Covina City Council
November 19, 2024

347 W MONTANA STREET
PASADENA, CA 91103

LANDSCAPE ARCHITECTURE
415-640-4193
CA #5571
Hourly Rates for Fiscal Year 2023-2024
Principal, Jaime Yamashita ............................... $ 145/ hr.

The principal will be billed at $145 per hour.

Hourly Rates for Fiscal Year 2024 -2025
Principal, Jaime Yamashita ............................... $ 170/ hr.

The principal will be billed at $170 per hour.

JLHA Rate Schedule for NPDES MS4 and IW/FOG Control Program Services JLHA Rate Schedule 2023
Principal $220 / hour
Director $195 / hour
Program Manager $195 / hour
Staff Engineer $195 / hour
Project Manager $185 / hour
Assistant Project Manager $165 / hour
Project Engineer $165 / hour
Senior Compliance Specialist $145 / hour
Compliance Specialist II $135 / hour
Project Analyst II $135 / hour
Compliance Specialist I $125 / hour
Project Analyst I $125 / hour
Administrative Assistant, Laborer (OSHA 40hr certified) $85 / hour Inspection – Combined NPDES (industrial/commercial) and IW/FOG $160 / unit Inspection – Combined Clean Bay Restaurant (CBR) and FOG $160 / unit Inspection – NPDES (industrial/commercial) or IW/FOG facility $135 / unit State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $290 / hour Subcontracted equipment Cost + 5%
This rate schedule is subject to consumer price index (CPI) increases in subsequent years.

Rate schedule is effective 7/1/23 thru 6/30/28.
.

Contract does not allow a CPI increase for
this time period.

2024-2024 rates for Magnolia Environmental, LLC
Testing/Monitoring Equipment:

High Flow Air sampling pump-E-Pro HD 230V pump w/locking flow valve and tubing Rate: $72.00/Daily
Photoionization Detector (PID) Honeywell Mini RAE- w/Daily Calibration Gas Rate:
$168.00/Daily
Photoionization Detector (PID) Honeywell Multi RAE- w/Daily Calibration Gas Rate:
$168.00/Daily
XRF PB200I Lead Analyzer- Viken Detection- w/Daily Calibration, up to date leak tests, and routine resourcing
Rate: $588/ Daily
XRF PB200I Lead Analyzer- Heuresis - w/Daily Calibration, up to date leak tests, and routine resourcing
Rate: $588/ Daily
Materials:

PPE- Respirators, Gloves, P100 Filters, safety glasses, face masks, hand sanitizer (due to covid-19 additional safety materials are provided) Rate: $14/Daily
Asbestos Monitoring Cassettes-25mm PCM Asbestos Air
Rate: $4/Daily
Sampling containers & cartridges- for soil, water, asbestos bulk and lead paint Rate: $40/Daily
17226 1/2 Jersey Ave. Artesia,Ca 90701

Laboratory Fee Schedule:

Asbestos Bulk:

Rate: $38 -72 HR TAT
Rate: $46 -24 HR TAT
Rate: $48 -8 HR TAT
Asbestos Air method NIOSH 7400:

Rate: $38 -72 HR TAT
Rate: $46 -24 HR TAT
Rate: $48 -8 HR TAT
Lead Bulk:

Rate: $38 -72 HR TAT
Rate: $46 -24 HR TAT
Rate: $48 -8 HR TAT
17226 1/2 Jersey Ave. Artesia,Ca 90701

17226 1/2 Jersey Ave. Artesia,Ca 90701
* TEL 562-922-3144 www.MagnoliaEnvironmental.com
Laboratory Fee Schedule CONT.

Soil/Solids:

Title 22 Metals- Rate: $192.50
TPH- Diesel- Rate: $106.25
TPH- Gasoline- Rate: $106.25
TPH-C6-C44- Rate: $104.50
VOCs- Volatile Organic Compounds- Rate: $168.00
SVOCs- Semi-volatile Organic Compounds- Rate: $336.00
PCBs- Rate: $192.50
Water/Liquid:

Title 22 Metals- Rate: $192.50
TPH- Diesel- Rate: $106.25
TPH- Gasoline- Rate: $106.25
TPH-C6-C44- Rate: $104.50
VOCs- Volatile Organic Compounds- Rate: $168.00
SVOCs- Semi-volatile Organic Compounds- Rate: $336.00
PCBs- Rate: $192.50
Environmental Report Services:

Soil Confirmation Sampling-Includes sample collection,4 hours of report writing, 4 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. sampling media/containers, Employee PPE. ***Lab fees for lab samples fees NOT Included, see Laboratory Fee Schedule for lab fee costs.

Rate:$970.00
VOC readings/recordings-Charged on an hourly rate, as needed upon contaminant discover and/or prior to suspected contaminated area work.

Recording logs, calibration records provide to client.

Rate $ Varied, Based on personnel rate.

PCB Confirmation Sampling-Includes sample collection,4 hours of report writing, 4 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. sampling media/containers, Employee PPE. ***Lab fees for lab samples fees NOT Included, see Laboratory Fee Schedule for lab fee costs.

Rate:$970.00

17226 1/2 Jersey Ave. Artesia,Ca 90701
* TEL 562-922-3144 www.MagnoliaEnvironmental.com
Environmental Report Services cont.:

Asbestos Survey- Small: Includes sample collection,1 hour of report writing, 1 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 1-6, sampling media/containers, Employee PPE.

Rate:$909.50
Asbestos Survey- Medium: Includes sample collection,2 hours of report writing, 2 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 7-12, sampling media/containers, Employee PPE.

Rate:$1522.50
Asbestos Survey- Large: Includes sample collection, 3 hours of report writing, 3 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 12-24, sampling media/containers, Employee PPE.

Rate:$2556
*** Samples over 24 will be charged at a per sample cost (see laboratory fee schedule above).

Lead Survey- Small: Includes sample collection,1 hour of report writing, 1 hour of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 1-6, sampling media/containers, Employee PPE.

Rate:$909.50
Lead Survey- Medium: Includes sample collection,2 hours of report writing, 2 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 7-12, sampling media/containers, Employee PPE.

Rate:$1,522.50

17226 1/2 Jersey Ave. Artesia,Ca 90701
* TEL 562-922-3144 www.MagnoliaEnvironmental.com
Environmental Report Services cont.:

Lead Survey-Large: Includes sample collection, 3 hours of report writing, 3 hours of inspection and report review. Vehicle transport to and from site and transport of samples to laboratories. Lab fees for sample 12-24, sampling media/containers, Employee PPE.

Rate:$2,556
*** Samples over 24 will be charged at a per sample cost (see laboratory fee schedule above).

Procedure 5 Asbestos- Includes 1 hour of CAC site assessment, communication with SCAQMD personnel, report review, work plan write up, revisions as needed per AQMD, on site meetings with AQMD.

Rate: $997.50
Emergency Procedure 5 Asbestos- On emergency rate for CAC- Includes 3 hours of CAC site assessment, communication with SCAQMD personnel, report review, work plan write up, revisions as needed per AQMD, on site meetings with AQMD.

Rate: $1,531.25
Asbestos Clearance Report- Includes visual inspection, 1 hour of report writing, 1.5 hours of sample collection if needed, and report review.

Vehicle transport to and from site and transport of samples to laboratory. Lab fees for samples if needed, sampling media/cassettes, Employee PPE.

Rate: $795.77
Lead Clearance Report- Includes visual inspection, 1 hour of report writing, 1.5 hours of sample collection if needed, and report review.

Vehicle transport to and from site and transport of samples to laboratory. Lab fees for samples if needed, sampling media/cassettes, Employee PPE.

Rate: $795.77

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com
2024 SCHEDULE OF FEES

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com 2024 SCHEDULE OF FEES
Staff Rates P1
Additional Services P3
Terms and Conditions P10
www.merrelljohnson.com

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 1 STAFF RATES

PROFESSIONAL STAFF
Principal Engineer /hr.

Geotechnical Engineer /hr.

Principal Land Surveyor /hr.

Engineering Geologist $210 /hr.

Associate Engineer /hr.

Project Manager /hr.

ADMINISTRATIVE AND TECHNICAL STAFF
Qualifi ed SWPPP Developer (QSD) /hr.

Qualifi ed SWPPP Practitioner (QSP) /hr.

Laboratory Manager /hr.

Quality Control Manager /hr.

Senior Designer /hr.

Designer /hr.

Project Coordinator /hr.

Administrative Assistant /hr.

Laboratory Technician /hr.

Dispatcher /hr.
$180
$158
$180
$147
$158
$147
$147
$120
$120
$105
$98
$80
$200
$200
$200

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 2 FIELD STAFF | STANDARD RATE
One-Man Survey Crew /hr.

Two-Man Survey Crew /hr.

Special Inspector / Materials Technician /hr.

Non-Destructive Testing Technician (NDT) By Quotation
Core Drilling /hr.

FIELD STAFF | PREVAILING RATE
One-Man Survey Crew /hr.

Two-Man Survey Crew /hr.

Special Inspector / Materials Technician /hr.

Non-Destructive Testing Technician (NDT) By Quotation
Core Drilling /hr.

STAFF RATES
$205 $275 $98 $280
$240
$425 $138 $330

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 3

ADDITIONAL SERVICES
Mileage (Where Applicable) $0.75 /mi.

Materials Sample Transport $96 /hr.

Travel (Where Applicable) See Terms
Per Diem By Quotation
Permit Application Fees By Quotation
Miscellaneous Equipment By Quotation
Geotechnical Investigation By Quotation
Geologic Hazards Report By Quotation
Phase I / II Environmental By Quotation
Percolation Test and Report By Quotation
Infi ltration Test and Report By Quotation
Quality Control Plan By Quotation
On Site / Mobile Laboratory By Quotation
Certifi ed Payroll See Terms
Sub-Contract Services Cost +20%

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 4

ADDITIONAL SERVICES

ASPHALT CONCRETE
ASTM D1188 / CT 308A Bulk Specifi c Gravity and Density of Core (Paraffi n) $78 Ea.

ASTM D1560 / CT 366 Hveem Stabilometer Value (3 Briquettes, Premixed) $204 Ea.

ASTM D1561 / CT 308C Hveem Bulk Specifi c Gravity and Density of Bituminous Mixtures (3 Briquettes) $204 Ea.

ASTM D2041 / CT 309 RICE Theoretical Maximum Density of Bituminous Mixtures $130 Ea.

ASTM D2726 / CT 308C Bulk Specifi c Gravity and Density of Core (NonCoated) $56 Ea.

ASTM D5444 / CT 202 Sieve Analysis of Extracted Aggregate (Bitumen) $68 Ea.

