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.,.,.,,.,.,,.,.,, Identi?cation Number and Certification requester. Do not Depertrnem oiihe Treasury send to the IRS.
lntemalRevenueService > Go to www.ire.govlForrrrW9 for instructions and the latest Information. 1 Name as shown on yourIncome tax return). Name Is required on this line:do not leave this line blank.

CONTROLAIR HOLDINGS INC. 2 Buslnes nameldisregarded entity name.if ditlerent from above _ CONTROL AiR ENTERPRISES LLC
V’ 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check onty one of the 4 Exemptions (codes apply only to following seven boxes.

D indivlduallsole tor or C] ccorporauon
single-member LLC
See speci?c in on
[:1 Other (see instructiona)>
5 Address (number. street. and apt. or suite no.) See instmcllons. 5200 East La Palma Avenue
6 City, state. and ZIPcode
Anaheim.CA 92807
‘I Ust account number(s) here (optional)
' Taxpayer Identi?cation Number (TIN
S Corpomtion
certain entities.not indivduals:see
instructionson page 3):

D Partnership [:1 Trustlestate
Exempt payee code (iiany)
D Umitedliabilitycompany. Enterthe tax classi?cation(C=C corporation. 8:3 corporation. P=Partnershlp) > Note: Check the appropriate box in the line above lorthe tax classi?cationof the single-member owner. Donot check Exgmption tram FATCArgpa?ng LLCifthe LLCIs ciessi?ed as a single-member LLCthat is disregarded from the ommerunlessthe ownerof the LLCis code ofany) another LLCthat is not disregarded from the ownerfor U.S. federal tax purposes. Otherwise.a single-member LLCthat is disregarded from the ownershould check the appropriate box for the tax classi?cation of its owner. (Anode: toeooornz untrained mumthe us)
Requester‘: name and address (optional)
Enter your TINIn the appropriate box. The TINprovided must match the name given on line 1 to avoid backup withholding. For Individuals.this is generally yoursocial security number (SSN). However, for a resident alien.sole proprietor. or disregarded entity, see the instructions for Part I. later. For other entities.itIs your employer identification number (EIN).Ifyou do not have a number. see How to get a TIN,later.

Note: Ifthe account is In more than one name.see the Instructionsfor line 1. Also see What Name and Number ToGive the Requester for guidelines on whose number to enter.

Certi?cation
Under penalties of perjury, I certify that:

OT
Employer Identificationnumber

1. The number shown on this lonn is my correct taxpayer identification number (or i am waiting for a number to be Issued to me); and

2. i am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the lntemal Revenue Service (IRS)that I am sublectto backup withholding as a result of a failure to report all interest or dividends.or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCAcode(s) entered on this form atany) indicating that I am exempt from FATCAreporting is correct. certification Instructions. You must cross out item 2 above ifyou have been noti?ed by the IRSthat you are currently subject to backup withholding because you have failedto report allinterest and dividendson yourtax return.Forreal estate transactions.item 2 does not apply. Formortgage interest paid. acquisition or abandonrnenl of secured property. cancellation of debt, contributions to an indwidual retirement arrangement (IRA).and generally. payments other than interest and dividends, you arenot required to sign the certification, but you must provide your correct TIN See the instructions for Part ii.later.

Sign 7
were C3’?
General Instructions
Section references are to the InternalRevenue Code unless otherwise noted.

Future developments. For the latest information about developments related to FormW-9 and its instructions.such as legislation enacted after they were published. go to www.irs.govIFon'nW9.

Purpose of Form
An individualor entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identificationnumber (TIN)which may be your social security number (SSN). individualtaxpayer Identification number (i1'lN).adoption taxpayer identification number (ATIN).or employer identification number (EIN).to report on an information return the amount paid to you. or other amount reportable on an Information return. Examples of lnlormation returns Include.but are not limited to. the following.
- Form1099-INT(interest earned or paid)
7 2022
0 Form 1099-DIV(dividends. including those from stocks or mutual funds)
0 Form 1099-MISC(various types of Income.prizes. awards, or gross proceeds)
- Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
- Form 1099-S (proceeds from real estate transactions)
0 Form 1099—K(merchant card and third party networktransactions) - Form 1098 (home mortgage interest). 1098-E(student loan interest), 1098-T (tuition)
- Form 1099-C (canceled debt)
0 Form1099-A(acquisition or abandonment of secured property) Use FormW-9 only if you are a U.S. person (including a resident alien). to provide your correct TIN.

Ifyou do not return Form W-9 to the requester with a T7N,you might be subject to backup withholding. See What is backup withholding, later.

Date»
FormW-9 (Rev. 10-2018)

PROPOSAL FOR SERVICES:

City of Covina Maintenance RFB
COMPANY: CITYOF COVINA
PROJECT: City of Covina Maintenance RFB
I am pleased to submit the proposal to perform maintenance on the City of Covina Sites speci?ed in the RFB.

We take great pride in providing thorough maintenance on all HVACsystems that are entrusted to our care. We believe a quality maintenance program is the foundation for lower operational cost and a trouble-free, |ong—|astingHVAC system.

This contract is designed with the following in mind:
- Keep your systems running at peak efficiency
- Reduced operational cost(e|ectrica| cost, repairs, service calls etc.) - Extended life of equipment and to avoid premature spending for new unit replacements
- To meet the City of Covina Maintenance standards
At Control Air, you will be supported by a team of professionals that will ensure your service needs are met to the highest of standards. We have a team of five (5) dispatchers to attend to your service needs and three (3) account assistance that i s
responsible for repair and project quotes.

In addition, Iwill be your account manager and ultimately responsible for your account to ensure that all of your maintenance and reporting needs are met and you are served to your and Control Airs expectations as a contracted client.

Ifyou have any questions for me about this proposal, please feel free to contact me at your convenience.

Kacey Hurt
Sales Executive
[email protected]
IO
\

SCOPE OF WORK
Scope of Work for City of Covina Maintenance

1. Exhaust Fans
Operating Inspection (Quarterly)
° Con?rm fan operation
° Record motor amps and voltage
° Inspect overall condition
° Check bearing temperature
° Check blower wheels for balance and vibration
' Check belt tension and condition —- replace if needed ° Lubricate per OEM recommendations
Seasonal Inspection (May and October)
- Con?rm fan operation
- Record motor amps and voltage
- Inspect overall condition
- Check starter contacts and electrical connections
- Replace belts and check sheaves
° Lubricate per OEM recommendations

2. Packaged Units - Heat Pumps Operating
Inspection — Heating (Quarterly)
- Test safety controls
- Inspect overall condition,exchanger, burner, combustion and gas pressure ° Con?rm electric heating coil operation
- Record coil amps and voltage
- Record temperature rise at 100°o
- Check belt tension and condition
° Lubricate per OEM recommendations
- Filter changes with HE40 pleated MERV rating 8
- Tighten electrical controls
- Clean and adjust blower components
- Inspect and wash condensers as needed
- Check thermostat setting and calibration
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Operating Inspection — Cooling (Quarterly)
Inspect overall condition
Con?rm DX system operation
Check refrigerant charge and level pressure
Check belt alignments
Check belt tension and condition
Lubricateper OEM recommendations
Inspect condenser coils and evaporator coils
Inspect condensate pans and clean as needed
Clean condensate drains
Filter changes
Inspect and wash condensers as needed
Seasonal Inspection — Heating (May and October)
Inspect overall condition
Service electric heating coil as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connections
Replace belts and check sheaves
Lubricate per OEM recommendations
Seasonal Inspection — Cooling (May and October)
Inspect overall condition
Service DX system as necessary
Calibrate safety and operatingcontrols
Check starter and contacts and electrical connection
Replace s belts and check sheaves
Lubricate per OEM recommendations
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3. Split Systems — Heat Pump Operating
Inspection — Heating (Quarterly)
Inspect overall condition
Con?rm electric heating coil operation
Record coil amps and voltage
Record temperature rise at 100%
Check belt tension and condition
Lubricate per OEM recommendations
Operating Inspection — Cooling (Quarterly)
Inspect overall condition
Confirm DX system operation
Check refrigerant charge
Check belt tension and condition
Lubricate per OEM recommendations
Inspect condenser coils and evaporator coils
Wash condensers as needed
Inspect condensate pans and clean as needed
Seasonal Inspection — Heating (Quarterly)
Inspect overall condition
Service electric heating coil as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connection
Replace belts s and check sheaves
Lubricate per OEM recommendations
Seasonal Inspection — Cooling (Quarterly)
Inspect overall condition
Service DX system as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connection
Replace s belts and check sheaves
Lubricate per OEM recommendations
l C ntracting
a 5200 East La Palma Ave
p 714-777-6111

4. Computer Room Units
Operating Inspection — Cooling (Quarterly)
Inspect overall condition
Confirm DX system or chilled water coil operation
Con?rm humidi?er and reheat coil operation
Clean humidi?er and reheat coil operation
Check voltage drops on load contactors
Tighten electrical connections
Inspect condenser coils and evaporator coils
Wash condensers as needed (twice a year or as needed)
Inspect condensate pans and clean as needed
Check condition of ?lter media and change if needed
Check belt tension and condition
Seasonal Inspection — Cooling (May and October)
Service DX system or chilled water coil as necessary
Service humidi?er and reheat coil as necessary
Calibrate safety and operating controls
Check starter contacts and electrical connections
Replace belts and check sheaves
Lubricate per OEM recommendations
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EXHIBIT D — ROUTINE PREVENTATIVE MAINTENANCE - PUBLIC SAFETY

SERVICE TASKS (HVAC EQUIPMENT LOCATED AT COVINA POLICE

DEPARTMENT)
ROOFTOP PACKAGED AND SPLIT AIR CONDITIONING SYSTEMS:

Quarterly:
0 For rooftop packaged units Replace air ?lters using pleated MERV-8 ?lters 0 General inspection of equipmentfor unusual noises, vibration, or visible leaks 0 Inspect unit exterior and interior compartments for signs of corrosion, damage, leaks, insulatio issues, leaks at refrigerant piping connections (for split systems), and other problems n Verify proper operation of evaporator and condenser fan motors Inspect fan wheels for free rotation, cracks and alignment Inspect fan and motor bearings and lubricate as needed
Check pulley grooves and belts for alignment, wear, tension and adjust as needed; Replace belts as needed
Inspect condition of evaporator and condenser coils and report if cleaning is needed Inspect condition of condensation drain piping and pans and clean as needed Check outdoor air and system temperatures for proper cooling/heating performance Check operationof compressor, solenoid valves, and expansionvalves Check refrigerant charge as needed
Verify operation of reversing valve (for heat pumps)
If applicable, check function of economizer dampers
Inspect wiring and starter contacts for sign of wear, arching, overheating, burns, etc.

Inspect and tighten electrical connections as needed
Inspect and clean air intake screens
Upon completion of maintenance, verify all panels and guards are tightened securely Gas/Electric units (Fall and Winter):
0 Check heat exchanger for cleanliness and signs of deterioration 0 Check operation of gas valves
0 Check operationof combustion fan motor
0 Inspect all burners linkages for secureness and/or damage 0 Inspect condition of burner ?ame
Annually:
0 Chemically clean condenser coils (Spring)
EXHAUST FANS:

Semi-Annually (Spring and Fall):
0 General inspection for cleanliness, corrosion, unusual noises or vibration 0 _~1 ll_ echanica
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a 5200 East La Palma Ave
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Check blower wheel for free rotation and alignment
Lubricate motor and bearings as needed
Check pulley grooves and belts for alignment, wear, tension and adjust as needed Replacebelts as needed
Inspect wiring and starter contracts for sign of wear, arcing, overheating, burns, etc.

Inspect and tighten electrical connections as needed
Verify all panels and guards are tight and secure
GENERAL — ALL MAINTENANCE VISITS:

Report abnormal measurements, trends, or other issues requiring attention, and provid operational,service, and/or repair recommendations as applicable. e BUILDING AUTOMATION SYSTEM MAINTENANCE TASKING (Spring and Fall):

Operators Work Station:

Review system log book (provided) and interview facility representatives and/or system operators to discover any problems, questions, or concerns regarding system operations.

This discussion also provides for a greater training opportunity for the system operator on this system.

Review graphics pages for proper readings. Check for points in alarm conditions.

Review alarm logs, inappropriate values, or unacknowledged alarms. Evaluate, make corrections, and provide recommendationsto operators. Perform support on alarm databas by clearing closed alanns and archiving alarm information. e Perform a complete upload of the system including both parameters and schedules. Check online status of all modules and determine the current version to determine if they are correct.

Perform system diagnostics and perfonn a complete database backup.Make an additional copy of database to be stored both onsite and offsite.

