Agenda packet, regular meeting — West Covina City Council, October 1, 2024

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 1, 2024, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker.

Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded.

Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
AGENDA

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY OCTOBER 1, 2024, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Pastor Matt Chavez from One and All

PLEDGE OF ALLEGIANCE
Led by Councilman Cantos

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Proclamation for National Fire Prevention Week - October 6, 2024 - October 12, 2024 Proclamation for National Breast Cancer Awareness Month Proclamation for National Domestic Abuse Awareness Month

CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE SEPTEMBER 17, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE SEPTEMBER 17, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

That the Council approve the September 17, 2024, City Council/Successor Agency Regular Session Meeting Minutes and the September 17, 2024, City Council/Successor Agency Regular Closed Session Meeting Minutes.

ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 2) CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 2 OF THE

WEST COVINA MUNICIPAL CODE REGARDING MAYORAL SELECTION AND DUTIES It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2523 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINSTRATION) OF THE WEST COVINA MUNICIPAL CODE RELATING TO

MAYORAL SELECTION AND DUTIES AND MAKING A DETERMINATION THAT THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE

EXEMPTION)

CITY MANAGER'S OFFICE
3) CONSIDERATION OF AWARD FOR THE CITY'S WEBSITE RE-DESIGN PROJECT It is recommended that the City Council take the following actions:

Award Request for Proposals (“RFP”) No. 202404 for the City’s new website re-design to CivicPlus, LLC; and

1. Authorize the City Manager to negotiate and execute an agreement with CivicPlus, LLC, in such final form as approved by the City Attorney.

2. COMMUNITY DEVELOPMENT
4) SECOND EXTENSION OF TIME FOR PRECISE PLAN NO. 20-08 AND TENTATIVE PARCEL MAP NO. 83444 AT 1211 E. BADILLO STREET (DELIVERY STATION) It is recommended that the City Council approve the second one-year extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444. 5) CONSIDERATION OF CONSTRUCTION SERVICES AGREEMENT FOR FY 23-24 RESIDENTIAL STREET REHABILITATION PROJECT - PROJECT NO. C24008 It is recommended that the City Council take the following actions:

1. Award the Construction Services Agreement for the FY 23-24 Residential Street Rehabilitation Project (Project No. C24008) to Onyx Paving Company, Inc. as the lowest responsible bidder;

2. Authorize the City Manager execute the Construction Services Agreement with Onyx Paving Company, Inc. for $4,324,000, in such final form as approved by the City Attorney;

3. Authorize 10% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments within the authorized contingency;

5. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction); and

6. Adopt the following resolution:

RESOLUTION NO. 2024-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (FY2023-24

RESIDENTIAL STREET REHAB)
6) CONSIDERATION OF CONSTRUCTION SERVICES AGREEMENT FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS - PROJECT NO. C23028 It is recommended that the City Council take the following actions:

It is recommended that the City Council take the following actions:

1. Award the Construction Services Agreement for the Traffic Signal Improvements at Various Signalized Intersections (Project No. C23028) to Select Electric, Inc. as the lowest responsible bidder;

2. Authorize the City Manager to execute the Construction Services Agreement with Select Electric, Inc. for $2,659,949.00, in such final form as approved by the City Attorney;

3. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments within the authorized contingency; and

5. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

POLICE DEPARTMENT
7) CONSIDERATION OF APPLICATION FOR 2024 JUSTICE ASSISTANCE GRANT FROM U.S.

DEPARTMENT OF JUSTICE
It is recommended that the City Council:

Review the proposed FY 2024 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program application items.

1. 2. Authorize staff to submit the application and accept the award totaling $19,999.

3. Authorize the Mayor to execute the Certifications and Assurances by the Chief Executive of the Applicant Government 30 days after this Council meeting in accordance with JAG requirements.

4. Designation of the Mayor, City Manager, and City Manager's designee to certify and execute all grant related documents.
8) CONSIDERATION OF AGREEMENT WITH LOS ANGELES COUNTY FOR LAW

ENFORCEMENT HELICOPTER SERVICES
It is recommended that the City Council:

Authorize the City Manager to execute the Helicopter Law Enforcement Services Agreement with Los Angeles County for as-needed helicopter law enforcement services.

1. 2. Authorize the City Manager to execute any future amendments to the agreement.

END OF CONSENT CALENDAR

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)
9) UPDATE - LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS,

COMMERCIAL ZONES, SIDEWALKS, TREEWELLS AND OTHER AREAS
It is recommended that the City Council receive and file this report.

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting October 15, 2024 7:00 PM

RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.

Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. a.
b. The city council may establish a limit on the duration of oral communications.

All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. c.

The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
d.

Sec. 2-50. Decorum--Required.

While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. a.

Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting.

For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.

From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. e.

As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. f.
b.

If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Sec. 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: October 1, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE SEPTEMBER 17, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE SEPTEMBER 17, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

BACKGROUND:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - 9/17/2024 Closed Session Minutes Draft Attachment No. 2 - 9/17/2024 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTCHMENT NO. 1
1 CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
SEPTEMBER 17, 2024, 6:00 PM

REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Calderón Tabatabai on Tuesday, September 17, 2024, at 6:00 p.m., in the Management Resource Center, 1444 West Garvey Avenue South, West Covina, California.

ROLL CALL
Council Members

Present: Council Members Rosario Diaz, Ollie Cantos, Letty Lopez-Viado, Mayor Pro Tem Wu, Mayor Brian Calderón Tabatabai

Absent: None
City Staff: Paulina Morales, City Manager, Roxanne Lerma, Assistant City Manager, Thomas Duarte, City Attorney, Stephanie Sikkema, Finance Director.

ATTCHMENT NO. 1
2 PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
 Confidential Employees
 Maintenance & Crafts Employees
 Non-Sworn
 W.C. Police Officers’ Association
 W.C. Firefighters’ Management Assoc.
 W.C. Firefighters’ Association, I.A.F.F., Local 3226
 General Employees
 Mid-Management Employees
 W.C. Police Management Association
Unrepresented Employee Group
 Department Heads

REPORTING OUT
City Attorney Thomas Duarte reported that no action was taken during the Closed Session Meeting.

ADJOURNMENT
A motion to adjourn the Regular Closed Meeting was made by Mayor Calderón Tabatabai, and the meeting was adjourned at 6:38 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, October 1, 2024, at 6:00 p.m. in the Management Resource Center 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

Submitted By:
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón Tabatabai
Mayor
ATTACHMENT NO. 2

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
SEPTEMBER 17, 2024, 7:00 PM

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries

PLEDGE OF ALLEGIANCE
Led by Mayor Calderón Tabatabai

ROLL CALL
Council Members

Present: Council Members Rosario Diaz, Ollie Cantos, Letty Lopez-Viado, Mayor Pro Tem Wu, Mayor Brian Calderón Tabatabai

ATTACHMENT NO. 2

REPORTING OUT FROM CLOSED SESSION
City Attorney Thomas Duarte reported that no action was taken during the Closed Session Meeting.