ASTM D6307 / CT 382 Asphalt Binder Content (% Asphalt) $172 Ea.

ASTM D6307 / CT 382 Asphalt Binder Content (% Asphalt) Correction Factor $340 Ea.

ASTM D6926, D2726 Marshall Preparation and Density of Bituminous Mixture (3 Briquettes, Premixed) $204 Ea
.

ASTM D6926, D6927 Marshall Preparation, Stability and Flow of Bituminous Mixture (3 Briquettes, Premixed) $204 Ea.

CT 370, Moisture Content of Asphalt $46 Ea.

Asphalt Pavement Design Recommendations By Quotation
Asphalt Pavement Evaluation By Quotation
Asphalt Pavement Mix Design By Quotation

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 5 CONCRETE
ASTM C39 / CT 521 Compressive Strength of Concrete Cylinder $26 Ea.

ASTM C42 Compressive Strength of Concrete Core (Includes Saw Cut) $56 Ea.

ASTM C78, C293 / CT 523, 524 Flexural Strength of Concrete Beam $68 Ea.

ASTM C469 Modulus of Elasticity of Concrete in Compression $256 Ea.

ASTM C495 Compressive Strength of Lightweight Concrete $56 Ea.

ASTM C496 Splitting Tensile Strength of Concrete Cylinder $68 Ea.

ASTM C567 Density of Structural Lightweight Concrete $68 Ea.

ASTM F1869 Moisture Vapor Emissions Rate of Concrete By Quotation ASTM F2170 Relative Humidity in Concrete (in-situ probe) By Quotation Saw Cut Specimen (Laboratory) $26 Ea.

Core Drill Specimen (Laboratory) $26 Ea.

Concrete Mix Design By Quotation
Concrete Pavement Recommendations By Quotation

ADDITIONAL SERVICES

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 6

ADDITIONAL SERVICES

FIREPROOFING
ASTM E605 Thickness and Density of Sprayed Fire-Resistive Material $68 Ea.

ASTM E736 Cohesion / Adhesion of Sprayed Fire-Resistive Material By Quotation ASTM E761 Compressive Strength of Sprayed Fire-Resistive Material By Quotation

MASONRY
ASTM C42 Compressive Strength of Masonry Core (Includes Saw Cut) $56 Ea.

ASTM C140 Absorption and Moisture Content of CMU $88 Ea.

ASTM C140 Compressive Strength of CMU (Includes Dimensions) $88 Ea.

ASTM C140 Dimensions of CMU $26 Ea.

ASTM C140 Lineal Shrinkage of CMU $214 Ea.

ASTM C140 Shear Strength of Masonry Core $68 Ea.

ASTM C780 A6 Compressive Strength of Mortar Cylinder $26 Ea.

ASTM C1019 Compressive Strength of Grout Prism $26 Ea.

ASTM C1314 Compressive Strength of Masonry Prism (≤ 8 in. x 16 in.) $152 Ea.

ASTM C1314 Compressive Strength of Masonry Prism (> 8 in. x 16 in.) By Quotation Saw Cut Specimen (Laboratory) $26 Ea.

Core Drill Specimen (Laboratory) $26 Ea.

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 7 SOIL AND AGGREGATE
ASTM C29 / CT212 Unit Weight of Aggregate $78 Ea.

ASTM C40 / CT 213 Organic Impurities in Fine Aggregates $78 Ea.

ASTM C88 / CT 214 Soundness of Aggregates $382 Ea.

ASTM C117, D1140 / CT 202 Amount of Material in Soils or Aggregates Finer than No. 200 Sieve by Wash $68 Ea.

ASTM C123 Lightweight Particles in Aggregate (Coarse or Fine) $172 Ea.

ASTM C127/ CT 206 Specifi c Gravity and Absorption of Coarse Aggregate $110 Ea.

ASTM C128 / CT 207 Specifi c Gravity and Absorption of Fine Aggregate $110 Ea.

ASTM C131, C535 / CT 211 Abrasion of Coarse Aggregate by LA Testing Machine By Quotation
ASTM C136, D422 / CT 202 Sieve Analysis of Fine and Coarse Aggregates (without wash) $110 Ea.

ASTM C136, C117, D422, D1140 / CT 202 Sieve Analysis of Fine and Coarse Aggregates (with wash) $172 Ea.

ASTM C142 Clay Lumps and Friable Particles in Aggregates $130 Ea.

ASTM C289 Alkali-Silica Reactivity of Aggregates By Quotation ASTM C566 Total Evaporable Moisture Content of Aggregate by Drying $26 Ea.

ASTM C1252 / CT 234 Fine Aggregate Angularity $182 Ea.

ASTM C1260 Potential Alkali Reactivity of Aggregates (Mortar-Bar) By Quotation ASTM D698, D1557 / CT 216 Laboratory Compaction Characteristics of Soil $172 Ea.

ASTM D1883 California Bearing Ratio of Laboratory Compacted Soils By Quotation ASTM D1883 California Bearing Ratio of Cement Treated Soils By Quotation ASTM D2166 Unconfi ned Compressive Strength of Cohesive Soil By Quotation

ADDITIONAL SERVICES

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 8

ADDITIONAL SERVICES

SOIL AND AGGREGATE
ASTM D2216 / CT 226 Moisture Content by Oven Drying $26 Ea.

ASTM D2419 / CT 217 Sand Equivalent of Soils $130 Ea.

ASTM D2435 / CT 219 Consolidation of Soils $182 Ea.

ASTM D2844 /CT 301 Resistance R-Value of Soils $278 Ea.

ASTM D2844 / CT 301 Resistance R-Value of Cement Treated Soils $382 Ea.

ASTM D2937 Moisture and Density of Ring / Shelby Tube Sample $26 Ea.

ASTM D3080 Direct Shear of Soils (Three-Point) Remolded $330 Ea.

ASTM D3080 Direct Shear of Soils (Three-Point) Undisturbed $270 Ea.

ASTM D3744 / CT 229 Aggregate Durability Index $172 Ea.

ASTM D4318 / CT 204 Liquid Limit, Plastic Limit, and Plasticity Index (Atterberg Limits) $162 Ea.

ASTM D4791 / CT 235 Flat and Elongated Particles $162 Ea.

ASTM D4829 Expansion Index of Soils $162 Ea.

ASTM D5084 / CT220 Hydraulic Conductivity / Permeability of Soils By Quotation ASTM D5821 / CT 205 Crushed / Fractured Particles in Aggregate $140 Ea.

ASTM G51 / CT 643, CT 417, CT 422 Resistivity and pH, Sulfate Content and Chloride Content of Soils $182 Ea.

ASTM G187 Measurement of Soil Resistivity, Two-Electrode $130 Ea.

ASTM G57 Measurement of Soil Resistivity Using the Wenner FourElectrode Method By Quotation CT 227 Cleanness of Coarse Aggregate $172 Ea.

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com | 760-240-8000 9 STEEL | REINFORCING
ASTM A185 Bend Test of Welded Wire Fabric By Quotation
ASTM A185 Shear Test of Welded Wire Fabric By Quotation ASTM A370 Bend Test of Reinforcing Steel By Quotation
A370 Tension of Reinforcing Steel (< No. 11) By Quotation A370 Tension of Reinforcing Steel (>. No. 14) By Quotation

ADDITIONAL SERVICES
STEEL | STRUCTURAL
ASTM A370 Tension of Structural Steel By Quotation
ASTM E18 Bolt Hardness By Quotation
ASTM E18 Bolt Hardness and Wedge Tensile (<100,000 lbf) By Quotation ASTM E18 Nut Hardness and Proof Load By Quotation
ASTM E18 Washer Hardness By Quotation
ASTM E18 Bolt Axial Tensile Test By Quotation
ASTM E18 Bolt Wedge Tensile By Quotation
ASTM E 18 Bolt Hardness and Proof Load By Quotation
Steel Fabricator Certifi cation By Quotation
Structural Steel Coupon Machining By Quotation
Welders Qualifi cation Test (AWS / ASME) By Quotation
AWS-CWI Shop Certifi cation By Quotation

Montenegro Consultants Inc
8660 Mission Dr, Rosemead , CA 91770
Ph. # 626-786-4359
E-mail address: [email protected]
5/21/2024
Billing Rates Schedule 2024-2025

1. Professional Engineer/Architect..................................................................$ 240.00/hr

2. Drafting........................................................................................................$ 120.00/hr

3. Processing/expediting …………………………………………………….$ 150.00/hr

4. Cost of blueprinting. .....................................................................$ cost +10%

5. Mailing , express mail, next day etc.............................................................@ cost

City of Covina, California
$ 175.00
$ 160.00
$ 160.00
$ 130.00
$ 95.00
$ 95.00
$ 125.00
$ 70.00

FEE SCHEDULE
EFFECTIVE JULY 1, 2024
2024 HOURLY RATE SCHEDULE
Project Principal/City Engineer
Project Manager (Registered)
Plan Check Engineer (Registered)
Project Engineer
Engineering/CADD Technician
Public Works Inspector
Public Works Inspector-Prevailing Wage
Administrative/Clerical

DESCRIPTION T+1/2 2T
FM FOREMAN W/PICKUP TRUCK $ 125.00 PER HOUR $ 150.00 $ 175.00 OP OPERATING ENG. $ 123.00 PER HOUR $ 166.00 $ 209.00
LAB LABORER $ 100.00 PER HOUR $ 138.00 $ 176.00
CM CEMENT MASON $ 105.00 PER HOUR $ 145.00 $ 185.00

DESCRIPTION
SKID1 SMALL SKIDSTEER TRACTOR $ 350.00 PER DAY
SKID2 LARGE SKID STEER $ 450.00 PER DAY
MINI MINI EXCAVATOR $ 350.00 PER DAY
ROLL ROLLER $ 350.00 PER DAY
BREAK BREAKER ATTACHMENTS $ 300.00 PER DAY
AUG AUGER ATTACHMENTS $ 300.00 PER DAY
DESCRIPTION O.T.