Test reporting alarms (random check or as-needed).

Discuss system enhancement opportunitieswith the facilities manager and primary system operators.

As hardware additions are made and system enhancements are implemented, as-built control drawings will be revised to re?ect the most current installation.

Field DDC System Panel:

Clean all panels of dust, dirt, and debris, etc. that could cause premature failure.

Verify auto status of all H-O-A output switches.

Check all power supply and transformer voltages.

Perform controller self-test and diagnostics.

Go through all module drivers to see if anything is locked in parameters. If so, discuss with the client to determine if a program change is required. .
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Visual inspectionof wiring and tighten all terminationswhich may have vibrated loose.

Review sequence of operations for each piece of equipment with the facility operator to insure the sequence meets the current needs of the facility. Review and verify the DDC Programs meet the intended sequence of operations. If minor changes in programming are required,make these changes as necessary. If extensive changes are requiredto meet th new requirements, make recommendationsto the facility management. e Software Fitness Upgrade Program:

Install software “patches” (average 2 times per year) which are minor releases of current version of your building automation software. These patches will make enhancementsin the performance of the software.

Install the latest “major” release of new building automation software (one time per year) that is reported by the manufacturer’shardware installation.These major release versions will provide additionalfeatures,as well as, major enhancementsto existing features,which will improve system operation and enable the operator to take full advantage of new system changes and technologies. The current version installed at the Covina Police Department facility is WebCTRL 3.0.

Include a Sunbelt Controls DDC technicianto installsoftwareupgrades and perfonn a full system check to verify all functionsand operations for the installation.

Include Remote Support Servicesthroughout the year. City of Covina must provide a Static DSL line for Sunbelt Controls to connect remotely. l Contracting
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND

Basis of pricing:
o The controls upgrade per year is $4,000. Year one of this contract is an additional cost of $9800 due to us upgrading from version 3.0 to version 8.0. Thereafter, the yearly software updates will be $4,000 per year which re?ects in the proposal price laid forth. - This bid has been constructed with the assumption that access to all equipment is availablewithout obstructions.
- If access to equipment is obstructed or requires 2 technicians to perform in maintaining the equipment in an ef?cient manner, those delaysand hours associated willbe tracked and charged separate from the maintenance proposal laid forth.
a A job walk will be requiredto be performed with onsite personnel at the start of this contract before services are performed.
- A new and updatedequipment list will be furnished after the first maintenance service is performed and will be submitted to you within two weeks of completion.This is to ensure that you have the most accurate information available.
o Control Air will provide recommendations on repairs, maintenance services and project replacemen work at each of the locations t in the RFB, upon completionof each maintenance service performed. a If water is not availablefor coil cleaningat each site, we will blow out coil with nitrogen and charge the materialsseparatelyfrom this proposal.

Exclusions: . Unless speci?edin the RFBequipment list provided,all belts are excluded from this proposal. - Overtime is excluded from this proposal.
- Equipment not noted in the equipment list is speci?callyexcluded unless it is apart of a system that i s specifiedin the equipment list. For example,one condensing unit has one fan coil unit. ..llMechanical Contracting
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a 5200 East La Palma Ave
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PROJECTSUMMARY& PRICING
CUSTOMER:CITYOF COVINA
PROJECT: City of Covina Maintenance RFB
TOTAL PROJECTPRICING: $39,357.00
PRICING QUALIFICATION:
- Please see the below terms and conditions for pricing basis - Please see the below list of exclusionsfor pricing basis PROPOSAL LIFE:This proposal is valid for 30 days as of September 27, 2022.

CUSTOMERACCEPTANCE: CONTROLAIR
1 illMechanical Contracting
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By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.

PRINTEDNAME
__jj_ SIGNATURE
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND
DATE
TITLE

The below outlines the TERMS & CONDITIONS for your City of Covina Maintenance RFB.

Allwork covered by this Agreement shall be performed during normal business hours, unless othen/vise stated herein. Control Airshall be allowed suf?cient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.

Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.

Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.

Control Airwill provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first bene?cial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.

Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liabilityshall be limited to the warranties set forth herein.

Control Airshall not be responsible for the corrosive or erosive action of liquids and/or gases upon the speci?ed equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties.

This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.

Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.

Control Airshall not be bound by any plans, speci?cations, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or regulations not in effect at the time this Agreement is executed, or which have become - llMechanica on
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obsolete because they are no longer enforced by the public body enacting same.

Control Airshall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work.

Ifany of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.

Control Air will not perform any extra work, i.e., work not specificallyidentified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.

Allinvoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month willapply until such time as payment is made.

Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within ?ve (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged de?ciency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder.

In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. in the event that Control Airsuspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.

Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs.

Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated othenNise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and 5-F~ llMechanical Contracting
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PROPRIETARY

systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4.

Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, ?ood, windstorm, riot or civilcommotion shall be covered by Customers insurance.

Control Airshall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.

In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and speci?cations or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another.

Except as othen/vise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project. llMechanical Contracting
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Control Air Enterprises, LLC Diversified Thermal Services AirTek Indoor Air Solutions Allison Mechanical, Inc. Air-Bree Heating & A/C Time Period/Assumptions Amount Amount Amount Amount Amount Year 1 (November 1, 2022 to June 30, 2023, Fixed Fee, 8 Months) $49,157.00 $79,467.00 $47,945.00 $51,164.00 $123,783.36 Year 2 (Fixed Fee, 12 Months) $39,357.00 $37,064.00 $47,945.00 $51,164.00 $123,783.36 Year 3 (Fixed Fee, 12 Months) $39,357.00 $37,064.00 $47,945.00 $51,164.00 $123,783.36 Year 4* $40,537.71 $38,175.92 $49,383.35 $52,698.92 $127,496.86 Year 5* $41,753.84 $39,321.20 $50,864.85 $54,279.89 $131,321.77 5-Year Estimated Total Cost $210,162.55 $231,092.12 $244,083.20 $260,470.81 $630,168.71 * Assumes 3% CPI increase for planning purposes; actual amount may vary.

City of Covina
RFB - HVAC Preventative Maintenance & Repairs - Bid Analysis Page 77 of 164 Request for Bid (RFB) for
HVAC Preventative Maintenance and Repairs
Addendum #1
Issued: September 20, 2022
The changes in this Addendum shall be included in the RFB and this Addendum will be part of the RFB documents. All conditions not affected by this Addendum will remain unchanged.

Inquiries:

Question 1: Is the “Software Fitness Upgrade Program” noted on the 67th page of the Covina PM RFP, considered part of the Preventative Maintenance Program? Response 1: Yes, the “Software Fitness Upgrade Program” is considered part of the Preventative Maintenance Program and scope of work.

Question 2: Will you release (make available via download) the Power point presentation used during the pre-bid meeting?
Response 2: The PowerPoint presentation that was used in the pre-bid meeting is attached at the end of this addendum.

Question 3: Is this bidding because the previous five-year contract expired. If so, has the scope of work changed?
Response 3: Bidding for this contract is a direct result of the expiration of the HVAC Preventative Maintenance and Repairs contract.

Question 4: Has the contract changed from the last time it was issued? Response 4: Since the approval of the original contract on November 1, 2017 for a not-to-exceed amount of $116,858.13, there was two subsequent amendments to the contract. The First Amendment to the original contract added to the scope of services by including HVAC maintenance and repair services for HVAC systems located at two additional City facilities (Transitional House and Firehouse Jail Museum) and increased compensation in the amount of $3,628.53 for a new total agreement not-to-exceed $120,486.66. The Second Amendment to

C I T Y O F C O V I N A
125 East College Street ⚫ Covina, California 91723-2199 www.covinaca.gov

the contract added to the scope of services by including HVAC maintenance and repair services for the HVAC system located at the Covina Senior and Community Center and increased compensation in the amount of $22,050 for a new total agreement not-to-exceed $142,536.66.

Question 5: Can/will you disclose the last contract award price? Response 5: The last contract award price was an amount not-to-exceed $142,536.66.

Question 6: Would cleaning of the HVAC units be preferred with just water, chemical, or a combination of water and chemical product?
Response 6: Cleaning of the HVAC units would be preferred with a chemical solution.

Question 7: The pool heater maintenance scope of work is not included, what would the scope of work entail for the unit and how often would it occur? Response 7: The maintenance for the pool heater unit is required “once a year” for water heaters at the Aquatic Center. The frequency for occurrence would be right before summer programs begin. That specific time frame will be given to the successful bidder. Below is the scope of work for the pool heater maintenance and costs would need to be included in Bid Schedule A.

Scope of Work – Pool Heater Maintenance
• Rigorously inspect the heating system and rectify any problems. • Clean and inspect the heat exchanger of the boiler.
• Ensure all boiler connections and wiring is intact.
• Inspect condensate system and clean and flush the system as necessary. • Examine and clean flame sensors, ignitor, and burner assembly. • Scrutinize the venting system for deterioration, corrosion, or blockage to ensure all pipe and joint connections are secure.
• Survey the vent terminations and air inlet to make sure they're unobstructed and clear. • Check control settings, as well as, test safety controls and operating controls.

Question 8: Would preventative maintenance include the cleaning of cobwebs/dust in air ducts, and if so, how often should that occur?
Response 8: Preventative maintenance should include the cleaning of cobwebs and dust in air ducts. The frequency of this maintenance shall be quarterly.

Question 9: It was discussed in the Pre-Bid Meeting that the filter for the unit at the Covina Transitional House needed to be a specialized filter. Can you please elaborate? Response 9: The filter that is needed at the Covina Transitional House must be a MERV-8 AntiMicrobial filter. The size of the filter is a 14x24x1 (inches).

CITY OF COVINA
HVAC Preventative Maintenance and
Repair Services
Pre‐Bid Meeting
September 6, 2022

CITY OF COVINA
Agenda

1. Sign‐In2. Introductions3. Bid Deadlines4. Award Schedule5. Release of Addendum6. Equipment Slides (Roof‐Top Units & Non‐Roof Top Units)7. Adjourn

CITY OF COVINA
Bid Deadlines
• Written Questions Regarding the Bid (No Telephonic
Questions will be accepted).
– No later than 4:00PM on September 13, 2022– Via email – [email protected] • Responses to Questions Submitted Released –
September 20, 2022
• Bid Submittal
– Before 4:00PM on Tuesday, September 27, 2022
• Bid Opening
– Council Chambers, 4:00PM on Tuesday, September 27,
2022

CITY OF COVINA
Award Schedule
Date DescriptionSeptember 27, 2022 Deadline for Bid Submittal/Bid OpeningOctober 3, 2022 Insurance Requirement Submitted to CityOctober 18, 2022 City Council Award of Bid/ContractOctober 25, 2022 Notice to ProceedNovember 1, 2022 Contract Term Begins

CITY OF COVINA
Addendum – Response to Questions
• Release Addendum ‐ September 20, 2022
– Posted to City Website
• www.covinaca.gov/rfps
– Email all those in attendance at Pre‐Bid meeting

CITY OF COVINA
Roof‐Top Equipment
City Hall – First Floor/Finance125 E. College Avenue

CITY OF COVINA
Roof‐Top Equipment
City Hall – Computer Room  125 E. College Avenue

CITY OF COVINA
Roof‐Top Equipment
City Hall – Annex – Engineering Division125 E. College Avenue

CITY OF COVINA
Roof‐Top Equipment
City Hall –First Floor/City Clerk’s Office125 E. College Avenue

CITY OF COVINA
Roof‐Top Equipment
City Hall – AV Room 125 E. College Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard – Training Room534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard – Building A ‐ 3 units534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard –534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard –534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard –534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard –534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
City Yard –534 N. Barranca Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Library –234 N. Second Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Library –234 N. Second Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Library –234 N. Second Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Library –234 N. Second Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Park ‐ Recreation Hall301 N. Fourth Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Police Department –Computer Room444 N. Citrus Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Police Department –444 N. Citrus Avenue
Telephone/Computer/Basement  and Dispatch Units

CITY OF COVINA
Roof‐Top Equipment
Covina Police Department –444 N. Citrus Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Police Department –444 N. Citrus Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Police Department –Jail Unit 444 N. Citrus Avenue

CITY OF COVINA
Roof‐Top Equipment
Bike Hub –600 N. Citrus Avenue

CITY OF COVINA
Roof‐Top Equipment
Covina Senior & Community Center815 N. Barranca Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Teen Center –301 N. Fourth Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Parks and Recreation Office1250 N. Hollenbeck Avenue

CITY OF COVINA
Attic Equipment
Cougar Park –Citrus Avenue & E. Navilla Place

CITY OF COVINA
Non Roof‐Top Equipment
Covina Park –Swimming Pool Heater301 N. Fourth Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Covina Park –Swimming Pool Heater  301 N. Fourth Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Metrolink Parking Lot –Restroom ‐600 N. Citrus Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Guard Shack ‐600 N. Citrus Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Metrolink Parking Structure –Storage Room ‐599 N. Citrus Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Metrolink Parking Structure –Electric Room ‐599 N. Citrus Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Metrolink Parking Structure –Elevator Room ‐599 N. Citrus Avenue

CITY OF COVINA
Non Roof‐Top Equipment
Downtown Parking Structure –Electric Room ‐124 E. College Street

CITY OF COVINA
Non Roof‐Top Equipment
Downtown Parking Structure –Elevator Room ‐124 E. College Street

CITY OF COVINA
Non‐Roof‐Top Equipment
Forestdale Reservoir –Forestdale Street/Ruddock

CITY OF COVINA
Non‐Roof‐Top Equipment
McGill Transitional HouseAddress – To Be Given

CITY OF COVINA
Non‐Roof‐Top Equipment
McGill Transitional HouseAddress – To Be Given

CITY OF COVINA
Thank you for Attending
Reminder Bids Are Due – Tuesday, September 27,
2022
To the City Clerk’s Office Before 4:00PM.

