Agenda packet — Covina City Council, April 2, 2024 (part 2 of 2)

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

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

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

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

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

Page 127 of 214 ends

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: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:

FC& Sons Roofing, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

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

Page 128 of 214 ends

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

Page 129 of 214 ends

EXHIBIT B

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

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

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

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

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

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

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

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

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

Page 130 of 214 ends

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

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

Page 131 of 214 ends

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

COVINA PUBLIC WORKS YARD ROOF REPAIRS
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

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

Page 132 of 214 ends

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

Page 133 of 214 ends

EXHIBIT D

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

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

COVINA PUBLIC WORKS YARD ROOF REPAIRS
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

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

Page 134 of 214 ends

1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 135 of 214 ends

Page 136 of 214 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: April 2, 2024
Title: Accepting Grant Funds and Authorizing the City Manager or his Designee to Execute All Documents Related to the Energy Efficiency and Conservation Block Grant Program for Purchase of Electric Vehicles
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2024-15, approving the acceptance of the Energy Efficiency and Conservation Block Grant Program for purchase of Electric Vehicles, and amending the Fiscal Year 2023-2024 Operating Budget to accept and appropriate $113,100 in grant funds from the United States Department of Energy, Office of Energy Efficiency and Renewable Energy and authorizing the City Manager or his designee to execute all documents related.

EXECUTIVE SUMMARY / BACKGROUND:

December 19, 2007, the Energy Efficiency and Conservation Block Grant (EECBG) Program was authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA) and signed into Public Law to distribute funds to local governments, states, and Indian tribes. The purpose of the EECBG Program is to assist eligible state, local and tribal governments to fund projects that cut carbon emissions, improve energy efficiency and reduce energy use in response to Section 40552 of the Infrastructure Investment and Jobs Act (IIJA). Section 40552 of the IIJA provides $550 million for EECBG Program for fiscal year 2022 and remains available until expended. Of the amount appropriated by IIJA, The United States Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy distributes the amount in competitive EECBG Program funding.

In December 2023, the City staff worked with Evan Brooks Associates, Inc. to prepare an Equipment Rebate Voucher application for the purchase of three electric vehicles for a potential future micro transit pilot project.

On March 6, 2024, the EECBG team informed the City that the DOE approved the City’s EECBG program Equipment Rebate Voucher application. The approved funding allocation for the City of Covina is $113,100 for the EECBG Program, which is a reimbursable grant.

DISCUSSION:

To move forward with the purchase of electric vehicles under the grant, the City Council must formally authorize the City Manager or his designee to execute the documents related to the EECBG program and adopt Resolution CC 2024-15. This action will allow the City to amend the Fiscal Year 2023-2024 Operating Budget and to appropriate funds in the amount of $113,100 and use funds to purchase the Electric Vehicles and request for reimbursement from the EECBG.

At this time, staff is requesting approval and acceptance of the Energy Efficiency and Conservation Block Grant Program for purchase of three electric vehicles. This action will allow staff to move forward in the grant process with EECBG staff. A detailed presentation for the proposed use of the electric vehicles and related programming will be brought back for Council consideration at a later date, as will any purchases under the EECBG program requiring Council approval.

Page 137 of 214 ends

FISCAL IMPACT:

Resolution CC 2024-15 will establish the following account numbers and amend the Fiscal Year 2023-2024 operating budget.

Account Number Account Title Original
Budget Increase Amended Budget
2270-40-4000-42090
Other Federal Grants-Community Development
– Community Development Admin – Other
Federal Grants
$0 $113,100 $113,100
2270-40-4000-55550
Other Federal Grants-Community Development
– Community Development Admin – Motor
Vehicles
$0 $113,100 $113,100
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

Page 138 of 214 ends

ATTACHMENT A
RESOLUTION CC 2024-15

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

CALIFORNIA, APPROVING THE ACCEPTANCE OF THE ENERGY

EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM FOR

PURCHASE OF ELECTRIC VEHICLES, AND AMENDING THE FISCAL
YEAR 2023-2024 OPERATING BUDGET TO ACCEPT AND
APPROPRIATE $113,100 IN GRANT FUNDS FROM THE UNITED