PM PROJECT MANAGER $ 175.00 PER HOUR $ 263.00
INSP INSPECTOR $ 105.00 PER HOUR $ 157.00
PE PROJECT ENGINEER $ 95.00 PER HOUR $ 142.00

HOURLY RATE

DAILY RATE
SCHEDULE OF HOURLY RATES FOR CONSTRUCTION SERVICES MAY 2024 - MAY 2025

HOURLY RATE
**RATES DO NOT INCLUDE MOBILIZATION AND BONDS**

Field Technician $90 - $105 Labor Compliance Analyst $150 - $165 Engineering Technician $100 - $115 Funds Coordinator $160 - $175 Assistant CAD Drafter $110 - $125 Office Engineer $150 - $165 Senior CAD Drafter $130 - $145 Construction Inspector $150 - $165 Associate Designer $145 - $160 Senior Construction Inspector $160 - $175 Senior Designer $160 - $175 Construction Manager $180 - $195 Design Project Manager $200 - $215 Sr. Construction Manager/Resident Engineer $195 - $210 Assistant Engineer $120 - $135
Associate / Staff Engineer $155 - $170 Public Works Inspector $150 - $165 Senior Civil Engineer $210 - $225 Senior Public Works Inspector $160 - $175 Traffic Analyst Technician $105 - $120 Supervising PW Inspector $170 - $185 Associate Traffic Analyst $160 - $175
Senior Traffic Analyst $170 - $185 Survey Analyst $160 - $175 Professional Transportation Planner $185 - $200 Senior Survey Analyst $165 - $180 Traffic Engineer Technician $100 - $115 2-Man Survey Crew $365 - $400 Associate/Staff Traffic Engineer $155 - $170 Survey & Mapping Specialist $195 - $210 Traffic Engineer $180 - $195 Licensed Land Surveyor $220 - $235 Senior Traffic Engineer $195 - $210
Project Manager $195 - $210 Funds Analyst $150 - $165
Senior Project Manager $215 - $230 Senior Funds Analyst $160 - $175 Deputy City Engineer $185 - $200 Grant Writer $175 - $190 City Engineer $200 - $215 Funds & Grant Project Manager $195 - $210 Principal Engineer $215 - $230
Community Development Technician $80 - $95
Permit Technician $80 - $95 Planning Technician $95 - $110 Plan Check Technician/Analyst/Supervisor $130 - $145 Assistant Planner $115 - $130 Building Inspector $125 - $140 Associate Planner $130 - $145 Senior Inspector $135 - $150 Senior Planner $155 - $170 Plans Examiner/Checker $150 - $165 Planning Manager $180 - $195 Plan Check Engineer $165 - $180
Deputy Building Official $170 - $185 Administrative/Clerical $75 - $90 Building Official $175 - $190 Project Accountant $85 - $95 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: Thru June 30, 2025
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT

WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2024 to June 30, 2025
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.

Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2024 thru June 30, 2025, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.

Rev 05.01.2024V02

DESIGN ENGINEERING
Technical Aide I $81
Technical Aide II $103
Technical Aide III $120
CAD Operator I $128
CAD Operator II $148
CAD Operator III $165
GIS Analyst I $168
GIS Analyst II $184
GIS Analyst III $191
Environmental Analyst I $144
Environmental Analyst II $161
Environmental Analyst III $171
Environmental Specialist $185
Designer I $173
Designer II $179
Senior Designer I $188
Senior Designer II $197
Design Manager $196
Senior Design Manager $206
Project Manager I $186
Project Manager II $207
Project Manager III $217
Project Manager IV $234
Principal Project Manager $238
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $141
Assistant Engineer II $157
Assistant Engineer III $166
Assistant Engineer IV $175
Associate Engineer I $184
Associate Engineer II $192
Associate Engineer III $196
Senior Engineer I $199
Senior Engineer II $204
Senior Engineer III $207
Senior Engineer IV $211
Supervising Engineer $219
Traffic Engineer I $219
Traffic Engineer II $234
City Engineer I $234
City Engineer II $238
Deputy Director $243
Director $249
Principal Engineer $270

BUILDING AND SAFETY
Assistant Code Enforcement
Officer
$106
Code Enforcement Officer $121
Senior Code Enforcement Officer $143
Supervisor Code Enforcement $173
Fire Plans Examiner $173
Senior Fire Plans Examiner $189
Fire Inspector $159
Senior Fire Inspector $173
Fire Marshal $204
Plans Examiner Aide $114
Plans Examiner $173
Senior Plans Examiner $189
Assistant Construction Permit
Specialist
$121
Construction Permit Specialist $128
Senior Construction Permit
Specialist
$150
Supervising Construction Permit
Specialist
$159
Assistant Building Inspector $143
Building Inspector $159
Senior Building Inspector $173
Supervising Building Inspector $189
Inspector of Record $202
Deputy Building Official $205
Building Official $210
Plan Check Engineer $205
Supervising Plan Check Engineer $215
Principal Project Manager $238
Deputy Director $243
Director $249

PLANNING
CDBG Technician $86
CDBG Specialists $103
CDBG Analyst $122
CDBG Coordinator $152
CDBG Manager $183
Housing Program Coordinator $151
Planning Technician $130
Assistant Planner $162
Associate Planner $176
Senior Planner $200
Principal Planner $208
Planning Manager $221
Deputy Director $243
Director $249

CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $146
Labor Compliance Manager $183
Utility Coordinator $167
Office Engineer I $147
Office Engineer II $160
Assistant Construction Manager $167
Construction Manager $185
Senior Construction Manager $201
Resident Engineer I $208
Resident Engineer II $216
Project Manager IV $234
Deputy Director $243
Director $249

INSPECTION SERVICES
Public Works Observer ** $131
Public Works Observer *** $159
Senior Public Works Observer** $143
Senior Public Works Observer *** $159

MAPPING AND EXPERT SERVICES
Survey Analyst I $147
Survey Analyst II $169
Senior Survey Analyst $187
Supervisor - Survey & Mapping $203
Principal Project Manager $238

LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $153
Associate Landscape Architect $176
Senior Landscape Architect $193
Principal Landscape Architect $204
Principal Project Manager $238

ADMINISTRATIVE
Administrative Assistant I $99
Administrative Assistant II $120
Administrative Assistant III $140
Project Accountant I $112
Project Accountant II $132
Project Controller I $140
Project Controller II $158

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: November 19, 2024
Title: First Amendment to Professional Services Agreement with Five Point Design for On-Call Planning Consulting and Landscape Plan Check Services
Presented by: Brian K. Lee, Director of Community Development Recommendation: Approve First Amendment to Professional Services Agreement with Five Point Design.

EXECUTIVE SUMMARY/DISCUSSION
On September 21, 2021, the City Council approved a Professional Services Agreement with Five Point Design, a Sole Proprietor, to perform on-call plan check services for landscape reviews and general landscape related consulting services. At this time, the Community Development Department wishes to amend the agreement to:

1. Extend the term of Agreement to June 30, 2025 to allow for services through the end of the fiscal year.

2. Increase the compensation limit by $20,000 for a new compensation amount for a total of up to and not to exceed $45,000.

3. Amend Exhibit “A” scope of work and hourly rate
Five Point design has shown timely, good quality reviews, punctuality, availability, and demonstrates clear knowledge of the field. The Landscape Architect of Five Point Design, Jaime Yamashita, has provided services to the department for multiple large-scale projects including the Covina Bowl Residential Development, Zest Residential Development, and assistance with Covina Recreation Village such as the design of the native gardens.

Continuing the use of specialized landscape related services facilitates the planning review and building permit process and allows a speedy and quality plan check for projects handled by city staff.

FISCAL IMPACT:

Adequate compensation for Five Point Design on call consulting and Landscape Plan check services are accounted for in the FY2024/2025 operating budget under “Community Development Consulting” 1010-4000- 51005 and “Planning Consulting” 1010-4010-51005. Regarding “Landscape Plan Check” services, the city’s user fee schedule includes fees for landscape review ranging from “Single Family Home” at $354.00 to “Complex Project over 3 acres” at $1,330.00. Fees collected are deposited into a Planning Division “Plan Check” revenue account. In considering the rate for the selected consultant (see “Exhibit A”), the expenditure cost for consultant services will not exceed revenue collected for “landscape plan check”.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.

Respectfully submitted,

ATTACHMENT A

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF COVINA AND

FIVE POINT DESIGN FOR ON CALL CONSULTING AND LANDCAPE PLAN

CHECK SERVICES
THIS FIRST AMENDMENT is made and entered into as of November 19, 2024, by and between the City of Covina, a California municipal corporation (hereinafter referred to as “City”), and Five Point Design,, a Sole Proprietor, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This FIRST Amendment is made with the respect to the following facts and purposes:
a. On September 21, 2021, the City and Consultant entered into that certain Professional Services Agreement for professional landscape architect services for an amount not to exceed $25,000.
b. The parties now desire to extend the term of the agreement to June 30, 2025, Increase compensation by $20,000 for a new compensation amount no to exceeed $45,000.00, and modify Exhibit A to the agreement “Scope of work and hourly rate”; Amending the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled “Term of Agreement” is hereby amended to read as follows:
“The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 13 of this Agreement.”

3. Section 2(a) of the Agreement entitled “Compensation” is hereby amended to read as follows:
“As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Forty-Five Thousand Dollars ($45,000) (“The maximum compensation”), based on the hourly rat4es set forth in the Approved Fee Schedule, attached herto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.”

4. Exhibit “A” to the Agreement is hereby amended by adding thereto the items set forth on Attachment “A” to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

The parties, through their duly authorized representatives, are signing this FIRST Amendment on the date stated in the introductory clause.

2 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
Consultant:

Five Point Design
a Sole Proprietorship
By:

Name: Jaime Yamashita
Title: Primary Landscape Architect
(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.)

3 ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: November 19, 2024
Title: Award Minor Construction & Maintenance Services Agreement to Sky JTC Corporation (dba Sky Painting) for the Painting of the Fuel Station and Various Buildings at the Public Works Yard
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Award Minor Construction & Maintenance Services Agreement for the Public Works Yard Fuel Station and Building Painting Project to Sky Painting in the amount of $76,590.00 and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY/BACKGROUND:

The City of Covina’s Fuel Station, located at the Public Works Yard, provides fuel for the entire City fleet, including that of the Covina Police Department. The fuel tanks, supplying unleaded gasoline and diesel, are housed beneath a metal roof, providing them with protection against inclement weather and overexposure from the sun. Approximately ten years have passed since the structure was last painted and the roof’s existing paint has become dry, cracked and peeling, thus exposing the raw metal beneath. As a result, the unpainted metal is increasingly exposed to harsh weather and potent gas fumes, resulting in noticeable damage, rust and degradation.

In addition to the Fuel Station roof, the City also finds it necessary to paint various Public Works’ buildings, including the Public Works Administration building, the Water, Streets and Emergency Operations Center building, and Facility Maintenance building, as well as storage bays that have not been painted for decades. The facades, including the storage bay roll-up doors, are deteriorating due to years of wear and tear and weather exposure. Painting of the Public Works’ Buildings and the Fuel Station will allow staff to maintain the integrity of the structures, extend their useful life and also provide an aesthetic upgrade in concert with other City facilities.