NIB Questions – Via Email to
[email protected]
Before 4:00PM on Tuesday, September 13, 2022

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated November 1, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Control Air Enterprises, LLC, a limited liability company (“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 routine, extraordinary, and emergency HVAC maintenance and repairs for all City-owned and operated HVAC Systems at various City facilities.

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, 2027, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one-year terms. In no event shall this Agreement be extended beyond June 30, 2029

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant an amount not-to-exceed Forty-Nine Thousand One Hundred Fifty-Seven Dollars ($49,157) in FY 2022-23, Thirty-Nine Thousand Three-Hundred Fifty-Seven Dollars ($39,357) in FY 2023-2024, Thirty-Nine Thousand Three-Hundred FiftySeven Dollars ($39,357) in FY 2024-2025, Forty Thousand Five-Hundred Thirty-Seven Dollars and Seventy-One Cents ($40,537.71) in FY 2025-26 (Assumes a 3% CPI increase on the anniversary date of the agreement), Forty-One Thousand Seven-Hundred Fifty-Three Dollars and Eighty-Four Centers ($41,753.84) in FY 2026-27 (Assumes a 3% CPI Increase on the anniversary date of the agreement). The total amount not-to-exceed the contract term shall be Two Hundred Ten Thousand One-Hundred Sixty-Two Dollars and Fifty-Five Cents ($210,162.55) (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. Extraordinary Maintenance and Emergency Repair Services (Contingency Services). The City Manager is hereby authorized to approve additional extraordinary maintenance and emergency repair services up to $24,999 per fiscal year as approved by the City Council. Any additional work in excess of $24,999 per fiscal year shall require City Council

approval. Any additional services or expenses authorized by the City Manager and/or 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.

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.

D. 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.

A. Scope of Services. Consultant shall perform the services described in the Scope of Service, attached as Exhibit B. City may request, in writing, changes in the scope of service 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 Consultant Representative shall be Scott Havrisik, Director of Service (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’sservices under this Agreement. Consultantshall 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.

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 HVAC maintenance and repair services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

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.

H. Best Management Practices. Consultant’s shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Park VIII.A.3 (Municipal Employee and Contractor Training) and Park VIII.H.3.d (which also requires compliance with Part VIII.H.3.a and b) of the Municipal NPDES Permit No. CAS004004. Consultant’s staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The Consultant shall annually certify they have received all applicable training to implement the requirements in Part VIII.A.3 and Part VIII.H.3.d of the Municipal NPDES Permit No.

CAS004004 and shall provide documentation to the City to that effect on an annual basis.

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.

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’s 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.

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 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 7 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 8 into any subcontract that Consultant 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, 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.

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 A. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 9 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 9, 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 9 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.

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 10. 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.

B. Acceptability of Insurers. The insurance policies required under this Section 10 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 10.

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 10 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 insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 10 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.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 10 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 10 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 10 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 10, 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 10. 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’sliability or as full performance of Consultant’s duty to indemnify City under Section 9 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 10.

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. Consultantshall 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.

A. Right to Terminate or Suspend for Cause. If Consultant violates any of the provisions of this Agreement or fails to properly provide the services required by this Agreement to the satisfaction of the City, the City shall provide to the Consultant a written Notice to Cure the specific deficiencies and shall allow a reasonable cure period of sixty (60) calendar days (unless another cure period is otherwise agreed to in writing by both parties) to cure and correct these deficiencies to the City’s satisfaction. In the event Consultant fails to correct the deficiencies in the allotted cure period, the City shall have the right to terminate this Agreement with thirty (30)

calendar days’ written notice to the Consultant. The effective date of the termination of the Agreement pursuant to this subsection A shall be the 31st day after the date of the written notice of termination.

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: Raphael Guillen Attn: Scott Havrisik
Public Works Manager Director of Service
City of Covina Control Air Enterprises, LLC
125 E. College Street| 5200 E. La Palma Ave
Covina, California 91723 Anaheim, CA 92807

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, 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 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, “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 9, 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.

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, and C 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. 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.

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.

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. 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]
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: Evelyn Leach
Title: Interim Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney
Consultant:

Control Air Enterprises, LLC
a Limited Liability Company
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.)

EXHIBIT A

APPROVED FEE SCHEDULE

EXHIBIT B

SCOPE OF SERVICE
SECTION II – SCOPE OF SERVICE

1. Scope of Service
The City of Covina requests bid proposals for qualified HVAC preventative maintenance and repair services to be performed at various City facilities in accordance with the terms and conditions set forth in this RFB. The service consists of routine preventative maintenance, extraordinary maintenance, and emergency repairs of HVAC systems for locations that are the responsibility of the City and in accordance with Exhibits A (Service Locations), Exhibit B (Equipment List), Exhibit C (Routine Preventative Maintenance – Non-Public Safety Service Tasks), Exhibit D (Routine Preventative Maintenance – Public Safety Service Tasks), Exhibit E (Extraordinary Maintenance), and Exhibit F (Emergency Repairs) in Section IV of this solicitation.

Maintenance and repairs shall be extended to include all future service installations at the rates set forth in the Contract and the Contractor may be required to assist in the final inspection of such future service installations. The Contractor is to furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all services necessary to maintain the HVAC systems covered by the Contract.

2.1 Equipment
The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, traffic control, skilled labor services, and materials, etc. to perform all services necessary to maintain in good working order all HVAC systems at the locations defined in this Scope of Service. All services performed or equipment, parts, or materials supplied shall be subject to the inspection and approval of the Director of Public Works, or designee thereof.

2.2 Additions and Deletions to System
The Contractor shall maintain additional HVAC systems as they are installed or become part of the maintenance requirements immediately upon written notification by the Director of Public Works, or designee thereof. Such additional systems shall be maintained at the same rates as stipulated in the Contract. In the event that maintenance of a new system commences at other than the beginning of the monthly period, the rates for routine preventative maintenance services shall be prorated from the date maintenance commences.

The City may, at its sole discretion, eliminate systems from the Contract. The Contractor shall be notified of such deletions in writing. Such deleted systems shall decrease the invoice at the same rate as specified in the Contract. In the event that maintenance of a new system ceases at other than the beginning of the monthly period, the rate for routine preventative maintenance services shall be prorated from the date the Contractor was notified.

2.3 Request for Service Outside of Normal Hours
The Contractor should expect service requests outside of the Contractor’s normal working hours.

These service requests may be given by telephone, email, written correspondence, or other means for reporting system-related problems, damages, and emergencies. The Contractor shall maintain a local or toll-free telephone number where the Contractor can be reached twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year, in order to effectively address and respond to both routine and emergency service requests. The telephone number is to be made available to the Director of Public Works or designee thereof, and the City of Covina Police Department. All requests shall be addressed by an appropriate timely response as outlined in this Scope of Service.

2.4 Response Criteria for Emergency Routine Services
The Contractor must ascertain whether service requests are of an “emergency” nature requiring an immediate response or whether the request is general in nature requiring routine response.

Requests deemed to be “emergencies” shall be responded to immediately with all possible haste, arriving at the service location within one (1) hour of first notification. Routine requests shall be responded to within four (4) hours of first notification unless the Director of Public Works or designee thereof agrees upon other arrangements.

The following events shall establish an emergency condition and the following actions shall be taken:
a. Events: Failure or malfunction of the HVAC system, or interruption of normal operations so as to create a public health hazard or endanger essential computer/communications equipment. This may be caused by damage from accidents, acts of nature, civil disorder, malicious mischief, vandalism, or actions of other contractors or utility companies.
b. Actions: Under the conditions stated above, the Contractor shall immediately restore the system to normal operations. If that is not possible due to the extent of damage, sufficient repairs shall be made to circulate air.

2.5 Notification
The Contractor shall notify the Director of Public Works or designee thereof of the repairs made or alteration to the operation of any system. During normal business hours of the City, notification by telephone and email shall be made within one (1) hour of such change. Within five (5) calendar days after completion of this examination, the Contractor shall submit, in writing, a report summarizing the results of the examination and inspection to the Director of Public Works or designee thereof. All written correspondence shall be addressed to the Director of Public Works, City of Covina, 534 North Barranca Avenue, Covina, CA 91723.

The Contractor shall call and confirm via email the morning of each day any extraordinary maintenance that is directed to take place during that day. The Contractor shall notify the Director of Public Works or designee thereof of the proposed maintenance specifying the type of maintenance, location, and the approximate time of day that repairs are to occur. If services are commenced without obtaining approval from the City, payment will not be made until City staff can inspect the services.

For emergency call-outs during normal and non-business hours of the City, notification by text, email, or telephone response (if emergency escalates) upon receipt of the call-out by the City Representative and at the completion of emergency services performed to the Director of Public Works or designee thereof. Within five (5) calendar days after completion of these services, the Contractor shall submit, in writing, a report summarizing the emergency services conducted to the Director of Public Works or designee thereof. The emergency services completed shall also be included in the maintenance records of the service location maintained by the Contractor.

These results shall also be placed in the maintenance records of the service location maintained by the Contractor.

2.6 Maintenance Records
The Contractor shall keep a current, permanent operational record of all services performed at a service location, including, but not limited to, routine maintenance, service calls and extraordinary maintenance, for each and every piece of equipment that the Contractor is required to maintain by this Contract. These records shall be kept at each maintained location on a form approved by the City. A copy of such record shall be provided within two (2) calendar days upon request of the Director of Public Works or designee thereof. The form shall include, at a minimum, the date, time, description of device including all model, part or serial numbers, narrative of deficiencies encountered, and a detail of any and all corrective action(s) taken.

Entries shall be made legibly in indelible ink and shall be initialed by the technician making the entry.

2.7 Monthly Maintenance Reports
The Contractor shall develop a monthly summary report in cooperation with the City to be submitted with the monthly invoice. This monthly summary report shall itemize all activities relating to HVAC system maintenance for each maintained location. The summary report shall list the maintenance history of the entire reporting period for each individual location and any deficiencies found, including arrival and departure times, dates and addresses of the repairs, service personnel dispatched, types or repairs made, and all materials and equipment used for each day worked. The summary report shall be submitted to the City within ten (10) calendar days following the end of the month of the reporting period. Invoices will not be paid until the summary report has been reviewed. In addition to the hard copy, the report shall also be submitted electronically in a standard format (i.e. MS Word or MS Excel).

The following information shall be legible, and at a minimum, is required for each location:
a. Location by facility name and address;
b. Date and time a call was received and the first and last name of the caller or self-initiated; c. Date and time the Contractor’s personnel and equipment arrived at the scene; d. Date and time the job was completed;
e. Nature of the malfunction, if any, and a description of the action taken by the technician; and
f. Contractor notation of routine, extraordinary, or additional services (including emergency services).

The Contractor shall comply with all requests for reporting. The format of the reports shall be per the City’s discretion. All records are the property of the City and at the termination of the Contract shall be delivered to the City. An inventory of all City HVAC equipment at each location shall be completed and submitted to the City within thirty (30) days of the Notice to Proceed.

2.8 Salvaged or Damaged Equipment and Ownership
Ownership of all materials existing and incorporated in the services is vested in the City.

Salvaged or damaged equipment shall become the property of the Contractor, unless otherwise directed by the City. Contractor is responsible for the proper disposal and recycling of such material.

2.9 Warranty Service
The Contractor shall guarantee all services against defective material or workmanship for a period of one (1) year from date of completion of the services. Damage due to accidents, acts of nature, and service power surges, including those from sabotage and/or vandalism, are exempt from the guarantee.