STATES DEPARTMENT OF ENERGY, OFFICE OF ENERGY

EFFICIENCY AND RENEWABLE ENERGY AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS

RELATED
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Department of Energy, Office of Energy Efficiency and Renewable Energy distributes funds to local governments, states, and Indian tribes through the Energy Efficiency and Conservation Block Grant Program, as required by the California legislation, Title V, Subtitle E of the Energy Independence and Security Act of 2007; and WHEREAS, the Department of Energy distributes funds to assist eligible entities in implementing strategies to reduce fossil fuel emissions, to reduce total energy use, and to improve energy efficiency; and
WHEREAS, the City of Covina applied for an Equipment Rebate Voucher Application under the Energy Efficiency and Conservation Block Grant Program for Fiscal Year 2023-24; and WHEREAS, the City of Covina received a grant award from the United States Department of Energy’s Office of State and Community Energy Programs, totaling a maximum of One Hundred Thirteen Thousand One Hundred Dollars ($113,100) in reimbursable funds for future electric vehicle purchases; and
WHEREAS, the budget for the City of Covina for the fiscal year commencing July 1, 2023, and ending June 30, 2024, was approved on May 16, 2023; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget in order to facilitate a project the City Council deems necessary and important; and WHEREAS, those amendments to the Budget shall be by approval and memorialized by Resolution of the City Council.

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

Page 139 of 214 ends

Resolution CC 2024-02 Page 2 of 2
SECTION 1. Authorize the City Manager or his designee to execute and submit all documents related to the acceptance, allocation and use of EECBG grant funds including reimbursement requests as necessary for an equipment rebate.

SECTION 2. The Fiscal Year 2023-2024 Operating Budget shall be amended and shall establish the necessary accounts as follows:

APPROVED and PASSED this 2
nd day of April, 2024.

City of Covina, California
BY:

WALTER ALLEN, III, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-15 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 2
nd day of April, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

Page 140 of 214 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: April 2, 2024
Title: Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403 – Award of Contract to Green Giant Landscape, Inc. for an Amount of $1,469,700 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 Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403;

2. Award a contract for the Hollenbeck Park Urban Greening Revitalization Project to Green Giant Landscape, Inc. as the lowest responsive and responsible bidder in the amount of $1,469,700 and authorize the City Manager to execute the contract;

3. Authorize a contingency amount of $150,000 (approximately 10% of contract amount) for any unforeseen construction expenses; and

4. Approve a Professional Services Agreement with CEJ Engineers, Inc. for Construction Management and Inspection Services pertaining to the Hollenbeck Park Urban Greening Revitalization Project in an amount not-to-exceed $95,160.

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2023-2024 Capital Improvement Program, the City Council approved a project entitled “Hollenbeck Park Improvements Project.” The project’s primary objective is to revitalize Hollenbeck Park from a generally turf-oriented public park into an urban forest and interpretive garden by replacing approximately 102,000 square feet (2.3 acres) of excess grass areas along the park’s perimeter into a drought tolerant urban forest with plant species native to the San Gabriel Valley region.

On September 19, 2023, a Professional Services Agreement (PSA) was awarded to David Volz Design Landscape Architects, Inc. for the design of the Hollenbeck Park Urban Greening Revitalization Project. Subsequent to the completion of the project’s design phase, the City was recently awarded approximately $2,000,000 for the Hollenbeck Park Urban Greening Revitalization Project by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) via the RMC’s Climate Resilience Grant Program. The revitalization of Hollenbeck Park plans to incorporate several amenities that will directly benefit the local community and the environment including:
 An interactive, educational hummingbird and butterfly nature garden  Planting of native, drought-tolerant shade trees and shrubs  Community education and interpretive garden signage
 0.5 mile of a permeable walking trail along the park’s perimeter  Solar pedestrian lighting
 A bioswale and retention basins along the project’s southern boundary to provide for groundwater recharge through storm-water and dry-weather capture that also helps against periodic flooding within the park
 Fitness stations (to be paid for with an alternate funding source)

Page 141 of 214 ends

Upon project completion, it is anticipated that these new amenities will enhance the user experience for Covina residents by adding a new walking trail and additional amenities for the enjoyment of park visitors.