City staff is recommending to award a Minor Construction & Maintenance Service Agreement to Sky Painting for the Fuel Station Painting and Building Painting Project at the Public Works Yard in the amount of $29,600.00 and $46,990, respectively, for a total contract amount of $76,590.

DISCUSSION:

The Department of Public Works requested informal proposals from three (3) professional and licensed firms that are currently approved as On-Call Contractors for the Department of Public Works, the listing of which approved by City Council on June 4, 2024. The following proposal were received:

Rank Consultant Location Amount
1 Sky JTC Corporation (dba Sky Painting) Los Angeles, CA $76,590.00 2 Painting & Décor, Inc. Anaheim, CA $77,900.00
3 Siterep Construction Services, Inc. San Dimas, CA No Response Staff reviewed the proposals received as well as the consultants’ background for competency. Staff determined that Sky Painting is the successful low bidder based on similar projects completed for other private and public agencies, including the City of Covina in years past.

FISCAL IMPACT:

The Fiscal Year 2024-2025 Budget was approved and adopted at the June 4, 2024 City Council Meeting.

Sufficient funding is available within the FY24-25 operating budget’s Building Maintenance Fund (Account No. 70206100-52400).

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,

Released by Tiger Cho on Oct 28, 2024 Released
1027 S Park View St    •    Los Angeles, CA 90006-2017    •    Phone: 2136747334 City of Covina - Parks & Recreation
Phone: 626-786-8256
Proposal for Gas Tank Awning Metal Painting
PROPOSAL SUBMITTED BY: Tiger Cho / Sky Pain�ng

DESCRIPTION OF WORK
The work will consist of all preparation, painting, finishing work, clean up, providing related materials and equipment necessary to complete exterior work described below

COLOR AND PRODUCT DESCRIPTION
• Color: Exis�ng Color
• Product: Dunn Edwards Paint
• Color Placement: Same as exis�ng

WORKMANSHIP

1. Trained experienced and skilled cra�sman shall perform all work associated with this contract.

2. All employees will be dressed iden�fying themselves as SKY Pain�ng employees. They shall be courteous and respec�ul.

3. All work shall be supervised by an experienced foreman. Our project managers work closely with supervisors and inspect work on regular basis.

4. SKY Pain�ng will provide the best quality workmanship performed by trade in skilled cra�sman in compliance with industry standard; “Pain�ng and Decora�ng Contractors of America Manual” Unless otherwise noted, PDCA Level 2 Standard Surface Prepara�on is applied. (Refer to PDCA P14)

5. Perform work under condi�ons best suited to the produc�on of acceptable work and as per manufacturer recommenda�ons.

6. Provide wet paint signs, barricades, and other devices required to protect newly finished surfaces. 1250 N. Hollenbeck Ave.,
Covina, CA 91722
Job Address:
534 N. Barranca Ave,
Covina, CA 91723
Print Date: 10-28-2024
Buildertrend https://buildertrend.net/app/share/8UslR5SD_FQ/LeadProposal/P... 1 of 4 10/28/2024, 4:34 PM

ATTACHMENT A

7. Furnish sufficient drop clothes, shields, and protec�ve equipment to prevent spray or spla�er from fouling surfaces not being painted.

8. The contractor shall at all-�me take the necessary steps to protect the public and all property from damage during the �me of work.

9. During the process of the work, safety shall be of the utmost important.

10. Clean-up: At the comple�on of work each day, remove all materials, supplies, debris and rubbish caused by Pain�ng Contractor and leave workspaces and paint storage in a clean, acceptable condi�on.

SURFACE PREPARATION
• Pressure wash surfaces to be painted u�lizing appropriate PSI so as not to damage the substrate. Where pressure washing is not possible, legal, or prac�cal, hand wash with detergent and water, sponge, or broom clean these areas to remove dirt and use TSP/bleach to kill any mildew. • Scrape and remove loose paint chips.
• A�er surfaces have been cleaned and allowed to dry, remove any loose or peeling paint using hand tools or power tools in accordance with SSPC-SP2 (Hand Tool Cleaning) and SSPS-SP3 (Power Tool Cleaning) Methods.

Feather-sand all repair edges and dust clean.
• Prime any rusted areas as needed.
• Keep all areas clean and free of debris.

SCOPE OF WORK
Exterior Systems
1) Commercial Grade (Epoxy)

Exclusions: Gas Tank, Bollards, Roof, Wrought Iron Gates, Railroad Side of the Wall 20230327_131003.jpg 20230327_131026.jpg 20230327_131051.jpg 20230327_131053.jpg Gas Tank Awning Metal Painting
Items Description
Commercial Grade (Epoxy) Structural Steel, Beams / Corrugated Ceiling and Fascia Panel Gas Tank Awning Metal Painting Total: $29,600.00
Buildertrend https://buildertrend.net/app/share/8UslR5SD_FQ/LeadProposal/P... 2 of 4 10/28/2024, 4:34 PM

Yard House Painting

TERMS OF CONTRACT

1. Delays and Extension of Time: If the progress of the Work is delayed by inclement weather, flood, earthquake, picketing, boycotts, shortage of materials, acts of public agencies, concealed conditions (as described in Paragraph 2 herein), or other causes beyond the reasonable control of Contractor, the Schedule shall be correspondingly extended and the Contract Sum shall be equitably adjusted to cover Contractor's direct and indirect costs associated with any such delay. This paragraph shall not be construed as limiting any adjustment to the Contract Sum provided for in Paragraph 2 herein.

2. Concealed Conditions: In the event that Contractor encounters adverse concealed conditions not disclosed in writing to Contractor, then the Contract Sum shall be equitably adjusted based upon the direct and indirect costs incurred by Contractor associated with the delay in the progress of the Work and/or the remediation of any such condition. Such concealed conditions include but are not limited to, utility lines, easements {whether public or private), land-use regulations, adverse soil conditions, hydrologic conditions, geologic conditions and hazardous waste or materials located in or about the Project. Contractor shall be under no obligation to remediate any such concealed conditions.

3. Destruction and damage: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

4. Attorney’s fees and costs: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.

5. Terms and Conditions: If contractor commences litigation or employs attorneys in order to secure payment of any sums due to it from Customer; the Customer acknowledges that proper venue will be the city of Los Angeles, California and agrees to pay reasonable attorney's fee in addition to all other sums due. Customer agrees to notify Contractor in writing of any change in ownership to the Contractor in writing. The undersigned warrants that the above agreement has been carefully read and the Customer understands the same. Interest shall accrue in the amount of 1.5 % per month on the outstanding principal balance. (Per SEC.1719 CHAPTER 522, CALIFORNIA CIVIL CODE 1983. Any person that writes a check that is dishonored for lack of funds or a stop-payment, can be sued for three (3) times the amount of the check Or $500.00, whichever is greater. In addition to the face value of the check, court cost, attorney fees, and service cost can be included Sales are subject to approval by our installation and credit departments.Down Payment* (if any): *By California law, cannot exceed two hundred dollars ($200.00) or 2 percent of the contract price for swimming pool, or one thousand ($1 000.00) or 10 percent of the contract price for other home improvement excluding finance charges, whichever is the lesser. *If either the proposal and/or the acceptance of this proposal and Contract is made at other than the premises at which Contractor or owner normally carries on a business, then you, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. *Business and Professional code 7159.1 & 7159.2 applies to this contract. A notice that failure of the contractor without lawful excuse to substantially commence work within 20 days from the approximate date specified in the contract when work will begin is a violation of the Contractor's License Law. *Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the registrar, Contractors State License Board, PO Box 26000, Sacramento, California.

6. Change Orders: A change order is a written instrument prepared by Owner, Contractor or Architect stating the agreement of Owner and Contractor upon a change in the Work, the amount of the adjustment in the Contract Sum and the extent of the adjustment in the Schedule. Contractor shall not be obligated to proceed with any change in the Work unless a proposed change order is signed by both Contractor and Owner. The owner shall not be liable for the work or amount of any change order unless it is in writing and is signed by Owner personally.

7. ARBITRATION OF DISPUTES: ANY DISPUTE BETWEEN OWNER AND CONTRACTOR RELATING TO THE PERFORMANCE OR INTERPRETATION OF THE

CONTRACT DOCUMENTS SHALL BE SUBJECT TO ARBITRATION, CONDUCTED UNDER THE CONSTRUCTION INDUSTRY RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME OF THE COMMENCEMENT OF ARBITRATION. THE DECISION OF THE ARBITRATOR SHALL BE BINDING, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN A COURT OF COMPETENT JURISDICTION. IN ARBITRATION, THE PARTIES SHALL BE ENTITLED TO CONDUCT DISCOVERY PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE, UNDER THE SUPERVISION OF THE ARBITRATOR.

ARBITRATION OF DISPUTES
Items Description
Premium Paint Semi-Gloss
Full Exterior Painting Stucco, Fascia Boards, Doors, - Main 2 building, 1 Carport and 1 Shed Roll Up Doors DTM - Non-Epoxy (Architectural Grade)
Yard House Painting Total: $46,990.00
Buildertrend https://buildertrend.net/app/share/8UslR5SD_FQ/LeadProposal/P... 3 of 4 10/28/2024, 4:34 PM

NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OF JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

I confirm that my action here represents my electronic signature and is binding.

Signature:

Date:

Print Name:

Buildertrend https://buildertrend.net/app/share/8UslR5SD_FQ/LeadProposal/P... 4 of 4 10/28/2024, 4:34 PM

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated November 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Sky JTC Corporation (dba Sky Painting) a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform/provide professional services for the Covina Public Works Yard Fuel Station & Building Painting Project.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond June 30, 2025.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Seventy-Six Thousand Five Hundred Ninety Dollars ($76,590.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

ATTACHMENT B

3. Contractor’s Work.

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

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

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

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

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

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

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

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

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

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

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

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

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

N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All

inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.

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

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

4. Method of Payment.

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

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

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

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule,

regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

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

7. PERS Compliance and Indemnification.

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. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor 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, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

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

termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

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

10. Indemnification.

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

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).

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

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

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

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

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.

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

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

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

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

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

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

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

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

premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In

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

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

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

If to City: If to Contractor:

Attn: Engineering Division Attn: Randy Lee
City of Covina Sky Painting
125 E. College Street 1027 S Park View Street
Covina, California 91723 Los Angeles, CA 900006-2017

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

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

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

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

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

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

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

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

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

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

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

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

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]

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:

Sky JTC (dba Sky Painting),
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.)

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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

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 ____________________________________

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:

Public Works Yard Fuel Station & Building Painting Project (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT 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:

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

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: November 19, 2024
Title: Resolution CC 2024-105 Approving and Recordation of Parcel Map No. 84018 (Covina Village) Located at 1000 N. Azusa Avenue
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-105 approving the recordation of Parcel Map No. 84018 (Covina Village) located at 1000 N. Azusa Avenue.