PRESENTATIONS
 Certificate of Recognition for the 2024 USA Water Polo Junior Olympics  Certificate of Recognition for Mario V. Iraheta for his Dedication to the Community
 Certificate of Recognition Celebrating Hispanic Heritage Month

CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker
Wen Wen Zhang
R. Robinson

CONSENT CALENDAR
ACTION: Motion by Councilwoman Diaz and Second by Councilwoman LopezViado, 5-0 to: Approve Consent Calendar Item 1,3,4,6 (Item number 2 was moved to October 1, 2024 by the City Manager)
ACTION: Motion by Mayor Pro Tem Wu and Second by Councilwoman LopezViado, 5-0 to: Approve Consent Calendar Item 5. (This item was pulled by Mayor Pro Tem Wu)

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE SEPTEMBER 3, 2024, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE SEPTEMBER 3, 2024, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Carried 5-0 to: approve the September 3, 2024, City Council/Successor Agency Regular Session Meeting Minutes and the September 3, 2024, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF AWARD FOR THE CITY'S WEBSITE RE-DESIGN

PROJECT

Item No. 2 was moved to the October 1, 2024, Council Meeting by City Manager Paulina Morales.

ATTACHMENT NO. 2
3) CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 2

OF THE WEST COVINA MUNICIPAL CODE REGARDING MAYORAL SELECTION

AND DUTIES
Carried 5-0 to: introduce the following ordinance:

ORDINANCE NO. 2523 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINSTRATION) OF THE WEST COVINA MUNICIPAL CODE

RELATING TO MAYORAL SELECTION AND DUTIES AND MAKING A

DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION)

COMMUNITY DEVELOPMENT
4) CONSIDERATION OF AGREEMENT FOR THE CITYWIDE PEDESTRIAN & VEHICLE TRAFFIC SAFETY IMPROVEMENTS FY 2024-25 - PROJECT NO. C23027 Carried 5-0 to: take the following actions:

1. Award the construction agreement for the Citywide Pedestrian & Vehicle Traffic Safety Improvements FY 24-25 (Project No. 23027) to Superior Pavement Markings, Inc. as the lowest responsible bidder;

2. Authorize the City Manager to execute an agreement with Superior Pavement Markings, Inc. in an amount not to exceed $265,709.00, in substantially the form as attached and in such final form as approved by the City Attorney;

3. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute amendments to the agreement within the authorized contingency; and

5. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).
5) CONSIDERATION OF AGREEMENT WITH PBK ARCHITECTS, INC. FOR DESIGN SERVICES FOR FIRE STATION 1 REPLACEMENT - PROJECT NO. 23002

Carried 5-0 to: take the following actions:

1. Award the Request for Qualifications (RFQ) for design services of Fire Station 1 Replacement Project to PBK Architects, Inc.; and

2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with PBK Architects, Inc., with an original maximum compensation ATTACHMENT NO. 2
amount not to exceed $799,500, in such final form as approved by the City Attorney; and

3. Including looking adding design for City Yard, Police and Fire Training Facility, and a Community Center.

FINANCE DEPARTMENT
6) CONSIDERATION OF THE FOURTH QUARTER FINANCIAL REPORT AND BUDGET AMENDMENT FOR FISCAL YEAR 2023-24
Carried 5-0 to: take the following actions:

1. Receive and file the Fourth Quarter Financial Report for Fiscal Year 2023-24; and

2. Adopt the following resolution:

RESOLUTION NO. 2024-61- A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 (FOURTH

QUARTER FINANCIAL REPORT)

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

CITY MANAGER'S OFFICE
7) CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND
ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES 2024 ANNUAL

CONFERENCE GENERAL ASSEMBLY
Carried 5-0 to: appoint Councilman Cantos as delegate and City Manager Paulina Morales as alternate delegate for the General Assembly at the League of California Cities 2024 Annual Conference and Expo.

MAYOR/COUNCILMEMBERS REPORTS
None

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION  Motion by Councilwoman Lopez-Viado to return with a resolution urging Governor Newsom and Insurance Commissioner Lara to declare a State of Emergency to restore stability to the insurance market. Second by Mayor Pro Tem Wu, no objection.
 Motion by Mayor Pro Tem Wu to look into getting a new projector in Council Chambers. No objection.

CITY COUNCIL COMMENTS
ATTACHMENT NO. 2
 Councilman Cantos provided an update on meetings he has attended including workforce opportunities, court appointed and foster care advocates, water education and conservation (also at city parks). Councilman Cantos also mentioned a happy 105th birthday to Ms. Kathryn Coombs and thanked staff and colleagues for their help while he’s on crunches.
 Mayor Pro Tem Wu encouraged everyone to look at the supermoon and bring unity and reminded the public about the Moon Festival this upcoming weekend.  Mayor Calderón Tabatabai thanked staff for their hard work on the State of the City, and thanked Gerry Lopez for his work here. Mentioned Code Enforcement and their action on neglected dogs.
 Councilman Cantos congratulated Victory Outreach on their 5th year anniversary and thanked staff for responding to his request.
 Councilwoman Diaz also thanked Gerry Lopez and staff for their hard work and announced her new grandbaby.

ADJOURNMENT
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón
Mayor

AGENDA ITEM NO. 2

THE WEST COVINA MUNICIPAL CODE REGARDING MAYORAL SELECTION AND DUTIES
RECOMMENDATION:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2523 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINSTRATION) OF THE WEST COVINA MUNICIPAL CODE RELATING TO MAYORAL

SELECTION AND DUTIES AND MAKING A DETERMINATION THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) BACKGROUND:

Section 2-21 (Mayor; duties and selection) of Division 1 (Generally) of Article II (City Council) of Chapter 2 (Administration) of the West Covina Municipal Code establishes the mayoral rotation process for the City Council.

Pursuant to the current provisions of Section 2-21, the order of mayoral succession is determined by length of current term of incumbency, defined by the date of election. The outgoing Mayor’s name rotates to the bottom of the previous year’s mayoral succession list, with all other names moving up one position, in order that the outgoing Mayor Pro Tem will become the new Mayor and the next Council Member on the list will become the new Mayor Pro Tem. During election years, newly elected Council Members are added to the bottom of the mayoral succession list, following the outgoing Mayor in that election year’s Council reorganization.

Pursuant to the current requirements of Section 2-21, the City Council is required to conduct its annual reorganization during its second regularly scheduled meeting in November, except in even-numbered years when the reorganization must occur at the time the City Council confirms the official canvass of the municipal election results as required by California Government Code section 36801.

Elections Code section 10262(b) provides: "For a consolidated election, the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body which shall, no later than the next regularly scheduled city council meeting following presentation of the 28–day canvass of the returns, or at a special meeting called for this purpose."
For the November 2020 election, Los Angeles County issued the Official Canvass Certificate and Official Statement of Votes Cast on November 30, 2020, and the City Council declared the election results at its next regularly scheduled meeting on December 15, 2020. For the November 2022 election, Los Angeles County issued the Official Canvass Certificate and Official Statement of Votes Cast on December 5, 2022, and the City Council declared the election results at its next regularly scheduled meeting on December 20, 2022.

Consistent with the requirements of California Government Code section 36801 and Section 2-21 of the West Covina Municipal Code, the City Council conducted its reorganization following the declaration of election results and installation of new Council Members at each of these meetings. Then, in the following non-election years (2021 and 2023), the City Council conducted its reorganization during the second regularly scheduled meeting in November as required by Section 2-21. As a result, Council Members that succeeded to the position of Mayor during an election year had mayoral terms of approximately 11 months, while Council Members that succeeded to the position of Mayor during a non-election year had mayoral terms of approximately 13 months.