DISCUSSION:

A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, March 7th , 14th & 21st 2024. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, March 26th, 2024.

Beginning at 10:00 a.m. on March 26th, 2024, the City Clerk publicly opened three (3) sealed bids with the following results:

Rank Bidder Location Total Base Bid Amount
1 Green Giant Landscape, Inc La Habra, CA $1,469,700
2 FS Contractors, Inc Sylmar, CA $1,818,255
3 Siterep Construction Services, Inc San Dimas, CA $1,838,411.85 City staff 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, Green Giant Landscape, Inc. given that this firm has completed major projects for a number of public agencies in Southern California. Green Giant Landscape, Inc. has previously completed work within the City of Covina including the Covina Park Walking/Bike Trail Project and Banna Park Construction Project.

FISCAL IMPACT:

The Hollenbeck Park Urban Greening Revitalization Project was included in the adopted Fiscal Year 2023-24 Capital Improvement Program as follows:

Source of Project Funds Amount Account
RMC Grant Funds $2,000,000 4600-3400-55200-P2403
Total $2,000,000

PROJECT EXPENSES

Page 142 of 214 ends

Description Amount
Contract Base Bid (Green Giant Landscape, Inc) $1,469,700 Contingency Allowance $150,000
Subtotal $1,619,700
Construction Management & Inspection Services (CEJ Engineers, Inc.) $95,160 Total Fiscal Impact $1,714,860
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,

Page 143 of 214 ends

Page 144 of 214 ends

Bidder
Unit Price Total Unit Price Total Unit Price Total
1 Clearing and Grubbing LS 1 $ 75,000.00 $ 75,000.00 $ 95,000.00 $ 95,000.00 $ 162,420.00 $ 162,420.00 2 Soil Export from Bioswale and Grading CY 225 $ 60.00 $ 13,500.00 $ 100.00 $ 22,500.00 $ 60.45 $ 13,601.25 3 Construct Bioswale including amended soil, underdrains and earthwork as indicated on the plans and specifications. SF 1,450 $ 20.00 $ 29,000.00 $ 10.00 $ 14,500.00 $ 6.60 $ 9,570.00 4 Construct Turf swale including amended soil, underdrains and earthwork as indicated on the plans and specifications. SF 2,450 $ 20.00 $ 49,000.00 $ 10.00 $ 24,500.00 $ 5.60 $ 13,720.00 5 Remove, dispose, and construct 4-inch thick pcc sidewalk per sppwc std. plan 113-2. SF 3,500 $ 13.00 $ 45,500.00 $ 15.00 $ 52,500.00 $ 11.25 $ 39,375.00 6 Remove, dispose, and construct 6-inch thick pcc sidewalk per sppwc std. plan 113-2. SF 2,290 $ 16.00 $ 36,640.00 $ 15.50 $ 35,495.00 $ 17.50 $ 40,075.00 7 Remove, dispose, and Construct pcc curb ramp per sppwc std. plan 111-5, case A, type 1. EA 1 $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 9,200.00 $ 9,200.00 8 Install 4"-8" Cobble Rock as indicated on the construction plans. SF 155 $ 40.00 $ 6,200.00 $ 20.00 $ 3,100.00 $ 13.55 $ 2,100.25 9 Install poured in place rubber surfacing W/EPDM Wear Course (Walking Path) as indicated on the construction plans per Robertson Recreational Surfaces Phil Manzanares (909) 921-0025 or approved equal.

SF 14,280 $ 17.00 $ 242,760.00 $ 25.00 $ 357,000.00 $ 19.60 $ 279,888.00 10 Install poured in place rubber surfacing W/EPDM Wear Course (Fitness Area) as indicated on the construction plans per Robertson Recreational Surfaces Phil Manzanares (909) 921- 0025 or approved equal.