EXECUTIVE SUMMARY:

Resolution CC 2024-105 (Attachment A) is presented for the City Council’s consideration to approve the recordation of Parcel Map No. 84018 (Covina Village) located at 1000 N. Azusa Avenue.

BACKGROUND:

On December 19, 2023, the City Council certified the Revised Final Environmental Impact Report (EIR) for the Covina Village Project. The City Council also approved a General Plan Amendment, a Specific Plan, a Zone Change, Tentative Tract No. 82315, Tentative Parcel Map No. 84018, a Conditional Use Permit, Site Plan Review Case 22-226, and a Development Agreement. Parcel Map No. 84018 reconfigures 2.80-acres of the project to allow for the construction of three (3) retail parcels within the Covina Village Planning Area 2 - Commercial.

DISCUSSION:

The City Engineer has reviewed the Parcel Map (Attachment B) and has determined, in accordance with the provisions of Chapter 16.14 (Final Maps and Parcel Maps) of the Covina Municipal Code, that all conditions for the approval of Parcel Map No. 84018 have been met. Approval of the Tract Map by the City Council will allow recordation of the map by Los Angeles County; completing the subdivision process.

FISCAL IMPACT:

There is no fiscal impact to the City associated with the approval of Parcel Map No. 84018.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

During the review process, the City Council adopted Resolution CC 2023-119 approving the revised Final Environmental Impact Report.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING PARCEL MAP NO. 84018
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Subdivision Ordinance of the City of Covina is embodied within Title 16 of the Covina Municipal Code; and
WHEREAS, a development application was submitted by COVINAM 2024, LLC (Melia Homes) to the City of Covina for the former Albertsons grocery store site located at 1000 N. Azusa Avenue. The project consists of an 8.0-acre mixed-use project consisting of multi-family residential and commercial uses. Parcel Map No. 84018 reconfigures 2.80-acres of the project to allow for the construction of three (3) retail parcels within the Covina Village Planning Area 2 – Commercial; and
WHEREAS, pursuant to the provisions of Chapter 16.08 of the Covina Municipal Code, the City Council approved the Tentative Parcel Map on December 19, 2023; and WHEREAS, during the review process, the City Council adopted Resolution CC 2023- 119 approving the revised Final Environmental Impact Report; and WHEREAS, the City Engineer, in accordance with the provisions of Chapter 16.14 of the Covina Municipal Code, has determined that the applicant has met all of the required conditions of approval for the approval and recordation of the Final Parcel Map.

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

SECTION 1. The City Council does hereby find that Parcel Map No. 84018 conforms to CEQA.

SECTION 2. The City Council does hereby approve and accept the final subdivision of Parcel Map No. 84018.

SECTION 3. The City Council does hereby accept the easements for emergency vehicle access purposes shown on said map.

SECTION 4. The City Clerk is hereby authorized to sign page one of said Parcel Map and to transmit the same for recordation.

SECTION 5. 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 19th day of November 2024.

Resolution CC 2024-105 Page 2 of 2
City of Covina, California
BY:

JOHN C. KING, 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 2024-105 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of November, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT B

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: November 19, 2024
Title: Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 – Award of Contract to Gentry Brothers, Inc. in the Amount of $1,910,443
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508;

2. Award a contract for the Barranca Avenue Street Resurfacing Project - Project No.

P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $1,910,443 and authorize the City Manager to execute the contract;

3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc for Construction Management & Inspection Services for a not-to-exceed amount of $92,560 and authorize the City Manager to execute the agreement;

4. Award a Professional Services Agreement (PSA) to Willdan Engineering for Pavement Analysis & Testing for a not-to-exceed amount of $35,000 and authorize the City Manager to execute the agreement; and

5. Authorize a project contingency amount of $250,000 for any unforeseen construction expenses.

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2023-24 Capital Improvement Program, the City Council approved the Barranca Avenue and Cienega Avenue Resurfacing Project and Sunflower Avenue Resurfacing Project. The project objective is to replace existing, worn-out pavement, repair damaged sidewalks and improve other appurtenances.

The project will rehabilitate approximately 2.0 miles of arterial roadways, including Barranca Avenue from Cypress Street to Northerly City Limit, Cienega Avenue from Grand Avenue to Barranca Avenue and Sunflower Avenue from Cienega Avenue to Covina Boulevard.

Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is Gentry Brothers, Inc. As such, it is recommended that a contract (Attachment A) be awarded for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Resurfacing Project – Project No. P2508 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $1,910,443 and authorize the City Manager to execute the contract. It is expected that construction of improvements will begin in early December 2024.

DISCUSSION:

A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, July 18th, July 25th & August 1st, 2024.

Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, November 12th, 2024.

Beginning at 10:00 a.m. on November 12th, 2024, the City Clerk publicly opened five (5) sealed bids with the following results:

Rank Bidder Location Base Bid Amount
1 Gentry Brothers, Inc. Irwindale, CA $1,477,543
2 All American Asphalt Baldwin Park, CA $1,496,699
3 Sequel Contractors, Inc. Santa Fe Springs, CA $1,550,173 4 Hardy & Harper, Inc. Lake Forest, CA $1,855,000
5 Onyx Paving Company, Inc. Anaheim, CA $1,900,000
Alternative Bid Items were also included above and beyond the Base Bid Schedule. Alternate Bid Item No. 1 included resurfacing and roadway reconstruction on Sunflower Avenue from Covina Boulevard to Cypress Avenue in the amount of $432,900. City staff is recommending to proceed only with Alternate Bid Item No. 1, which would increase the overall contract amount for Gentry Brothers, Inc. to $1,910,443.

City staff has reviewed all bid documents for compliance and has evaluated the Contractor’s professional background and recently completed projects for competency. As a result, staff recommends the award of the contract to the lowest bidder, Gentry Brothers, Inc. given that this firm has completed major road reconstruction projects for several public agencies in Southern California, including the City of Covina’s Citrus Avenue Rehabilitation Project and Rowland Avenue Resurfacing Project.

FISCAL IMPACT:

The Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Resurfacing Project – Project No. P2508 was included in the adopted Fiscal Year 2023-24 and carried forward to Fiscal Year 2024-25 Capital Improvement Program as follows:

Project Funds Amount Account
Barranca Avenue
SB-1 $1,268,519 2310-2200-55310-P2507
Measure W $100,000 2510-5600-55320-P2507
Subtotal $1,368,519
Cienega Avenue
SB-1 $262,159 2310-2200-55310-P2508
Measure M $237,841 2420-2200-55310-P2508
Measure W $100,000 2510-5600-55320-P2508
Sewer $100,000 6300-2700-55310-P2508
Subtotal $700,000
Sunflower Avenue
Prop C $500,000 2405-2200-55310-P2509
Grand Total-Available Funds $2,568,519

PROJECT EXPENSES
Description Amount
Contract Base Bid Plus Alternate Bid No. 1 (Gentry Brothers) $1,910,443 Project Contingency Allowance $250,000
Subtotal $2,160,443
Construction Management (CEJ Engineers, Inc.) $92,560
Pavement Analysis & Testing (Willdan Engineering) $35,000 Total Anticipated Expenditures $2,288,003

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,

City of Covina
Public Works Department - Engineering DivisionBarranca Avenue Street Resurfacing Project - Project No. P2507 & Cienega Avenue Resurfacing Project - Project No. P2508 Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Clearing and Grubbing LS 1 100,000.00 $ 100,000.00 $ 57,976.00 $ 57,976.00 $ 53,228.00 $ 53,228.00 $ 146,898.00 $ 146,898.00 $ 369,000.00 $ 369,000.00 $ 2 Traffic Control Plans LS 1 41,973.00 $ 41,973.00 $ 100,000.00 $ 100,000.00 $ 12,000.00 $ 12,000.00 $ 36,750.00 $ 36,750.00 $ 13,000.00 $ 13,000.00 $ 3 Cold Mill 2.0-inch existing Asphalt Pavement per plans and specifications SF 212,100 0.50 $ 106,050.00 $ 0.27 $ 57,267.00 $ 0.35 $ 74,235.00 $ 0.32 $ 67,872.00 $ 0.33 $ 69,993.00 $ 4 Construct 1.0-inch-thick Asphaltic Leveling course D1 (PG 64-10) as indicated on the plans. Ton 1,325 100.00 $ 132,500.00 $ 125.00 $ 165,625.00 $ 150.00 $ 198,750.00 $ 137.00 $ 181,525.00 $ 123.00 $ 162,975.00 $ 5 Construct a 1.5-inch thick asphalt pavement overlay C2 (PG 64-10) as indicated on the plans. Ton 1,990 100.00 $ 199,000.00 $ 114.00 $ 226,860.00 $ 135.00 $ 268,650.00 $ 106.00 $ 210,940.00 $ 111.00 $ 220,890.00 $ 6 Remove 6-inch of existing pavement and replace it with 4-inch of AC B (PG 64-10) Base Course. SF 500 6.00 $ 3,000.00 $ 18.00 $ 9,000.00 $ 27.00 $ 13,500.00 $ 13.70 $ 6,850.00 $ 11.00 $ 5,500.00 $ 7 Sawcut, Remove, dispose and Construct 8-inch PCC curb & 24-inch gutter, per SPPWC Std. Plan 120-2. A2-8(200) Including all incidentals complete in place, per plans, details, and specifications.

LF 195 100.00 $ 19,500.00 $ 120.00 $ 23,400.00 $ 85.00 $ 16,575.00 $ 87.00 $ 16,965.00 $ 88.00 $ 17,160.00 $ 8 Sawcut, Remove, dispose, and Construct 4-InchThick PCC Sidewalk per SPPWC Std. Plan 113-2. SF 4,580 10.00 $ 45,800.00 $ 12.00 $ 54,960.00 $ 17.50 $ 80,150.00 $ 14.00 $ 64,120.00 $ 15.00 $ 68,700.00 $ 9 Sawcut, Remove, dispose and Construct Longitudinal Cross Gutter per SPPWC Std. Plan 122-2. SF 890 17.00 $ 15,130.00 $ 34.00 $ 30,260.00 $ 27.00 $ 24,030.00 $ 29.00 $ 25,810.00 $ 33.00 $ 29,370.00 $ 10 Sawcut, Remove, dispose and Construct PCC Driveway approach perSPPWC Std. Plan 110-2, Type B per plan, including all incidentals complete in place per plans, details, and specifications.

