CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, March 19, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Public Comments: During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.
Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pages
CLOSED SESSION
CALL TO ORDER
Council/Agency/Authority Members: Patricia Cortez, Hector Delgado, Victor Linares, Mayor Pro Tem/Vice Chair John King, and Mayor/Chair Walter Allen, III
PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:
A. Government Code § 54956.8 - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: 114 E. Italia Street
Agency Negotiator: Chris Marcarello, City Manager, City of Covina Brian Lee, Community Development Director, City of
Covina
Negotiating Parties: TBD
Under Negotiation: Price and Terms of Payment
B. Government Code § 54956.8 - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: 100-112 N. Citrus Avenue, Unit 100B
Agency Negotiator: Chris Marcarello, City Manager, City of Covina Brian Lee, Community Development Director, City of
Covina
Negotiating Parties: TBD
Under Negotiation: Price and Terms of Payment
C. Government Code § 54956.8 - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: NEC E. Front Street & N. 1st Avenue, Covina, CA 91723 (APN: 8430-018-004)
Agency Negotiator: Chris Marcarello, City Manager, City of Covina Brian Lee, Community Development Director, City of
Covina
Negotiating Parties: SEATS TRUST / SEATS WILLIAM R CO TR Under Negotiation: Price and Terms of Payment
D. Government Code § 54956.9(d)(4) - CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
RECESS
JOINT MEETING—OPEN SESSION 7:30 PM
RECONVENE AND CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez.
INVOCATION
Given by Police Chaplain Ron Butler.
Closed Session Report
PRESENTATIONS
A. National Public Safety Telecommunicators Week
B. American Red Cross Month
C. Recognition of the YWCA of San Gabriel Valley
PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR PUBLIC COMMENTS
The public is invited to comment on Consent Calendar items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
CC 1. Minutes 9
Staff Recommendation:
Approve the Minutes of the February 20, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. Payment of Demands 17
Staff Recommendation:
Approve Payment of Demands in the amount of $5,970,742.33.
CC 3. City of Covina Investment Report for Month Ended February 29, 2024 27 Staff Recommendation:
Receive and File.
CC 4. Downtown Trash Enclosure Project – Phase IV – Project No. P2407 – Final Acceptance and Filing Notice of Completion
45 Staff Recommendation:
1. Accept the work completed by FS Contractors, Inc; and Authorize the City Clerk to file a Notice of Completion for the Downtown Trash Enclosure Project – Phase IV – Project No. P2407.
2.
CC 5. Street Residential Resurfacing Project – Project No. P2405 – Award of Contract to Gentry Brothers, Inc. in the Amount of $503,660 49 Staff Recommendation:
Approve plans and specifications for the Street Residential Resurfacing Project – Project No. P2405;
1. Award a contract for the Street Residential Resurfacing Project to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $503,660 and authorize the City Manager to execute the contract;
2. Authorize a contingency amount of $125,000 (approximately 25%) for any unforeseen construction expenses;
3. Award a Professional Services Agreement to CEJ Engineers, Inc for Construction Management & Inspection Services in an amount not-toexceed $34,800; and
4. Award a Professional Services Agreement to Willdan Engineering, Inc for Pavement Analysis & Testing in an amount not-to-exceed $25,000.
5. CC 6. Speed Hump Installation Project – Fenimore Avenue between Rowland Avenue and Workman Avenue
129
Staff Recommendation:
Approve recommendation from the Traffic and Mobility Advisory Commission for the installation of speed humps at Fenimore Avenue between Rowland Avenue and Workman Avenue.
CC 7. Hollenbeck Park Pickleball Court Construction Project – Project No.
P2404 – Final Acceptance and Filing Notice of Completion 137
Staff Recommendation:
1. Accept the work performed by Siterep Construction Services, Inc.; and Authorize the City clerk to file a Notice of Completion for the Hollenbeck Park Pickleball Court Construction Project.
2. CC 8. Award a Professional Services Agreement for Special District Administration Services, Annexation Services, Continuing Disclosure Services, and Arbitrage Rebate Services
141
Staff Recommendation:
Authorize the City Manager to execute a Professional Services Agreement with Willdan Financial Services for Special District Administration Services, Annexation Services, Continuing Disclosure Services, and Arbitrage Rebate Services, for a period of five years, with three optional three-year extension terms.
CC 9. Professional Service Agreement with West Coast Arborists for Emergency Tree Removal and Creek Remediation at Wingate Park 175
Staff Recommendation:
Authorize the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc. (WCA) in the amount of $27,144.00 for Emergency Tree Removal at Wingate Park; and
1. 2. Adopt Resolution CC 2024-11 to appropriate $49,500 from the General
Fund to provide funding for Emergency Tree Removal and additional Creek Remediation efforts at Wingate Park.
CC 10. Award of Contract to Waterline Technologies, Inc. for the Replacement of the Training Pool Heater at the Covina Park Aquatic Center 197
Staff Recommendation:
Award a contract for the Covina Park Aquatic Center Training Pool Heater Replacement to Waterline Technologies, Inc in the amount of $43,673.22 and authorize the City Manager to execute the contract.
CC 11. Lease and Ongoing Maintenance of three (3) 2024 Toyota Camry LE Hybrid Vehicles for the Covina Police Department
225
Staff Recommendation:
Approve the leasing and ongoing maintenance of three (3) 2024 Toyota Camry LE Hybrid Vehicles allocated for the Covina Police Department for a five-year term in the amount of $103,500; and
1. Authorize the City Manager, or their designee, to execute all necessary documents with Enterprise Fleet Management, Inc. using the Sourcewell Competitive Purchasing Program (Contract #06061800- EFM).
2. CC 12. Award of Contract to Control Air Enterprises LLC for HVAC Repairs at the Covina Senior & Community Center
233
Staff Recommendation:
Award a contract for the Covina Senior & Community Center HVAC Repair Project to Control Air Enterprises LLC in the amount of $37,837.00 and authorize the City Manager to execute the contract.
CC 13. SB 341 Compliance Report on the Housing Successor Agency Low and Moderate Income Housing Asset Fund
265
Staff Recommendation:
Receive and file the report.
CC 14. 2023 Annual Housing Element Progress Report 281
Staff Recommendation:
Receive and file.
CC 15. Amendment No. 3 to the Professional Services Agreement between the City of Covina and Liebert Cassidy Whitmore for Legal Services 305
Staff Recommendation:
Approve Amendment No. 3 to the agreement between Liebert Cassidy Whitmore and the City of Covina for legal services and authorize the City Manager to execute the amendment.
CC 16. Resolution Increasing the Police Department 2023-24 Budget by $5,000 to Cover Police Explorer Program Expenses
317
Staff Recommendation:
Adopt Resolution CC 2024-13 increasing the Police Department 2023-24 Budget by $5,000 for the purchase of various equipment/supplies as well as annual dues.
CC 17. Escheatment of Unclaimed Funds to the City of Covina in Accordance with the Escheat of Unclaimed Property Policy
321
Staff Recommendation:
Authorize staff to pursue the escheatment of unclaimed funds to the City in the amount of $52,646.34 and approve the transfer of any available funds remaining unclaimed to be recognized as revenue in the General Fund in accordance with the Escheat of Unclaimed Property Policy.
CC 18. Confirm and Approve City Council’s Appointments to Various City of Covina Boards and Commissions
343
Staff Recommendation:
Approve the City Council’s appointments to various City of Covina Boards and Commissions.
CC 19. Covina Recreation Village Project – Project No. P2202 – Rejection of All Bids
345
Staff Recommendation:
Reject all bids received for construction of the Covina Recreation Village Project; and
1. Authorize City staff to revise the project bid package and re-solicit bids for construction.
2. CC 20. Lease Agreement Between the City of Covina and BKEC Inc. for Property Located at 100 N. Citrus Avenue, Unit 100B
347
Staff Recommendation:
That the City Council approve a lease agreement with BKEC Inc. for the lease of office space located at 100 N. Citrus Avenue, Suite 100B and authorize the City Manager or his designee to make any non-substantive changes that may be required prior to finalizing and executing the agreement.
PUBLIC HEARINGS
PH 1. Public Hearing Considering the Adoption of the Covina Active Streets and Multi-Modal Connectivity Plan
361
Staff Recommendation:
Adopt City Council Resolution CC 2024-12 Adopting the Covina Active Streets and Multi-Modal Connectivity Plan, and Finding the Project exempt from the California Environmental Quality Act (CEQA).
CONTINUED BUSINESS
CB 1. Development Impact Fee Report 733
Staff Recommendation:
Review the Development Impact Fee Study/Report prepared by NBS Government Finance Group and provide direction to City staff regarding the following:
Consider introducing a nominal administrative fee to prepare future studies;
1. Direct staff to formally prepare the item for adoption at a future duly noticed City Council Public Hearing; and
2. Direct Staff to evaluate options to reduce Development Impact Fees for affordable housing units and return as a separate item for City Council consideration.
3.
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for April 2, 2024, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
February 20, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Councilmember Hector Delgado
Councilmember Victor Linares
Mayor Pro Tem/Vice-Chair John C. King
Mayor/Chair Walter Allen, III
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Andy Bullington
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) Administrative Services Director Anita Agramonte
_____________________________________________________________________
2 CLOSED SESSION
CLOSED SESSION – WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Mayor Allen called the Council/Agency/Authority meeting to order at 7:33 p.m. with all Councilmembers present.
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Councilmember Delgado.
INVOCATION
Given by Police Chaplain Chuck Cannizzaro.
PRESENTATIONS – NONE.
PUBLIC COMMENTS
Richard Darkhorse of the American Legion Riders Post 755 invited the City Council to support the Legion and explained the services they help to provide.
Neika Montes requested that the City Council change the white streetlights to purple in honor of Chiari Malformation Month during the month of September.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Mayor Allen highlighted items on the Consent Calendar including items: CC5, authorizing improvements for the co-working facility at 401 N. Citrus Ave.; CC12, increasing funding for the Covina Skate Park Project for the installation of bioswales; and CC13 and CC14, both relating to the purchase and installation of new lockers for the Covina Police Department. He thanked Public Works Director Bullington and the Public Works team for helping the City get through the wet season. Mayor Allen also thanked the Finance Advisory Commission for their work in reviewing the City's mid-year budget and noted the City's strong financial health.
CITY MANAGER COMMENTS – NONE.
3 CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Approve the Minutes of the February 6, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved (5 to 0)
CC 2. Payment of Demands
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Approve Payment of Demands in the amount of $6,109,080.53 Approved (5 to 0)
CC 3. City of Covina Investment Report for Month Ended January 31, 2024 Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Receive and File.
Approved (5 to 0)
CC 4. Consideration of a Land Lease Agreement between the City of Covina and New Cingular Wireless PCS, LLC, to Install a Wireless Communication Facility at 735 N. Glendora Avenue, Covina - Wingate Park Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Authorize the City Manager to execute the attached Land Lease Agreement between the City of Covina and New Cingular Wireless PCS, LLC, a Delaware limited liability company.
Approved (5 to 0)
CC 5. Agreement between the City of Covina and SiteRep Construction Services, Inc. for Tenant Improvements at 401 N. Citrus Avenue
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Authorize the City Manager to enter into a Minor Construction Agreement with SiteRep Construction Services, Inc. and execute all related documents.
Approved (5 to 0)
4 CC 6. Approval of Department of Water Resources Grant Funding SubAgreement between the City of Covina and Three Valleys Municipal Water District
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Authorize the City Manager to execute all documents associated with the Department of Water Resources Grant Funding Sub-Agreement between the City of Covina and Three Valleys Municipal Water District.
Approved (5 to 0)
CC 7. Approval of a Second Amendment to Agreement Between the City of Covina and Clifton Larson Allen, LLP for Measure W Audit Services Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Authorize City Manager to execute the Second Amendment to the Professional Service Agreement with Clifton Larson Allen to perform a program/compliance audit as required by Los Angeles County’s Safe, Clean Water Program (Measure W).
Approved (5 to 0)
CC 8. Adoption of Ordinance 24-01
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Adopt Ordinance 24-01 entitled, “An Ordinance of the City Council of the City of Covina, California, Amending Chapter 2.04 (City Council) of the Covina Municipal Code to Add a New Section 2.04.050 (Compensation) Pertaining to Compensation of the Mayor and City Councilmembers”.
Approved (5 to 0)
CC 9. Request to Cancel the Regular City Council Meeting of March 5, 2024 Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
That the City Council consider canceling the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority regular scheduled joint meeting of March 5, 2024; and direct the City Clerk’s Office to post the required Notice of Cancellation.
Approved (5 to 0)
5 CC 10. Award Professional Services Agreement to Review and Update the City’s Comprehensive User Fee Study
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Authorize the City Manager to execute a Professional Services Contract with Willdan for an amount not to exceed $27,410 to perform and conduct a Comprehensive User Fee Study.
Approved (5 to 0)
CC 11. Approve the Legal Services Agreement with Manning & Kass, Ellrod, Ramirez, Trester, LLP
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
Approve the Legal Services Agreement with Manning & Kass, Ellrod, Ramirez, Trester, LLP and authorize the City Manager to execute the Agreement on behalf of the City.