When defective material and/or workmanship is discovered which require repairs to be made under the guarantee, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fail to repair such defective material and/or workmanship within five (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, if the Contractor is unable to respond, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the Contract specifications.

During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

2.10 Maintenance Operations
Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to facility occupants and neighboring properties. Convenient access to driveways and buildings shall be maintained in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day’s work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from areas dedicated for use by public traffic.

The Contractor shall furnish all flagmen, barricades, barriers, lights, signs and any other device which may be necessary for adequate and safe traffic control.

The Contractor shall provide unobstructed access to all fire hydrants at all times except as otherwise approved by the Director of Public Works, or designee thereof.

Failure to provide adequate safety devices, as directed by the Director of Public Works or designee thereof, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost. The City shall be entitled to offset any costs incurred against the Contractor’s invoice.

All costs for traffic control shall be included in the rates for the various items in Bid Schedule A and no additional compensation will be allowed.

2.11 Best Management Practices (BMPs)
In order to ensure a minimum level of water quality control is employed, the Contractor shall effectively implement and maintain appropriate BMPs and shall comply with the following requirements:
a. Rinsewater generated from maintenance activities shall not be discharged to the storm drain system or receiving waters;
b. Rinsewater generated on the project site shall be contained within the project site using appropriate BMPs; and
c. Non-storm water runoff from equipment washing, or any other activity shall be contained within the project site using appropriate BMPs.

Water pollution control work shall conform to the requirements of the latest edition of the California Stormwater BMP Handbook and addenda thereto issued up to and including the date of advertisement of the Project. The material in the BMP Handbook is also available online at cabmphandbooks.com. The Contractor shall become fully knowledgeable and fully comply with the applicable provisions of the BMP Manual, Permits, and Federal, State, and local regulations that govern the Contractor’s operations as they relate to storm water discharges from the project site.

Full compensation for the implementation of BMPs, including construction, deployment, maintenance, removal, and furnishing of all necessary labor, equipment, materials, and all other related costs shall be considered as included in the rates for the various items in Bid Schedule A and no additional compensation shall be allowed.

2.12 Damage
Adjacent improvements, such as street pavement, curbs, gutters, sidewalks, sprinklers, roof structures, facades, parapets, and driveways, damaged as a result of the Contractor’s operations shall be repaired in a timely fashion at the Contractor’s sole expense to the satisfaction of the Director of Public Works, or designee thereof.

2.13 Sound and Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any services performed pursuant to the Contract.

2.14 Types of Systems
The rates bid for both the routine and extraordinary maintenance shall apply to all types of HVAC systems as may exist in the covered facilities now or that may be installed during the life of the Contract.

2.15 Meetings
The Contractor may be requested to attend/participate in meetings with City staff by the Director of Public Works, or designee thereof. These meetings will be held for the purpose of discussing Contract provisions, problems and/or issues and ensuring that the services are proceeding as per the Contract. Full compensation for attending these meetings shall be considered as included in the rates in Bid Schedule A for the various items and no additional compensation shall be allowed.

2.16 Estimate of Quantities
The quantities shown in the Contract shall be considered as approximate only, being listed therein as a basis for the comparison of bids. The Director of Public Works, or designee thereof, does not guarantee or agree, either expressly or by implication, that the actual amounts required would

correspond therewith. The Director of Public Works, or designee thereof, reserves the right to increase or decrease the amount of any item or portion of services or material to be performed or furnished, or to omit any such item or portion, in accordance with the provisions relative thereto set forth in this Scope of Service.

2.17 Routine Preventative Maintenance
The Contractor shall provide a program of routine preventative maintenance designed to eliminate or reduce the incidents of malfunction and extend the useful life of the equipment. The program, the cost of which is specified in the Contract unit price for HVAC systems, shall include, but not be limited to, all equipment, labor, and materials required to complete all necessary routine preventative maintenance and no additional compensation shall be given to complete those tasks.

2.18 Additional Services Not Listed in Scope of Service At times, it will be necessary for the Contractor to perform additional services above and beyond the routine and extraordinary maintenance services specified by this Scope of Service. The Contractor shall supply a scope of service and a cost estimate to the Director of Public Works Director or designee thereof, for services to be performed in these cases. Prior to commencement of extra work, Contractor must receive written authorization from the City. Billing for such additional services shall reflect the labor rates, actual hours worked, equipment, and materials supplied. The Contractor’s invoice for additional services shall indicate:
a. Work order number, person giving authorization and date of services; b. Contractor’s invoiced material;
c. Contractor’s labor charge;
d. Contractor’s equipment charge;
e. Description of services completed and location of work; and f. Salvage credit (if none, so state).

The City will compensate the Contractor for such additional services based on the verified invoice cost of materials, equipment, and labor, plus markup.

The Contractor shall be available to assist with inspection of new installations when requested by the City on a per hour rate for Contractor’s personnel present at the inspection.

Additional services include items not listed in this Scope of Service, Exhibits C and D of Section IV of this solicitation (Routine Preventative Maintenance), Exhibit E of Section IV of this

solicitation (Extraordinary Maintenance) and Exhibit F of Section IV of this solicitation (Emergency Repairs), and may include items such as, but not limited to, the following:
a. Furnish and install replacement package units;
b. Furnish and install replacement control systems and panels; c. Furnish and install replacement thermostats;
d. Furnish and install replacement electrical breaker panels; e. Furnish and install replacement pumps, motors, compressors, evaporator coils, and valves;
f. Emergency call-out response; and
g. Furnish and install other HVAC equipment as requested by the Director of Public Works or designee thereof.

Additional services, except for emergency repairs as provided for in this Scope of Service shall require prior written authorization from the Director of Public Works or designee thereof. In situations requiring immediate response, verbal authorization from the Director of Public Works or designee thereof is sufficient; followed by written authorization.

Upon receipt of an itemized invoice within thirty (30) days of completion of services, the City shall compensate the Contractor for additional services, including labor, material, equipment, and markup. The material markup for the Contractor shall not exceed fifteen percent (15%) of the supplier’s invoice price (cost). In the event a negotiated price cannot be reached, the City reserves the right to repair and/or solicit quotations or invite bids and award services to any contractor to perform such additional services.

2.19 Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the services.

2.20 Permits, Licenses and Inspections
The Contractor shall have at least a Class “C 20” license at the time of awarding of the Contract.

The Contractor and all its subcontractors shall obtain and pay for a City business license from the City prior to the commencement of services. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. All services performed, or equipment or parts supplied by the

Contractor, shall be subject to inspections and approval of the Director of Public Works, or designee thereof.

SECTION IV – EXHIBITS
EXHIBIT A – SERVICE LOCATIONS

CITY FACILITY ADDRESS

1. Covina City Hall including Firehouse
Jail Museum
125 E. College Street

2. Covina City Yard 534 N. Barranca Avenue

3. Covina Police Department 444 N. Citrus Avenue

4. Forestdale Reservoir Forestdale St/Ruddock

5. Covina Library 234 N. Second Avenue

6. Recreation Offices 1250 N. Hollenbeck Avenue

7. Teen Center 301 N. Fourth Avenue

8. Cougar Park Citrus Avenue and E. Navilla Place

9. Recreation Hall and Swimming Pool at
Covina Park
301 N. Fourth Avenue

10. Covina Senior & Community Center 815 N. Barranca Avenue

11. Metrolink Restrooms 600 N. Citrus Avenue

12. Metrolink Guard Shack 600 N. Citrus Avenue

13. Metrolink Parking Structure Storage
Room
559 N. Citrus Avenue

14. Metrolink Parking Electric Room 559 N. Citrus Avenue

15. Metrolink Parking Elevator Room 559 N. Citrus Avenue

16. Downtown Parking Structure Electrical
Room
124 E. College Street

17. Downtown Parking Structure Elevator
Room
124 E. College Street

18. Covina Senior & Community Center 815 N. Barranca Avenue

19. Covina Transitional House Confidential – Given once Contract Awarded

EXHIBIT B – EQUIPMENT LIST

Amended Equipment List (8/25/2022)
Unit # Description Tons Model Voltage Serial # Phase Air Filter Belt Air Handler Description Model# Serial# Exhaust Fans City Hall - 125 E. College Street
North Side Annex-Condenser#4 Carrier 7.5 38AQS008-501 208/230V 419G00122 3 (3) 16x25x1 A33 Air Handler#4 Lennox CBH17_95V-1 Condensor#5 Carrier 3 38YCC036520 208/230V 2999E28998 3 (1) 25x25x1 L480 Air Handler#5 Lennox CBH17_95V-1 South Side Annex-Condenser#3 Carrier 7.5 38AQS008-501 208/230V 4299G0031 3 (2) 25x25x1 A33 Air Handler Lennox CBH17_95V-1 Council Chambers - Condenser#1 Carrier 7.5 38MVC009-100 115V/1HP 1709V28511 3 (2) Washable Air Filters Indoor Unit Mofd#40MVC Computer Room - Condenser 3 N2A335AKB200 208/230V E084214140 1 (1) 20x20x1 First Floor-Unit#6 Carrier 5 36YCC060520 208/230V 0500E00313 3 Air Handler Lennox 50HJ8016-500QA Unit#7 All of Second Floor Package Unit Carrier 15 50HJ8016_500QA 3 (4) 20x20x2
(4) 16x20x1 B48
Unit#8 First Floor Condenser Carrier 10 38AQS012_530 (3) 20x25x1 A34 Air Handler Lennox CB17-135V-1 Unit #1 Trane Package Unit Heat Pump 5 RJKA-A060CM000 208/230V R15102467D 3 (2) 20X25X1 D.D.

Unit #2 Rheem Package Unit Heat Pump 5 RJKA-A060CM000 208/230V 5581F369711614 1 (2) 20X25X1 A-40 Unit #3 Bryant R410A Heat Pump 4 RJKA-A060CM000 208/230V 604DPX048000AA 1 (2) 20X25X1 D.D.

Unit #4 Trane Package Unit Heat Pump 5 3WCH060C300BD 208/230V R16103306D 3 (2) 20X25X1 D.D.

Unit #5 Trane Package Unit Heat Pump 5 WCH060C300BD 208/230V R15101470D 3 (2) 20X25X1 D.D.

Unit #6 Trane Package Unit Heat Pump 5 WCH060C300BD 208/230V R16101518D 3 (2) 20X25X1 D.D.

Unit #7 Trane Package Unit Heat Pump 5 WCH060C300BD 208/230V RI7101455D 3 (2) 20X25X1 D.D.

Library Unit #1 Trane RAUJC254BB0300D000009 460V C11J05423 20X25X2 Library Unit #2 Trane RAUJC254BB0300D000009 ICP Model #RH5090410CA Library Unit #3 Trane RAUJC254BB0300D000009
Teen Center - Unit #1 Carrier 4 T2TTB3048A1000AA 200/230 82357984F 1 16X25X1 Teen Center - Unit #2 Carrier 3 T2TTB3048A1000AA 81541CNB3F 1 Recreation Office Carrier 4296E18001 208/230 38CKB060500 1 16X25X1 Cougar Park York LX YHJF48S41S5A (2 UNITS) 208/230 W1F4799763 1 Gas Fired Hot Water Boiler
Swimming Pool at Covina Park
Mighty Therm Teledyne Laars
(2 UNITS) O-2100A-BEDRDEA
C96C01374
9704139600\
Recreation Hall at Covina Park Trane Gas/Electric Package Unit 10 TYSC120A3ELA390000 208/230 835102510L 1 Senior Center LG Multi V5 - "PIC" 16 ARUM192DTE5 460V 809KCXM09M82 3 Senior Center LG Multi V5 - "PIC" 16 ARUM192DTE5 460V 809KCHE09R29 3 Gun Shooting Range-Exhaust Fan Greenheck LBE 130 4 115V 322411 (12)24x24x2 3L360 Gun Range Ares SH-3 120V A3458 (6) 18x20x2
Unit#1 Carrier 40 48A3D040-Q-62AHH 460V 0715u45302 3
Mixed Air Filters
(10)20x24x2
(5) 20x20x4
(5) 20x20x4
Outdoor Air Filters
(8) 16x25x2
(4) 20x25x2
(2) 5VX530
(2) 5VX550
(2) 5VX590
Unit#2 Carrier 40 48A3D040-Q-2AHH 460V 0715u45303 3
Mixed Air Filters
(10)20x24x2
(5) 20x20x4
(5) 20x20x4
Outdoor Air Filters
(8) 16x25x2
(4) 20x25x2
(2) 5VX530
(2) 5VX550
(2) 5VX590
Unit#3 Carrier Split System 2 Condenser 38YRA024320 49999E04306 N/A Unit#4 Carrier Split System 2 Condenser 38YRA024320 2899E01576 N/A Unit#5 Computer Room Mini Split System LG 2 LS-K2430CL 200/208V 1 N/A Telephone Computer Basement 16x25x1 Washable Filter N/A Public Works Department, City Yard - 534 N. Barranca Avenue Parks and Recreation Department (Various Locations)
Police Department - 444 N. Citrus Avenue Page 152 of 164 Amended Equipment List (8/25/2022)
Unit # Description Tons Model Voltage Serial # Phase Air Filter Belt Air Handler Description Model# Serial# Exhaust Fans Dispatch Carrier 16x25x1 Washable Filter NA
Bike Hub (Trailer Unit) Coleman
Metrolink Restroom GE Unit 14300btu AZ41E5DABM3 208-230V HF369312 1 Washable N/A Metrolink Guard Shack GE Window Unit 11800btu AJEQ12DCEW1 208-230V FD226044 1 Washable N/A Metrolink Parking Storage Room LG Window Unit 18000btu LWHD1800RY7 208-230 812TAPE00800 1 Washable N/A Metrolink Parking Electric Room LG Window Unit 18000btu LWHD1800RY7 208-230 812TARU00942 1 Washable N/A Metrolink Parking Elevator Room LG Window Unit 18000btu LWHD1800RY7 208-230 711TARU01958 1 Washable N/A Downtown Parking Electric Room PTEE Unit 12000btu PTEE1201VAA 208-230 FO6G12345E 1 Washable N/A Downtown Parking Elevator Room COMPU-AIR package unit 2 MKA 232 E 208 MK08-002-4734 3 20X20X2 Forestdale Reservoir Pfannenberg (12,000 BTU) DTS3265 460V S1703089037 3 N/A N/A Transitional House - Unit #1 Goodman CKL 60-1 208-230 0210469824 1 Transitional House - Unit #2 Daikin 1.5 FTXS18LVJU 208-230 1 Washable N/A N/A Firehouse Jail Museum Carrier 663CJ060-E 208-230 2303E39322 1 Other City Properties
Transportation Division (Various Locations)
Water Division Page 153 of 164
EXHIBIT C – ROUTINE PREVENTATIVE MAINTENANCE - NON-PUBLIC SAFETY