Because the current requirements have resulted in unequal terms for the position of Mayor, the City Council directed that staff prepare an ordinance to amend Section 2-21 to provide for approximately equal terms.

On September 17, 2024, the West Covina City Council, by a 5-0 vote, introduced Ordinance No. 2523, which amends Article II of Chapter 2 of the West Covina Municipal Code regarding mayoral selection and duties.

DISCUSSION:

The City Attorney's Office has prepared the proposed Ordinance No. 2523 to provide for approximately one-year terms for the position of Mayor. The proposed Ordinance includes the following modifications:

Revises Section 2-21 to provide that during non-election years, the City Council shall reorganize and install a Mayor and Mayor Pro Tem at a regular or special meeting held approximately one year from the installation date of the outgoing Mayor.

Revises Section 2-21 to provide that when there are two or more newly elected first-term Council Members, they shall be added to the succession list in order based on who received the highest percentage of votes in their district at the election. Currently, Section 2-21 provides that the order will be determined by the person who received the highest number of votes at the election, which does not contemplate by-district elections.

Adds a new Section 2-30 specific to the duties of the presiding officer, incorporating the existing provisions from Section 2-21(a). This new section also clarifies the requirements and procedures regarding the presiding officer being physically present at the meeting.

Cleans up and clarifies the provisions of Section 2-21.

Staff recommends that the City Council adopt Ordinance No. 2523. The Ordinance will take effect on the 31st day following adoption, which is on or about November 1, 2024.

LEGAL REVIEW:

The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Adopt the ordinance; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

It can be seen with certainty that there is no possibility the adoption and implementation of this ordinance It can be seen with certainty that there is no possibility the adoption and implementation of this ordinance will have a significant effect on the environment. The ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.

Attachments
Attachment No. 1 - Ordinance No. 2523
ATTACHMENT NO. 1
ORDINANCE NO. 2523

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING ARTICLE II
(CITY COUNCIL) OF CHAPTER 2 (ADMINSTRATION) OF

THE WEST COVINA MUNICIPAL CODE RELATING TO

MAYORAL SELECTION AND DUTIES AND MAKING A

DETERMINATION THAT THE ORDINANCE IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) (COMMON SENSE EXEMPTION)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, Section 36801 of the California Government Code requires the City Council to choose from its members a Mayor and Mayor Pro Tempore at the meeting at which the declaration of the results of a general municipal election is made, following the declaration of the election results and the installation of elected officials; and WHEREAS, Section 2-21 of the West Covina Municipal Code outlines mayoral selection and duties; and
WHEREAS, Section 2-21 currently provides that the City Council shall conduct its annual reorganization during its second regularly scheduled meeting of November, except in even-numbered years when the reorganization will occur at the time the City Council confirms the official canvass of the municipal election results as required by California Government Code section 36801; and
WHEREAS, the current provisions of Section 2-21 have resulted in unequal mayoral terms; and
WHEREAS, the City Council desires to amend Section 2-21 to provide for mayoral terms that are approximately one year; and
WHEREAS, the City Council further desires to make other clarifying changes to Section 2-21, and to add a new Section 2-30 that specifically addresses the role of the presiding officer; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all of the facts and findings set forth in the recitals to this Ordinance are true and correct.

SECTION 2. Amendment to Section 2-21. Section 2-21 of Division 1 of Article II of Chapter 2 of the West Covina Municipal Code shall be amended to read as follows:

Sec. 2-21. - Mayor; selection.
(a) The mayor shall be the official head of the city for all ceremonial purposes and shall perform all duties imposed upon the mayor by the laws of the state or by ordinance of the city. The mayor shall serve in such capacity at the pleasure of the city council.
(b) During election years, the city council shall reorganize and install one of its members as mayor and one as mayor pro tempore (“mayor pro tem”) at the meeting at which it declares the results of the general municipal election in accordance with California Government Code section 36801. During nonelection years, the city council shall reorganize and install one of its members as mayor and one as mayor pro tem at a regular or special meeting held approximately one year from the installation date of the outgoing mayor. (c) The city council shall reorganize in accordance with the mayoral succession list, which shall be maintained by the city clerk. At the city council meeting at which the city council reorganizes, the current mayor pro tem shall succeed to the position of mayor. All other council members shall move up one (1) position, such that the council member in the third position on the succession list shall move into the mayor pro tem position. The outgoing mayor shall rotate to the bottom of the succession list, except that in a regular election year, any newly elected first-term council member shall be placed behind the outgoing mayor on the succession list. When there are two (2) or more newly elected first-term council members, they shall be added to the succession list in order based on who received the highest percentage of votes in their district at the election. If an incumbent council member is reelected during a regular election year, that council member shall maintain their position on the succession list. (d) In the event that the position of mayor or mayor pro tem becomes vacant for any reason, the succession order shall remain the same. If both the mayor and the mayor pro tem have changed prior to the next regularly scheduled reorganization, the council members serving as mayor and mayor pro tem shall keep their positions at the next regularly scheduled reorganization, for the term they would have held in the absence of the vacancies.
(e) Any individual appointed or elected to fill a vacancy in a city council seat shall be placed at the bottom of the mayoral succession list. (f) The city council by a minimum of four (4) votes may modify the mayoral succession list or remove and replace the mayor or mayor pro tem at any time.

SECTION 3. Amendment to Division 2 of Article II. Division 2 of Article II of Chapter 2 of the West Covina Municipal Code shall be amended to add a new Section 2-30 to read as follows:

Sec. 2-30. - Presiding officer; duties.
(a) The mayor shall be the presiding officer at all meetings of the city council, provided the mayor is physically present at the meeting. If the mayor attends the meeting remotely or is absent, the mayor pro tempore shall preside, provided the mayor pro tempore is physically present at the meeting. If both the mayor and mayor pro tempore attend the meeting remotely or are absent, the city clerk shall call the meeting to order, whereupon the council present shall select a temporary presiding officer to serve until the arrival of the mayor or mayor pro tempore or until adjournment.
(b) The presiding officer shall preserve strict order and decorum at all meetings of the city council. The presiding officer shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council members present shall govern and conclusively determine such question of order. Voting on all ordinances shall be by roll call vote called by the city clerk; and the presiding officer shall be entitled to vote last on all questions.

SECTION 4. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations.

SECTION 5. Inconsistencies. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 6. Severability. If any section, subsection, clause or phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this Ordinance. The City Council of West Covina hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 8. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED, APPROVED AND ADOPTED this 1st day of October, 2024. ________________________
Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
________________________ ________________________
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF WEST COVINA )
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2523 was introduced at a regular meeting of the City Council held on the 17th day of September, 2024, and adopted at a regular meeting of the City Council held on the 1st day of October, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 3

It is recommended that the City Council take the following actions:

Award Request for Proposals (“RFP”) No. 202404 for the City’s new website re-design to CivicPlus, LLC; and

1. Authorize the City Manager to negotiate and execute an agreement with CivicPlus, LLC, in such final form as approved by the City Attorney.

2. BACKGROUND:

The City of West Covina owns and operates the website at www.westcovina.org.

Starting in 2009, the City contracted with Civica the City's website platform. In February 2014, the City selected Vision Internet Providers, Inc. for website development services. The City's newly redesigned website, aimed at increasing customer service levels, transparency and making it more user-friendly, was launched in 2015. In September 2019, Vision Internet Providers, Inc. was acquired by Granicus.