Approved (5 to 0)
CC 12. Resolution CC 2024-08 to Amend the Fiscal Year 2023/2024 Capital Improvement Program to Increase Funding for the Covina Skate Park Project in the Amount of $200,000
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
1. Amend the Contract for the Covina Skate Park Project with Spohn Ranch, Inc. in the amount of $195,000 for a new not-to-exceed amount of $1,631,350;
2. Amend the Professional Services Agreement with Siterep Construction Services, Inc for Inspection Services in the amount of $5,000 for a new, notto-exceed amount of $55,160; and
3. Adopt Resolution CC 2024-08 to appropriate $200,000 from available Measure W – Municipal Fund Balance to the Covina Skate Park Project (Account No. 2510-3400-55200-P2207) to provide the additional funding necessary to complete the Covina Skate Park Project.
Approved (5 to 0)
CC 13. Covina Police Department Locker Room Renovation Project – Award of Contract for McMurray Stern Inc. to Furnish and Install New Lockers at the Police Department Women and Men Locker Rooms
Neil Polzin was not present at the time his name was called to provide his public comments.
Motion made by: Mayor Allen
Seconded by: Councilmember Delgado
6 Award a contract for the Covina Police Department Locker Room Renovation Project to McMurray Stern Inc. as the lowest responsible bidder to furnish and install new lockers in the men and women locker rooms in a not-to-exceed amount of $321,974.11 and authorize the City Manager to execute the contract.
Approved (5 to 0)
CC 14. Covina Police Department Locker Room Renovation Project – Award of Contract for Construction Services to BBS Construction, Inc. in the Amount of $695,000
Neil Polzin was not present at the time his name was called to provide his public comments.
Motion made by: Mayor Allen
Seconded by: Councilmember Delgado
1. Award a contract for the Covina Police Department Locker Room Renovation Project – Construction Services to BBS Construction, Inc. as the lowest responsive, responsible bidder in the amount of $695,000 and authorize the City Manager to execute the contract;
2. Establish a contingency allowance of $69,500 (10% of contract amount) for unforeseen conditions or additional construction services, if needed; and
3. Adopt Resolution CC 2024-09 amending the FY 2023-24 Capital Improvement Program Budget and appropriating an additional $629,778.65 from the Police Department Community Facilities District Fund, Police Department Impact Fees Fund, and Measure CC Fund to be transferred into the Building Maintenance Fund for completion of the Covina Police Department Locker Room Renovation Project.
Approved (5 to 0)
CC 15. Fiscal Year 2023-24 Mid-Year Budget Update and Adjustments Resolution CC 2024-10
Motion made by: Councilmember Linares
Seconded by: Mayor Pro Tem King
1. Adopt Resolution CC 2024-10 authorizing Fiscal Year 2023-2024 mid-year budget adjustments; and
2. Receive and file the Fiscal Year 2023-24 Mid-Year Budget Update.
Approved (5 to 0)
7 PUBLIC HEARINGS
PH 1. Ordinance 24-XX, Adding a Utility/Trench Cut Fees Section to the City’s Municipal Code and Establishing Utility/Trench Cut Fees in the City-Wide Fee Schedule
Mayor Allen opened the public hearing.
Public Works Director Bullington informed the City Council that inquiries were received regarding the item and staff recommends continuing the hearing to a date uncertain in order to address these concerns.
There were no public comments.
Motion made by: Mayor Pro Tem King
Seconded by: Councilmember Linares
Continue the public hearing to a date uncertain.
Approved (5 to 0)
CONTINUED BUSINESS – NONE.
NEW BUSINESS – NONE.
ADJOURNMENT
At 7:53 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, March 19, 2024, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. _________________________
Fabian Velez, Chief Deputy City Clerk
_________________________
Walter Allen III, Mayor/Chair
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: March 19, 2024
Title: Payment of Demands
Presented by: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $5,970,742.33.
EXECUTIVE SUMMARY/BACKGROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants February 2, 2024 – February 29, 2024 CITY checks/EFTs $ 3,947,692.99
CITY payroll $ 1,971,981.47
CITY voids $ (1,776.00)
Worker’s Comp $ 34,807.59
$ 5,952,706.05
SACRA checks/EFTs $ 7,018.51
SACRA payroll $ 11,017.77
$ 18,036.28
TOTAL checks/EFTs $ 5,970,742.33
DISCUSSION:
The attached reports have been reviewed by the Administrative Services Director.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 23/24 Budget.
Respectfully submitted,
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
5935 01/29/2024 477 STATE OF CALIFORNIA 4,485.00
5936 02/15/2024 4003 MidAmerica 1,892.01
5937 02/16/2024 4003 MidAmerica 55.20
5938 02/06/2024 5438 BMO 19,599.59
5939 02/29/2024 4003 MidAmerica 1,937.99
20783 02/15/2024 788 COVINA, CITY OF 48,846.03
20784 02/15/2024 789 COVINA-FSA, CITY OF 829.17
20785 02/15/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 27,026.28 20786 02/15/2024 788 COVINA, CITY OF (104.93)
20787 02/15/2024 487 CalPERS 94,838.05
20788 02/15/2024 487 CalPERS (379.54)
20789 02/16/2024 788 COVINA, CITY OF 7.02
20790 02/29/2024 788 COVINA, CITY OF 48,513.94
20791 02/29/2024 487 CalPERS 1,155.18
subtotal EFT/wires/direct deposits $ 248,700.99
119982 02/07/2024 14 A1 RENTALS 1,698.66
119983 02/07/2024 113 ALL CITY MANAGEMENT SVC 12,644.64 119984 02/07/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,228.21 119985 02/07/2024 160 AMERICAN WEST COAST SECURITY 25.00 119986 02/07/2024 493 CWE 342.00
119987 02/07/2024 568 CAT SPECIALTIES INC 1,377.82
119988 02/07/2024 649 CINTAS CORP #693 702.18
119989 02/07/2024 703 UNIQUE PRINTING 382.97
119990 02/07/2024 771 COVINA IRRIGATING CO 227,521.42
119991 02/07/2024 970 EDISON CO 67,814.96
119992 02/07/2024 1075 WEX BANK 26.98
119993 02/07/2024 1198 GLOBALSTAR LLC 102.77
119994 02/07/2024 1204 GOLDEN STATE WATER COMPANY 172.03 119995 02/07/2024 1361 HOLLIDAY ROCK CO INC 974.06
119996 02/07/2024 1429 INLAND EMPIRE STAGES 1,933.00
119997 02/07/2024 1612 LA CNTY DEPT OF PUBLIC WORKS 1,867.03 119998 02/07/2024 1614 LA CNTY FIRE DEPARTMENT 1,114,482.35 119999 02/07/2024 2032 NATIONAL BUSINESS FURNITURE 3,451.18 120000 02/07/2024 2415 REPUBLIC MASTER CHEFS 258.22
120001 02/07/2024 2506 RYDIN DECAL 513.28
120002 02/07/2024 2676 SMART AND FINAL IRIS CORP 167.37 120003 02/07/2024 2736 STAPLES BUSINESS ADVANTAGE 108.34 120004 02/07/2024 2818 GABE BF VAN LEEUWEN 372.00
120005 02/07/2024 2846 THOMAS, TERRI 1,285.76
120006 02/07/2024 2855 SPECTRUM 179.98
120007 02/07/2024 2855 CHARTER COMMUNICATIONS 356.16
120008 02/07/2024 2903 TRI-XECUTEX CORP 100.00
120009 02/07/2024 2942 UNITED SITE SERVICES OF CA INC 279.81 120010 02/07/2024 2958 USPS - POC ACCOUNT #8098154 1,794.59 120011 02/07/2024 3070 WEST COAST ARBORISTS INC 11,249.00 120012 02/07/2024 3134 XEROX CORPORATION 745.29
120013 02/07/2024 3152 YWCA 3,327.76
120014 02/07/2024 3163 GENTRY BROTHERS INC 1,018,489.77 120015 02/07/2024 3187 WAGONER, PAMELA 1,279.13
120016 02/07/2024 3190 LAYNE, JONATHAN DANIEL 574.00
120017 02/07/2024 3235 COOK, SHAWNA 394.29
120018 02/07/2024 3718 NADENE VALDEZ 465.50
Attachment A Page 1 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120019 02/07/2024 3729 SUNBELT RENTALS INC 5,701.52
120020 02/07/2024 3796 RICHARDS, WATSON & GERSHON 35,836.04 120021 02/07/2024 3932 ARLENE D. MAR 231.00
120022 02/07/2024 3982 CAROL A CUGNO 669.90
120023 02/07/2024 4089 MEASOM, DEVIN THOMAS 895.30
120024 02/07/2024 4209 ADLERHORST INTERNATIONAL 484.00
120025 02/07/2024 4332 ERIC ARROYO 1,350.00
120026 02/07/2024 4350 RKA Consulting Group 540.00
120027 02/07/2024 4379 789, Inc. 9,916.66
120028 02/07/2024 4433 JAIME YAMASHITA 1,232.50
120029 02/07/2024 4455 FRONTIER 3,686.75
120030 02/07/2024 4483 DALE A. GARRISON 56.00
120031 02/07/2024 4582 USABLUEBOOK 993.17
120032 02/07/2024 4643 Bear Electrical Solutions, Inc. 44,400.38 120033 02/07/2024 4687 Mighty Oak Technnology 18,000.00 120034 02/07/2024 4704 S & J Supply Company, Inc. 925.73 120035 02/07/2024 4829 Alicia A. Flores 263.90
120036 02/07/2024 4833 Michael R. Hillmann 2,697.50
120037 02/07/2024 4931 Antonio Castro Jr 1,151.12
120038 02/07/2024 4977 Enterprise FM Trust 4,277.92
120039 02/07/2024 4983 Ad Valorem Records,Inc. 4,376.25 120040 02/07/2024 5011 Excel Office Services 125.08
120041 02/07/2024 5075 Amalia Q. Seresinghe 431.20
120042 02/07/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 32,470.00 120043 02/07/2024 5147 SHAW INDUSTRIES, INC. 55,169.82
120044 02/07/2024 5186 Dash Platform, LLC 341.42
120045 02/07/2024 5228 ODP BUSINESS SOLUTIONS, LLC 774.08 120046 02/07/2024 5252 THE YOGA DANCE CO 159.26
120047 02/07/2024 5291 AMAZON CAPITAL SERVICES, INC 528.59 120048 02/07/2024 5354 MALLORY SAFETY & SUPPLY LLC 970.05 120049 02/07/2024 5423 SUSAN T SCHOCK 207.20
120050 02/07/2024 5425 AQMNI LLC 500.00
120051 02/07/2024 5431 ASTRA BACKFLOW INC 452.97
120052 02/07/2024 5490 ROSS-CAMPBELL INC. 1,000.00
120053 02/07/2024 5491 MULHOLLAND CONSULTING GROUP LLC 2,394.00 120054 02/07/2024 5493 COLORADO STATE UNIVERSITY 650.00 120055 02/07/2024 5495 ELEVATE SERVICES INC 11,366.46
120056 02/07/2024 99999 ANDY BULLINGTON 856.04