SF 2,500 $ 19.00 $ 47,500.00 $ 25.00 $ 62,500.00 $ 22.00 $ 55,000.00 11 Install Permeable Stabilized Decompose Granite as indicated on construction plans. SF 1110 $ 30.00 $ 33,300.00 $ 4.00 $ 4,440.00 $ 6.05 $ 6,715.50 12 Construct 6” PCC Maintenance Band as indicated on the construction plans. LF 360 $ 25.00 $ 9,000.00 $ 38.00 $ 13,680.00 $ 24.70 $ 8,892.00 13 Construct 6” PCC Curb at Rubberized Surfacing as indicated on the construction plans. LF 2,550 $ 25.00 $ 63,750.00 $ 38.00 $ 96,900.00 $ 23.55 $ 60,052.50 14 Construct 20” PCC Deepened Curb at Playground as indicated on the construction plans. LF 35 $ 50.00 $ 1,750.00 $ 45.00 $ 1,575.00 $ 191.45 $ 6,700.75 15 Construct PCC Curb and Gutter per SPPWC Type A2-6. LF 40 $ 100.00 $ 4,000.00 $ 60.00 $ 2,400.00 $ 97.50 $ 3,900.00 16 Furnish and install Waste Receptacle as indicated on construction plan and specifications. EA 6 $ 3,000.00 $ 18,000.00 $ 2,600.00 $ 15,600.00 $ 2,550.00 $ 15,300.00 17 Refurbishing and relocate picnic table as indicated on the construction plan and specifications. LS 1 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 2,600.00 $ 2,600.00 18 Furnish and install bench as indicated on the construction plans. EA 4 $ 5,000.00 $ 20,000.00 $ 1,500.00 $ 6,000.00 $ 1,075.00 $ 4,300.00 19 Furnish and install removable bollards as indicated on the construction plans EA 4 $ 3,000.00 $ 12,000.00 $ 1,600.00 $ 6,400.00 $ 650.00 $ 2,600.00 20 Furninsh and install boulders as indicated on the construction plans. LS 1 $ 15,000.00 $ 15,000.00 $ 8,000.00 $ 8,000.00 $ 16,000.00 $ 16,000.00 21 Furnish and install interpretive signage (Pollinator Garden and Infiltration Area) LS 1 $ 10,000.00 $ 10,000.00 $ 6,000.00 $ 6,000.00 $ 5,100.00 $ 5,100.00 22 Furnish and install electrical and solar lighting as indicated on the construction plans LS 1 $ 237,245.00 $ 237,245.00 $ 330,000.00 $ 330,000.00 $ 163,000.00 $ 163,000.00 23 Furnish and install Fitness equipment as indicated on the construction plans. LS 1 $ 125,000.00 $ 125,000.00 $ 120,000.00 $ 120,000.00 $ 88,000.00 $ 88,000.00 24 Soil preparation and fine grading SF 132,000 $ 0.20 $ 26,400.00 $ 0.30 $ 39,600.00 $ 0.30 $ 39,600.00 25 Weed Abatement SF 132,000 $ 0.10 $ 13,200.00 $ 0.25 $ 33,000.00 $ 0.17 $ 22,440.00 26 Install 15 Gallon tree as indicated on the construction plans. EA 171 $ 250.00 $ 42,750.00 $ 200.00 $ 34,200.00 $ 380.00 $ 64,980.00 27 Install 15 Gallon shrubs as indicated on the construction plans EA 60 $ 250.00 $ 15,000.00 $ 150.00 $ 9,000.00 $ 226.65 $ 13,599.00 28 Install 5 Gallon shrubs as indicated on the construction plans LS 706 $ 50.00 $ 35,300.00 $ 35.00 $ 24,710.00 $ 51.30 $ 36,217.80 29 Install 1-gallon shrubs as indicated on the construction plans EA 1,747 $ 15.00 $ 26,205.00 $ 15.00 $ 26,205.00 $ 18.40 $ 32,144.80 30 Turf - Sod as indicated on the construction plans. EA 83,800 $ 1.50 $ 125,700.00 $ 2.75 $ 230,450.00 $ 1.40 $ 117,320.00 31 Furnish and install irrigation system LS 1 $ 50,000.00 $ 50,000.00 $ 80,000.00 $ 80,000.00 $ 444,000.00 $ 444,000.00 32 Furnish and install wood mulch (3" layer) as indicated on the construction plans CY 400 $ 40.00 $ 16,000.00 $ 85.00 $ 34,000.00 $ 105.00 $ 42,000.00 33 Ninety (90) calendar days maintenance period. LS 1 $ 5,000.00 $ 5,000.00 $ 18,000.00 $ 18,000.00 $ 18,000.00 $ 18,000.00 $ 1,469,700.00 $ 1,818,255.00 $ 1,838,411.85
Unit Price Total Unit Price Total Unit Price Total
1 Construct Basketball Court as indicated on the construction plans. LS 1 $ 127,800.00 $ 127,800.00 $ 120,000.00 $ 120,000.00 $ 241,300.00 $ 241,300.00 $ 127,800.00 $ 120,000.00 $ 241,300.00
$ 1,597,500.00 $ 1,938,255.00 $ 2,079,711.85
Subtotal
Total Base Bid and Alternate
Total Base Bid
Bid Alternate No. 1 Basketball Court
Item Description Unit Qty.