SF 480 15.00 $ 7,200.00 $ 18.00 $ 8,640.00 $ 23.00 $ 11,040.00 $ 22.00 $ 10,560.00 $ 28.00 $ 13,440.00 $ 11 Sawcut, Remove and Construct PCC curb ramp per SPPWC Std. Plan111-5., Case A, Type 3, including the removal and replacement of additional sidewalk between BCR and ECR (both locations) and all incidentals complete in place per plans, details, and specifications.

EA 7 10,000.00 $ 70,000.00 $ 7,000.00 $ 49,000.00 $ 6,050.00 $ 42,350.00 $ 7,930.00 $ 55,510.00 $ 8,200.00 $ 57,400.00 $ 12 Sawcut, Remove and Construct PCC curb ramp per SPPWC Std. Plan111-5., Case B, Type 2, including the removal and replacement of additional sidewalk between BCR and ECR (both locations) and all incidentals complete in place per plans, details, and specifications.

EA 5 10,000.00 $ 50,000.00 $ 7,000.00 $ 35,000.00 $ 6,100.00 $ 30,500.00 $ 7,700.00 $ 38,500.00 $ 8,200.00 $ 41,000.00 $ 13 Sawcut, Remove and Construct PCC curb ramp per SPPWC Std. Plan111-5., Case D, Type 2, including the removal and replacement of additional sidewalk between BCR and ECR (both locations) and all incidentals complete in place per plans, details, and specifications.

EA 2 10,000.00 $ 20,000.00 $ 7,000.00 $ 14,000.00 $ 6,225.00 $ 12,450.00 $ 4,600.00 $ 9,200.00 $ 8,200.00 $ 16,400.00 $ 14 Adjust existing utility valves can and covers (water, gas) to grade EA 22 120.00 $ 2,640.00 $ 150.00 $ 3,300.00 $ 1,000.00 $ 22,000.00 $ 50.00 $ 1,100.00 $ 777.00 $ 17,094.00 $ 15 Adjust existing Manhole frame and cover (Sewer/Storm Drain) to grade per SPPWC Std. Plan 205-2 EA 17 800.00 $ 13,600.00 $ 1,400.00 $ 23,800.00 $ 1,600.00 $ 27,200.00 $ 1,100.00 $ 18,700.00 $ 2,444.00 $ 41,548.00 $ 16 Install Traffic Striping, Thermoplastic, Traffic Signal Loops, red, green Curb and Pavement Markers, match existing in kind per plans and LS 1 32,000.00 $ 32,000.00 $ 26,000.00 $ 26,000.00 $ 44,400.00 $ 44,400.00 $ 61,300.00 $ 61,300.00 $ 61,532.00 $ 61,532.00 $ 17 Install 36- Inches Box Tree Crape Myrtle Muskogee (Lagerstroemia Indica) including tree well and 90 days maintenance period. EA 2 1,200.00 $ 2,400.00 $ 4,000.00 $ 8,000.00 $ 1,500.00 $ 3,000.00 $ 2,700.00 $ 5,400.00 $ 3,333.00 $ 6,666.00 $ 18 Sawcut, Remove, Dispose and Construct Bio-Infiltration Basin asindicated on the construction plans. EA 6 13,000.00 $ 78,000.00 $ 19,000.00 $ 114,000.00 $ 8,000.00 $ 48,000.00 $ 54,000.00 $ 324,000.00 $ 22,222.00 $ 133,332.00 $ $ 1,007,088.00 938,793.00 $ 982,058.00 $ 1,282,000.00 $ 1,345,000.00 $ 1 Cold Mill 2.0-inch existing Asphalt Pavement per plans and specifications SF 161,300 1.00 $ 161,300.00 $ 0.27 $ 43,551.00 $ 0.35 $ 56,455.00 $ 0.32 $ 51,616.00 $ 0.33 $ 53,229.00 $ 2 Construct 1.0 inches thick Asphaltic Leveling course D1 (PG 64-10) per plans Ton 1,010 100.00 $ 101,000.00 $ 125.00 $ 126,250.00 $ 150.00 $ 151,500.00 $ 137.00 $ 138,370.00 $ 123.00 $ 124,230.00 $ 3 Construct a 1.5-inch thick asphalt pavement overlay C2 (PG 64-10) as indicated on the plans. Ton 1,515 100.00 $ 151,500.00 $ 114.00 $ 172,710.00 $ 135.00 $ 204,525.00 $ 106.00 $ 160,590.00 $ 111.00 $ 168,165.00 $ 4 Remove 6-inch of existing pavement and replace it with 4-inch of AC B (PG 64-10) Base Course. SF 500 6.00 $ 3,000.00 $ 18.00 $ 9,000.00 $ 27.00 $ 13,500.00 $ 13.70 $ 6,850.00 $ 11.00 $ 5,500.00 $ 5 Sawcut, Remove, dispose, and Construct 4-InchThick PCC Sidewalk per SPPWC Std. Plan 113-2. SF 2,750 11.00 $ 30,250.00 $ 12.00 $ 33,000.00 $ 18.00 $ 49,500.00 $ 14.00 $ 38,500.00 $ 15.00 $ 41,250.00 $ 6 Sawcut, Remove, dispose and Construct 8-inch Curb and 24-inches Gutter per SPPWC Std. Plan 120-2. Including all incidentals complete in place, per plans, details, and specifications.

LF 195 100.00 $ 19,500.00 $ 120.00 $ 23,400.00 $ 83.00 $ 16,185.00 $ 87.00 $ 16,965.00 $ 88.00 $ 17,160.00 $ Onyx Paving Company, Inc.

Cienega Avenue from Grand Avenue to Barranca Avenue
Gentry Brothers, Inc. All American Asphalt
Bid Opening November 12, 2024 at 10:00 am Base Bid Sequel Contractors Inc. Hardy & Harper, Inc.

Subtotal Amount

City of Covina
Public Works Department - Engineering DivisionBarranca Avenue Street Resurfacing Project - Project No. P2507 & Cienega Avenue Resurfacing Project - Project No. P2508 Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Gentry Brothers, Inc. All American Asphalt Onyx Paving Company, Inc.

Bid Opening November 12, 2024 at 10:00 am Base Bid Sequel Contractors Inc. Hardy & Harper, Inc. 7 Sawcut, Remove, dispose and Construct variable Curb and 24-inches Gutter per SPPWC Std. Plan 120-2. Including all incidentals complete in place, per plans, details, and specifications.

SF 50 100.00 $ 5,000.00 $ 120.00 $ 6,000.00 $ 93.00 $ 4,650.00 $ 89.00 $ 4,450.00 $ 77.00 $ 3,850.00 $ 8 Sawcut, Remove, dispose and Construct PCC curb ramp per SPPWC Std. Plan 111-5., Case D, Type II. EA 1 12,000.00 $ 12,000.00 $ 7,000.00 $ 7,000.00 $ 6,500.00 $ 6,500.00 $ 4,600.00 $ 4,600.00 $ 8,200.00 $ 8,200.00 $ 9 Adjust existing utility valves can and covers (water, gas) to grade. EA 10 120.00 $ 1,200.00 $ 150.00 $ 1,500.00 $ 1,000.00 $ 10,000.00 $ 50.00 $ 500.00 $ 777.00 $ 7,770.00 $ 10 Adjust existing Manhole frame and cover (Sewer/Storm Drain) to grade per SPPWC Std. Plan 205-2 EA 8 1,000.00 $ 8,000.00 $ 1,400.00 $ 11,200.00 $ 1,600.00 $ 12,800.00 $ 1,100.00 $ 8,800.00 $ 2,444.00 $ 19,552.00 $ 11 Install Traffic Striping, Thermoplastic, red, green Curb and Pavement Markers, Traffic Loops, per plans and specifications. LS 1 20,000.00 $ 20,000.00 $ 14,000.00 $ 14,000.00 $ 25,000.00 $ 25,000.00 $ 31,059.00 $ 31,059.00 $ 58,317.00 $ 58,317.00 $ 12 Sawcut, Remove, Dispose and Construct Bio-Infiltration Basin as indicated on the construction plans. EA 2 12,000.00 $ 24,000.00 $ 19,000.00 $ 38,000.00 $ 8,000.00 $ 16,000.00 $ 54,000.00 $ 108,000.00 $ 22,222.00 $ 44,444.00 $ 13 Install 36- Inches Box Tree Crape Myrtle Muskogee (LagerstroemiaIndica) including tree well and 90 days maintenance period. EA 1 2,000.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 $ 2,700.00 $ 2,700.00 $ 3,333.00 $ 3,333.00 $ $ 489,611.00 538,750.00 $ 568,115.00 $ 573,000.00 $ 555,000.00 $ $ 1,496,699.00 1,477,543.00 $ 1,550,173.00 $ 1,855,000.00 $ 1,900,000.00 $ 1 Cold Mill 2.0-inch existing Asphalt Pavement per plans and specifications SF 121,200 1.00 $ 121,200.00 $ 0.27 $ 32,724.00 $ 0.40 $ 48,480.00 $ 0.51 $ 61,812.00 $ 0.33 $ 40,095.00 $ 2 Construct 1.0 inches thick Asphaltic Leveling course D1 (PG 64-10) per plans and specs Ton 760 105.00 $ 79,800.00 $ 125.00 $ 95,000.00 $ 170.00 $ 129,200.00 $ 141.00 $ 107,160.00 $ 123.00 $ 93,480.00 $ 3 Construct 1.5 inches thick pavement overlay ARHM-GG-C (PG 64-16) per plans and specs Ton 1,150 130.00 $ 149,500.00 $ 114.00 $ 131,100.00 $ 165.00 $ 189,750.00 $ 145.00 $ 166,750.00 $ 131.00 $ 150,650.00 $ 4 Sawcut, Remove, dispose, and Construct 4-InchThick PCC Sidewalk per SPPWC Std. Plan 113-2. SF 350 12.00 $ 4,200.00 $ 12.00 $ 4,200.00 $ 22.00 $ 7,700.00 $ 17.00 $ 5,950.00 $ 15.00 $ 5,250.00 $ 5 Sawcut, Remove, dispose and Construct 8-inches Curb and 24-inches Gutter per SPPWC Std. Plan 120-2. Including all incidentals complete in place, per plans, details, and specifications.