120057 02/07/2024 99999 DANNY PALMA 122.35
120058 02/07/2024 99999 ELBA ENRIQUEZ 17.49
120059 02/07/2024 99999 MARINA GARCIA 110.00
120060 02/07/2024 99999 MARINA GARCIA 80.00
120061 02/07/2024 99999 MATTHEW STOLZ 81.60
120062 02/07/2024 99999 OSCAR MORALES 500.33
120063 02/07/2024 99999 YUTING WANG 23.26
120064 02/14/2024 84 AIRGAS-WEST 36.04
120065 02/14/2024 113 ALL CITY MANAGEMENT SVC 13,171.50 120066 02/14/2024 160 AMERICAN WEST COAST SECURITY 371.00 120067 02/14/2024 219 AT&T 383.17
120068 02/14/2024 219 AT&T 67.69
120069 02/14/2024 219 AT&T 54.47
120070 02/14/2024 221 AT&T MOBILITY 4.35
Attachment A Page 2 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120071 02/14/2024 254 AZUSA LIGHT & WATER 43.08
120072 02/14/2024 255 AZUSA PLUMBING & HEATNG SUPPLY 390.45 120073 02/14/2024 370 BOB BARKER CO INC 321.51
120074 02/14/2024 411 BRODART CO 74.55
120075 02/14/2024 430 BUILDING ELECTRONIC CONTROLS 525.00 120076 02/14/2024 437 BURRO CANYON ENT INC 120.00
120077 02/14/2024 477 STATE OF CALIFORNIA 466.25
120078 02/14/2024 477 STATE OF CA 6,075.00
120079 02/14/2024 477 DEPT OF INDUSTRIAL RELATIONS 225.00 120080 02/14/2024 568 CAT SPECIALTIES INC 333.97
120081 02/14/2024 600 CERTIFIED UNDERCAR PARTS 411.85
120082 02/14/2024 654 CITRUS CAR WASH 35.99
120083 02/14/2024 703 UNIQUE PRINTING 68.36
120084 02/14/2024 749 BOHL PH.D., NANCY K. 980.00
120085 02/14/2024 875 DELL MARKETING L.P. 1,026.99
120086 02/14/2024 894 DF POLYGRAPH 200.00
120087 02/14/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 207.00 120088 02/14/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 6,652.50 120089 02/14/2024 970 EDISON CO 41,617.49
120090 02/14/2024 1156 THE GAS COMPANY 2,852.16
120091 02/14/2024 1204 GOLDEN STATE WATER COMPANY 279.10 120092 02/14/2024 1235 GRAINGER 1,006.79
120093 02/14/2024 1275 HAAKER EQUIPMENT CO 1,158.81
120094 02/14/2024 1317 HdL Coren & Cone 4,502.53
120095 02/14/2024 1361 HOLLIDAY ROCK CO INC 1,179.86
120096 02/14/2024 1364 HOME DEPOT CREDIT SERVICES 6,761.21 120097 02/14/2024 1387 HUNTER, JOHN L. 14,697.82
120098 02/14/2024 1437 INTER-CON SECURITY SYSTEMS INC 9,771.81 120099 02/14/2024 1646 LANGUAGE LINE SERVICES INC 45.12 120100 02/14/2024 1663 LAW ENFORCEMENT MEDICAL 2,255.00 120101 02/14/2024 1754 LOWE'S COMPANIES INC 693.21
120102 02/14/2024 1933 MISSION LINEN SUPPLY 37.92
120103 02/14/2024 2027 NAPA AUTO PARTS 304.35
120104 02/14/2024 2275 POIRIER, ROBERT 140.00
120105 02/14/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 8,904.45 120106 02/14/2024 2329 PUENTE READY MIX INC 1,146.60
120107 02/14/2024 2345 QUILL 1,106.55
120108 02/14/2024 2415 REPUBLIC MASTER CHEFS 249.37
120109 02/14/2024 2619 SGV EXAMINER 1,386.00
120110 02/14/2024 2711 SOUTHEAST CONSTRUCTION INC 844.76 120111 02/14/2024 2796 SYNTECH 1,675.00
120112 02/14/2024 2855 CHARTER COMMUNICATION 141.63
120113 02/14/2024 2926 TYLER TECHNOLOGIES INC. 10,136.12 120114 02/14/2024 2935 UNDERGROUND SERVICE ALERT 186.32 120115 02/14/2024 2942 UNITED SITE SERVICES OF CA INC 279.81 120116 02/14/2024 2958 US POSTMASTER 5,787.30
120117 02/14/2024 2995 VENTEK INTERNATIONAL 495.00
120118 02/14/2024 3023 VULCAN MATERIALS COMPANY 1,075.37 120119 02/14/2024 3052 WATERLINE TECHNOLOGIES INC 1,755.21 120120 02/14/2024 3274 WILLDAN 1,300.00
120121 02/14/2024 3584 ENTERPRISE SECURITY INC 1,125.00 120122 02/14/2024 3729 SUNBELT RENTALS INC 715.10
Attachment A Page 3 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120123 02/14/2024 3749 JCL TRAFFIC SERVICES 4,673.39
120124 02/14/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 150.00 120125 02/14/2024 3988 LANDSCAPE WAREHOUSE III 422.62
120126 02/14/2024 4065 VERIZON WIRELESS 1,200.75
120127 02/14/2024 4077 INTERWEST CONSULTING GROUP INC 910.00 120128 02/14/2024 4247 UNITED WATER WORKS INC 10,130.27 120129 02/14/2024 4279 BOSS JANITORIAL SERVICES 11,736.63 120130 02/14/2024 4350 RKA Consulting Group 11,545.00
120131 02/14/2024 4402 BARRY SANDLER ENTERPRISE 693.70
120132 02/14/2024 4455 FRONTIER 3,765.17
120133 02/14/2024 4569 Adjudicate Inc. 750.00
120134 02/14/2024 4662 OverDrive, Inc 5,000.00
120135 02/14/2024 4667 Ocean Blue Environmental Services, Inc. 7,988.56 120136 02/14/2024 4713 Fisher Integrated, Inc. 1,200.00 120137 02/14/2024 4714 CIR, Inc. 89,908.10
120138 02/14/2024 4764 UniFirst Corporation 1,303.40
120139 02/14/2024 4765 AMC Modern IT 2,735.31
120140 02/14/2024 4817 Weck Analytical Environmental Services, Inc. 442.00 120141 02/14/2024 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 120142 02/14/2024 4960 Data Ticket, Inc. 482.75
120143 02/14/2024 4983 Ad Valorem Records,Inc. 5,445.30 120144 02/14/2024 5045 CONVERSE CONSULTANTS 3,522.50
120145 02/14/2024 5099 CliftonLarsonAllen LLP 6,785.00
120146 02/14/2024 5139 Crown Castle Fiber LLC 925.00
120147 02/14/2024 5195 A3 COMMUNICATIONS, INC. 192.94
120148 02/14/2024 5228 ODP BUSINESS SOLUTIONS, LLC 23.32 120149 02/14/2024 5269 CONTROL AIR ENTERPRISES LLC. 2,943.08 120150 02/14/2024 5291 AMAZON CAPITAL SERVICES, INC 281.63 120151 02/14/2024 5323 JOSE RENE VILLALOBOS 272.84
120152 02/14/2024 5346 TRIPEPI SMITH & ASSOCIATES INC 610.00 120153 02/14/2024 5368 WESCO SECURITY SYSTEMS INC 195.00 120154 02/14/2024 5391 PLAYAWAY PRODUCTS LLC 918.22
120155 02/14/2024 5432 OPPENHEIMER INVESTIGATIONS GROUP LLP 9,539.00 120156 02/14/2024 5433 BOWMAN INFRASTRUCTURE ENGINEERS LTD 4,205.00 120157 02/14/2024 5435 CORE & MAIN LP 160.98
120158 02/14/2024 5488 MICHAEL E. GOLD, M.D. INC 3,000.00 120159 02/14/2024 5494 HANDI PRODUCTS INC 3,693.62
120160 02/14/2024 5499 GOODMAN CAPITAL FINANCE 758.10
120161 02/14/2024 99999 AKBAR SIDDIQUI 80.00
120162 02/14/2024 99999 ALICIA BRODIE 110.00
120163 02/14/2024 99999 COOKIE CUTTER KINGDOM LLC 57.73 120164 02/14/2024 99999 DAVID GONZALEZ 676.00
120165 02/14/2024 99999 DENISE FLORES 48.65
120166 02/14/2024 99999 EDRICK WONG 53.98
120167 02/14/2024 99999 EDWIN RAMOS 676.00
120168 02/14/2024 99999 ELIZABETH MARCHENA 80.00
120169 02/14/2024 99999 EVA JIMENEZ 919.00
120170 02/14/2024 99999 GABRIEL MURILLO 496.00
120171 02/14/2024 99999 ISRAEL RODRIGUEZ 80.00
120172 02/14/2024 99999 JACOB PALMA 45.00
120173 02/14/2024 99999 JASON MACIAS 80.00
120174 02/14/2024 99999 JAVIER PUGA 60.00
Attachment A Page 4 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120175 02/14/2024 99999 JENNY WONG 80.00
120176 02/14/2024 99999 JOE BOU SLEIMAN 20.00
120177 02/14/2024 99999 KATHARINE CURTISS 676.00
120178 02/14/2024 99999 KEITH SUTHERLAND 78.00
120179 02/14/2024 99999 KEVIN FINLEY 143.59
120180 02/14/2024 99999 MARIO ORTIZ 90.00
120181 02/14/2024 99999 NICOLE PAN 56.31
120182 02/14/2024 99999 RICHARD SMITH 110.00
120183 02/14/2024 99999 VANESSA VILEGAS GODOY 676.00
120184 02/14/2024 99999 VERENIS ACEVEDO 80.00
120185 02/14/2024 99999 WEI WEN 25.49
120186 02/15/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,264.37 120187 02/15/2024 69 AFSCME District Council 36 828.79
120188 02/15/2024 775 COVINA POLICE ASSOCIATION 3,000.00 120189 02/15/2024 878 DELTA DENTAL OF CALIFORNIA 9,151.50 120190 02/15/2024 3795 PRE-PAID LEGAL SERVICES, INC 155.48 120191 02/15/2024 3846 CLEA 1,088.00
120192 02/15/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,439.69 120193 02/15/2024 4710 Fidelity Security Life Insurance Company 992.13 120194 02/21/2024 84 AIRGAS-WEST 1,019.64
120195 02/21/2024 254 AZUSA LIGHT & WATER 643.05
120196 02/21/2024 600 CERTIFIED UNDERCAR PARTS 1,202.67 120197 02/21/2024 649 CINTAS CORP #693 368.64
120198 02/21/2024 700 COLLEY FORD 4,510.05
120199 02/21/2024 783 CITY OF COVINA WATER 127.68
120200 02/21/2024 798 CRAFCO INC 3,773.19
120201 02/21/2024 970 EDISON CO 3,216.09
120202 02/21/2024 1075 WEX BANK 169.95
120203 02/21/2024 1156 THE GAS COMPANY 1,700.03
120204 02/21/2024 1204 GOLDEN STATE WATER COMPANY 83.69 120205 02/21/2024 1235 GRAINGER 158.23
120206 02/21/2024 1241 GRAND PRINTING 874.51
120207 02/21/2024 1371 HOSE MAN INC, THE 52.46
120208 02/21/2024 1531 JW LOCK CO INC 201.36
120209 02/21/2024 1615 REGIONAL TAP SERVICE CENTER 120.00 120210 02/21/2024 1933 MISSION LINEN SUPPLY 18.96
120211 02/21/2024 2027 NAPA AUTO PARTS 1,715.62
120212 02/21/2024 2407 REGIONAL TAP SERVICE CENTER 460.80 120213 02/21/2024 2415 REPUBLIC MASTER CHEFS 288.00
120214 02/21/2024 2616 SGV COUNCIL OF GOVERNMENTS 27,028.00 120215 02/21/2024 2852 THREE VALLEY MUN WATER DISTR 5,285.58 120216 02/21/2024 2855 CHARTER COMMUNICATION 123.08
120217 02/21/2024 2903 TRI-XECUTEX CORP 225.00
120218 02/21/2024 3001 VERIZON WIRELESS 2,844.55
120219 02/21/2024 3023 VULCAN MATERIALS COMPANY 2,208.77 120220 02/21/2024 3052 WATERLINE TECHNOLOGIES INC 1,680.21 120221 02/21/2024 3070 WEST COAST ARBORISTS INC 12,125.00 120222 02/21/2024 3185 TOSHIBA FINANCIAL SERVICES 1,296.84 120223 02/21/2024 3293 BAVCO 360.09
120224 02/21/2024 3749 JCL TRAFFIC SERVICES 1,925.73
120225 02/21/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 150.00 120226 02/21/2024 3901 GEM AUTO REPAIR 730.60
Attachment A Page 5 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120227 02/21/2024 4065 VERIZON WIRELESS 267.60
120228 02/21/2024 4247 UNITED WATER WORKS INC 3,823.53
120229 02/21/2024 4379 789, Inc. 4,958.33
120230 02/21/2024 4455 FRONTIER 524.94
120231 02/21/2024 4582 USABLUEBOOK 270.18
120232 02/21/2024 4676 Hill Brothers Chemical Company 796.57 120233 02/21/2024 4688 PCAM, LLC 32,520.80