FS Construction SiteRep Construction
Item Description Unit Qty.

City of Covina
Bid Analysis - March 26, 2024 at 10:00 am
Hollenbeck Park Urban Greening Revitalization Project
GreenGiant Landscape

Page 145 of 214 ends

ATTACHMENT A

Page 146 of 214 ends

ATTACHMENT B

CONTRACT

CITY OF COVINA CONTRACT FOR

HOLLENBECK PARK URBAN GREENING REVITALIZATION PROJECT
– PROJECT NO. P2403
THIS CONTRACT (“Contract”) is made and entered this 2
nd day of April, 2024 (“Effective Date”),
by and between the CITY OF COVINA, a California municipal corporation (“City”) and Green Giant Landscape, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 670478; Class A, C-27, C-13. Contractor’s DIR registration number is 1000012438.

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 Hollenbeck Park Urban Greening Revitalization Project – Project No.

P2403 (“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 One Million Four Hundred and Sixty-Nine Thousand and Seven Hundred Dollars ($1,469,700) 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,

Page 147 of 214 ends

ATTACHMENT B
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]

Page 148 of 214 ends

ATTACHMENT B

CITY OF COVINA
By:

City Manager
ATTEST:

By:

Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Page 149 of 214 ends

ATTACHMENT B

EXHIBIT A

Page 150 of 214 ends

ATTACHMENT B

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:

HOLLENBECK PARK URBAN GREENING REVITALIZATION PROJECT – PROJECT NO.

P2403
(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 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.

Page 151 of 214 ends

ATTACHMENT B
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:

Page 152 of 214 ends

ATTACHMENT B

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:

HOLLENBECK PARK URBAN GREENING REVITALIZATION PROJECT – PROJECT NO.

P2403
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Page 153 of 214 ends

ATTACHMENT B
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 154 of 214 ends

ATTACHMENT C

Page 155 of 214 ends

Page 156 of 214 ends

Page 157 of 214 ends

Page 158 of 214 ends

Page 159 of 214 ends

Page 160 of 214 ends

Page 161 of 214 ends

Page 162 of 214 ends

Page 163 of 214 ends

Page 164 of 214 ends

Page 165 of 214 ends

Page 166 of 214 ends

Page 167 of 214 ends

Page 168 of 214 ends

Page 169 of 214 ends

Page 170 of 214 ends

Page 171 of 214 ends

Page 172 of 214 ends

Page 173 of 214 ends

Page 174 of 214 ends

Page 175 of 214 ends

Page 176 of 214 ends

Page 177 of 214 ends

Page 178 of 214 ends

Page 179 of 214 ends

Page 180 of 214 ends

Page 181 of 214 ends

Page 182 of 214 ends

Page 183 of 214 ends

Page 184 of 214 ends

Page 185 of 214 ends

Page 186 of 214 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated April 2, 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 Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403.