As part of the City's contract with Granicus, a website redesign was included, and a new redesigned City website was launched on March 2020, which is the City's current website design. The website is currently hosted on the Granicus govAccess for Traditional visionLive platform.

West Covina's website includes approximately 746 pages with day-to-day administration by over 34 members of City staff. The website consists of:

Approximately 746 web pages
Approximately 44 subsections, many departmentally or divisional “branded.” Each subsection may include between 1-10 additional subsections.

An estimated traffic of 5,200 sessions per day.

The website has online calendars, agendas, and Council meeting videos.

Numerous online services through the website are provided by the City:

Direct link
Online Payments
Public Records Act Request
Fire Inspection
Embedded 3rd Party pages:

Class Registrations and Programs (DASH)
Business License (includes business search)
West Covina Report an Issue
Building Permit Submittals (embedded 3rd party page)
Building Division (3rd party link)
The City Council has directed staff to do a complete redesign of the website for better functionality, and to make it more user-friendly, streamlining all the information in order to enhance and simplify the layout, making it more efficient for visitors. Additionally, the redesign should make the website's mobile version more user-friendly, and ADA compatible to ensure it is accessible to all users, regardless of their ability.

The current website's platform is 10 years old, making it obsolete and unable to support Web Content Accessibility Guidelines (WCAG). In order to ensure the City maintains a functioning and compliant website, it will need to be upgraded to a more robust and flexible content management platform. This will allow the City to redesign the website beyond just the current informational layout to improve the usability, accessibility, and quality of its website to reconnect and strengthen communications within the community. Additionally, the website redesign will make it more responsive throughout and incorporate all existing content and primary web services to the new hosting environment platform, making it ADA compliant, more visually aesthetic, modern, and mobile friendly, ultimately attracting more visitors and improving civic engagement.

On March 4, 2024, the City released and advertised the Request for Proposals (RFP) on Planet Bids for the City of West Covina Website Re-Design (RFP No. 202404). Proposals were due on March 28, 2024.

The City received thirteen (13) proposals.

DISCUSSION:

Staff, consisting of the Assistant City Manager, Information Technology Manager and Community Economic Development Project Coordinator, reviewed all thirteen (13) RFP proposals to determine that submissions conformed to all the requirements in the City’s Website Re-design RFP # 202404. Through a vigorous evaluation, all thirteen (13) vendor proposals were ranked according to the following criteria.

Criteria Max Points
Completeness and Responsiveness of Proposal 20
References and Prior Record of Performance with City or Other Local, County or State Agency 20
Relevant Experience and Qualifications of Proposed Project Team 20 Timeline/Capacity to Perform and Provide Services 20
Proposed Cost to the City 20
TOTAL 100
The initial ranking was as follows:

Vendor Total Score Rank
CivicPlus 90 1
Granicus 87 2
Planetaria 76 3
GHD Svcs 66 4
Exemplifi 62 5
Mobikasa 55 6
Promet 54 7
Aten 51 8
Interpersonal 50 9
Juicebox 46 10
WeUsThem 43 11
Steppe Media 38 12
Lightspace 35 13
Through this evaluation, the top three (3) vendors were invited to provide an in-person or video conferencing demonstration. City staff completed the additional interview evaluations to select the most qualified vendor with expert professional/technical website design, domain transition, development, migration, implementation, training, hosting, and maintenance/support capabilities for the City’s new website re-design project. In addition, the demonstrations provided an extra catalyst to have the vendor show exactly how their experience and technology solutions will work best in not only re-designing the City’s existing website, but also transitioning the website to the new (.gov) domain, and training City staff for website administration to simplify content management.

CivicPlus came out on top in the criteria evaluation and demonstrated they can not only accomplish the City’s requirements, but also have the capability to transition the website to the new (.gov) domain, migrate the existing website into the new hosting environment platform, making it ADA compliant, more visually aesthetic, modern, and mobile friendly, and providing language translation, by the beginning of 2025 to meet the needs of the City of West Covina. In addition, CivicPlus includes modules and widgets for resident engagement (e.g. alert center, notifications), asset management (e.g. archive, document centers), information & navigation (e.g. quick links, intuitive design), and department-specific (e.g. bids).

CivicPlus accessibility compliance meets ADA (Section 508) and WCAG 2.0A and AA guidelines, surpassing ADA accessibility requirements. Any new regulations that require code change will be updated either automatically or quarterly. As part of this project, the West Covina Police Department website, which is hosted on a separate platform, will be integrated into the new City platform to ensure a fully accessibility-compliant City website.

The project timeline is approximately seven (7) to twelve (12) months with the following phases:

Phase 1 - Initiate Project Kickoff Meeting
Planning & Scheduling
Phase 2 - Analyze Customer Deliverable Submission
Consulting Engagement
Design Discovery Meeting
Content Process Meeting
Mood Board & Layout Proposal
Phase 3 - Design & Configure Design Concept Development Design Concept Meeting
Content Development
Agendas & Minutes Migration
Website Completion
Phase 4 - Optimize Website Finalization
Phase 5 - Education Training Engagement
Phase 6 - Launch Launch Confirmation Meeting
Website Launch
CivicPlus has been in business for over 25 years and has served over 10,000 customers. CivicPlus is the only government technology company exclusively committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative and integrated technology solutions built and supported by former municipal leaders and award-winning support teams. Below are links to other city websites they currently host:
lodi.gov
cityofchino.org
dublin.ca.gov
beverlyhills.org
Once the new website launches, CivicPlus will provide website hosting, maintenance, training and technical support services.
technical support services.

This item was originally agendized for the City Council Meeting on September 17, 2024. However, the item was removed from the agenda and rescheduled in order to allow for CivicPlus to attend the City Council meeting on October 1, 2024.

LEGAL REVIEW:

The City Attorney's Office will approve the final form of the agreement with CivicPlus, LLC prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Will Trujillo
Additional Approval: Roxanne Lerma
Fiscal Impact
FISCAL IMPACT:

The total investment for the initial term is $71,351.80 and has an annual recurring service of $25,031.

While this amount is within the City Manager's contracting authority, the website is a major component of the City’s operations, thus warranting Council consideration.

The initial term is proposed to be funded by the Financial Accounting Software project.

Project Fund Current Budget
Balance
Amount
Requested
New
Balance
C22014, Financial Accounting
Software
179
ARPA*
731,000 71,352 $659,648
Total $731,000 $71,352 $659,648
*ARPA funds must be committed (under contract and/or purchase order) by December 31, 2024 and expended by December 31, 2026.

The first-year Annual Services fee is included in the initial term cost. Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five percent technology fee uplift each year starting with Year 2 of the contract. The table below shows the financial impact over five years. The recurring annual cost is in line with the proposed renewal the City had received from its current website provider.