120234 02/21/2024 4694 Leslie's Poolmart Inc 725.43
120235 02/21/2024 4704 S & J Supply Company, Inc. 1,322.35 120236 02/21/2024 4764 UniFirst Corporation 94.09
120237 02/21/2024 4813 JOHNSON CONTROLS FIRE PROTECTION LP 4,109.31 120238 02/21/2024 4817 Weck Analytical Environmental Services, Inc. 1,069.00 120239 02/21/2024 4833 Michael R. Hillmann 2,470.00
120240 02/21/2024 4854 CEJ Engineers, Inc. 19,640.00
120241 02/21/2024 5112 Procure America, Inc 265.08
120242 02/21/2024 5137 MasterCorp Commercial Services LLC 4,578.79 120243 02/21/2024 5138 Ricoh USA, Inc. 299.63
120244 02/21/2024 5157 Carahsoft Technology Corporation 3,628.13 120245 02/21/2024 5354 MALLORY SAFETY & SUPPLY LLC 1,754.73 120246 02/21/2024 5363 BEISEL ELECTRIC 600.00
120247 02/21/2024 5375 TRI-STAR SAFETY SERVICES INC 7,321.28 120248 02/21/2024 5405 DELCO SERVICE INC 2,615.85
120249 02/21/2024 5412 COVINA ANIMAL HOSPITAL 451.41
120250 02/21/2024 5499 GOODMAN CAPITAL FINANCE 1,862.00 120251 02/21/2024 5500 INNOVATIVE AIR 7,500.00
120252 02/21/2024 5502 LOREN DESIGN 4,500.00
120253 02/21/2024 5503 NICHOLS CONSULTING ENGINEERS CHTD 57,095.25 120254 02/21/2024 99999 DANIEL GONZALEZ 676.00
120255 02/21/2024 99999 DAVID LOPEZ 60.00
120256 02/21/2024 99999 ROBERT FISHER 20.00
120257 02/29/2024 84 AIRGAS-WEST 628.77
120258 02/29/2024 113 ALL CITY MANAGEMENT SVC 12,644.64 120259 02/29/2024 219 AT&T 519.95
120260 02/29/2024 239 AUTOZONE INC 39.31
120261 02/29/2024 254 AZUSA LIGHT & WATER 86.00
120262 02/29/2024 255 AZUSA PLUMBING & HEATNG SUPPLY 341.69 120263 02/29/2024 437 BURRO CANYON ENT INC 70.00
120264 02/29/2024 600 CERTIFIED UNDERCAR PARTS 124.82
120265 02/29/2024 649 CINTAS CORP #693 368.64
120266 02/29/2024 692 CODE PUBLISHING COMPANY 830.00
120267 02/29/2024 703 UNIQUE PRINTING 184.34
120268 02/29/2024 749 BOHL PH.D., NANCY K. 325.00
120269 02/29/2024 849 DAPEER ROSENBLIT & LITVAK LLP 8,570.28 120270 02/29/2024 970 EDISON CO 4,123.14
120271 02/29/2024 1067 INTEGRATED SOFTWARE SOLUTIONS 5,488.40 120272 02/29/2024 1084 D HAUPTMAN CO INC 443.22
120273 02/29/2024 1156 THE GAS COMPANY 147.44
120274 02/29/2024 1235 GRAINGER 3,834.25
120275 02/29/2024 1275 HAAKER EQUIPMENT CO 20,385.65
120276 02/29/2024 1387 HUNTER, JOHN L. 4,279.17
120277 02/29/2024 1571 KING BOLT CO 26.36
120278 02/29/2024 1619 LA CNTY SHERIFF'S DEPT 336.40
Attachment A Page 6 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120279 02/29/2024 1663 LAW ENFORCEMENT MEDICAL 1,610.00 120280 02/29/2024 1933 MISSION LINEN SUPPLY 18.96
120281 02/29/2024 2027 NAPA AUTO PARTS 6,153.39
120282 02/29/2024 2345 QUILL 208.70
120283 02/29/2024 2415 REPUBLIC MASTER CHEFS 339.40
120284 02/29/2024 2714 SOUTHERN CA GAS CO ML711D 1,000.00 120285 02/29/2024 2743 STATE CONTROLLER'S OFFICE 3,560.76 120286 02/29/2024 2800 T MOBILE USA 377.07
120287 02/29/2024 2855 TIME WARNER CABLE 334.43
120288 02/29/2024 2855 CHARTER COMMUNICATION 56.46
120289 02/29/2024 2942 UNITED SITE SERVICES OF CA INC 279.81 120290 02/29/2024 3004 VICTORY EXTERMINATING INC 75.00
120291 02/29/2024 3023 VULCAN MATERIALS COMPANY 965.44
120292 02/29/2024 3082 WESTERN WATER WORKS SUPPLY 1,665.98 120293 02/29/2024 3102 WILLDAN FINANCIAL SERVICES 4,900.00 120294 02/29/2024 3152 YWCA 729.59
120295 02/29/2024 3274 WILLDAN 600.00
120296 02/29/2024 3701 DEPARTMENT OF JUSTICE 1,114.00
120297 02/29/2024 3729 SUNBELT RENTALS INC 715.10
120298 02/29/2024 3749 JCL TRAFFIC SERVICES 2,201.15
120299 02/29/2024 3796 RICHARDS, WATSON & GERSHON 24,325.71 120300 02/29/2024 3929 BOOT BARN INC 193.94
120301 02/29/2024 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 300.00 120302 02/29/2024 4065 VERIZON BUSINESS SERVICES 837.62 120303 02/29/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 952.50 120304 02/29/2024 4225 CORELOGIC SOLUTIONS, LLC 231.75
120305 02/29/2024 4247 UNITED WATER WORKS INC 6,555.60
120306 02/29/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 13.38 120307 02/29/2024 4332 ERIC ARROYO 2,025.00
120308 02/29/2024 4350 RKA Consulting Group 7,387.50
120309 02/29/2024 4360 MOORE IACOFANO GOLTSMAN, INC. 9,606.25 120310 02/29/2024 4374 ADMINSURE, INC 7,093.92
120311 02/29/2024 4389 EMPLOY AMERICA 2,580.00
120312 02/29/2024 4448 FS CONTRACTORS, INC. 14,805.00
120313 02/29/2024 4455 FRONTIER 509.05
120314 02/29/2024 4509 Norman A Traub 9,513.92
120315 02/29/2024 4564 NATIONAL UNION FIRE INSURANCE COMPANY 765.00 120316 02/29/2024 4676 Hill Brothers Chemical Company 1,084.59 120317 02/29/2024 4719 O.S.T.S. Inc. 2,724.00
120318 02/29/2024 4764 UniFirst Corporation 1,100.30
120319 02/29/2024 4824 Occu-Med, Ltd. 475.80
120320 02/29/2024 4874 MARIA E. VELOSCO BEDRAN 786.17
120321 02/29/2024 4925 Humane Society of Pomona Valley, Inc. 25,073.67 120322 02/29/2024 4928 Springstead & Associates, Inc. 4,000.00 120323 02/29/2024 4930 Michael Baker International, Inc. 24,502.45 120324 02/29/2024 4968 Semper Scientific, Inc 3,186.50
120325 02/29/2024 5011 Excel Office Services 372.05
120326 02/29/2024 5108 DocuSign, Inc. 4,758.00
120327 02/29/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 15,975.00 120328 02/29/2024 5110 The Sherwin-Williams Company 1,415.77 120329 02/29/2024 5233 RODENT PEST TECHNOLOGIES 131.25
120330 02/29/2024 5269 CONTROL AIR ENTERPRISES LLC. 5,232.54 Attachment A Page 7 of 8
CITY OF COVINA
Check Register
Feb 2, 2024 - Feb 29, 2024
Check # Check Date Vendor Name Amount
120331 02/29/2024 5279 THE RADAR SHOP INC 620.00
120332 02/29/2024 5291 AMAZON CAPITAL SERVICES, INC 498.55 120333 02/29/2024 5331 SPERIDAN TECHNOLOGIES LLC 3,500.00 120334 02/29/2024 5336 ABI DOCUMENT SUPPORT SERVICES LLC 143.97 120335 02/29/2024 5350 TESS ELECTRIC INC 785.38
120336 02/29/2024 5351 TACOHOLICS ANONYMOUS 862.00
120337 02/29/2024 5354 MALLORY SAFETY & SUPPLY LLC 131.40 120338 02/29/2024 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 21,152.93 120339 02/29/2024 5464 ADVANCE STORES COMPANY INC 1,312.60 120340 02/29/2024 5482 RAM CONSTRUCTION & FENCE LLC 8,750.00 120341 02/29/2024 5496 ACORE SHELVING & PRODUCTS INC 6,908.98 120342 02/29/2024 5497 MITHRIL ENTERPRISES 1,250.00
120343 02/29/2024 5499 GOODMAN CAPITAL FINANCE 1,026.23 120344 02/29/2024 5501 JAPANESE FRIENDSHIP GARDEN AND MUSEUM OF SAN DIEGO 611.00 120345 02/29/2024 5506 QUALITY AUTO SUPPLY INC 341.78
120346 02/29/2024 99999 ALBERT ESTRADA 38.25
120347 02/29/2024 99999 AVELAR SOSA 80.00
120348 02/29/2024 99999 CARLOS SORIA 75.27
120349 02/29/2024 99999 CHARLEY'S PHILLY STEAKS 45.70
120350 02/29/2024 99999 COLIN CAMPBELL 56.04
120351 02/29/2024 99999 DAN ZAYAS 68.62
120352 02/29/2024 99999 DEBORAH AQUILA 77.12
120353 02/29/2024 99999 FAFA BEARING INC 43.91
120354 02/29/2024 99999 HORACIO MEJIA 5,000.00
120355 02/29/2024 99999 JISELLE ACOSTA 41.29
120356 02/29/2024 99999 JOVANNI MARQUEZ 622.07
120357 02/29/2024 99999 KIRBY D'VAZ 41.12
120358 02/29/2024 99999 MATT STOLZ 70.00
120359 02/29/2024 99999 MIKE ROBISON 467.67
120360 02/29/2024 99999 PEGLION, LLC 11,500.00
120361 02/29/2024 99999 RYAN RASMUSSEN 82.23
120362 02/29/2024 99999 STEVEN E TORRES 36.61
120363 02/29/2024 99999 TIFFANY GJOKAJ 24.88
120364 02/29/2024 99999 WILLIAM CANALES 66.50
120365 02/29/2024 99999 YAT NGA LEE 43.49
120366 02/29/2024 99999 YVETTE BEAULIEU 80.00
120367 02/29/2024 99999 ZHIYA DING 78.56
120368 02/29/2024 878 DELTA DENTAL OF CALIFORNIA 122.02 120369 02/29/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 5.70 120370 02/29/2024 4710 Fidelity Security Life Insurance Company 8.62 subtotal checks $ 3,706,010.51
116786 06/28/2023 99999 MARINA GARCIA (110.00)
116787 06/28/2023 99999 MARINA GARCIA (80.00)
119354 12/13/2023 4968 Semper Scientific, Inc (910.00)
120164 02/14/2024 99999 DANIEL GONZALEZ (676.00)
voids $ (1,776.00)
payroll (02/15/24) $ 1,005,800.55
payroll (02/16/24} $ 691.47
payroll (02/29/24) $ 976,507.22
workers' compensation $ 34,807.59
TOTAL checks/EFTs $ 5,970,742.33
Attachment A Page 8 of 8
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: March 19, 2024
Title: City of Covina Investment Report for Month Ended February 29, 2024 Presented by: Anita Agramonte, Administrative Services Director Recommendation: Receive and File.
EXECUTIVE SUMMARY:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended February 29, 2024. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There are sufficient funds to meet the pooled expenditure requirements for all City funds for the next 6 months.
FISCAL IMPACT:
None to receive and file.
Respectfully submitted,
CASH AND INVESTMENT BALANCE 1/31/2024 $96,853,277.17
RECEIPTS 2/1/24-2/29/24 12,123,301.04
DISBURSEMENTS 2/1/24-2/29/24 (13,539,850.59)
CASH AND INVESTMENT BALANCE 2/29/2024 $95,436,727.62
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 $58,324,716.17
LOCAL AGENCY INVESTMENT FUND Attachment A-4 28,619,619.82 TOTAL PUBLIC INVESTMENTS 86,944,335.99
CHECKING / PETTY / STIFEL CASH BALANCES 8,492,391.63
CASH AND INVESTMENT BALANCE 2/29/2024 95,436,727.62
CASH HELD BY BOND TRUSTEES 3,014,929.24
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 2/29/2024 $98,451,656.86
CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED FEBRUARY 29, 2024
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the pooled expenditures of all City’s funds for the next 6 months.