SERVICE TASKS (HVAC EQUIPMENT LOCATED AT CITY YARD, CITY HALL,

PARKING STRUCTURES AND LOTS, LIBRARY, AND PARKS FACILITIES) Inspection and service for each unit once every three (3) months. The Contractor shall provide the labor, equipment, and material to perform the complete list of services. The list of services is meant as representative only and not meant to be considered as complete or restrictive, in nature.

Additional activities as determined by the Contractor, to be recommended, shall be included.

1. Exhaust Fans
Operating Inspection (Quarterly)
• Confirm fan operation
• Record motor amps and voltage
• Inspect overall condition
• Check bearing temperature
• Check blower wheels for balance and vibration
• Check belt tension and condition – replace if needed
• Lubricate per OEM recommendations
Seasonal Inspection (May and October)
• Confirm fan operation
• Record motor amps and voltage
• Inspect overall condition
• Check starter contacts and electrical connections
• Replace belts and check sheaves
• Lubricate per OEM recommendations

2. Packaged Units – Heat Pumps
Operating Inspection – Heating (Quarterly)
• Test safety controls
• Inspect overall condition, exchanger, burner, combustion and gas pressure • Confirm electric heating coil operation
• Record coil amps and voltage
• Record temperature rise at 100%
• Check belt tension and condition
• Lubricate per OEM recommendations
• Filter changes with HE40 pleated MERV rating 8
• Tighten electrical controls
• Clean and adjust blower components
• Inspect and wash condensers as needed
• Check thermostat setting and calibration

Operating Inspection – Cooling (Quarterly)
• Inspect overall condition
• Confirm DX system operation
• Check refrigerant charge and level pressure
• Check belt alignments
• Check belt tension and condition
• Lubricate per OEM recommendations
• Inspect condenser coils and evaporator coils
• Inspect condensate pans and clean as needed
• Clean condensate drains
• Filter changes
• Inspect and wash condensers as needed
Seasonal Inspection – Heating (May and October)
• Inspect overall condition
• Service electric heating coil as necessary
• Calibrate safety and operating controls
• Check starter contacts and electrical connections
• Replace belts and check sheaves
• Lubricate per OEM recommendations
Seasonal Inspection – Cooling (May and October)
• Inspect overall condition
• Service DX system as necessary
• Calibrate safety and operating controls
• Check starter and contacts and electrical connections • Replace belts and check sheaves
• Lubricate per OEM recommendations

3. Split Systems – Heat Pump
Operating Inspection – Heating (Quarterly)
• Inspect overall condition
• Confirm electric heating coil operation
• Record coil amps and voltage
• Record temperature rise at 100%
• Check belt tension and condition
• Lubricate per OEM recommendations
Operating Inspection – Cooling (Quarterly)
• Inspect overall condition
• Confirm DX system operation

• Check refrigerant charge
• Check belt tension and condition
• Lubricate per OEM recommendations
• Inspect condenser coils and evaporator coils
• Wash condensers as needed
• Inspect condensate pans and clean as needed
Seasonal Inspection – Heating (Quarterly)
• Inspect overall condition
• Service electric heating coil as necessary
• Calibrate safety and operating controls
• Check starter contacts and electrical connections
• Replace belts and check sheaves
• Lubricate per OEM recommendations
Seasonal Inspection – Cooling (Quarterly)
• Inspect overall condition
• Service DX system as necessary
• Calibrate safety and operating controls
• Check starter contacts and electrical connections
• Replace belts and check sheaves
• Lubricate per OEM recommendations

4. Computer Room Units
Operating Inspection – Cooling (Quarterly)
• Inspect overall condition
• Confirm DX system or chilled water coil operation
• Confirm humidifier and reheat coil operation
• Clean humidifier and reheat coil operation
• Check voltage drops on load contactors
• Tighten electrical connections
• Inspect condenser coils and evaporator coils
• Wash condensers as needed (twice a year or as needed) • Inspect condensate pans and clean as needed
• Check condition of filter media and change if needed
• Check belt tension and condition
Seasonal Inspection – Cooling (May and October)
• Service DX system or chilled water coil as necessary
• Service humidifier and reheat coil as necessary
• Calibrate safety and operating controls

• Check starter contacts and electrical connections
• Replace belts and check sheaves
• Lubricate per OEM recommendations

EXHIBIT D – ROUTINE PREVENTATIVE MAINTENANCE - PUBLIC SAFETY

SERVICE TASKS (HVAC EQUIPMENT LOCATED AT COVINA POLICE

DEPARTMENT)
ROOFTOP PACKAGED AND SPLIT AIR CONDITIONING SYSTEMS:

Quarterly:
• For rooftop packaged units: Replace air filters using pleated MERV-8 filters • General inspection of equipment for unusual noises, vibration, or visible leaks • Inspect unit exterior and interior compartments for signs of corrosion, damage, leaks, insulation issues, leaks at refrigerant piping connections (for split systems), and other problems
• Verify proper operation of evaporator and condenser fan motors • Inspect fan wheels for free rotation, cracks and alignment • Inspect fan and motor bearings and lubricate as needed • Check pulley grooves and belts for alignment, wear, tension and adjust as needed; • Replace belts as needed
• Inspect condition of evaporator and condenser coils and report if cleaning is needed • Inspect condition of condensation drain piping and pans and clean as needed • Check outdoor air and system temperatures for proper cooling/heating performance • Check operation of compressor, solenoid valves, and expansion valves • Check refrigerant charge as needed
• Verify operation of reversing valve (for heat pumps)
• If applicable, check function of economizer dampers
• Inspect wiring and starter contacts for sign of wear, arching, overheating, burns, etc. • Inspect and tighten electrical connections as needed
• Inspect and clean air intake screens
• Upon completion of maintenance, verify all panels and guards are tightened securely Gas/Electric units (Fall and Winter):
• Check heat exchanger for cleanliness and signs of deterioration • Check operation of gas valves
• Check operation of combustion fan motor
• Inspect all burners linkages for secureness and/or damage • Inspect condition of burner flame
Annually:
• Chemically clean condenser coils (Spring)
EXHAUST FANS:

Semi-Annually (Spring and Fall):
• General inspection for cleanliness, corrosion, unusual noises or vibration • Check for leaks at duct connections

• Check blower wheel for free rotation and alignment
• Lubricate motor and bearings as needed
• Check pulley grooves and belts for alignment, wear, tension and adjust as needed • Replace belts as needed
• Inspect wiring and starter contracts for sign of wear, arcing, overheating, burns, etc. • Inspect and tighten electrical connections as needed
• Verify all panels and guards are tight and secure
GENERAL – ALL MAINTENANCE VISITS:

Report abnormal measurements, trends, or other issues requiring attention, and provide operational, service, and/or repair recommendations as applicable.

BUILDING AUTOMATION SYSTEM MAINTENANCE TASKING (Spring and Fall):

Operators Work Station:
• Review system log book (provided) and interview facility representatives and/or system operators to discover any problems, questions, or concerns regarding system operations.

This discussion also provides for a greater training opportunity for the system operator on this system.
• Review graphics pages for proper readings. Check for points in alarm conditions. • Review alarm logs, inappropriate values, or unacknowledged alarms. Evaluate, make corrections, and provide recommendations to operators. Perform support on alarm database by clearing closed alarms and archiving alarm information. • Perform a complete upload of the system including both parameters and schedules. Check online status of all modules and determine the current version to determine if they are correct.
• Perform system diagnostics and perform a complete database backup. Make an additional copy of database to be stored both onsite and offsite.
• Test reporting alarms (random check or as-needed).
• Discuss system enhancement opportunities with the facilities manager and primary system operators.
• As hardware additions are made and system enhancements are implemented, as-built control drawings will be revised to reflect the most current installation.

Field DDC System Panel:
• Clean all panels of dust, dirt, and debris, etc. that could cause premature failure. • Verify auto status of all H-O-A output switches.
• Check all power supply and transformer voltages.
• Perform controller self-test and diagnostics.
• Go through all module drivers to see if anything is locked in parameters. If so, discuss with the client to determine if a program change is required.

• Visual inspection of wiring and tighten all terminations which may have vibrated loose. • Review sequence of operations for each piece of equipment with the facility operator to insure the sequence meets the current needs of the facility. Review and verify the DDC Programs meet the intended sequence of operations. If minor changes in programming are required, make these changes as necessary. If extensive changes are required to meet the new requirements, make recommendations to the facility management.

Software Fitness Upgrade Program:
• Install software “patches” (average 2 times per year) which are minor releases of current version of your building automation software. These patches will make enhancements in the performance of the software.
• Install the latest “major” release of new building automation software (one time per year) that is reported by the manufacturer’s hardware installation. These major release versions will provide additional features, as well as, major enhancements to existing features, which will improve system operation and enable the operator to take full advantage of new system changes and technologies. The current version installed at the Covina Police Department facility is WebCTRL 3.0.
• Include a Sunbelt Controls DDC technician to install software upgrades and perform a full system check to verify all functions and operations for the installation. • Include Remote Support Services throughout the year. City of Covina must provide a Static DSL line for Sunbelt Controls to connect remotely.

EXHIBIT E – EXTRAORDINARY MAINTENANCE
Items of Extraordinary Maintenance generally include the following:
• Furnish and install replacement controls, thermostats, timers, and dampers • Furnish and install replacement heating pumps
• Furnish and install replacement condensing units and evaporator coils • Furnish and install new or replacement duct work, tubing, or ventilation ducting • Furnish and install new or replacement heat exchangers, fans, or fan motors • Clean evaporator coils if not accessible
Extraordinary Maintenance includes all labor, equipment, and materials necessary to ensure the safe and efficient operation of the City’s HVAC systems, prescribed in Exhibit A, which goes beyond the normal routine preventative maintenance program.

EXHIBIT F – EMERGENCY REPAIRS
Items of Emergency Repairs generally include the following:
• After business hours, which are 7 a.m. to 6 p.m. Monday through Friday • Any maintenance/repair services that is immediate in nature and needs to be addressed expeditiously
Emergency Repairs include all labor, equipment, and materials necessary to ensure the safe and efficient operation of the City’s HVAC systems, prescribed in Exhibit A to this Section IV of the solicitation, which goes beyond the normal routine preventative maintenance program.

EXHIBIT C

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 Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Consultant 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. Consultant 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. Consultant 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 Consultant or by any subcontractor.