Funding Sources FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 Total General Fund 0 25,031 26,283 27,597 28,977 107,887
ARPA 71,352 0 0 0 0 71,352
Total $71,352 $25,031 $26,283 $27,597 $28,977 $179,239
Attachments
Attachment No. 1 - Draft Professional Services Agreement CITY COUNCIL GOALS & OBJECTIVES: A Creative and Active Community A Well-Planned Community
Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
An Accessible Community

1 CivicPlus, LLC
Form Revised July 2024

CITY OF WEST COVINA

PROFESSIONAL SERVICES AGREEMENT
WITH

CIVICPLUS, LLC
FOR

CITY WEBSITE RE-DESIGN, CONTENT MIGRATION, TRAINING, HOSTING,

MAINTENANCE, AND TECHNICAL SUPPORT
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of October 1, 2024 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and CIVICPLUS, LLC, a Kansas limited liability company (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to provide website re-design, content migration, training, hosting, maintenance, and technical support services, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise necessary to perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Consultant responded to the City’s Request for Proposals (RFP No. 202404) dated March 4, 2024, incorporated via this reference as if fully set forth herein, and Consultant’s response to the Request for Proposals was a material inducement to the City ultimately entering into this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in Consultant’s Proposal, attached hereto as Exhibit “A” and incorporated herein. Such services include project implementation, which includes, but is not limited to, project kickoff, planning and scheduling, align consulting, meetings, proposed website layouts, content development, agendas and minutes migration, website finalization, training, and website launch, as further detailed in Consultant’s Proposal (“Project Implementation”). Such services also include website hosting, maintenance, and technical support, as further detailed in Consultant’s Proposal (“Annual Recurring Services”).

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields ATTACHMENT NO. 1
.
2 CivicPlus, LLC
Form Revised July 2024
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal 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 laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all Project Implementation work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personal data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law.

1.8. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, .
3 CivicPlus, LLC
Form Revised July 2024
computer tapes, discs or files furnished or prepared by Consultant pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Consultant a flat fee of Seventy-One Thousand Three Hundred Fifty-One Dollars and Eighty-Cents ($71,351.80) for the Project Implementation services and the first year of the Annual Recurring Services. Thereafter, City agrees to pay Consultant an annual flat fee of Twenty-Five Thousand Thirty-One Dollars ($25,031.00) for the Annual Recurring Services, subject to the annual increase authorized pursuant to Section 2.2.

2.2. Annual Increase. Commencing on the anniversary of the date of the website launch, Consultant may increase the annual flat fee for the Annual Recurring Services in an amount not to exceed five percent (5%).

2.3. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit an invoice for the Project Implementation services and first year of Annual Recurring Services once this Agreement is fully executed.

Thereafter, commencing on the anniversary of the date of the website launch, Consultant may submit invoices on an annual basis. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement, and at the City’s expense.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Said services shall be performed in strict compliance with the Project Schedule set forth in Consultant’s Proposal. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of .
4 CivicPlus, LLC
Form Revised July 2024
performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, failure of financial institution, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years from the date of the website launch, unless previously terminated as provided herein. Thereafter, this Agreement may be extended for a maximum of two (2) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. Consultant may terminate this Agreement at any time, with or without cause, by providing at least sixty (60) days prior written notice to City.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. Consultant may terminate this Agreement at its discretion, effective immediately upon written notice to the City, if the City materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent account remaining past due for longer than 90 days is a material breach by City and is grounds for Consultant to terminate this Agreement. Consultant reserves the right to withhold, remove and/or discard City Data, as defined herein, without notice for any breach, including, without limitation, City’s non-payment. Upon termination for City’s breach, City’s right to access or use City Data immediately ceases, and Consultant shall have no obligation to maintain or forward any City Data.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
(a) Be adjudged a bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
.
5 CivicPlus, LLC
Form Revised July 2024
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for actual costs incurred and professional services performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. Due to the electronic nature of the services, in no event, other than material breach of this Agreement by Consultant, shall a refund be granted, in whole or in part, for any reason or no reason whatsoever, including but not limited to City’s cancellation of the services prior the end of the term, City’s failure to utilize the services, or Consultant’s failure to meet any service level agreement set forth herein, unless such failure is intentional or malicious.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000.000.00) general aggregate. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. .
6 CivicPlus, LLC
Form Revised July 2024
By execution of this Agreement, the Consultant certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate.

Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of the work set forth herein.

Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement.
(e) Cyber liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) aggregate.

If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance .
7 CivicPlus, LLC
Form Revised July 2024
provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
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8 CivicPlus, LLC
Form Revised July 2024

6.3. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) one (1) business day after the Email is sent if such communication is sent by Email, provided that no delivery failure notification has been received; and (c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

CivicPlus, LLC
302 South 4th Street, Suite 500
Manhattan, KS 66502
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (785) 370-7811 Tel: (626) 939-8410
Email: [email protected]
Attn: Hector Ortega
Email: [email protected]
Attn: William Trujillo, IT Manager

6.4. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.5. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.6. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. Notwithstanding the foregoing, Consultant may assign and transfer all of its rights under this Agreement by a sale of a majority of its assets or merger.

6.7. Indemnification and Hold Harmless.
(a) General Indemnification. Consultant agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the .
9 CivicPlus, LLC
Form Revised July 2024
Consultant, its employees, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. (b) Intellecual Property Indemnification. Consultant will defend at its expense or settle any third-party claim against City alleging that the services provided under this Agreement infringe intellectual property rights.

Consultant will pay infringement claim defense costs, Consultantnegotiated settlement amounts, and damages finally awarded by a court.

Consultant has no obligation for any claim of infringement arising from City’s use of the services for purposes not contemplated by this Agreement.

Consultant’s indemnification obligations under this Section are conditioned upon the City:
(i) promptly notifying Consultant of any claim in writing; (ii) cooperating with Consultant in the defense of ths claim; and (iii) granting Consultant sole control of the defense or settlement of the claim. The indemnification obligations of Consultant herein shall not apply to claims of intellectual property infringement relating to City Content, as defined herein.

6.8. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the .
10 CivicPlus, LLC
Form Revised July 2024
services to be performed hereunder. Consultant shall 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 further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. 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 paragraph.

6.9. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.10. Ownership of Documents. Upon full and complete payment of amounts owed for Project Implementation services, City will own any website graphic designs, services content, module content, importable/exportable data, and archived information (“City Content”) created by Consultant on behalf of City pursuant to this Agreement. “City Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which City provides to Consultant for processing, transmission, storage, or inputs into any website, software or module in connection with any services. City Content excludes any content in the public domain and any content owned or licensed by Consultant, whether in connection with providing services or otherwise. Upon completion of the Project Implementation services, Customer will take over the management and control of the services and City will assume full responsibility for City Content maintenance and administration. City, not Consultant, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all City Content. City hereby grants Consultant a worldwide, nonexclusive right and license to reproduce, distribute and display the City Content as necessary to provide the services. City represents and warrants that City owns all City Content or that City has permission from the rightful owner to use each of the elements of City Content and that City has all rights necessary for Consultant to use the City Content in connection with providing the services. City agrees that Consultant shall not be responsible or liable for the content of messages created by City or by City’s users or end-users who access services. Notwithstanding the foregoing, Consultant retains the right, but not the obligation, to remove any City Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.

At any time during the term of this Agreement, City will have the ability to download the City Content and export the data that is processed through the services (“City Data”). City may request Consultant to perform the export of City Data and provide the City Data to City in a commonly used format, at any time, for a fee to be quoted at time of request and approved in writing by City. Upon termination of this Agreement for any reason, whether or not City has retrieved or requested the City Data, Consultant reserves the right to permanently and definitively delete the City Content and City Data held in the services thirty (30) days following termination of this Agreement. During the thirty (30) day period following termination of this Agreement, regardless of the reason for its termination, City will not have access to the services. Intellectual property in the software or other original works created by or licensed to Consultant, including all software source code, documents, and materials used in performing the services (“Consultant .
11 CivicPlus, LLC
Form Revised July 2024
Property”) will remain the property of Consultant. Consultant Property specifically excludes City Content.