Attachment A -City
BOOK ACQUISITION MATURITY MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
City of Covina:
Drawer & Petty Cash N/A $7,347.45 N/A N/A $7,347.45
General - Checking Account BMO 4,013,171.04 N/A Demand 4,013,171.04 Public Agency Saving - Parking Fines BMO 44,059.36 N/A Demand 44,059.36 Utility Billing Account BMO 132,109.26 N/A Demand 132,109.26 Workers' Compensation - Checking Account BMO 88,660.94 N/A Demand 88,660.94 Payroll - Checking Account BMO 1,338,022.96 N/A Demand 1,338,022.96 Money Market BMO 1,027,625.39 N/A Demand 1,027,625.39
AFLAC Flexible Spending Account BMO 19,968.34 N/A Demand 19,968.34 STIFEL Cash Per GL Various 1,821,426.89 Various Various 1,821,426.89 STIFEL Investment Portfolio Various 58,324,716.17 Various Various 57,871,778.20 Local Agency Investment Fund State of California 28,619,619.82 N/A Demand 28,619,619.82 Subtotal (A) $95,436,727.62 $94,983,789.65
Cash Held With 3rd Party Administrator:
TRIP 2017A Covina Wilmington Trust $344.30 N/A Demand $344.30 LA County Loan Agreement U.S. Bank 1,750,052.20 N/A Demand 1,750,052.20 Other Post-Employment Benefits Charles Schwab 1,263,198.82 N/A Demand 1,263,198.82 2021 Taxable Pension Obligation Bonds U.S. Bank 1,333.79 N/A Demand 1,333.79 2019 Wastewater Refunding Bonds U.S. Bank 0.13 N/A Demand 0.13 Subtotal (B) $3,014,929.24 $3,014,929.24
TOTAL (A+B) $98,451,656.86 $97,998,718.89
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED FEBRUARY 29, 2024
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\February 2024\FEB 2024 Investment Report\CITY -ATTACH A-1 Attachment A-1 CITY Page 30 of 823 Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
February 2024
Investment Detail as of
February 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Agric MTG CorpMedium Term Note 10/12/22 99.461000 1,000,000 1,000,000.00 5.1000 3134GX4R2 10/28/2025 Stifel FEDL Agric MTG CorpMedium Term Note 06/30/22 91.072000 1,000,000 915,357.70 0.9400 31422XGQ9 10/26/2026 Stifel FEDL AGRIC MTG CorpMedium Term Note 03/06/23 100.015000 1,000,000 1,000,000.00 5.9000 31422XY30 3/8/2028 Stifel Total Agricultural Mortgage 3,000,000 $2,915,357.70
Federal Farm Credit Bank Bond 04/07/22 96.257000 1,000,000 1,012,683.14 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 02/02/22 96.737000 1,000,000 998,647.01 1.3200 3133ENLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 92.017000 1,000,000 996,151.59 1.5000 3133ENKV1 1/13/2027 Stifel FEDL Farm Credit Bank Bond 01/10/23 99.615000 1,000,000 1,000,000.00 5.1400 3133EN6C9 1/18/2028 Stifel Total Federal Farm Credit 4,000,000 $4,007,481.74
Attachment A-2
Investment Detail as of
February 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Home Loan Bank Bond 06/30/22 99.330000 1,000,000 1,000,385.86 3.1250 3130ASHK8 6/14/2024 Stifel FEDL Home Loan Bank Bond 06/30/22 96.771000 1,000,000 952,708.25 1.0000 3130AQF40 12/20/2024 Stifel FEDL Home Loan Bank Bond 01/09/23 99.891000 2,000,000 2,000,000.00 5.0000 3130AUGG3 1/24/2025 Stifel FEDL Home Loan Bank Bond 02/21/23 99.814000 1,000,000 1,000,000.00 5.3500 3130AV3C4 3/7/2025 Stifel FEDL Home Loan Bank Bond 02/02/22 96.417000 1,000,000 1,020,383.00 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 02/13/23 100.031000 1,000,000 1,000,000.00 5.6000 3130AUXK5 3/9/2026 Stifel FEDL Home Loan Bank Bond 06/06/23 99.911000 1,000,000 1,000,000.00 5.5000 3130AWD80 6/12/2026 Stifel FEDL Home Loan Bank Bond 04/07/22 96.431000 1,000,000 1,007,512.04 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 10/12/22 99.691000 1,000,000 1,000,000.00 5.4100 3130ATN94 10/18/2027 Stifel FEDL Home Loan Bank Bond 10/12/22 99.377000 1,080,000 1,079,730.00 5.5000 3130ATMD6 10/27/2027 Stifel FEDL Home Loan Bank Bond 02/06/23 100.011000 1,000,000 1,000,000.00 5.5000 3130AUTV6 2/24/2028 Stifel FEDL Home Loan Bank Bond 02/22/23 99.095000 1,000,000 1,000,000.00 5.3000 3130AV4C3 3/9/2028 Stifel FEDL Home Loan Bank Bond 02/23/23 99.994000 1,000,000 1,000,000.00 5.3000 3130AV4Y5 3/13/2028 Stifel FEDL Home Loan Bank Bond 04/10/23 99.851000 1,000,000 1,000,000.00 5.5000 3130AVMT6 4/28/2028 Stifel FEDL Home Loan Bank Bond 05/09/23 99.271000 1,000,000 1,000,000.00 5.0500 3130AVZG0 5/15/2028 Stifel FEDL Home Loan Bank Bond 05/17/23 99.835000 1,000,000 1,000,000.00 5.6000 3130AW5P1 5/25/2028 Stifel FEDL Home Loan Bank Bond 01/11/24 99.815000 1,000,000 1,000,000.00 5.6000 3130AYFM3 1/12/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.985000 1,000,000 1,000,000.00 5.5000 3130AYJX5 1/23/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.818000 1,000,000 1,000,000.00 5.4000 3130AYM86 1/24/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/12/24 99.890000 1,000,000 1,000,000.00 5.3500 3134H1RV7 2/8/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/05/24 99.654000 1,000,000 1,000,000.00 5.5000 3134H1RR6 2/9/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/20/24 99.469000 1,000,000 997,570.00 5.2500 3134H1TX1 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/22/24 99.413000 1,000,000 993,939.00 5.0000 3134H1UK7 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 04/24/23 99.470000 1,000,000 1,000,000.00 5.1500 3134GYQT2 5/1/2026 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 10/23/23 100.154000 1,000,000 1,000,000.00 6.0000 3134H1HY2 10/30/2028 Stifel FEDL Home Loan MTG Corp
Medium Term Note 06/01/23 99.671000 1,000,000 1,000,000.00 5.8500 3134GYTL6 12/14/2027 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 98.988700 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 99.244100 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 Stifel Total Federal Home Loan 29,080,000 $29,042,853.15
Attachment A-2
Investment Detail as of
February 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 100.972000 245,000 245,000.00 5.3000 00790JAD4 12/31/2025 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 100.401000 245,000 245,000.00 4.4500 01664MAA4 12/21/2026 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 102.590000 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 Stifel Ally Bank -
Midvale UT CD 04/27/22 96.374000 245,000 245,000.00 2.8500 02007GQQ9 5/5/2026 Stifel American Express Natl BK -
Salt Lake City UT CD 03/01/22 96.813000 245,000 245,000.00 1.8000 02589ABP6 3/10/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 97.820000 245,000 245,000.00 3.2500 02616ABJ7 7/15/2025 Stifel Americu CR UNRome NY SHS CTF 06/13/23 100.231000 245,000 245,000.00 5.3500 03065QAP3 12/23/2024 Stifel Austin Telco Fed CR UNAustin TX SHS CTF 11/14/22 101.861000 245,000 245,000.00 5.0500 052392CC9 11/27/2026 Stifel Bank of BarodaNew York NY CD 05/09/23 99.929000 245,000 245,000.00 5.0500 06063HQL0 11/15/2024 Stifel Barclays Bank DEWilmington DE CD 05/24/22 97.688000 245,000 245,000.00 3.0500 06740KQS9 6/2/2025 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 101.759000 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 93.946000 245,000 245,000.00 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 93.946000 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 97.795000 245,000 245,000.00 3.2000 05600XGK0 6/24/2025 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 96.853000 245,000 245,000.00 1.8000 05580AK37 3/4/2025 Stifel Capital One NA -
Mclean VA CD 04/27/22 96.612000 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 Stifel Centris FEDL CR UNOmaha NE SHS CTF 05/09/23 100.082000 245,000 245,000.00 5.0000 15643VAB8 5/24/2025 Stifel Community West CR UNKentwood MI CD 12/12/22 100.116000 245,000 245,000.00 5.0000 20416JAC8 6/23/2025 Stifel Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 100.590000 245,000 245,000.00 5.2000 20416TBD3 8/29/2025 Stifel Connexus Credit UnionWausau WI SHS CTF 06/05/23 100.395000 245,000 245,000.00 5.4000 20825WBN9 3/15/2025 Stifel Cornerstone BankFargo ND CD 05/01/23 103.340200 245,000 245,000.00 - 219232CR4 5/10/2028 Stifel Corp America Family CUElgin IL CD 02/13/24 100.000000 245,000 245,000.00 5.0000 219873AA4 2/21/2025 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 95.633000 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 Stifel Credit Union of TexasAllen TX SHS CTF 05/11/23 100.072000 245,000 245,000.00 5.1500 22551KAZ5 5/27/2025 Stifel Cross River BankTeaneck NJ CD 06/06/23 100.124000 245,000 245,000.00 5.2500 227563CS0 12/16/2024 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 101.638000 245,000 245,000.00 5.3000 23248UAC1 7/14/2028 Stifel Dannemora FED CR UNPlattsburgh NY CD 12/20/23 100.722000 245,000 245,000.00 5.3000 236334AD0 12/28/2028 Stifel Discover BankGreenwood DE CD 05/20/22 97.023000 245,000 245,000.00 3.2000 254673E36 5/24/2027 Stifel First Choice FEDL CR UNNew Castle PA SHS CTF 05/17/23 100.082000 245,000 245,000.00 5.0000 31949HAA9 5/27/2025 Stifel First NATL BankDamariscotta ME CD 03/09/23 101.418000 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 97.050000 245,000 245,000.00 3.0000 32110YXE0 11/28/2025 Stifel First Source FED CR UNNew Hartford NY SHS CTF 06/06/23 99.991000 245,000 245,000.00 5.4500 33651FAJ8 6/17/2024 Stifel Attachment A-2
Investment Detail as of
February 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
First Technology FCUMountain View CA SHS CTF 06/30/22 99.758000 245,000 245,000.00 3.2500 33715LEA4 4/15/2024 Stifel GESA CR UNRichland WA CD 07/19/23 101.736000 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 Stifel GHS FED CR UN- Binghamton
NY SHS CTF 08/02/23 101.453000 245,000 245,000.00 5.6000 36266LAB2 8/17/2028 Stifel Global Federal CR UNAnchorage AK SHS CTG 06/06/23 100.357000 245,000 245,000.00 5.2000 37892MAL8 6/16/2025 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 96.599000 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 Stifel Greenstate Credit UnionNorth Liberty IA SH CTF 05/11/23 100.050000 245,000 245,000.00 5.1500 39573LEA2 11/18/2024 Stifel Greenwood Credit UnionWarwick RI SHS CTF 11/14/22 99.942000 245,000 245,000.00 4.9500 397129AJ6 5/28/2024 Stifel I H MISS VLY CR UNMoline IL SHS CTF 05/17/23 100.000000 245,000 245,000.00 5.2000 44963KAE8 5/29/2024 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 101.370000 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 Stifel Inspire FEDL CR UN- Bristol
PA SHS CTF 06/29/23 101.035000 245,000 245,000.00 5.0000 457731AQ0 6/30/2026 Stifel Isreal Discount BK of NYNew York NY CD 05/24/22 99.401000 245,000 245,000.00 2.8500 465076TQ0 5/28/2024 Stifel Jefferson Finl FCUMetirie LA SHS CTF 06/21/23 100.164000 245,000 245,000.00 5.2500 474067CH6 12/30/2024 Stifel Keypoint CR UNSan Jose CA SHS CTF 12/13/23 100.000000 245,000 245,000.00 5.4000 49332PAC4 12/27/2024 Stifel Knoxville TVA Employees -
Credit Union 04/13/23 97.352000 249,000 236,275.11 1.9500 499724AL6 1/16/2025 Stifel KodabankDrayton ND CD 03/09/23 101.413000 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel Lafayette FEDL CR UNRockville MD SHS CTF 11/22/23 100.737000 245,000 245,000.00 5.5500 50625LBP7 5/30/2025 Stifel Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.550000 245,000 245,000.00 5.3000 53052LAW9 7/14/2025 Stifel Live Oak Bkg Co -
Wilmington NC CD 03/03/22 97.028000 249,000 248,751.00 1.8500 538036HW7 2/14/2025 Stifel Local Govt FEDL CR UnRaleigh NC SHS CTF 05/04/23 99.923000 245,000 245,000.00 5.1500 53955LAC1 5/17/2024 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 93.887000 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 Stifel Money One FCULargo MD SHS CTF 09/01/23 103.850000 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 Stifel Morgan Stanley Bank NASalt Lake City UT CD 05/16/22 97.179000 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 97.179000 245,000 245,000.00 3.2500 61768EJR5 5/19/2027 Stifel Mountain Amer Fed CR UNWest Jordan UT SHS CTF 11/14/22 99.954000 245,000 245,000.00 5.0000 62384RAS5 5/28/2024 Stifel NexBank Dallas TX CD 05/09/23 100.042000 245,000 245,000.00 5.0500 653344CD1 5/15/2025 Stifel Numerica Credit Union-Spokane
VLY WA SHS CTF 07/12/23 104.121000 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 Stifel Oceanfirst Bank NAToms River NJ CD 06/23/22 99.324000 245,000 245,000.00 3.2500 67523TBE2 7/1/2024 Stifel Oklahoma Fedl CR UNOklahoma City OK CD 11/14/22 99.946000 245,000 245,000.00 5.0000 67886WAB3 11/22/2024 Stifel Oregon CMNTY CR UNEugene OR SHS CTF 06/16/23 100.320000 245,000 245,000.00 5.1500 68584JAE9 6/23/2025 Stifel Pacific Western BankSan Diego CA CD 03/23/23 100.102000 245,000 245,000.00 5.6500 69506YYD5 4/5/2028 Stifel Pentagon Federal CR UN -
Tysons Corner VA 02/02/22 92.976000 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 101.951000 245,000 245,000.00 5.3000 722000AC0 8/17/2026 Stifel Attachment A-2
Investment Detail as of
February 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Pinnacle Bank -