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

Consultant 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. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant 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. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Consultant 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 Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

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

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: CC Regular Meeting - Oct 18 2022
Title: Speed Hump Installation on East Ruddock Street From North Banna Avenue to North Reeder Avenue
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Approve Recommendation from the Traffic & Parking Advisory Commission for the installation of speed humps on East Ruddock Street between North Banna Avenue and North Reeder Avenue.

BACKGROUND:

During the past several years, the Department of Public Works' Engineering Division has received service requests from residents for the installation of traffic calming speed humps on pertinent streets. In late 2020, City staff presented to the Traffic and Parking Advisory Commission an initial speed hump placement request by residents living on East Ruddock Avenue, from North Banna Park to North Reeder Avenue, for their consideration and recommendation to the City Council. The Commission asked staff to consider extending project limits westerly if a follow-up survey determined that an additional speed hump is warranted. Pursuant to the secondary survey, the original project limits were extended westerly and installation of two speed humps would best serve residents in the vicinity.

At its August 9, 2022 regular meeting, the Traffic & Parking Advisory Commission recommended the installation of two speed humps on East Ruddock Street between North Banna Avenue and North Reeder Avenue. One speed hump will be located between Banna Avenue and Darfield Avenue and the other between Edgecomb Street and Reeder Avenue.

Speed humps have been used as a traffic calming device in many cities to reduce vehicle speeds on local residential streets with a single travel lane in each direction. Speed humps are round, raised areas of asphalt constructed across the roadway width. The length of each speed hump will be approximately 12-feet with a maximum height of 3-inches and may span the full width of the street tapering at the gutters so as to not affect storm water flow.

DISCUSSION:

Several requests were made by residents to the City's Engineering Division for the installation of traffic calming improvements on East Ruddock Street between North Banna Avenue and North Reeder Avenue. Residents stated that cars speed up due to the lack of stop signs and other traffic calming measures.

East Ruddock Street does not have sidewalks on either side of the street and as a result residents and students attending Badillo Elementary School use the roadway. Residents living at this location submitted a Speed Hump request to the Engineering Division and City staff has subsequently reviewed and analyzed the request according to the City's Speed Hump Policy. City staff determined that this street segment is eligible for speed hump installations and the Traffic & Parking Advisory Commission subsequently recommended the installation of two speed humps as suitable traffic calming measures on East Ruddock Street between North Banna Avenue and North Reeder Avenue. The construction of the speed humps is estimated to be completed by December 2022.

FISCAL IMPACT:

A total funding amount of $30,000 has been allocated from Measure M funding sources for Traffic Calming Improvement Projects in the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget.

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 - Location Map
Respectfully submitted,

LOCATION MAP
Speed Hump Installation - Ruddock Street
ATTACHMENT A Page 3 of 3

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Oct 18 2022
Title: Consideration of (1) Resolution CC 2022-113, the City Council’s Resolution of Intention to Form an Enhanced Infrastructure Financing District (EIFD) and Establish the Covina EIFD Public Financing Authority; (2) and Authorizing Certain Other Actions Related Thereto
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-113, a Resolution declaring its intention to establish the Covina Enhanced Infrastructure Financing District (EIFD) and establishing the Covina EIFD Public Financing Authority (PFA), and authorizing certain other actions related thereto.

BACKGROUND:

As a result of the elimination of redevelopment agencies in California, the City of Covina lost a tax increment financing (TIF) tool to invest in public facilities supporting the development of communities. In 2014, SB 628 created a new tax increment financing tool called the Enhanced Infrastructure Financing District (EIFD). The original legislation has been amended to modify the EIFD formation procedural requirements and requirements to issue bonds to finance infrastructure.

EIFDs aid cities in funding public facilities and other public investments to foster future development and increase property values. By capturing tax increment revenue generated within the district as new development occurs and property values increase over time, like a redevelopment project area, a portion of tax increment revenue is redirected from the participating taxing entity to the EIFD. Importantly, the establishment of EIFDs does not increase property taxes or any other taxes for landowners within or outside the EIFD boundaries.

The following chart illustrates how tax increment financing (TIF) captures that new revenue from new development into the EIFD (note these dollars are for illustrative purposes only):

Prior to the COVID-19 pandemic, the City had previously evaluated the feasibility of EIFD to fund certain public infrastructure in the Town Center Specific Plan area of the City. More recently, the City was awarded a grant from the Southern California Association of Governments (SCAG) through its Regional Early Action Plan (REAP) technical advisory program to prepare updated analysis and also for the actual implementation of an EIFD (contingent upon City Council direction to pursue). SCAG then retained Kosmont Companies through a competitive bidding process to provide the related technical analysis and advisory services.

To date, staff and the consultant team have prepared detailed analysis and conducted a series of stakeholder outreach meetings, including a City Council / Finance Advisory Commission joint study session on June 21, 2022, a public workshop on July 27, 2022, and a second public workshop on October 12, 2022. Feedback from stakeholder outreach has been positive thus far.

DISCUSSION:

Adoption of the City Council’s Resolution of Intention (ROI) (Attachment A) provides for the following:

1. Preliminary boundaries of the EIFD. The proposed EIFD boundaries are noted in color in Exhibit A of the Resolution of Intention. Though the exact boundaries of the EIFD are subject to further review and refinement as the formation process continues, the current boundary is focused on the Town Center Specific Plan area and the Citrus Avenue Mixed-Use Corridor (properties with potential for new development or rehabilitation). The land included in these boundaries totals approximately 213 acres and approximately $500 million in existing assessed property value.

2. The public facilities and development proposed to be financed by the EIFD. The activities listed under the Resolution of Intention include all eligible activities under the EIFD legislation and are listed in Exhibit B to the Resolution of Intention (more specific projects will be delineated in the required Infrastructure Financing Plan prior to district formation).

3. Use of Incremental Tax Revenue. The ROI anticipates that a portion of the City property tax increment revenue generated within the EIFD will be allocated to the EIFD. In general, the City receives approximately 15 cents of every property tax dollar, plus the equivalent of approximately 9 cents in property tax in lieu of motor vehicle license fees (MVLF). A portion of the incremental growth of these revenue streams would be directed into the EIFD, with the exact amounts to be determined in a future resolution adopted by the City Council.

In the future, should another taxing entity such as the County of Los Angeles participate in the EIFD, a portion of that taxing entity’s property tax increment revenue will also be contributed to the EIFD. The exact percentage of tax increment recommended to be contributed by the City is still being analyzed, and that final decision will be made by the City Council at hearings toward the end of the formation process.

4. Establishes a Public Financing Authority to serve as the governing board of the EIFD. The PFA membership will initially be comprised of three members of the City Council and two public members. An alternate Board member will also be appointed to represent the City Council in the absence of a regular member.

The membership of the PFA governing board will be established at a meeting later this year. If another taxing entity wishes to participate in the EIFD at a later date, the PFA membership will be revised to include members from the new entity in accordance with the resolution.

5. Sets a time and place for the first public hearing on the EIFD to be conducted by the Public Financing Authority. The first public hearing is scheduled for March 28, 2023, at 6:30 p.m. in the City Hall Council Chambers.

Approval of the Resolution of Intention and appointments to the PFA begin a series of activities that will take place over the next several months, primarily by the PFA Board. The following schedule outlines the various key tasks and milestones in the formation process. As the schedule indicates, the final City Council approvals follow later in Spring and Summer of 2023:

Task Target Date Notes
Membership appointments to the
PFA governing board November/December 2022
Initial meeting of PFA January 2023
PFA will review the EIFD, adopt
bylaws, direct the preparation of
the draft Infrastructure Financing
Plan (IFP)
PFA meets to review draft IFP February 2023
Presentation to Planning
Commission on EIFD and draft
Infrastructure Financing Plan
(IFP)
February/March 2023
Statute requires that the Planning
Commission be informed about
the IFP and review the CEQA
documentation
PFA holds Public Hearing #1 March 2023 Written and oral comments taken on IFP; no action taken
City Council adopts resolution
approving the IFP and allocation
of property tax increment
March/April 2023
PFA holds Public Hearing #2 April 2023
Additional comments taken; PFA
takes action to approve, modify,
or reject IFP
PFA holds Public Hearing #3 and
protest proceeding May 2023
If majority protest exists - takes
action to terminate EIFD. If no
majority protest, PFA can propose
adoption of the IFP and formation
of the EIFD
Staff files EIFD with State Board
of Equalization (BOE) June 2023
The Infrastructure Financing Plan (IFP) referenced in the timeline above becomes the roadmap for the work to be accomplished by the EIFD. The IFP will analyze the tax increment anticipated to be generated by the properties in the EIFD boundary, consider the cost of various infrastructure options to be considered for investment, evaluate the bonding capacity created by the tax increment generated, and provide a plan for how the EIFD will capture tax increment to fund infrastructure investments. The IFP contents are currently under development and will be provided in draft format to the public, PFA, City Council, and Planning Commission in accordance with the schedule above.

Public information and outreach are also an important part of the EIFD formation process. Work has already begun on various public information materials and a web page that will serve as a resource to interested stakeholders. Affected taxing entities, landowners and residents within the EIFD boundaries will also receive mailed notification of the process, and public hearings will be advertised extensively. In the event of a majority protest by property owners or residents within the boundaries of the EIFD, the formation proceedings would be discontinued.

FISCAL IMPACT:

There is no immediate fiscal impact for establishing the Covina EIFD or PFA. If ultimately established, the EIFD would create the opportunity to use tax increment financing to fund targeted infrastructure investments in the City. Further information regarding fiscal impact will be analyzed as part of the development of the Infrastructure Financing Plan (IFP), which will be presented to the PFA and City Council as noted in the timeline above.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The City Council’s adoption of the Resolution of Intention and establishment of the Public Financing Authority are exempt from the California Environmental Quality Act (“CEQA”) as actions solely related to the creation of a government funding mechanism and the administrative or organizational activities of the City. Therefore, these actions do not constitute a “project” pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5). Neither of these actions could result in a physical change in the environment because the City has not committed itself to any specific project(s) that could be funded by the EIFD. As a separate and independent ground, these actions are exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that they will have a significant effect on the environment.

However, future actions (such as the approval of infrastructure improvements using funding from the EIFD) will be subject to environmental review in accordance with CEQA.

ATTACHMENTS:

Attachment A - Resolution CC 2022-113
Respectfully submitted,

RESOLUTION CC 2022-113

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

CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH THE

COVINA ENHANCED INFRASTRUCTURE FINANCING DISTRICT TO

FINANCE THE CONSTRUCTION, REPAIR, ACQUISITION, AND/OR

MAINTENANCE OF CAPITAL IMPROVEMENTS AND FACILITIES,

INCLUDING THE ACQUISITION AND/OR REMEDIATION OF LAND
FOR SUCH IMPROVEMENTS AND FACILITIES; ESTABLISHING A
PUBLIC FINANCING AUTHORITY; AND AUTHORIZING CERTAIN

OTHER ACTIONS RELATED THERETO
WHEREAS, SB 628, effective as of January 1, 2015, allows a city or county to create a separate government entity known as an “Enhanced Infrastructure Financing District” (EIFD) within a defined area to finance certain infrastructure projects with community-wide benefits; and WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with Section 53398.50) (the "EIFD Law"), the City Council of the City of Covina ("Council") is authorized to initiate the process to establish an EIFD; and WHEREAS, EIFDs are financed through tax increment generated from the growth in property taxes collected from within a designated district boundary. There are no new taxes or impacts to the property owner within an established EIFD; and WHEREAS, EIFD tax increment may be used to pay for a variety of public facilities and other projects authorized by the EIFD Law within the established EIFD boundaries or outside of the established EIFD boundaries if there is a tangible connection to the work of the EIFD, including but not limited to infrastructure such as roads, utilities, streetscapes, parks and public recreation, or other community facilities. Funding may also be used to facilitate public-private activities by enticing development with infrastructure development and expansion, including new industrialmanufacturing facility construction and repair, and brownfields remediation. Affordable housing, including affordable senior housing, is also an eligible activity; and WHEREAS, the City was awarded a grant from the Southern California Association of Governments (SCAG) through its Regional Early Action Plan (REAP) technical advisory program for Tax Increment Financing Advisory Services. SCAG then retained Kosmont & Associates, Inc.