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 Ninety Five Thousand One-Hundred and Sixty Dollars ($95,160) (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

Page 187 of 214 ends

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 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

Page 188 of 214 ends

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

Page 189 of 214 ends

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.

Page 190 of 214 ends

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

Page 191 of 214 ends

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.

Page 192 of 214 ends

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

Page 193 of 214 ends

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.

Page 194 of 214 ends

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,

Page 195 of 214 ends

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.

Page 196 of 214 ends

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.

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

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

Page 197 of 214 ends

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.)

Page 198 of 214 ends

EXHIBIT A

APPROVED FEE SCHEDULE

Page 199 of 214 ends

PROJECT MANAGEMENT AND INSPECTION SERVICES HOLLENBECK PARK URBAN GREENING PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed fee to not exceed an amount of $95,160.00
DATE: 01/28/24
LABOR Task 1 CONSTRUCTION MANAGEMENT
Class Position/Name Hours Rate Subtotal
B Construction Manager 110 $180 $19,800
Subtotal $19,800
LABOR Task 2 INSPECTION SERVICES
B Public Works Observer (Hardcape and LID Improvements 628 $120 $75,360 per the Bid documents
Subtotal $75,360
Note:

Time Estimation based on a 90 day Project Schedule

PROPOSED FEE
PROPOSED FEE: $95,160
Proposal By / Project Manager: Joaquin Cervantes, P.E

Page 200 of 214 ends

EXHIBIT B

SCOPE OF SERVICES

Page 201 of 214 ends

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 January 28, 2024

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

PARK URBAN GREENING PROJECT
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects, 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

Page 202 of 214 ends

PROJECT MANAGEMENT AND INSPECTION SERVICES HOLLENBECK PARK URBAN GREENING PROJECT 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.

Page 203 of 214 ends

EXHIBIT C

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

Page 204 of 214 ends

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 ____________________________________

Page 205 of 214 ends

Page 206 of 214 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: April 2, 2024
Title: Resolution of the City Council of the City of Covina, California, in Support of the Homelessness, Drug Addiction, and Theft Reduction Act
Presented by: Angel Carrillo, Deputy City Manager
Recommendation: That the City Council Consider adopting Resolution CC 2024-16.

EXECUTIVE SUMMARY:

In November 2014, California voters passed Proposition 47. It required a misdemeanor sentence instead of felony for certain drug and property offenses. In the ten years since it passed, the results and unintended consequences have been debated leaving many counties, cities and law enforcement agencies expressing frustration with the impacts of the reduced misdemeanor sentences and inability to prosecute habitual offenders.

The City received a request to consider adopting a Resolution in support of THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT. Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act is currently collecting signatures to qualify for the 2024 November General Election. The Act would provide targeted reforms to Proposition 47 that the authors feel legislative proposals alone are unable to deliver. It is requested that the City Council consider the attached resolution and provide further direction, as necessary.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

Page 207 of 214 ends

Page 208 of 214 ends

ATTACHMENT A
RESOLUTION CC 2024-16

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

CALIFORNIA, IN SUPPORT OF THE HOMELESSNESS, DRUG

ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 also led to unintended consequences over the past decade; and
WHEREAS, unintended consequences of Prop 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47; and
WHEREAS, initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act is currently collecting signatures to qualify for the 2024 November General Election; and
WHEREAS, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver; and
WHEREAS, rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught; and WHEREAS, this measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets; and WHEREAS, the fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California; and
WHEREAS, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, the Homelessness, Drug Addiction, and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and WHEREAS, it’s time for meaningful reforms to our justice system that ensure our communities are safe.

Page 209 of 214 ends

Resolution CC 2024-16 Page 2 of 2

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

SECTION 1. The City Council formally expresses support for the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 2nd day of April, 2024
City of Covina, California
BY:

WALTER ALLEN, III, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-16 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 2
nd day of April, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Page 210 of 214 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 2
Meeting: April 2, 2024
Title: Resolution CC 2024-17 Declaring the Results and Reciting the Fact of the Covian General Municipal Election Held March 5, 2024
Presented by: Fabian Velez, Chief Deputy City Clerk
Recommendation: Adopt Resolution CC 2024-17 reciting the fact of the General Municipal Election held on March 5, 2024, declaring the result and other such matters as provided by law.