Nashville TN CD 06/23/22 99.291000 245,000 245,000.00 3.0500 72345SLE9 6/28/2024 Stifel Raiz FCUEL Paso TX CD 05/11/23 99.927000 245,000 245,000.00 5.2000 75102EAN8 5/24/2024 Stifel Rogue Credit UnionMedford OR SHS CTF 11/14/22 100.089000 245,000 245,000.00 5.2000 77535MAE3 11/26/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 94.375000 245,000 245,000.00 2.2000 795451BH5 2/23/2027 Stifel SCE FCUIrwindale CA SHS CTF 12/13/23 100.112000 245,000 245,000.00 5.0000 78413RAJ6 6/20/2025 Stifel Signature Federal Cred U 08/16/23 102.009000 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 Stifel Sound CR UNTacoma WA ShS CTF 02/06/23 100.094000 245,000 245,000.00 5.1000 83616HAC8 2/21/2025 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 100.653000 245,000 245,000.00 5.1000 84503PAF7 1/7/2026 Stifel State Bank of India -
New York NY CD 02/01/22 93.161000 245,000 245,000.00 1.7500 856285G21 2/9/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 95.630000 245,000 245,000.00 2.7000 87165FK45 4/14/2027 Stifel Synovus BankColumbus GA CD 06/23/22 99.008000 245,000 245,000.00 3.2000 87164DTM2 8/30/2024 Stifel Tech Credit UnionCrown Point in CD CTF 05/15/23 100.056000 245,000 245,000.00 5.1500 87823TAD0 11/25/2024 Stifel Technology CR UNSan Jose CA SH CTF 01/09/23 100.042000 245,000 245,000.00 5.1000 87868YAH6 7/21/2025 Stifel Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 102.859000 1,000,000 1,060,401.31 6.7500 880591CJ9 11/1/2025 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 97.033000 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 Stifel True Sky FEDL CR UNOklahoma City OK SHS CTF 01/26/23 98.882000 248,000 233,596.16 0.3500 89786MAA2 5/20/2024 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 100.948000 245,000 245,000.00 5.1500 89789AAH0 3/23/2026 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.637000 245,000 245,000.00 5.3500 89854LAE3 7/25/2025 Stifel Tucson FEDL CR UNTucson AZ CD 09/01/23 103.834000 245,000 245,000.00 5.0000 898812AC6 9/8/2028 Stifel UBS Bank USASalt Lake City UT CD 06/27/22 99.320000 245,000 245,000.00 3.2000 90348J4B3 7/1/2024 Stifel USAlliance FCURye NY SHS CTF 11/14/22 99.948000 245,000 245,000.00 5.0000 90352RCW3 11/29/2024 Stifel Valley Strong CR UNBakersfield CA SHS CTF 01/04/23 100.024000 245,000 245,000.00 5.1000 920133AL9 7/18/2025 Stifel Western Alliance BankPhoenix AZ CD 06/26/23 100.121000 245,000 245,000.00 5.2500 95763PPD7 1/7/2025 Stifel Workers Credit UnionLittleton MA SHS CTF 12/07/22 99.962000 245,000 245,000.00 5.0500 98138MAZ3 6/17/2024 Stifel Total Certificates of Deposit 22,326,000 $22,359,023.58 58,406,000 $ 58,324,716.17
1,821,426.89
Stifel Total Value of Portfolio 58,406,000 $ 60,146,143.06 Stifel Cash
Stifel Securities
Attachment A-2
Qty Purch Date Maturity Sale Date
Share Price at
Purchase Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by 10,000 02/05/24 2/9/2029 100.000000 $1,000,000.00 $1,000,000.00 $1,000,000.00 - FEDL Home Loan MTG Corp -
Medium Term Note 3134H1RR6 Stifel
10,000 02/12/24 2/8/2029 100.000000 1,000,000.00 1,000,000.00 1,000,000.00 - FEDL Home Loan MTG Corp -
Medium Term Note 3134H1RV7 Stifel
2,450 02/13/24 2/21/2025 100.000000 245,000.00 245,000.00 245,000.00 - Corp America Family CUElgin IL CD 219873AA4 Stifel
10,000 02/16/24 12/1/2028 99.718800 997,187.50 997,187.50 997,188.00 - FEDL Home Loan MTG CorpPool#WN2534 3132XGY83 Stifel
10,000 02/20/24 2/23/2029 99.757000 997,570.00 997,570.00 997,570.00 - FEDL Home Loan MTG Corp -
Medium Term Note 3134H1TX1 Stifel
10,000 02/22/24 2/23/2029 99.393900 993,939.00 993,939.00 993,939.00 - FEDL Home Loan MTG Corp -
Medium Term Note 3134H1UK7 Stifel
Total $5,233,696.50 $5,233,696.50 $5,233,697.00 -
Qty Purch Date Maturity Sale Date
Share Price at Sale /
Maturity Date Original Cost Value
Par Value at
Sale/Maturity
Gain / (Loss) on
Sale / Redemption
Interest Earnings
Since Purchase Issuer CUSIP Held by
2,450 01/26/23 2/1/2024 2/1/2024 100.000000 $245,000.00 $245,000.00 $0.00 $12,250.00 Affinity FEDL Credit UNBasking Ridge NJ SHS CTF 00832KBH1 Stifel 10,000 07/27/23 8/10/2028 2/1/2024 100.000000 1,000,000.00 1,000,000.00 0.00 30,250.00 FEDL Home Loan MTG CorpMedium Term Note 3134GYY71 Stifel 10,000 02/07/23 2/14/2025 02/14/24 100.000000 1,000,000.00 1,000,000.00 0.00 $50,000.00 FEDL Home Loan Bank Bond 3130AUUN2 Stifel 10,000 07/31/23 8/16/2027 02/16/24 100.000000 1,000,000.00 1,000,000.00 0.00 30,000.00 FEDL Home Loan MTG CorpMedium Term Note 3134GYYJ5 Stifel 2,450 02/13/23 2/23/2024 2/23/2024 100.000000 245,000.00 245,000.00 0.00 12,495.02 Coop Choice Network CUPeoria IL CD 21686QAE9 Stifel
2,450 11/14/22 11/23/2027 02/23/24 100.000000 245,000.00 245,000.00 0.00 $16,104.53 Coop Choice Network CUPeoria IL CD 48836LAW2 Stifel
2,450 02/14/23 2/26/2024 2/26/2024 100.000000 245,000.00 245,000.00 0.00 12,440.33 Grow FNL FED CR UNTampa FL SHS CTF 39981MAB8 Stifel
10,000 11/06/23 11/27/2028 2/27/204 100.000000 1,000,000.00 1,000,000.00 0.00 14,500.00 Federal Home Loan Mtg Corp 3134H1KD4 Stifel Total $4,980,000.00 $4,980,000.00 $0.00 $178,039.88
Period Interest Revenue
Previous Month $201,774.71
Previous 12 mos. $1,973,960.01
CITY OF COVINA
Investment Transaction Summary
for the Month Ended February 29, 2024
Purchased Investments
Net Revenue Analysis - for Period Ending Feb 29, 2024
Sold/Matured Investments
3/6/24, 10:43 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
March 06, 2024
LAIF Home
PMIA Average Monthly
Yields
CITY OF COVINA
CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
February 2024 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
2/13/2024 2/13/2024 RW 1748071 1708487 THERESA FRANKE -2,000,000.00 Account Summary
Total Deposit: 0.00 Beginning Balance: 30,619,619.82
Total Withdrawal: -2,000,000.00 Ending Balance: 28,619,619.82 Attachment A-4
Statement Total
Balance Percentage
Cash Balances $8,492,392 8.63%
Local Agency Investment Fund 28,619,620 29.07%
Treasury / Agency 35,965,693 36.53%
Certificate of Deposits 22,359,024 22.71%
Funds Held by Bond Trustees 3,014,929 3.06%
Total $98,451,657 100.00%
CITY OF COVINA
Cash & Investment Holdings by Type as of February 29, 2024 *Average Investment coupon rate: 4.53% (based on weighted average of Original Cost Value) Cash Balances, 8.63%
Local Agency Investment
Fund, 29.07%
Treasury / Agency, 36.53%
Certificate of Deposits,
22.71%
Funds Held by Bond
Trustees, 3.06%
HOLDINGS BY TYPE
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\February 2024\Investment Holdings by Sector - FEB 24 Attachment A-5 City
CASH AND INVESTMENT BALANCE 1/31/2024 $623,662.59
RECEIPTS 2/1/24-2/29/24 0.00
DISBURSEMENTS 2/1/24-2/29/24 0.00
CASH AND INVESTMENT BALANCE 2/29/2024 $623,662.59
ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT $71,047.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 552,614.95
AVAILABLE CASH BALANCES 623,662.59
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 2/29/2024 $623,662.59 FOR THE MONTH ENDED FEBRUARY 29, 2024
The purpose of this report is to provide readers with the overall cash position of the Successor Agency to the Covina Redevelopment Agency (Agency). There is sufficient investment liquidity to meet the pooled expenditures of all Agency's funds for the next 6 months.
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT Attachment A- Agency
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
Successor Agency to the Covina Redevelopment Agency:
Checking Account BMO $71,047.64 N/A Demand $71,047.64
Local Agency Investment Fund State of California 552,614.95 Demand 552,614.95 Subtotal (A) $623,662.59 $623,662.59
Cash Held With 3rd Party Administrator:
(1) 2013 Series A Tax Allocation Bonds U.S. Bank* $0.0 N/A Demand ($0.00) Fiscal Agent: U.S. Bank
(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
Subtotal (B) ($0.00) ($0.00)
TOTAL (A+B) $623,662.59 $623,662.59
* Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED FEBRUARY 29, 2024
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account.
3/6/24, 10:47 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
March 06, 2024
LAIF Home
PMIA Average Monthly
Yields
S/A CITY OF COVINA FOR COVINA
REDEVELOPMENT AGENCY
FINANCE DIRECTOR
125 EAST COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 65-19-007
February 2024 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 552,614.95
Total Withdrawal: 0.00 Ending Balance: 552,614.95
Attachment A-6
Quarter
Ending City Agency*
2/28/2022 $77,615,196 $3,672,155
2/28/2023 $87,238,973 $3,620,670
2/29/2024 $98,451,657 $623,663
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of Feburary 29, 2024 The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
2/28/2022 2/28/2023 2/29/2024
$77,615,196
$87,238,973 $98,451,657
$3,672,155 $3,620,670 $623,663
MONTH ENDING FEB 29, 2024
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\February 2024\Cash Comparison FEB 2024 Attachment A-7 City and Agency
Carrying Cost Plus
Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury:
Bills 26,924,803,816.81 $ 27,291,651,500.00 $ NA
Notes $ 63,298,748,638.50 $ 62,447,680,500.00 $ 388,251,924.50 Federal Agency:
SBA $ 267,820,971.68 $ 267,426,730.80 $ 1,297,607.73
MBS-REMICs $ 2,059,624.46 $ 2,013,463.24 $ 9,008.19
Debentures $ 8,383,258,772.30 $ 8,289,911,050.00 $ 72,399,903.20 Debentures FR $ - $ - $ -
Debentures CL $ 800,000,000.00 $ 787,913,500.00 $ 5,686,111.50 Discount Notes $ 28,871,448,333.25 $ 29,262,665,000.00 NA Supranational Debentures $ 2,819,489,700.14 $ 2,780,695,500.00 $ 22,733,834.60 Supranational Debentures FR $ - $ - $ -
CDs and YCDs FR $ - $ - $ -
Bank Notes
CDs and YCDs $ 16,500,000,000.00 $ 16,500,095,058.09 $ 239,387,680.55 Commercial Paper $ 10,621,501,579.94 10,484,704,916.64 $ NA Corporate:
Bonds FR - $ $ - $ -
Bonds $ 645,582,722.40 $ 628,469,070.00 $ 4,714,625.21
Repurchase Agreements $ - $ - $ -
Reverse Repurchase $ - $ - $ -
Time Deposits $ 4,959,000,000.00 $ 4,959,000,000.00 NA
PMIA & GF Loans $ 325,717,000.00 $ 325,717,000.00 NA
TOTAL $ 164,282,634,496.18 $ 164,164,739,952.07 $ 734,480,695.48 Fair Value Including Accrued Interest $ 164,899,220,647.55 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
State of California
Pooled Money Investment Account
Market Valuation
2/29/2024
Attachment A-8
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: March 19, 2024
Title: Downtown Trash Enclosure Project – Phase IV – Project No. P2407 – Final Acceptance and Filing Notice of Completion
Presented by: Andy Bullington, Director of Public Works Rafael M. Fajardo, Deputy Director of Public Works/City Engineer Recommendation: 1. Accept the work completed by FS Contractors, Inc; and
2. Authorize the City Clerk to file a Notice of Completion for the Downtown Trash Enclosure Project – Phase IV – Project No. P2407.
EXECUTIVE SUMMARY/BACKGROUND:
On October 17, 2023, the City Council awarded a contract to FS Contractors, Inc. in the amount of $123,344 for the construction of a trash enclosure to house several three-yard trash bins at 301 North Citrus Avenue (located north of West Cottage Street and westerly of Citrus Avenue). The work performed by FS Contractors, Inc. has been completed and it is necessary to accept the improvements and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Downtown Trash Enclosure Project – Phase IV – Project No. P2407 in Downtown Covina.
DISCUSSION:
The Downtown Trash Enclosure Project – Phase IV consisted of the installation of a new trash enclosure with the following criteria:
Construct new trash enclosure per City of Covina Standard Plans Installation of customized metal roof panels and metal doors for sustainability Color match to complement other newly constructed amenities in Downtown Covina During construction, the need for both additional work and work to be taken out of the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders which increased the overall contract amount by $2,454.09:
Change Order No. 1: $1,177.50
o Additional Cold Mill & AC Overlay
Change Order No 2: ($400.00)
o Deletion of Work Originally in Drawings/Plans (Tree Removal & Tree Well Removal) Change Order No. 3: $1,676.59
o Anti-Transient Partition – Crossmember for Lateral Stability (Time & Material) A project contingency allocation of $12,000 for unforeseen construction expenses was approved by the City Council as part of the Downtown Trash Enclosure Project – Phase IV, which sufficiently covered all change order expenditures.
FISCAL IMPACT:
The project allowance for construction of the Downtown Trash Enclosure Project – Phase IV for Downtown Covina at 301 North Citrus Avenue (located north of West Cottage Street and westerly of Citrus Avenue) was $250,000 (Account No. 6200-5580-55200-P2407), allocated from Environmental Funds in the City’s approved Fiscal Year 2023-2024 Capital Improvement Program Budget.