LF 25 120.00 $ 3,000.00 $ 120.00 $ 3,000.00 $ 100.00 $ 2,500.00 $ 92.00 $ 2,300.00 $ 88.00 $ 2,200.00 $ 6 Sawcut, Remove, dispose and Construct PCC curb ramp per SPPWC Std. Plan 111-5, Case D, Type 2. EA 4 12,000.00 $ 48,000.00 $ 7,000.00 $ 28,000.00 $ 6,500.00 $ 26,000.00 $ 4,600.00 $ 18,400.00 $ 8,200.00 $ 32,800.00 $ 7 Adjust existing utility valves can and covers (water, gas) to grade. EA 10 120.00 $ 1,200.00 $ 150.00 $ 1,500.00 $ 1,000.00 $ 10,000.00 $ 50.00 $ 500.00 $ 777.00 $ 7,770.00 $ 8 Adjust existing Manhole frame and cover (Sewer/Storm Drain) to grade per SPPWC Std. Plan 205-2 EA 6 1,000.00 $ 6,000.00 $ 1,400.00 $ 8,400.00 $ 1,600.00 $ 9,600.00 $ 1,100.00 $ 6,600.00 $ 2,444.00 $ 14,664.00 $ 9 Install Traffic Striping, Thermoplastic, red, green Curb, Chevrons,Pavement Legends, Red, Green, Yellow Curb, RPMs, Traffic Loops and Pavement Markers.

LS 1 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 22,130.00 $ 22,130.00 $ 26,528.00 $ 26,528.00 $ 56,091.00 $ 56,091.00 $ $ 313,924.00 432,900.00 $ 445,360.00 $ 396,000.00 $ 403,000.00 $ $ 313,924.00 432,900.00 $ 445,360.00 $ 396,000.00 $ 403,000.00 $ 1 Construct landscape Improvements and irrigation system as indicated on Construction Plans Sheet L1 to L7 Complete. LS 1 970,000.00 $ 970,000.00 $ 915,000.00 $ 915,000.00 $ 1,475,000.00 $ 1,475,000.00 $ 165,000.00 $ 165,000.00 $ 3,333,000.00 $ 3,333,000.00 $ 2 Provide 90 days maintenance period LS 1 10,000.00 $ 10,000.00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ 8,250.00 $ 8,250.00 $ 222,000.00 $ 222,000.00 $ $ 918,000.00 980,000.00 $ 1,490,000.00 $ 173,250.00 $ 3,555,000.00 $ $ 2,890,443.00 $ 2,728,623.00 $ 2,424,250.00 3,485,533.00 $ 5,858,000.00 $ Alternative Bid Item No. 2 - Medians Landscape Improvements - Cienega Avenue North Frontage Side Total Base and Alternates Bid Amount
Total Alternate No. 1 AmountTotal Alternate No. 2 Amount Subtotal AmountTotal Base BidAlternative Bid Item No. 1 - Sunflower Avenue from Covina Blvd to Cypress AvenueSubtotal Amount

ATTACHMENT B

CONTRACT

CITY OF COVINA CONTRACT FOR
BARRANCA AVENUE STREET RESURFACING PROJECT – PROJECT
NO. P2507 & CIENEGA AVENUE STREET RESURFACING PROJECT – PROJECT NO. P2508
THIS CONTRACT (“Contract”) is made and entered this 19th day of November, 2024 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and Gentry Brothers, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 397682; Class A. Contractor’s DIR registration number is 10000002240.

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

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Street Resurfacing Project – Project No. P2508 (“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 Nine Hundred and Ten Thousand Four Hundred and Forty Three Dollars ($1,910,443) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

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

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

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that

every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

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

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

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

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

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

CITY OF COVINA
By:

City Manager
ATTEST:

By:

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

Printed Name:

Title:

By:

Printed Name:

Title:

EXHIBIT A

EXHIBIT B

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

BARRANCA AVENUE STREET RESURFACING PROJECT – PROJECT NO. P2507 & CIENEGA AVENUE STREET RESURFACING PROJECT – PROJECT NO. P2508 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT C

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

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

BARRANCA AVENUE STREET RESURFACING PROJECT – PROJECT NO. P2507 & CIENEGA AVENUE STREET RESURFACING PROJECT – PROJECT NO. P2508 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

ATTACHMENT C

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated November 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Resurfacing Project – Project No.

P2508.

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.

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-Two Thousand Five Hundred and Sixty Dollars ($92,560) (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 A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

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

11. Insurance.

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

1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

CEJ Engineers, Inc
a California corporation
By:

Name: Joaquin Cervantes
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE/SCOPE OF SERVICES

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 November 12, 2024

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR BARRANCA AVENUE STREET RESURFACING PROJECT

FROM NORTHERLY CITY LIMIT TO CYPRESS STREET
PROJECT No. P2507

CIENEGA AVENUE RESURFACING PROJECT

FROM GRAND AVENUE TO BARRANCA AVENUE
PROJECT No. P2508
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans.

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 Inspections and 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 [email protected].

Respectfully Submitted,
Joaquin Cervantes, P.E.

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

INSPECTION SERVICES FOR BARRANCA AVENUE STREET RESURFACING Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the paving project as indicated on Contract documents to commence on or about December 2024. Scope of project: new curb replacement, grinding and paving and new striping. The major tasks include the following:

Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans Project No. P2507 and P2508.

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

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

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

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

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

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

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

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

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

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

INSPECTION SERVICES FOR BARRANCA AVENUE STREET RESURFACING Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $92,560.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Barranca CM and Inspecion Paving Project
JOB NO: Cienega Ave SUMMARY PROPOSAL FEE
DATE: 11/06/24
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 64.0 $160 $10,240
Subtotal $10,240
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 686 $120 $82,320
Subtotal $82,320
Note:

Time Estimation based on a 60-DAY Project Schedule
Time Estimation based on a 20-DAY Project Schedule For Alternate "A"

PROPOSED FEE
PROPOSED FEE: $92,560
Proposal By / Project Manager: Joaquin Cervantes, P.E

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENT E

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated November 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Willdan Engineering, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Pavement Analysis & Testing for the Barranca Avenue Street Resurfacing Project – Project No. P2507 & Cienega Avenue Resurfacing Project – Project No. P2508.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year term. In no even shall the contract be extended beyond June 30, 2026.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant an amount not-to-exceed Thirty-Five Thousand Dollars ($35,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to

ATTACHMENT E
be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

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

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant

ATTACHMENT E
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

ATTACHMENT E
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.

ATTACHMENT E

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

ATTACHMENT E
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.

ATTACHMENT E

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Chien Chen
City of Covina Willdan Engineering, Inc
125 E. College Street 1515 S. Sunkist Street, Suite E
Covina, California 91723 Anaheim, CA 92806

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for

ATTACHMENT E
employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

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

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

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

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

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

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

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

ATTACHMENT E

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

Willdan Engineering, Inc
a California corporation
By:

Name: Vanessa Munoz
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE/SCOPE OF SERVICES
Pavement Analysis & Testing for the Barranca Avenue Street Resurfacing Project – Project No.

P2507 & Cienega Avenue Resurfacing Project – Project No. P2508 in an amount not-to-exceed $35,000.

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 21
Meeting: November 19, 2024
Title: Water Main Upgrade – Covina Heights Water Improvements Project – Project No. W2401 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Gentry Brothers, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401.

EXECUTIVE SUMMARY/BACKGROUND:

Accept the work performed by Gentry Brothers, Inc and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401.

On December 5, 2023, the City Council approved a contract with Gentry Brothers, Inc. in the amount not-toexceed $2,177,140 for the replacement of new water mains, water service lines, isolation valves and fire hydrants located within the Covina Heights area. Additive Alternate No. 1 related to the protection and reuse of existing 1” Water Service. Furthermore, work was removed from the bid which included removal of a conflicting portion of existing water service. These items resulted in a savings of $41,480 which lowered the total Base Bid plus Additive Alternate to an amount not-to-exceed $2,135,660.

DISCUSSION:

The improvements associated with the Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401 featured:
 Replacement of approximately 4,500 linear feet of 16-inch and 8-inch water main  Installation of new water services
 Installation of new fire hydrants
During construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, decreasing the overall contract amount by $80,844.51:
 Change Order No. 1 – Decreased the overall contract amount by $80,844.51 due to quantity adjustments.

FISCAL IMPACT:

The available funding allocated for the Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401 was as follows:

Source of Project Funds Amount Account
Water CIP $3,300,000 6011-5080-55410-W2401
Total $3,300,000

The following table represents the final project summary:

Item Actual
Project Appropriations $3,300,000
Gentry Brothers, Inc. – (Contract Amount plus Change
Order) ($2,054,815.49)
Siterep Construction Services, Inc (Inspection Services – Contract Amount plus Change Orders) ($151,095.13)
RKA Consulting Group (Design Services/Bid Support) ($67,503.00) Willdan Engineering (Materials & Soils Testing) ($13,470.00) SGV Examiner (Bid Publishing) ($693.00)
Boomerang Blueprint (Document Reproduction) ($212.16)
Total Expenditures ($2,287,788.78)
Total UNDER BUDGET $1,012,211.22
Project savings of $1,012,211.22 will be placed in the Water CIP Fund Balance for use on future projects.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: October 30, 2024 . The work done was:

Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401

8. The names of the contractor, if any, for such work improvement was:

Gentry Brothers, Inc. December 5, 2023
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Water Main Upgrade – Covina Heights Water Improvement Project – Project No. W2401

10. The street address of said property is Various Streets in Covina Heights Neighborhood (If no street address has been officially signed, insert “None”.) Dated November 19, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on November 19, , 2024 at Covina , California .

Rafael M. Fajardo, City of Covina

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 22
Meeting: November 19, 2024
Title: Mobile Radio Purchase
Presented by: David Povero, Chief of Police
Recommendation: Approve the purchase of Twenty-four (24) Kenwood mobile radios in the amount of $171,851.58 from Foothill Communications and waive competitive bidding requirement.

EXECUTIVE SUMMARY:

For the past ten years, the Covina Police Department has been aggressively searching for funding sources to gradually modernize the Department’s mobile radios to be compatible with the County and other agencies in the East San Gabriel Valley. The department is in constant need of replacing aging radio equipment. As proposed, twenty-four mobile/car radios will be purchased to replace existing units that have reached the end of their service life. The new radio units will also be installed in new patrol operations vehicles that are being place into service.

This specialized equipment will enhance event and incident management and strengthen the ability to respond to 911 emergencies. Equipment approved for purchase under this appropriation includes all-spectrum portable radios, programming cables and multi-radio bank charger(s). As proposed, the new equipment will be purchased from Foothill Communications, the sole local authorized distributor of Kenwood radio units. In addition to these services, Foothill Communications maintains the existing radio network and manages the programming/repair of Kenwood radio units.

DISCUSSION:

It is requested that the City Council consider waiving competitive bid requirements per Municipal Code 2.20.080 Sections B. This section states that non-competitive proposals may be made only when at least one of the following circumstances applies: 1) The supply, service or equipment is available from only one source; 2) The public exigency or emergency for the supply, service or equipment will not permit a delay resulting from competitive solicitation; and 3) After solicitation of a number of sources, competition is determined inadequate.