DBA Kosmont Companies as the consultant to provide the necessary technical analysis and advisory services; and
WHEREAS, on June 21, 2022, City Council expressed preliminary interest and direction for City staff during a City Council and Finance Advisory Commission Joint Study Session to move forward with initial EIFD formation activities; and WHEREAS, the prerequisites set forth in Government Code Section 53398.54 have been complied with prior to the City initiating the creation of or participating in the governance of the EIFD, and the City will provide the required certification to the California Department of Finance (“DOF”) in accordance with the EIFD Law; and

Resolution CC 2022-113 Page 2 of 5
WHEREAS, the proposed boundaries of the Covina EIFD are identified on Exhibit A entitled "Proposed Covina EIFD Boundary", a copy which is on file in the office of the City Clerk; and
WHEREAS, the EIFD will be governed by a Public Financing Authority ("PFA") board which will be responsible for implementing the Infrastructure Financing Plan for the EIFD ("IFP"), and the PFA is required to be established by the City Council at the same time that the Council adopts its intention to form the proposed EIFD; and
WHEREAS, this action is exempt from the California Environmental Quality Act (“CEQA”) as an action solely related to financing and is not in-and-of itself a “project” (pursuant to CEQA Guidelines Section 15378) since it does not result in a physical change in the environment because the City has not committed itself to fund any specific projects through the EIFD. However, future actions (such as the funding and/or approval of infrastructure improvements using funding from the EIFD) will be subject to environmental review in accordance with CEQA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Covina proposes and intends to cause the establishment of an EIFD under the provisions of the EIFD Law.

SECTION 2. The name proposed for the EIFD shall be the “Covina Enhanced Infrastructure Financing District.”
SECTION 3. The proposed boundaries of the EIFD are as shown on Exhibit A attached hereto, which are preliminarily approved and on file in the office of the City Clerk and incorporated herein by reference.

SECTION 4. The types of public facilities and development proposed to be financed or assisted by the EIFD pursuant to the EIFD Law are those listed on Exhibit B, attached hereto and incorporated herein by reference.

SECTION 5. The City Council hereby finds that the EIFD is necessary for the area within the boundaries of the EIFD and the City. The City Council's stated goals for the EIFD are to create a means by which to assist in the provision of public facilities or other specified projects of communitywide significance that provide significant benefits to, promote economic development of, and enhance quality of life within, the boundaries of the EIFD or the surrounding community.

SECTION 6. The City Council hereby declares that, pursuant to the EIFD Law and if approved by resolution pursuant to Government Code Section 53398.68, incremental property tax revenue from the City of Covina and some or all other affected taxing entities within the EIFD may be used to finance the activities described in Section 4 and listed on Exhibit B. The incremental property tax financing will be described in an IFP to be prepared for approval by the PFA, the City Council, and the legislative bodies of all participating taxing entities under EIFD Law.

Resolution CC 2022-113 Page 3 of 5
SECTION 7. The City or County of Los Angeles may allocate tax revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part

1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to the EIFD pursuant to Government Code Section 53398.75.5, if applicable. The City Council does not intend to contribute sales and use taxes or transactions and use taxes to the EIFD.

SECTION 8. The City Council hereby establishes the “Public Financing Authority of the Covina Enhanced Infrastructure Financing District” to serve as the governing board of the EIFD:

A. The PFA membership shall be comprised initially of three members of the City Council appointed by the City Council and two public members selected by the City Council. Members shall serve at the pleasure of the City Council and shall serve until their successor assumes office.

B. The City Council further declares that, pursuant to Government Code Section 53398.51.1, should another taxing entity agree to participate as a taxing entity, then the PFA membership shall be modified in accordance with Government Code Section 53398.51.1. [For example, if the County of Los Angeles (“County”) agrees to participate as a taxing entity and the participating taxing entities consist of the City and the County, then the PFA membership shall be modified to be two members of the City Council, one member of the County Board of Supervisors (“Board of Supervisors”), and two public members jointly selected by the City Council and the Board of Supervisors. Members shall serve at the pleasure of their respective appointing legislative bodies.

C. The legislative body of each participating taxing entity may appoint one of its members to be an alternate member of the PFA board who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the PFA.

D. The members are subject to compliance with the EIFD Law and all applicable ethics laws, including Article 2.4 (commencing with Section 53234) of Chapter 2 of the Government Code.

E. The City Council, and the governing bodies of any other participating entities shall comply with Government Code Section 54974.

SECTION 9. The City Council hereby sets the time and place for a public hearing of the PFA, the proposed EIFD and IFP, to be held on March 28, 2023, at 6:30 p.m., or as soon thereafter as the matter may be heard, at City Hall Council Chambers, 125 E. College Street, Covina, CA 91723.

SECTION 10. Pursuant to Government Code Section 53398.60, the City Clerk is hereby directed to mail a copy of this Resolution to the PFA and each owner of land (as defined in the

Resolution CC 2022-113 Page 4 of 5
EIFD Law), or alternatively with respect to the owners of land may mail a single-page notice of intention identified in Government Code Section 53398.60(b), within the EIFD and to each affected taxing entity (as defined in the EIFD Law). In addition, the City Clerk is hereby directed to cause notice of the public hearing to be published not less than once a week for four successive weeks in a newspaper of general circulation published in the City. The notice shall state that the EIFD will be used to finance public works, briefly describe the facilities, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed EIFD and state the day, hour, and place, when and where any persons having any objections to the proposed IFP, or the regularity of any of the prior proceedings, may appear before the PFA and object to the adoption of the proposed IFP.

SECTION 11. The Successor Agency to the Covina Redevelopment Agency (Successor Agency) has received a finding of completion, as specified in California Health and Safety Code Section 34179.7.

SECTION 12. In accordance with Government Code Section 53398.54, the City certifies to the DOF and to the PFA that no former Covina Redevelopment Agency (the “Former RDA”) assets that are the subject of litigation involving the State of California, where the City or the Successor Agency are a named plaintiff, have been or will be used to benefit any efforts of the EIFD unless the litigation and all possible appeals have been resolved in a court of law. The City Clerk is authorized and directed on behalf of the City to provide or make this certification to the DOF within 10 days after the City Council’s action to participate in the EIFD pursuant to Government Code Section 53398.68 or the City Council’s action to form the EIFD pursuant to Government Code Section 53398.69, by delivery of a copy of the appropriate Resolution or signing a separate certification, if and as required by the DOF.

SECTION 13. The State Controller has completed its review as specified in California Health and Safety Code Section 34167.5 of asset transfers between the Former RDA, the City or any other public agency. The Successor Agency and the City have complied with all of the State Controller's findings and orders stemming from such review.

SECTION 14. This Resolution in no way obligates the PFA to establish any EIFD.

SECTION 15. If any section, subsection, phrase or clause of this Resolution is for any reason found to be invalid, such section, subsection, phrase or clause shall be severed from, and shall not affect the validity of, all remaining portions of this Resolution that can be given effect without the severed portion.

SECTION 16. This Resolution shall take effect immediately upon its adoption.

SECTION 17. The City Manager, or designee, are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.

SECTION 18. The City Clerk of the City of Covina shall certify as to the adoption of this Resolution.

APPROVED and PASSED this 18
th day of October, 2022.

Resolution CC 2022-113 Page 5 of 5
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 2022-113 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18
th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk

Resolution CC 2022-113 Exhibit A

EXHIBIT A
Proposed Covina EIFD Boundary
Vicinity Map:

EXHIBIT A
Proposed Covina EIFD Boundary
Zoom to District Boundaries:

The blue parcels on the map are included in the preliminary EIFD boundaries. A complete list of the Assessor’s Parcel Numbers (APN’s) included in the EIFD boundaries is on file in the City Clerk’s Office and is incorporated herein by reference.

Resolution CC 2022-113 Exhibit B

EXHIBIT B

CITY OF COVINA

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

LIST OF AUTHORIZED PUBLIC FACILITIES
The Covina EIFD may finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real tangible property with an estimated useful life of 15 years or longer which are public capital facilities or other projects of community-wide significance that provide significant benefits to the EIFD or the surrounding community. The EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the EIFD. Facilities funded may be located outside the boundaries of the EIFD, as long as they have a tangible connection to the work of the EIFD as detailed in the infrastructure financing plan.

The EIFD may also finance the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property. The EIFD may finance costs described in Government Code Sections 53398.52 [list of eligible improvements] 53398.56 [replacement housing and relocation obligations if required by actions of EIFD] and 53398.57. Projects financed by the EIFD may include, but not be limited to, all of the following:
• Highways, interchanges, and ramps;
• Bridges;
• Arterial streets;
• Parking facilities;
• Transit facilities;
• Parks, recreational facilities, and open space;
• Sewage treatment and water reclamation plants and interceptor pipes; • Facilities for the collection and treatment of water for urban uses; • Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
• Storm water conveyance and collection facilities;
• Flood control levees and dams, retention basins, and drainage channels; • Child care facilities;
• Libraries;
• Broadband and telecommunications infrastructure;
• Sidewalks and streetscape improvements;
• Bicycle lanes and paths;
• Public art;
• Corporation yards;
• Police facilities;
• Brownfield restoration and other environmental mitigation; • Affordable housing as authorized under the EIFD Law;
• Projects that implement a sustainable communities strategy and transit priority projects; • Acquisition, construction, or repair of industrial structures for private use; • Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long-term economic sustainability of small businesses;
• Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought;

EXHIBIT B

CITY OF COVINA

ENHANCED INFRASTRUCTURE FINANCING DISTRICT

LIST OF AUTHORIZED PUBLIC FACILITIES
• Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.

Other Expenses
In addition to the direct costs of the above facilities, other incidental expenses as authorized by the EIFD Law, including, but not limited to, the cost of environmental evaluation and environmental remediation; engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the facilities; costs of project/construction management; costs (including the costs of legal services) associated with the creation of the EIFD; costs of issuance of bonds or other debt of the EIFD, of a community facilities district of the City, or of any other public agency for authorized facilities and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement from the EIFD; costs incurred by the County or the EIFD in connection with the division of taxes pursuant to Government Code Section 53398.75; or costs otherwise incurred in order to carry out the authorized purposes of the EIFD; reimbursements to other areas for facilities serving the EIFD; and any other expenses incidental to the formation and implementation of the EIFD and to the construction, completion, inspection and acquisition of the authorized facilities.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: CC Regular Meeting - Oct 18 2022
Title: Consideration of a Resolution Supporting the Electric Vehicle Infrastructure Training Program for City Electric Vehicle Charging Infrastructure Projects Presented By: Chris Marcarello, City Manager
Recommendation: That the City Council adopt Resolution CC 2022-114, adopting requirements established by the Electric Vehicle Infrastructure Training Program for City Electric Vehicle Charging Infrastructure Projects.

EXECUTIVE SUMMARY:

At the City Council's regular meeting on September 20, 2022, Councilmember Delgado expressed an interest in supporting efforts of the Electric Vehicle Infrastructure Training Program ("EVITP") to enhance the safety and reliability of electric vehicle charging stations in the City. Support for the EVITP would contemplate using EVITP-certified and State licensed electricians on future City-sponsored Electric Vehicle ("EV") Charging Infrastructure Projects. The attached resolution would authorize participation in this program.

BACKGROUND:

The EVITP is a collaboration of industry stakeholders including: automakers, manufacturers, educational institutions, utility companies, electrical industry professionals and key EV industry stakeholders. The program provides training and certification for electricians installing electric vehicle supply equipment (EVSE) and was designed to provide installers with the most comprehensive classroom and hands-on training available today in a quickly changing market. All EVITP Certified Installers must pass a certification exam for proof of knowledge and skill. To date, this program has certified over 4,000 electricians in the U.S. and Canada.

If approved, the City would look to implement the use of EVITP-certified and State licensed electricians on future City-sponsored EV charging projects. Participation in the program would not be applicable to EV charging projects undertaken by private entities.

FISCAL IMPACT:

There is no direct financial impact associated with this resolution.

ATTACHMENTS:

Attachment A - Resolution CC 2022-114
Respectfully submitted,
RESOLUTION CC 2022-114

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

CALIFORNIA, SUPPORTING THE ELECTRIC VEHICLE

INFRASTRUCTURE TRAINING PROGRAM FOR CITY-SPONSORED

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECTS
WHEREAS, the City of Covina supports the development of electric vehicle charging infrastructure and the use of electric vehicles to reduce the emission of greenhouse gases; and WHEREAS, the City of Covina is committed to ensuring that all contractors and electricians installing and maintaining electric vehicle infrastructure for Covina projects, do so based on the best practices in electrical training and certification; and WHEREAS, the Electric Vehicle Infrastructure Training Program (EVITP) has been determined to be a non-profit, industry wide, brand neutral, volunteer staffed collaborative that does not endorse or promote specific manufacturers, contractors, or brands of equipment.; and WHEREAS, the EVITP program is featured in U. S. Department of Energy Guides on EV infrastructure and is based on a curriculum that is taught at community colleges, electrical industry training centers, and utility training facilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Authorize the City to utilize State-licensed electricians with EVITP certification in City-sponsored EV charging and infrastructure improvement projects, SECTION 2. Authorize the inclusion of the following contractor qualification requirements in City-sponsored EV charging and infrastructure improvement projects, when practicable:

1. Require that at least one job-site supervisor be an Electric Vehicle Training Program certified electrician.

2. Require that contractors possess an active, California C-10 electrical contractor’s license and be in good standing, with a minimum of fifty percent (50%) of electricians possessing an Electric Vehicle Training Program certification.