The following table represents the final project summary:
Item Actual
Project Appropriations ($250,000)
CEJ Engineers, Inc. (Design) $18,620
FS Contractors, Inc. – Contract Amount (Including
Change Orders) $125,798.09
CEJ Engineers, Inc (Construction Management and
Inspection Services) $14,050
Total Expenditures $158,468.09
Total (UNDER)/OVER BUDGET ($91,531.91)
Cost savings subsequent to the completion of the Downtown Trash Enclosure Project – Phase IV will be returned to the Environmental Fund – Fund Balance for future use.
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.
Respectfully submitted,
ATTACHMENT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina
STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is The City of Covina .
3. The full address of the owner is 125 E College Street, Covina, CA 91723 .
4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on: February 9, 2024 . The work done was:
Downtown Trash Enclosure Project – Phase IV
8. The names of the contractor, if any, for such work improvement was:
FS Contractors, Inc. October 17, 2023
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows: Downtown Trash Enclosure Project – Phase IV
10. The street address of said property is
Downtown Covina at 301 North Citrus Avenue (located north of West Cottage Street and westerly of Citrus Avenue)
(If no street address has been officially signed, insert “None”.) Dated March 19, 2024
Fabian Velez, Deputy City Clerk, City of Covina
VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 19 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: March 19, 2024
Title: Street Residential Resurfacing Project – Project No. P2405 – Award of Contract to Gentry Brothers, Inc. in the Amount of $503,660
Presented by: Andy Bullington, Director of Public Works Rafael M. Fajardo, Deputy Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Street Residential Resurfacing Project – Project No. P2405;
2. Award a contract for the Street Residential Resurfacing Project to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $503,660 and authorize the City Manager to execute the contract;
3. Authorize a contingency amount of $125,000 (approximately 25%) for any unforeseen construction expenses;
4. Award a Professional Services Agreement to CEJ Engineers, Inc for Construction Management & Inspection Services in an amount not-to-exceed $34,800; and
5. Award a Professional Services Agreement to Willdan Engineering, Inc for Pavement Analysis & Testing in an amount not-to-exceed $25,000.
EXECUTIVE SUMMARY:
As part of the City’s Fiscal Year 2023-24 Capital Improvement Program, the City Council approved the Street Residential Resurfacing Project. The project’s objective is to replace existing, worn-out pavement, complete sidewalk repairs as well as improve other appurtenances citywide. If approved by the City Council, this project is slated to rehabilitate five (5) residential streets that total 0.6 miles of pavement rehabilitation and the project area will primarily focus on the following locations:
East Colver Place
North Langham Avenue
North Ivescrest Avenue
North Rimhurst Avenue
East Haller Street
Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is Gentry Brothers, Inc. As such, it is recommended that a contract (Attachment A) be awarded for the Street Residential Resurfacing Project to Gentry Brothers, Inc. as the lowest responsive and responsible bidder and authorize the City Manager to execute the contract.
DISCUSSION:
A Notice Inviting Bids for the Street Residential Resurfacing Project – Project No. P2405 was published in the San Gabriel Valley Examiner on Thursday, February 8th, 15th & 22nd, 2024.
Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, February 27th, 2024.
Beginning at 10:00 a.m. on February 27th, 2024, the City Clerk publicly opened all sealed bids with the following result:
Rank Bidder Location Total Base Bid Amount
1 Gentry Brothers, Inc. Irwindale, CA $503,660.00
Staff has reviewed all bid documents for compliance and has evaluated the contractor’s professional background and recently completed projects for competency. As a result, staff recommends the award of contract to the lowest responsive and responsible bidder, Gentry Brothers, Inc., given that this firm has completed major road reconstruction projects for a number of public agencies in Southern California. Gentry Brothers, Inc. has previously completed work within the City of Covina including the Citrus Avenue Rehabilitation Project and Rowland Avenue Resurfacing Project.
FISCAL IMPACT:
The Street Residential Resurfacing Project was included in the adopted Fiscal Year 2023-24 Capital Improvement Program as follows:
Source of Project Funds Amount Account
Measure M $650,170.00 2420-2200-55310-P2405
Public Works CIP $431,146.80 4200-2200-55310-P2405
Total $1,081,316.80
PROJECT EXPENSES
Description Amount
Contract Base Bid (Gentry Brothers, Inc) $503,660
Contingency Allowance $125,000
Subtotal $628,660
Construction Management (CEJ Engineers, Inc.) $34,800
Pavement Analysis & Testing (Willdan Engineering) $25,000 Total Fiscal Impact $688,460
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.
Respectfully submitted,
ATTACHMENT A
CONTRACT
CITY OF COVINA CONTRACT FOR
STREET RESIDENTIAL RESURFACING PROJECT – PROJECT NO.
P2405
THIS CONTRACT (“Contract”) is made and entered this 19TH day of March, 2024 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and Gentry Brothers, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 397682; Class A. Contractor’s DIR registration number is 10000002240.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Street Residential Resurfacing Project (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Five Hundred and Three Thousand Six Hundred and Sixty Dollars ($503,660) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract,
the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST:
By:
Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
EXHIBIT B
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
STREET RESIDENTIAL RESURFACING PROJECT – PROJECT NO. P2405 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.
Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT C
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
STREET RESIDENTIAL RESURFACING PROJECT – PROJECT NO. P2405 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Street Residential Resurfacing Project – Project No. P2405.
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, 2025, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year term. In no even shall the contract be extended beyond June 30, 2026.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Thirty-Four Thousand Eight Hundred Dollars ($34,800) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to
ATTACHMENT C
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 Joaquin Cervantes (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
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 G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant
shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services 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 in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall
be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this
Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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 Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate
the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed,
and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CEJ Engineers, Inc
a California corporation
By:
Name: Joaquin Cervantes
Title: President
By:
Name: Joaquin Cervantes
Title: Vice President
(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
PROJECT MANAGEMENT AND INSPECTION SERVICES FOR STREET RESURFACING PROJECT P2405 Pg. 3
Exhibit B
Proposed Fee
Proposed fee to not exceed an amount of $34,800.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: FOR STREET RESURFACING PROJECT P2405
JOB NO: SUMMARY PROPOSAL FEE
DATE: 03/04/24
LABOR Task 1 CONSTRUCTION MANAGEMENT
Class Position/Name Hours Rate Subtotal
B Construction Manager 20 $180 $3,600
Subtotal $3,600
LABOR Task 2 INSPECTION SERVICES
B Public Works Observer (Hardcape and LID Improvements) 260 $120 $31,200 per the Bid documents
Subtotal $31,200
Note:
Time Estimation based on a 30 day Project Schedule
PROPOSED FEE
PROPOSED FEE: $34,800
Proposal By / Project Manager: Joaquin Cervantes, P.E
EXHIBIT B
SCOPE OF SERVICES
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 March 4, 2024
CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROJECT MANAGEMENT AND INSPECTION SERVICES FOR STREET RESURFACING PROJECT P2405
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects, and Construction Management & Inspection services. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E, and construction management for various projects in accordance with local and regional standards and policies.
Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.
The CEJ team will provide services for the aspects required for this project as per the scope of work.
The following Exhibits are enclosed:
Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.
Respectfully Submitted,
Joaquin Cervantes, P.E.
Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789
PROJECT MANAGEMENT AND INSPECTION SERVICES FOR STREET RESURFACING PROJECT P2405 Pg. 2
Exhibit A
SCOPE OF WORK
CEJ will provide Construction Project Management and Inspection services for the subject project as indicated on Plans and Specifications to commence on or about April 1, 2024. The major tasks include the following:
1. Perform Quality Assurance monitoring, and surveillances of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.
2. Perform Quality Assurance Audits;
3. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;
4. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;
5. Review the Construction Contractors' cost-loaded schedule initially and monthly prior to recommending payment of monthly invoices;
6. Review monthly Construction Contractors' invoices and recommend payment;
7. Respond to all of the Construction Contractors' Requests for Information;
8. Negotiate all changes in coordination with the City;
9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;
10. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.
11. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;
12. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;
13. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;
14. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.
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 ____________________________________
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Willdan Engineering, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Pavement Analysis & Testing for the Street Residential Resurfacing Project – Project No.
P2405.
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, 2025, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year term. In no even shall the contract be extended beyond June 30, 2026.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant an amount not-to-exceed Twenty-Five Thousand Dollars ($25,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to
ATTACHMENT D
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 Chien Chen, Supervising Engineer (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
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 G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant
shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services 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 in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall
be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this
Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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 Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate
the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Chien Chen
City of Covina Willdan Engineering, Inc
125 E. College Street 1515 S. Sunkist Street, Suite E
Covina, California 91723 Anaheim, CA 92806
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 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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 and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
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: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
Willdan Engineering, Inc
a California corporation
By:
Name: Vanessa Munoz
Title: President
By:
Name: Kate Nguyen
Title: Secretary
(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/SCOPE OF SERVICES
Pavement Analysis & Testing for the Street Residential Resurfacing Project – Project No. P2405 in an amount not-to-exceed $25,000.
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and 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 6
Meeting: March 19, 2024
Title: Speed Hump Installation Project – Fenimore Avenue between Rowland Avenue and Workman Avenue
Presented by: Andy Bullington, Director of Public Works Rafael M. Fajardo, Deputy Director of Public Works/City Engineer Recommendation: Approve recommendation from the Traffic and Mobility Advisory Commission for the installation of speed humps at Fenimore Avenue between Rowland Avenue and Workman Avenue.
EXECUTIVE SUMMARY:
During the past several months, the Public Works Department – Engineering Division has received service requests from residents for the installation of traffic calming speed humps on Fenimore Avenue between Rowland Avenue and Workman Avenue. On February 13, 2024, City staff presented the aforementioned requests to the Traffic and Mobility Advisory Commission for their consideration and possible recommendation to the City Council. The Traffic and Mobility Advisory Commission subsequently reviewed and approved staff’s recommendation for the installation of speed humps on Fenimore Avenue between Rowland Avenue and Workman Avenue.
DISCUSSION:
Fenimore Avenue is a residential, local roadway that runs north/south and carries one lane of traffic in each direction. Fenimore Avenue is stop-controlled at Rowland Avenue and Workman Avenue and the roadway is approximately 36-feet wide from curb face to curb face with parking allowed on the west and east side of the road with no street sweeping restrictions. There is no concrete sidewalk on either side of the street.
Several requests were made to the Engineering Division from residents living on Fenimore Avenue from Rowland Avenue to Workman Avenue for the installation of traffic calming improvements. Residents stated that car speeds are up due to the lack of stop signs and other traffic calming measures. According to the residents, cars are speeding up to the point that an accident might happen at any time.
Residents living at this location submitted a Speed Hump request to the Engineering Division (Attachment A).
City staff reviewed and analyzed their request according to the City’s Speed Hump Policy. City staff determined that this street segment is eligible for speed hump installation pursuant to the following criteria:
A substantial majority (67%) of residents on logical continuous segments of a local residential street must support the installation of speed humps. 68% of residents approved the installation at this street section. The street shall be no more than one lane in each direction. The street should not be a truck route or a transit route. The street should not have grades greater than 5%. On hilly/rolling streets, the eligible segment of the street shall meet the minimum sight distance requirements.
Streets eligible for the installation of speed humps shall have a posted speed limit of 30 mph or less as determined in accordance with State Law, and shall have an 85% percentile speed a minimum of 10 mph over the posted speed limit.
The street should not have grades greater than 5%. On hilly/rolling streets, the eligible segment of the street shall meet the minimum sight distance requirements. Streets less than 1,200 feet and greater than 600 feet may be eligible for speed humps provided they meet all other criteria and the street is continuous to street segments of 1,200 feet or longer with speed humps.
Speed humps have been used as a traffic calming device within Covina 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. Upon installation, the length of pertinent speed humps will be 12-feet with a maximum height of 3 inches; the speed humps can also span the full width of a street tapering at the gutters to not affect storm water flow.
FISCAL IMPACT:
Measure M funds (Account No. 2420-2200-55310) are included in the City’s approved Fiscal Year 2023-2024 Capital Improvement Program Budget for traffic calming improvements. As proposed, the installation of traffic calming measures would be funded under this account.
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.
Respectfully submitted,
ATTACHMENT A
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: March 19, 2024
Title: Hollenbeck Park Pickleball Court Construction Project – Project No. P2404 – Final Acceptance and Filing Notice of Completion
Presented by: Andy Bullington, Director of Public Works Rafael M. Fajardo, Deputy Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Siterep Construction Services, Inc.; and
2. Authorize the City clerk to file a Notice of Completion for the Hollenbeck Park Pickleball Court Construction Project.
EXECUTIVE SUMMARY:
Accept the work performed by Siterep Construction Services, Inc. and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Hollenbeck Park Pickleball Court Construction Project.
BACKGROUND:
On July 18, 2023, the City Council approved a contract for Siterep Construction Services, Inc. in the amount of $217,364 to complete the Hollenbeck Park Pickleball Court Construction Project, which consisted of the construction of four new Pickleball Courts at Hollenbeck Park.