Section B2 applies in this situation. The department would like to expedite the purchase of these radios and get them in service before new encryption standards take place in January.

FISCAL IMPACT:

No new funding is being requested. Existing funding to cover this expense is available in the Police department budget 1010 1130 55900.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

Respectfully submitted,

Foothill Communications, Inc.
133 N. San Gabriel Blvd #206
Pasadena CA 91107
United States
Quote
#EST9433
6/19/2024
EST9433
1 of 2
Bill To Ship To TOTAL
Covina PD
444 N Citrus Ave
Covina CA 91723
United States
Covina PD
444 N Citrus Ave
Covina CA 91723
United States $171,851.58
Expires: 7/19/2024
Sales Rep Shipping Method
Kenji Luster
[email protected]
No.  Qty Item Tax Rate Amount
1 24 JVCKenwood VM8000BF Multiband mobile. RF Deck Only, Control Head and frequency band(s) must be ordered speperatly.

Yes $2,242.50 $53,820.00
2 24 JVC/Kenwood 832VM8000-UHF VM8000 UHF Enable Yes $572.00 $13,728.00 3 24 JVC/Kenwood 832VM8000-78 VM8000 7/800 Enable Yes $572.00 $13,728.00 4 24 JVC/Kenwood 832VM8000-V VM8000 VHF Enable Yes $572.00 $13,728.00 5 24 Kenwood KCH-19VM Viking Basic Control Head for VM5000 Series Radios.

Yes $153.60 $3,686.40
6 24 Kenwood KCT-71M2 Remote Control Cable (17 feet) for NX and VM Mobiles
Yes $68.40 $1,641.60
7 24 Kenwood KMC-66M Standard DTMF mobile microphone with 12 keypad (8-pin mod. plug) for NX & Viking Mobile Radios
Yes $80.96 $1,943.04
8 24 Kenwood KRK-14HV-Control Head Interface Board for KCH-19 Viking Control Heads
Yes $154.40 $3,705.60
9 24 Kenwood KCT-23M3 Power Cable for Mid Power Mobiles 23' Yes $48.64 $1,167.36 10 24 Kenwood KMB-33M Mounting bracket for NX /Viking mid power series radios
Yes $12.64 $303.36
11 24 Kenwood KRK-17BF Remote Kit for Vkiking VM7000 mobiles with Remote Heads
Yes $136.00 $3,264.00
12 24 Kenwood KCT-46 Ignition Sense Cable for NX & Viking Series mid Power Mobile Radios
Yes $11.76 $282.24
13 24 Kewnood KES-5A External speaker, 40W max input Yes $58.40 $1,401.60 14 24 Kenwood KAP-2 Horn Alert/P.A. Relay Option Yes $61.36 $1,472.64 15 24 JVC/Kenwood 8322000002 Viking P25 Convnetional Option. Yes $332.00 $7,968.00 16 24 JVC/Kenwood 8322000005 Viking P25 Phase I Trunking Option.

Requires 8322000002
Yes $116.00 $2,784.00
17 24 JVC/Kenwood 8322000006 Viking P25 Phase II TDMA trunking option. requires 8322000005
Yes $380.00 $9,120.00
18 24 JVC/Kenwood 8323000003 Viking DES-OFB Multi Key Yes $0.00 $0.00 19 24 JVC/Kenwood8323000005 Viking ARC4 (ADP Compatible). Yes $0.00 $0.00 20 24 JVCKenwood 8326000039 WiFi Option for VM8000 Mobile radios Yes $0.00 $0.00

ATTACHMENT A
Foothill Communications, Inc.
133 N. San Gabriel Blvd #206
Pasadena CA 91107
United States
Quote
#EST9433
6/19/2024
EST9433
2 of 2
No.  Qty Item Tax Rate Amount
21 24 Kenwood 8324000002 P25 OTAR Option for Viking Radios Yes $712.00 $17,088.00 22 24 Kenwood 8324000003 OTAP Over The Air Programming Option for Viking Radios
Yes $188.00 $4,512.00
23 3 FTL-Radio Programming and Keyloading as required. Does not include Codeplug creation
No $185.00 $555.00
24 1 FTL Shipping and Handling Fees & Charges. Expidited shipping and insurance are additional.

No $30.00 $30.00
Subtotal $155,928.84
Tax Total (10.25%) $15,922.74
Total $171,851.58
Deposit $
Estimate Based On JVC Kenwood NASPO Contract #00318
** DO NOT PAY – THIS IS AN ESTIMATE **
Equipment, hardware and materials covered by manufacturer’s warranty if applicable. Orders over $25,000. may require a deposit.

Modifications or deviations from those prescribed above requiring additional cost will be performed only upon
emailed/written direction and will incur charges over & above the estimate.

Cancellation of Service Calls within 24 business hours may be subject to a cancellation fee.

Delivery dates / completion of services is subject to strikes, accidents and vendor supply chains which are beyond our control.

Authorized Signature: __________________________________________________________   P.O. # ____________________ Print Name: _____________________________________________________________________   Date: ____________________

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 23
Meeting: November 19, 2024
Title: Accept Funding Award for 2023 State Homeland Security Grant Presented by: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2024-109 to increase the Police Department’s 2024-25 budget by $92,830 resulting from the 2023 State Homeland Security Award;

2. Authorize the City Manager or his designee to sign the 2023 State Homeland Security (SHSP) sub-recipient award agreement and all related documents; and

3. Approve the purchase of Motorola radio equipment offered through the reimbursable State of California FY 2023 Homeland Security Program (SHSP).

EXECUTIVE SUMMARY:

A Homeland Security grant was established by the State, in part, to provide for the purchase of specialized equipment to enhance event and incident management and strengthen the ability of Law Enforcement to disrupt, deter, respond to and recover from terrorist acts. Equipment approved for purchase under this grant includes allspectrum portable radios, programming cables and multi-radio bank charger(s).

DISCUSSION:

The County of Los Angeles Board of Supervisors accepted the 2023 State Homeland Security Program (SHSP) for the Los Angeles County Operational Area and received requisite State approvals to proceed with the allocation of funds to program recipients, such as Covina. In order to facilitate this effort, the County of Los Angeles requires a formal Sub-recipient Agreement (SRA) with the City of Covina, which outlines the requirements of the grant and provides the guidelines to follow for SHSP reimbursement of eligible expenses of which we have been authorized $92,830 to purchase all-spectrum portable radios, programming cables and one multi-radio bank charger(s).

Motorola equipment will be purchased from Motorola Solutions, Inc. These recommendations are made as exceptions to the competitive bidding process pursuant to Section 2.20.080 (b)(1) of the Covina Municipal Code.

This states that procurement by noncompetitive proposals may be made only when the supply, service or equipment is available from only one source. Due to the ongoing replacement of radios in the department and county-wide for interoperability, Covina must purchase Motorola APX 8000 radios from one vendor. Since Motorola is the only vendor, competition does not exist for their proprietary items of original equipment manufacturers and are the only authorized exclusive distributors.

FISCAL IMPACT:

Nine (9) radios will be purchased in the total amount of $102,548.25. The grant will only reimburse $92,830 leaving $9,718.25 to be covered by existing funds in police budget. Resolution CC 2024-109 will accept the grant in the amount of $92,830 and will also increase the police department FY 2024-25 budget by appropriating the same amount.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-109

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

CALIFORNIA, INCREASING THE POLICE DEPARTMENT FISCAL
YEAR 2024-25 BUDGET BY $92,830 AND APPROPRIATE THE SAME

DOLLAR AMOUNT TO PURCHASE RADIOS RESULTING FROM A
GRANT AWARD BY THE 2023 CALIFORNIA STATE HOMELAND

SECURITY GRANT PROGRAM (SHSP)
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Covina was awarded the State Homeland Security grant for 2023 in the amount of $92,830 for radios; and
WHEREAS, accepting this award will increase the Police Department’s appropriation by $92,830 and revenue account by the same amount; and
WHEREAS, appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. The Fiscal Year 2024-25 Budget is hereby amended as follows:

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 19
th day of November 2024
City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
Revenue Account 2278-1130-42035-SHSP23 $92,830.00
Appropriation Account 2278-1130-55700-SHSP23 $92,830.00 Page 331 of 576 Resolution CC 2024-109 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-109 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19
th day of November, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

State Homeland Security Program
Subrecipient Agreement
Grant Year 2023
Between the
County of Los Angeles
and the
City of Covina

ATTACHMENT B

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES
AND

THE CITY OF COVINA
THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of Covina, a public agency (the "Subrecipient").

W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067 - Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2023 SHSP, Federal Award Identification No. 037-00000, Federal Award dated October 18, 2023 with a performance period of September 1, 2023 to May 31, 2026. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles, Unique Entity ID (UEI) #MKQ9AQH7R2S5, as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2023 SHSP grant from Cal OES in the total amount of $9,481,457; and WHEREAS, the CEO now wishes to distribute 2023 SHSP grant funds to the Subrecipient in the amount of $92,830, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and

WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on September 10, 2024 authorized the CEO to prepare and execute this Agreement.

NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

SECTION I

INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of Covina, a public agency, having its principal office at _________________ ________________________________________________________________. §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:

Craig Hirakawa
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1127
[email protected]
Kasey Dizon
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1764
[email protected]

2. The representative of Subrecipient is:

Name and Title:

Organizational UEI #:

Address:

City/State/Zip:

Phone:

Email:

With a copy to:

Name and Title:

Organization:

Address:

City/State/Zip:

Phone:

Email:

B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.

C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and

will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.

Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.

C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.

D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2023 to February 28, 2026, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §503, below.

§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the 2023 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.gov/search/ prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by Title 2 Code of Federal Regulations (C.F.R) Part 200, to the County of Los Angeles within 30 calendar days after receipt of the auditor's

report(s). In the event the Subrecipient does not meet the Single Audit Threshold expenditure amount in a fiscal year, the Subrecipient must provide the County of Los Angeles a copy of a letter sent to State Controller's Office noting the Single Audit Threshold was not met, and its exempt status within nine months after the end of the Subrecipient's fiscal year, unless otherwise approved by the County of Los Angeles.

G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one onsite visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System's Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People's Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list and the Funding Guidelines of the 2023 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2023 SHSP can be found at Title 2 CFR Part 200.313.

Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;

2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the

property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq.gov/frts/.

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of this Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

SECTION Ill

PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $92,830 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2023 SHSP Grant Award Letter from Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in

§301.A., above, will not be utilized. As provided in §503, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.

F. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion,

national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.

§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

1. CFR
Subrecipient must comply with Title 2 CFR Part 200.

2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.

4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.

Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all subawards at all tiers and that all subcontractors certify and disclose accordingly.

5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.

6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.

7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.