City shall not: license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any Consultant Property in any way, except as specifically provided in this Agreement; adapt, alter, modify, or make derivative works based upon any Consultant Property; create internet “links” to the Consultant Property software or “frame” or “mirror” any Consultant Property administrative access on any other server or wireless or internet-based device that may allow third-party entities, other than City, to use the services; reverse engineer, decompile, disassemble, or otherwise attempt to obtain the software source code to all or any portion of the services; make any attempt to gain unauthorized access to the services and/or any of Consultant’s systems or networks; or access any Consultant Property in order to: build a competitive product or service, build a product using similar ideas, features, functions or graphics of any Consultant Property, or copy any ideas, features, functions or graphics of any Consultant Property. Consultant’s name, logo, and the product and module names associated with any Consultant Property are trademarks of Consultant, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

6.11. Electronic Safeguards. Consultant shall identify internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Consultant shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.12. Economic Interest Statement. Consultant hereby acknowledges that pursuant to California Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said California Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.13. Conflict of Interest. Consultant and its officers, employees, and associates, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Consultant covenants that none of Consultant’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, or agent. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.14. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
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6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.23. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by .
13 CivicPlus, LLC
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electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.25. Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Paulina Morales
City Manager

CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Stephanie Sikkema
Risk Management
.

EXHIBIT A
CONSULTANT’S PROPOSAL
City of West Covina Website
Re-Design | RFP No. 202404
City of West Covina, California
PRESENTED BY:

Hector Ortega, Account Executive
March 28, 2024
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888.228.2233 March 28, 2024
Maria Delira
Purchasing Manager
Submitted via PlanetBids
RE: City of West Covina Website Re-Design | RFP No. 202404 Dear Ms. Delira and Selection Committee:

Every interaction between a member of your community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better. To do that, we build technology solutions to empower you and your staff to create digital interactions that are personal, one-stop, and frictionless.

With CivicPlus’ Municipal Websites Central (Web Central) content management system (CMS) West Covina won’t simply be getting a website—you’ll also obtain the tools to build a trusted and long-term relationship between you and your residents. By partnering with CivicPlus, you’ll receive:
• Responsive design that is available to your residents from anywhere on any device • Comprehensive suite of modules and tools tailored to the functionality you need most • Guaranteed redesign after four years of service to keep your website fresh and innovative • Hands-on migration of existing content by our team of experts • 24/7/365 emergency support with secure hosting and maintenance Your new website will be developed on the most robust and flexible CMS available. Web Central is an easy-to-use suite of cloud-based tools built specifically for local government. You’ll be able to inform and empower your residents and staff in more efficient ways.

We welcome the opportunity to discuss our proposed solution for West Covina and answer any questions you may have about partnering with CivicPlus.

Sincerely,

HECTOR ORTEGA
Account Executive
[email protected]
785.370.7811

COLE CHEEVER
Senior VP of Operations
(authorized to bind CivicPlus)
civicplus.com
Table of Contents
Company Overview. 1
Project Summary. 3
Methodology. 4
Fee Schedule. 25
Excluded or Subcontracted Services. 28
List of Similar Services Completed. 29
References. 31
Required Attachments. 32
civicplus.com 1
Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents through their web environment. Over the years, CivicPlus has continued to implement new technologies and merge with industry forerunners to maintain the highest standards of excellence and efficiency for our customers.

Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and CRM, process automation and digital services, codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA management.

Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting has been instrumental in making us a leader in government web technology. We are proud to have earned the trust of our over 10,000 customers and their 100,000+ administrative users. In addition, over 340 million residents engage with our solutions daily.

Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com

EXPERIENCE
25+ Years
10,000+ Customers
850+ Employees

RECOGNITION
Inc. 5000 11-time Honoree
GovTech 2024 Top 100 Company
Stevie® Awards Recognized with multiple, global awards for sales and customer service excellence
Contact
Hector Ortega
Account Executive
[email protected]
785.370.7811
civicplus.com 2
Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive experiences that elevate resident satisfaction, increase revenue, and streamline operations.

Government leaders tell us that one of their most pressing needs is to improve how residents access and experience municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables civic leaders to solve these problems, making consistently positive interactions between residents and government possible.

What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative and integrated technology solutions built and supported by former municipal leaders and award-winning support teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents. civicplus.com 3
Project Summary
West Covina is seeking proposals to redesign its website into a more easily navigated and updated format with an innovative design that enables its residents and visitors to find the services and information they need. While West Covina currently has a capable web presence that delivers general information and online documentation to website users, West Covina is looking to redesign its website beyond just the layout to improve the usability, accessibility, and quality of its website to reconnect and strengthen communications within the community. Additionally, West Covina expects its website redesign to be responsive throughout and incorporate all existing content and primary web services to the new hosting environment platform making it ADA compliant, more visually aesthetic, modern, and mobile friendly. The estimated timeline for this project is 16 to 28 weeks. Additional information can be found on page

5. CONTENT

MANAGEMENT
SYSTEM
Streamline your processes and add self-service options to reduce calls and walk-ins with our easy-to-use CMS specifically designed for local government.

Provide access to your website from any device, screen size, and orientation with a responsive and optimized design.

Ensure information is easily accessible for all your residents with a website that is highly compliant with the accessibility standards outlined within Section 508 and WCAG Level A & AA at go live.

IMPLEMENTATION
Rely on a dedicated team of industry experts as they guide you through implementation.

Lean on your consultant as they evaluate your specific needs and make recommendations for solutions to meet your goals.

Collaborate with your art director to develop a design that captures your community’s unique brand.

Enhance your content for usability and accessibility with intuitive navigation as our Content Development Team performs a hands-on migration of content, documents, and images to your new website.

Participate in personalized one-on-one education led by a CivicPlus trainer so you can confidently update your website long after launch.

H O S T I N G,

S E C U R I T Y, &

SUPPORT
Maintain peace of mind with an enterprise-level hosting environment monitored 24/7/365 and backed by a guaranteed 99.9% uptime (excluding maintenance).

Reach out to our award-winning, in-house Technical Support Team available via chat, phone, and email with your questions or access self-service tutorials and user guides on the CivicPlus Help Center 24/7/365.

Receive continuous system updates to keep your system running at the optimal capacity.

Partner with your customer success manager who will help you use the tools and products CivicPlus offers to create an ongoing strategy to better engage your residents.
civicplus.com 4
Methodology
Project Management Activities
Ongoing Project Management
Communication between you and your Web Central team will be continuous throughout your project. Sharing input and feedback through email, virtual meetings, phone calls, and our project management software will keep all stakeholders involved and informed. Cloud Coach offers task management transparency with a multi-level work breakdown structure and Gantt Chart-based project plan. • Centralized project communication and task management tools are located in a cloud-based project workspace
• Tasks, deliverables, and milestones are aligned to your specific scope of work The tools available through Cloud Coach combined with regular communication with your project manager provide you ample opportunities to quickly and efficiently review your project, check deliverables, and communicate feedback.