DISCUSSION:
During construction of the new Pickleball Courts at Hollenbeck Park, the need for additional work not included in the original scope of work was identified by the City. Accordingly, the change orders were necessary to install a solar lighting system to illuminate Pickleball courts during evening hours and also provide project management and inspection services. Given that the change orders were collectively greater than $24,999, a request for approval was presented to the City Council for authorization at its September 5, 2023 regular meeting. Following City Council’s approval of the change orders, the following work was subsequently completed by Siterep Construction Services, Inc.:
Change Order No. 1 increased the overall contract amount by $87,413 as follows:
o Installation of solar lighting system to illuminate Pickleball courts during evening hours Change Order No. 2 awarded a Professional Services Agreement to CEJ Engineers, Inc for Project Management and Inspection Services at a cost of $13,700 as follows:
o Specialized project management and inspection services FISCAL IMPACT:
The Hollenbeck Park Pickleball Court Construction Project was included in the adopted Fiscal Year 2023-2024 Capital Improvement Program with a total allocation of $300,000 from Measure CC funds to be transferred into the Parks CIP account number 4600-3400-55200-P2404. At its September 5, 2023 regular meeting, the City Council authorized the increase of the total project allocation to include all change order amounts which increased the overall project appropriation to $412,293.
The following table represents the final project expenditure summary:
Item Actual
Project Appropriations (including Change Orders) ($412,293) Siterep Construction Services, Inc. – Contract
Amount plus Change Orders $324,777
CEJ Engineers, Inc (Project Management and
Inspection Services plus Change Order) $38,580
Professional Creation Landscape (Boulder
Installation & Landscape Work) $4,790
California Signs, Inc (Pickleball Court – Plaque) $2,499.50 Willdan Engineering (Materials Testing/Inspection) $1,405 Pickleball Fence Padding (Anthem Sports, LLC) $1,381.04 Pickleball Paddle Holders (Amazon) $317.36
Boomerang Blueprint (Plans Reproduction) $82.25
Total Expenditures $373,832.15
Total (UNDER)/OVER BUDGET ($38,460.85)
The remaining project balance pertaining to the Hollenbeck Park Pickleball Court Construction Project will be returned to the Measure CC Fund Balance for future consideration.
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.
Respectfully submitted,
ATTACHMENT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina
STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is The City of Covina .
3. The full address of the owner is 125 E College Street, Covina, CA 91723 .
4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on:
February 28,
2024 . The work done was:
Hollenbeck Park Pickleball Court Construction Project
8. The names of the contractor, if any, for such work improvement was:
Siterep Construction Services, Inc. July 18, 2023
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:
Hollenbeck Park Pickleball Court Construction Project
10. The street address of said property is 1250 N. Hollenbeck Park Avenue, Covina, CA 91723 (If no street address has been officially signed, insert “None”.) Dated March 19, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina
VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 19 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: March 19, 2024
Title: Award a Professional Services Agreement for Special District Administration Services, Annexation Services, Continuing Disclosure Services, and Arbitrage Rebate Services Presented by: Andy Bullington, Director of Public Works Recommendation: Authorize the City Manager to execute a Professional Services Agreement with Willdan Financial Services for Special District Administration Services, Annexation Services, Continuing Disclosure Services, and Arbitrage Rebate Services, for a period of five years, with three optional three-year extension terms.
EXECUTIVE SUMMARY/BACKGROUND:
The City has historically retained a consultant to perform certain specialized financial services, namely special district administration services, new annexations, and debt financing services. These services have been provided by a single consultant, under a comprehensive contract, for numerous years. The services rendered are provided to the Departments of Administrative Services, Community Development, and Public Works.
The City maintains six special districts that levy a property tax assessment upon applicable residential and commercial parcels in the community. Assessment revenue is received from the LA County Tax Assessor and utilized by the City to provide for the operation and maintenance of specified benefits within the districts.
Assessment revenue is collected on behalf of the following special districts, and benefits park maintenance, street median and parkway maintenance, street lighting, municipal parking facilities, sewer services, and public safety:
Landscape Maintenance District
Street Lighting District
Vehicle Parking District
Sewer District
Community Facilities District, Public Services
Community Facilities District, Stormwater
Annexations into the districts are processed as applicable, as new land developments are approved by the City.
Additionally, the City maintains outstanding debt financings that require data collection and the filing of annual continuing disclosure reports. Similarly, the City has issued a number of long-term tax-exempt financings to fund various activities that require arbitrage reporting and regulatory compliance throughout the life of each bonded debt.
The aforementioned range of services have been provided to the City by Willdan Financial Services under a long term contract that expired on February 1, 2024. Over the course of the engagement, the contract has experienced six amendments and a one-year renewal PSA that have updated the scope of work over time to reflect the City’s needs.
To better capture the scope of services currently desired by the City, create opportunity for other firms to propose their services to the City, and modernize the consultant engagement, the Department of Public Works has
administered a Request for Proposal (RFP) process. The RFP solicits a qualified firm to provide special district administration services, annexation services, continuing disclosure services, and arbitrage rebate services.
Following the completion of the RFP process, the Department of Public Works recommends approval of a new Professional Services Agreement (PSA) with Willdan Financial Services, for a period of five years, with three optional three-year extension terms.
DISCUSSION:
On January 23, 2024, the Department of Public Works issued an RFP via electronic mail to seven professional consulting firms with expertise in special district administration and debt financing services. The RFP was also posted on the City’s webpage. By 4 p.m. on February 22, 2024, the City Clerk’s Office had received responses from two firms:
A review committee consisting of Administrative Services, Community Development, and Public Works reviewed and evaluated the proposals received by the City. Proposal review focused on the following criteria, as outlined in the RFP:
A. Project understanding/project approach (40 points).
B. Experience (35 points).
C. Project schedule (25 points).
The review committee rated the proposals based on the above criteria. The following table summarizes the ranking of the proposals.
Firm Understanding
(120 pts
available)
Experience
(105 pts
available)
Schedule
(75 pts
available)
Total
(300 pts
available)
Rank
Willdan Financial Services 118 104 67 289 1
DTA 68 78 61 207 2
Willdan Financial Services is the highest rated proposer and is recommended for contract award. The firm has demonstrated a significant knowledge of the City’s desired scope of work and has completed similar assignments for other jurisdictions. Additionally, Willdan Financial Services has performed the subject scope of work as well as other assignments for the City for over 20 years, and the firm’s work has been satisfactory. If awarded, the term of the PSA (Attachment A) will begin on the date of contract award through March 1, 2029, with an option to extend for three additional three-year terms.
FISCAL IMPACT:
The fiscal impact associated with the award of a PSA to Willdan Financial Services for the scope of work described herein is an amount not-to-exceed $78,100 for the first year of the initial five year term. Thereafter, the annual cost will be subject to an annual CPI increase. There is sufficient funding available in Administrative Services, Community Development, and Public Works budgets.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
12923-0001\1917425v3.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Willdan Financial Services, a corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide special district administration services, annexation services, continuing disclosure services, and arbitrage rebate services.
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 March 1, 2029, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional three year terms. In no event shall the contract be extended beyond March 1, 2038.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total not-to-exceed sum of Seventy Eight Thousand One Hundred Dollars ($78,100) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A for 2024. For subsequent years, and upon Consultant request, the maximum compensation may be adjusted on the anniversary date of the contract to reflect any increase in the Consumer Price Index (CPI) for the most recent 12 month period, as described in Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by
ATTACHMENT A
12923-0001\1917425v3.doc
the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
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 Susana Hernandez, Senior Project Manager (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
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.
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.
12923-0001\1917425v3.doc
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
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under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
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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 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
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10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
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City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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 Four Million Dollars ($4,000,000) 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.
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2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone,
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fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of two (2) 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.
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14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works Department Susana Hernandez
City of Covina Willdan Financial Services
125 E. College Street| 27368 Via Industria Suite 200
Covina, California 91723 Temecula, California 92590
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
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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 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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 and, B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
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.
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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]
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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: Fabian Velez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:
By:
Name: Candice K. Lee
Title: City Attorney
Consultant:
Willdan Financial Services,
a Corporation
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
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EXHIBIT A
APPROVED FEE SCHEDULE
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EXHIBIT B
SCOPE OF SERVICES
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: March 19, 2024
Title: Professional Service Agreement with West Coast Arborists for Emergency Tree Removal and Creek Remediation at Wingate Park
Presented by: Andy Bullington, Director of Public Works Rafael Fajardo, Deputy Director of Public Works / City Engineer Recommendation: 1. Authorize the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc. (WCA) in the amount of $27,144.00 for Emergency Tree Removal at Wingate Park; and
2. Adopt Resolution CC 2024-11 to appropriate $49,500 from the General Fund to provide funding for Emergency Tree Removal and additional Creek Remediation efforts at Wingate Park.
EXECUTIVE SUMMARY:
During routine, early morning inspections of City facilities on March 5, 2024, Public Works staff encountered a brush fire at Wingate Park originating in the creek bed. The fire damaged surrounding vegetation and a significant number of mature trees, the latter of which are now in need of emergency remediation. The City is currently contracted with West Coast Arborists, Inc. (WCA) for tree care and maintenance services. As such, City staff recommends the authorization to execute a supplementary Professional Services Agreement (PSA) with WCA for the emergency tree removal as well as adoption of Resolution CC 2024-11 to provide additional funding for creek remediation measures at Wingate Park following removal of all damaged trees.
BACKGROUND/DISCUSSION:
West Coast Arborists, Inc. (WCA) is the City’s current tree maintenance service provider. They have delivered consistent quality service throughout the duration of their contract term including response to emergency tree trimming/removal at the City’s request. As such, in the aftermath of the fire at Wingate Park on March 5, 2024, Public Works staff contacted WCA for a professional assessment of the trees within the affected area. Certified arborists confirmed that thirty-seven (37) Palm Trees were burnt beyond restoration and removal is now highly recommended as a matter of public safety (Attachment A).
City staff finds it imperative for the emergency tree removal to be completed as soon as possible and recommends the City Council authorize the City Manager to execute a new Professional Service Agreement with WCA (Attachment B) in the amount of $27,144.00 for the emergency removal of thirty-seven (37) Palm Trees and creek remediation in the fire-damaged area of Wingate (Kahler-Russel) Park. Adoption of Resolution CC 2024-11 will subsequently provide additional funding for creek remediation measures at Wingate Park following the removal of all damaged trees.
FISCAL IMPACT:
The current agreement with West Coast Arborists, Inc. is funded primarily through the General Fund (10102200- 52330 and 10102550-52320). Sufficient funds exist for the remainder of Fiscal Year 2023-2024 for routine tree care and maintenance services; however, the emergency tree removal requires additional funding to support the services needed. Resolution CC 2024-11 (Attachment C) appropriates $49,500 from the General Fund for the Wingate Park Emergency Tree Removal and Creek Remediation (Account 10102550-52330).
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
City staff has determined that taking the award of contract for tree care and maintenance services would not result in, or have a potential for resulting in, either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and, accordingly, does not qualify as a project" under the California Environmental Quality Act ( CEQA) (Cal. Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), as defined in CEQA Section 21065 and CEQA Guidelines Section 15378. Alternatively, City staff has determined that even if the award of contract were to qualify as a project, the contract award would be categorically exempt from CEQA and the CEQA Guidelines in accordance with Section 15301(h) of the CEQA Guidelines (Existing Facilities - Class 1). 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 City's contract award, including the maintenance of existing landscaping. City staff recommends that the City Council review staff s determinations of exemption, and based on its own independent judgment, concur in the staff s determinations of exemption.
Respectfully submitted,
JOB LOCATION
Kahler Russel Park (735 N. Glendora Ave, Covina CA 91724)
SCOPE OF WORK
Remove (37) Palm trees in canal.
CUSTOMER INFORMATION
Main Contact Billing Contact
FRANK CISNEROS BARBARA DENGLER
CITY OF COVINA
125 E. COLLEGE STREET
COVINA, CA 91723
626.858.7271 [email protected]
CITY OF COVINA
125 E. COLLEGE STREET
COVINA, CA 91723
626.384.5240 [email protected]
Inventory Needed Link Funds to Job # Purchase Order # DIR Project ID # Yes 76281
QTY DESCRIPTION U/M UNIT PRICE TOTAL
696.00 Tree & Stump Removal 0-24 DSH Inch $39.00 $27,144.00 GRAND TOTAL: $27,144.00
COMMENTS
Palms are marked with white dot.
DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the customer's/city's entire tree population from failure. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and accept some degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance with ANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws.
CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956 JOHN PINEDA 03/06/24
ESTIMATED BY TITLE DATE
ACCEPTED BY TITLE DATE
AREA MANAGER
WEST COAST ARBORISTS, INC.
2200 E. Via Burton Street Anaheim, CA 92806
800.521.3714 Phone 714.991.7844 E-Fax WCAINC.COM
Proforma
# 88258
PROFORMA FOR TREE MAINTENANCE SERVICES PROFORMA FOR TREE MAINTENANCE SERVICES Printed on: 3/6/2024 10:02:52 AM Page 1 of 1
ATTACHMENT A
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and West Coast Arborists, Inc. a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide/perform the Emergency Tree Removal and Remediation at Wingate Park.
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, 2024 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond June 30, 2024.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of Twenty-Seven Thousand One Hundred Forty-Four Dollars ($27,144) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
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 John Pineda, Area Manager (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
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 tree care and maintenance services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City
shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
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 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
10. 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 Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this
Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement,
or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
11. 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.
12. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
13. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
14. 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.
15. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works Department Attn: John Pineda, Area Manager City of Covina West Coast Arborists, Inc.
125 E. College Street 2200 E. Via Burton Street
Covina, California 91723 Anaheim, CA 92806
16. 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.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this