EXECUTIVE SUMMARY:

On October 17, 2023, the City Council adopted Resolution CC 2023-100 calling and giving notice of the General Municipal Election to be held on March 5, 2024, for the purpose of electing two members of the City Council for full terms of four years.

Per Elections Code Section 10263(b), for a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly-scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newlyelected officers.

DISCUSSION:

The Los Angeles County Registrar-Recorder/County Clerk expects to complete the canvass of the election on Friday, March 29, 2024. The Registrar will provide an Official Canvass Certificate and Official Statement of Votes Cast of the Election Results soon after. Resolution CC 2024-17 declares the results of the Election, Exhibit A to the resolution will contain the Registrar’s Certificate of Canvass and Statement of Votes Cast. Based on the vote count as of the time this report was prepared, the results of the election were as follows:
 Walter Allen, III, was elected as a member of the City Council, 2 nd District, for a full term of four years.
 Patricia Cortez, was elected as a member of the City Council, 4th District, for a full term of four years.

The City does not expect the finalization of the election canvass to change the final result of the election. Staff will provide the jurisdiction-specific certificate which includes the number of votes case at vote centers, number of mail-in ballots cast, and total percentage of registered voters who cast ballots, to the Council and the public as soon as possible after being received from the Registrar and will be attached as Exhibit A to Resolution CC 2024-

17. Following the City Council’s adoption of the resolution declaring the election result, pursuant to Elections Code Section 0263(b), the newly-elected candidates will be sworn into office.

FISCAL IMPACT:

There is no fiscal impact for the adoption of this resolution. The approved Elections Budget for Fiscal Year 2023- 2024 was $200,000. Although the final invoices have not been received, it is anticipated that the cost will not surpass the budgeted amount.

Page 211 of 214 ends

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

Page 212 of 214 ends

ATTACHMENT A
RESOLUTION CC 2024-17

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

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON MARCH 5, 20247, DECLARING THE RESULT,

AND DECLARING SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, the General Municipal Election was held and conducted in the City of Covina, California, on Tuesday, March 5, 2024, as required by law; and WHEREAS, notice of the election was given in the time, form, and manner as provided by law; voting centers were properly established; election officers were appointed; and, in all respects, the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Election Department will canvass the returns of the election and will certify the results to this City Council, and once the results are received, will be attached and made a part hereof as “Exhibit A.”

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

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

SECTION 1. The whole number of votes cast in the precincts, except vote by mail voter ballots, was ___. The whole number of votes by mail voter ballots cast in the City was ____, making a total of ____ votes cast in the City.

SECTION 2. The names of persons voted for at the election for Member of the City Council are as follows:

District 2:
 WALT ALLEN
District 4:
 PATRICIA CORTEZ
 SUSAN ZERMENO
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit “A” attached hereto.

SECTION 4. The City Council does declare and determine that: Walt Allen was elected as Member of the City Council for District 2 for a full term of four years and Patricia Cortez was elected as Member of the City Council for District 4 for a full term of four years.

SECTION 5. The Chief Deputy City Clerk shall enter on the records of the City, a statement of the result of the election, showing: (1.) the whole number of votes (ballots) cast in the

Page 213 of 214 ends

Resolution CC 2024-17 Page 2 of 2
City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the number of votes given in the city to each person.

SECTION 6. The Chief Deputy City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Chief Deputy City Clerk. The Chief Deputy City Clerk or his Deputy(ies) shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. The Chief Deputy City Clerk shall certify to the adoption of this Resolution and enter it into the City’s book of original resolutions.

PASSED, APPROVED and ADOPTED this 2
nd day of April, 2024.

City of Covina, California
BY:

WALTER ALLEN, III, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-17 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 2
nd day of April, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

Page 214 of 214 ends

Covina City CouncilApril 2, 2024

Covina City Council
April 2, 2024