Project Meetings
Your dedicated Project Manager will walk you through every phase and assignment of your redesign, detailing the scope of work, project timeline, meetings with your design and content teams, and customer deadlines during your project kickoff meeting. Our project management software, Cloud Coach, offers task management transparency with a multi-level work breakdown structure and Gantt Chart-based project plan. Because West Covina will have constant access to project progress, weekly status meetings are not necessary.

Project Schedule
Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated training—CivicPlus delivers all of this and more during the development of your new website.

A typical ultimate project ranges from 16 – 28 weeks. West Covina’s exact project timeline will be created based on detailed project scope, project enhancements purchased, availability for meeting coordination, action item return and completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be managed and available in real-time via our project management software, Cloud Coach. Here you will have visibility into all tasks, timelines, and gantt charts as requested. civicplus.com 5
Ultimate Project Timeline
PHASE 1: INITIATE 2-4 Weeks • Project Kickoff Meeting
• Planning & Scheduling
PHASE 2: ANALYZE 4-6 Weeks
• Customer Deliverable Submission
• Consulting Engagement
• Design Discovery Meeting
• Content Process Meeting
• Mood Board & Layout Proposal
P H AS E 3: D E S I G N &

CONFIGURE
6-10 Weeks
• Design Concept Development
• Design Concept Meeting
• Content Development
• Agendas & Minutes Migration
• Website Completion
PHASE 4: OPTIMIZE 1-2 Weeks • Website Finalization
PHASE 5: EDUCATE 1-2 Weeks • Training Engagement
PHASE 6: LAUNCH 2-4 Weeks • Launch Confirmation Meeting • Website Launch
Approaching Your Project Implementation
PHASE 1: INITIATE
Project Kickoff – During this initial meeting, your project manager will perform introductions, detail deliverables needed, provide a high-level overview of the development process, and introduce tools and resources used to manage your project.

Planning & Scheduling – Your project manager will create a comprehensive project timeline based on the project scope and your specific needs.

PHASE 2: ANALYZE
Customer Deliverables – West Covina will be responsible for submitting deliverables as outlined.

Align Consulting – Align Consulting involves establishing goals for a project, addressing stakeholder needs, and establishing collective goals. This process helps stakeholders understand the project’s scope, resources, and tasks required for implementation. By fostering meaningful conversations, stakeholders can achieve a shared vision and a successful website project.
civicplus.com 6
Design Discovery Meeting – Your project manager and art director will meet with you to discuss design preferences and establish design structure from flexible layout options.

Content Process Meeting – Meet with your project manager and web content specialist to detail our content development process.

Mood Board & Layout Proposal – A custom layout in greyscale format and recommended color palette will be created by your art director, to which you’ll have the ability to review and provide feedback and approval.

PHASE 3: DESIGN & CONFIGURE
Design Concept Development – You’ll have the chance to review a responsive, functioning design concept prototype in an actual production environment. You will have the opportunity to evaluate the presented design concept and collaborate with your project team on any feedback and then final approval.

Content Development – Our Content Development team will migrate the agreed upon number of pages of content (including their text, documents, and images) from your current website to your new, Web Central website. Content will be enhanced for usability and accessibility, and we will organize your website pages to make them easy to navigate.

Agendas & Minutes Migration – The Content Development team will download, upload, and organize an agreed upon number of meetings to the Agenda Center module.

Website Completion – West Covina will receive a completed production website featuring your approved design combined with the finished content.

PHASE 4: OPTIMIZE
Website Finalization – Both the Web Central project team and you will prepare your website for launch. During this time, you will be able to make final adjustments to the content on your production website, as well as ensure overall satisfaction with your website.

PHASE 5: EDUCATE
Training Engagement – Our goal with your training plan is to give your staff the skills and tools they need to quickly and easily keep your website current. Your trainer will deliver training sessions for both administrators and users.

These sessions will be customized to equip your staff with the knowledge and comfort level needed to prepare your website for launch and maintain it in the future. The training session will use your production website so that users are familiar with your specific configuration and you can obtain hands-on experience.

In addition, your trainer will go into a deep-dive of the department-specific software modules such as Facilities and Activities with Parks and Recreation, Jobs with HR, and Bids with Procurement in your Advanced User Training.

PHASE 6: LAUNCH
Website Launch Confirmation Meeting – Your Web Central project team confirms all the details that are necessary to take your website live and explain what you can expect on launch day.

Website Launch – After final confirmation, your website will be made live and available to the public. civicplus.com 7
Website Re-Design and Development
Requirement Analysis
The content development process begins with your team meeting with the CivicPlus production team assigned to your project. They will cover best practices for content, the type of content to be carried over, the migration timeline, agenda and minutes migration, best practices related to colors and images, creating engaging content, and development of online forms.

Website Re-Design

ULTIMATE PACKAGE DESIGNS
You’ll meet with your art director to discuss your website vision and build your custom layout. We will then collaborate with you to create a custom design that represents your community. We will focus on including the functionality to meet your website needs, including an option for up to three advanced design components—layout or design elements that require significant time to style and implement. Working with your art director, you will identify the appropriate components to achieve or enhance the usability goals for your website. Every project is designed from scratch.

Our extensive past experience has shown that providing multiple design and layout options is often a detriment to the end product. Making multiple design options requires taking an effective direction and watering it down into multiple options, which makes it more difficult to provide the most effective solution. Throughout our experience, we have seen that customers who have been given multiple options will combine elements of all options in the end, which would be accomplished more quickly and effectively without the initial multi-design process.

Our content development and graphic design teams have worked on thousands of government websites, utilizing best practices for navigation and usability. Our methods are proven, and design and architecture is more fully developed during project consultation. Our designers keep usability in the forefront when setting up designs that include not just the home page, but every page with content. Our Content Developers will follow through with the designs to make sure that every page is consistent.

MOOD BOARD & L AYOUT PROPOSAL
Your project team will present a custom mood board reflecting the colors and/or imagery that will set the tone for your design. A mood board is used to align the visual direction of the project. There will be multiple opportunities to proof your presented designs, until you feel the options truly portray your City.

This process involves conversing with your art director on the order, placement, and format of your homepage content and design elements, aimed at achieving your usability goals. Your preferences will be solidified into a homepage layout wireframe, which will provide the structural blueprint for the visual design application. Aligning project goals and design through the layout proposal ensures a timely and efficient implementation of your Web Central website.

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DESIGN EXAMPLES
The included design portfolio will provide you with an idea of the different directions we can take your creative design with the ultimate implementation package.

Gulf Shores, AL
gulfshoresal.gov
Framingham, MA
framinghamma.gov
Riverside, IL
riverside.il.us
Nevada County, CA
nevadacountyca.gov
Website Sitemap Re-Structure
The layout for your website is determined by you and the designer. The placement of navigation and dynamic areas are important in guiding website visitors to key information quickly and easily. Our consultants make recommendations based upon website-user studies and research on best practices.

Some of our additional recommendations include, but are not limited to, mega menus and dynamic Frequently Asked Question (FAQ) placement. The use of a mega menu provides quick and easy 1-click access to the most frequently used pages for each department on your website. By hovering over the panel of main options, a menu of links to pages drops down for the user’s selection. It’s always accessible but doesn’t take up valuable space on each page.