3. Require that contractors maintain written records of electricians assigned to work on the project and make documentation available upon request.

4. Require that contractors certify compliance with these requirements if required, on project bid proposal forms.

APPROVED and PASSED this 18
th day of October, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor

Resolution CC 2022-114 Page 2 of 2
ATTEST:
____________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-114 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18
th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Oct 18 2022
Title: City Initiated Zoning Code Amendments (ZCA) 22-005, Requesting Amendments to Chapters 17.42, 17.44, 17.26, and 17.78.160 of the Zoning Code and, Planned Community Development Modifications (PCDM) 22-002 and (PCDM) 22-003 Amending PCD 79-001 Relating to Monument Signs and PCD 98-001 Relating to Conditional Use Permits, and Finding that the Proposed Amendments and Modifications are Exempt from CEQA
Presented By: Mercy Lugo, Planning Manager
Recommendation: 1. Waive full reading, read by title only, and introduce for first reading Ordinance 22-15 entitled, An ordinance of the City Council of the City of Covina, California, adopting Zoning Code Amendment (ZCA) 22-05, by amending chapters 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) reclassifying “barber and/or beauty shop use” as a “permitted use”, Chapter 17.44 (C-4 Commercial Highway Zone) allowing wall signs abutting an alley or parking lot, Chapter 17.26 (R-1 7,500 Single Family Residential Zone) allowing (1) second floor storage above garages and (2) residential additions to align with existing residential structures within the 25-foot rear yard setback area and, Chapter 17.78.160 (Variance for Minor Deviation) to eliminate Section 17.78.160(a)(5) regarding (RD) Multi-Family Code Section, of Title 17 (Zoning) of the Covina Municipal Code, and making findings under CEQA guidelines section 15061(b)(3); and

2. Waive full reading, read by title only, and introduce for first reading Ordinance 22-16 entitled, An Ordinance of the City Council of the City of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 79-001 (Ordinance No. 79-1403) to allow free-standing monument signs pursuant to Chapter 17.44.210 (C-4) Commercial Highway Zone and, amending window covering standards, within the Arrow-Grand Business Park, and making findings under CEQA guidelines section 15061(b)(3); and

3. Waive full reading, read by title only, and introduce for first reading Ordinance 22-17 entitled, An Ordinance of the City Council of the City Of Covina, California, approving Planned Community Development Modification (PCDM) 22-003, by amending Planned Community Development PCD 98-001 (Ordinance No. 98-1831) to allow drivethroughs, restaurants, breweries, with on-sale alcohol as a conditionally permitted use, modification of the approved provisional site plan to allow an additional retail pad, the adjusting of required parking standards within the Covina Technology Center, and making findings under CEQA guidelines section 15061(b)(3).

EXECUTIVE SUMMARY:

At the duly noticed public hearing on September 13, 2022 the Planning Commission considered the proposed Zoning Code amendment and Planned Community Development (PCD) Modifications, as described in the title of this report, and adopted Resolution No. 2022-018 PC by a 5-0-0 vote recommending that the City Council approve the proposed ordinance (Attachment A).

BACKGROUND:

The proposed Zoning Code Amendment and PCD Modifications are part of an on-going effort to incrementally update and modernize the city’s code requirements to address local zoning issues, to be economically more competitive with other municipalities by updating the City’s residential and commercial zones, signage, permitted and conditionally permitted commercial uses, and Planned Community Development Overlays.

DISCUSSION:

ZONING CODE AMENDMENT. The following are the sections of the Zoning Code proposed for update:

1. Chapter 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) -Section

17.42.020 – Permitted Uses.

Under CMC Section 17.42.020, reclassify “Barber and/or beauty shop Use” to a “Permitted Use.” Modify this section by adding new provisions to designate “Barber and/or beauty shop” as a “Permitted Use” and eliminate the use from the section requiring that “barber and/or beauty shops” obtain approval of a Conditional Use Permit.

Analysis: On February 5, 2019, the City Council adopted Ordinance No. 19-01 reclassifying “Barber and/or beauty shop Use” to a “Permitted Use” and delete “Barber and/or beauty shop” from “Uses Permitted Subject to a Conditional Use Permit. Chapter 17.42 (C-3A Regional or Community Shopping Center Commercial Zone) was not included as part of the amendment in 2019. The propose of this amendment is to provide consistency among other commercially zoned properties to also allow “Barber and/or Beauty Shop Use” as a “Permitted use” within the C-3A zone, removing “Barber and/or Beauty Shop Use” as conditionally permitted use. Therefore, staff recommends Section 17.42.020 be amended to read as follows:
a. Subsection (B) (3) Section 17.42.020 (“Barber and/or beauty shop”) is hereby added to Chapter 17.42 (“C-3A Commercial Regional or Community Shopping Center Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“3. Barber and/or beauty shop;”
b. Section 17.42.030 (“Deleted”) (“Barber and//or beauty shop”) of Chapter 17.42 (“C-3A Commercial Regional or Community Shopping Center Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code is hereby amended to read as follows:
“1. Deleted Barber and/or beauty shop;”

2. Chapter 17.44 (Signs) - Section 17.44.210 Allowable Signs and Special Regulations.

Amend Section 17.44.210, to allow a second building face sign, also commonly referred to as a wall sign, when businesses abut an alley access or parking lot. Section 17.44.210(C) of the Covina Municipal Code states that, “each business shall be permitted two (2) building face signs per occupancy frontage. Under Section 17.04.255, frontage is defined as “the line where a lot abuts a dedicated street or highway right-ofway line.” Analysis: Typically, commercial businesses have one (1) occupancy frontage. Currently, Section 17.44.210 benefits corner lots that have two street frontages, allowing for two (2) building wall signs. All other store fronts are limited to one (1) wall sign due to only having one occupancy frontage. In some cases, properties abut an alley access or parking lot, providing them with additional signage visibility. However, our current code limits this opportunity to only corner lot businesses. Staff has received requests from local businesses to consider amending and expanding Section 17.44.210 to also allow a second building face sign for

businesses that abut an alley access or parking lot. In an effort to address a local zoning issue and modernize our Zoning Code, staff recommends Section 17.44.210(C) be amended to read as follows:
a. Subsection (C) Section 17.44.210 (“Allowable Signs and Special Regulations”) is hereby amended to Chapter 17.44 (“C-4 Commercial Highway Zone”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
“17.44.210 (C) Allowable Signs and Special Regulations. “Each business shall also be permitted two building face signs per occupancy frontage. In cases where a building store front abuts an alley access or parking lot, a second building face sign shall be permitted. The area devoted to such signs shall not exceed 15 percent of the first store height of the building. Such signs shall be mounted flat against the building;”

3. Chapter 17.26 (R-1 7,500 Single Family Residential Zone) – Section 17.26.090 Accessory Building Height and, Section 17.26.140 Rear Yard.

3.1 Amend Section 17.26.090, to allow second-floor level storage rooms above detached garages.

Section 17.26.090 states that an “accessory building shall not have a height greater than one story or 15 feet.” Under Chapter 17.04 (Definitions), an accessory building is defined as “a building, part of a building, structure which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot.”
Analysis: Currently, accessory structures are limited to a maximum structure height of 15 feet.

Detached garages are classified as an accessory structure and are therefore considered incidental to the primary residence, limited to a 15-foot height limit. Garages are commonly used for vehicle storage and are also used as a general storage area for the primary dwelling. Staff has received inquiries from the community to allow detached garages to exceed the allowable 15-foot height limit to accommodate additional storage room area. Recent development trends show a significant increase in Public Storage facilities throughout the State of California, resulting in a high demand for additional personal storage space on residential properties. In an effort to accommodate such demand, staff believes such accommodation can be met by increasing the accessory structure height to allow for a second level storage room above a detached garage. Staff concern regarding the potential illegal conversion of a “non-habitable” second level storage area to a living area above a garage would be mitigated through the Site Plan Review process, pursuant to CMC 17.64 (Site Plan Review). Also, the California Building Code (CBC), classifies garages as “non-habitable” space and not considered livable area, restricting typical amenities required for habitable/livable space (i.e. bathroom, kitchen, plumbing, windows facing adjoining properties, etc.) Therefore, staff recommends Section 17.26.090 be amended to read as follows:
a. Subsection 17.26.090 ("Accessory Building Height") of Chapter 17.26 ("R-1 7500 Single Family Residential Zone") of Title `17 ("Zoning") of the Covina Municipal Code is hereby amended to read as follows:
“17.26.090 Accessory building height.

No main building or structure erected in this zone shall have a height greater than two and one-half stories or 35 feet, whichever is less. Accessory buildings shall not have a height greater than one story or 15 feet, except to allow the construction of a “non-habitable” storage room above a detached garage, not to exceed two and one-half stories or 35 feet, whichever is less. At no time, shall the second floor-level storage room be converted into a habitable/livable space. No windows shall face adjoining properties. In the event the second floor-level storage room is illegally converted into a habitable/livable space, the unpermitted conversion shall be restored back to its originally approved state: a nonhabitable personal storage room;”

3.2 Amend Section 17.26.140, to allow residential additions to align with existing residential structures that were constructed within the 25-foot rear yard setback area on corner or reverse corner lots.

Analysis: R-1 Single-family Residential zoned lots require a 25-foot rear yard setback. The application of R-1 development standards provides property owners with ample rear yard space for private recreational use or the opportunity to renovate and expand their home. City staff has observed an increase in home renovations and expansions and have encountered unusual lot conditions, specifically relating to building orientation on corner and reverse-corner lots. Such properties tend to have larger front and street-side yards due to lots abutting two intersecting streets, with a street frontage that can be short or long in width, depending on the building orientation, as it faces the street(s), resulting in smaller rear yards less than 25 feet. Property owners with such unusual circumstances are denied the same rights and privileges afforded to other property owners to expand their homes, due to their inability to satisfy the 25-foot rear-yard setback requirement. To address this inconsistency, staff recommends Section

17.26.140 be amended to read as follows:
a. Subsection (D) is hereby added to Section 17.26.140 ("Rear Yard") of Chapter 17.26 ("R-1 7500 Single Family Residential Zone') of Title 17 ("Zoning") of the Covina Municipal Code to read as follows:
“17.26.140 Rear yard.

D. Residential additions may be permitted in a required rear yard to align with existing residential structures that were constructed within the 25-foot rear yard setback area on corner or reverse corner lots;”

4. Chapter 17.78 (Variances) – Section 17.78.160 Variance for Minor Deviation.

On December 21, 2021, the City Council adopted Ordinance 21-09, amending RD Residential Zone (MultiFamily), Chapter 17.28 of Tile 17 (Zoning) of the Covina Municipal Code in its entirety and replacing it with a new Chapter 17.28, and Sections 17.28.010 through Section 17.28.140.

Analysis: Presently, under Chapter 17.78 (Variances), Section 17.78.160(A)(5) allows for Variances and minor deviations to CMC 17.28.475. Under newly adopted Chapter 17.28 (RD Multi-family Residential Zone), CMC Section 17.28.475 no longer exists. For consistency to our new RD Multi-family Residential chapter, staff recommends Section 17.78.160(A)(5) be removed and read as follows:
a. Subsection (A)(5) ("Deleted") of Section 17.78.160 ("Variance for minor deviations") of Chapter

17.78 ("Variances") of Title 17 ("Zoning") of the Covina Municipal Code is hereby amended to read as follows:
“5. Deleted Applications to modify development standards in RD multiple-family residential zones as provided in CMC 17.28.475;”
PROPOSED AMENDMENTS TO PLANNING COMMUNITY DEVELOPMENT (PCD) PCD 79- 001 AND PCD 98-001.

1. Planned Community Development Modification (PCDM 22-002) – A request to amend Planned Community Development (PCD) 79-001, to allow free-standing monument signs pursuant to CMC Section 17.44.210 (Allowable Signs and Special Regulations), within the Arrow-Grand Business Park.

Analysis: On March 19, 1979, the City Council adopted Ordinance No. 79-1403, establishing a Planned Community Development (PCD) Zone Classification for certain property in the City of Covina; (PCD) 79- 001. A PCD Modification is proposed to allow free-standing monuments signs and establish an approval process for window covering standards that exceed the currently allowable 20% window coverage.

1.1 Free-standing Monument Sign. The established PCD Overlay encompasses an approximately 2.1-acre site, with a 34,500 square foot commercial building fronting Arrow Highway. Existing commercial uses