FAQs provide valuable and easy to access information. This keeps your citizens informed without the need for them to call your office. FAQs can be organized by departments and/or category—may be added to any page of your website and can be set up to link to additional information or documentation for easy reference. FAQs have their own search feature, so your website visitors can easily find answers to the questions they ask the most. civicplus.com 9
When a user visits a CivicPlus municipal website, Dynamic Breadcrumbs are used to show their location within the website. Breadcrumbs are automatically generated by the CivicPlus system. This feature assists a site visitor in understanding the site structure and navigation. A dynamically generated site map automatically updates itself based on your menu system, so if a menu item is renamed, moved, added, or deleted in your navigation, the site map and breadcrumbs will reflect those changes. The Site Report module includes the ability to export a pages report (i.e. sitemap), which can be viewed in Excel.

Website Migration to New Platform
The CivicPlus content team will manually complete the agreed-upon content migration. They will cover every page of your primary website, to optimize and carry over your content, documents, links, agendas, minutes, images, contact information, and more. They will ensure content is standardized for the web. Navigation will be established as part of the website design process, and ease of use is a key component of all CivicPlus website designs.

CivicPlus delivers a completed website on a hosted platform. CivicPlus has 25 years of experience building and supporting local government websites, and there are over 3,700 current customers on the Web Central platform. The new website will be presented on a temporary URL for final testing and training before launch.

Website Hosting and Transition
Information on Hosting can be found on page 21.

Website Testing
CivicPlus satisfies West Covina’s requirements for testing.

Training
Sample Training Plan
Day 1

SYSTEM ADMINS ONLY ALL USERS
9:00 AM First Admin Session (90 Min) 1:00 PM Intro to CivicEngage / Login and Dashboard (30 Min)
10:30 AM Break (15 Min) 1:30 PM Pages Live Edit (60 Min) 10:45 AM First Admin Session cont. (75 Min) 2:30 PM Break (15 Min) 12:00 PM Lunch Break (60 Min) 2:45 PM Pages Live Edit cont. (75 Min) 4:00 PM End of Day
civicplus.com 10
System and End User Documentation
CivicPlus does not print documentation or training materials. However, we do maintain an online Help Center that customers can search, browse, or print from as they wish. Our Help Center is continually monitored and updated by our dedicated Knowledge Management Team to ensure we are providing the information and resources you need to optimize your CivicPlus Website.

CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs, and can get tips on best practices. The Help Center also provides our release notes to keep you in the loop on upcoming enhancements and maintenance. The Community Forum allows your staff to interact with each other, send CivicPlus feedback and suggestions for future system enhancements, and view trending topics.

System Administration and End User Training
Implementation Training/Walkthrough
A CivicPlus trainer will deliver virtual to all web administrators and departmental users within West Covina and equip them with the necessary knowledge and tools they need in order to maintain the new Web Central website. Your staff will leave training proficient in best practices and module usage, as well as how to use widgets and edit their web pages.

Day 2

ALL USERS ALL USERS UNTIL THE BREAK
9:00 AM Intro to Modules (30 Min) 1:00 PM Citizen Engagement Notify Me Modules:

Newsflash, Alert Center (90 Min)
9:30 AM FAQs and Quick Links (60 Min 2:30 PM Break (15 Min) 10:30 AM Break (15 Min) 2:45 PM Admin Session #2 (75 Min) (Sys Admins) 10:45 AM Document Management (75 Min) 4:00 PM End of Day 12:00 PM Lunch Break (60 Min)
Day 3

ALL USERS ALL USERS
9:00 AM Calendar (60 Min) 1:00 PM Work Session (75 Min) 10:00 AM Archive Center / Staff Directory 4:00 PM End of Day 10:30 AM Break (15 Min)
10:45 AM Work Session or Form Center
12:00 PM Lunch Break (60 Min)
civicplus.com 11
Actions
• Pages Live Edit – Your CivicPlus trainer will introduce you to our unique front-end editing tools and our dynamic widgets. Learn how to change navigation, edit content, add and remove pages, and how to set up content for easy maintenance.
• Modules – Your CivicPlus trainer will introduce you to all of the modules included in your Web Central platform.

All stakeholders will not only learn how to use the module, but how to use it to accomplish the common tasks they do most frequently on the website, and how to do it as efficiently as possible. • Admin Tools – All website tools, analytics, permissions, user management, and enterprise-level settings will be taught in a special session with Admins and reinforced throughout the engagement. • Work Session – Our trainers believe that learning isn’t optimal without doing, so they will incorporate work session time into each session to ensure your staff is getting the hands-on experience needed to reinforce the learning and make it stick. As an added benefit, they encourage working on real content, which means you will be that much closer to the end goal by the end of training! CivicPlus does not print documentation or training materials. However, we do maintain an online Help Center that customers can search, browse, or print from as they wish.

Project Team
From project management to design and development to training and support, a professional and experienced project team will assist you throughout the development process to ensure your project’s success and your complete satisfaction. Based on our years of experience administering projects, it has become our policy to assign individual team members at the project start that connect with your style and municipality’s needs. As such, we do not provide names or resumes of team members during the RFP process. Rest assured that your project team, once assigned, will deliver the attention and effort you need and deserve to create a website that achieves your vision of success.

Project Manager – Provides communication, establishes project plan, schedules project resources, facilitates project tasks, ensures requirements are met according to scope
Consultant – Examines current state, recommends solutions to challenges, provides actionable steps for implementation Art Director – Establishes vision for website design, collaborates with graphic design team to create website design to meet your needs, coordinates design application to functioning website
Web Content Specialist – Guides content development process, ensuring application of best practices for usability and accessibility Trainer – Educates your team to use the Web Central system and demonstrates effective use of tools and functionality
West Covina’s
Project Team
Project Manager
Consultant Art Director
Trainer Web Content
Specialist
civicplus.com CONFIDENTIAL | 12
Team Leaders
Our expert team leaders will coordinate qualified specialists who will work directly with you throughout your project development and beyond.

TIFFANY WILLIAMSON, SENIOR VICE

PRESIDENT OF PRODUCT
Education – BA Speech Communication, JD Pepperdine University School of Law Resume – Chief Technology Officer & General Manager, VP Operations & Global Segment Marketing, VP Global Segment Planning & Marketing, Director, Strategic Planning 15+ Years Experience – Building and scaling SaaS platforms for the Government, Education, and Legal markets

ADAM BLOCK, SENIOR DIRECTOR OF

PROFESSIONAL SERVICES
Education – BS Business Administration Management; Economics Resume – Lead Project Manager; Financial Services
10+ Years Experience – Project Management; Business Management; Team Building; Customer Service

JEREMY WILSON, SENIOR DIRECTOR OF

CUSTOMER SUCCESS
Education – BS Political Science
Resume – Assistant Manager of Account Management; Solutions Specialist 5+ Years Experience – Customer Service; Leadership Sales; Team Building

JIM FLYNN, DIRECTOR OF INFORMATION

SECURITY
Education – BA Computer Information Systems
Resume – Chief Systems Architect; Information Technology Director; Software Engineer 20+ Years Experience – Cybersecurity; Hosting; Network Infrastructure; System and Software Architecture
civicplus.com 13
Website Content Management and Migration
CivicPlus’ Municipal Websites Central (Web Central) content management system (CMS) is robust and flexible with all the features and functionality you need today and in the future. Developed for municipalities that need to update their website frequently, CivicPlus provides a powerful government content management structure and website menu management system. The easy-to-use system allows non-technical employees to efficiently update any portion of your website.

Each website begins with a unique design developed to meet your specific communication and marketing goals, while showcasing the individuality of your community. Features and capabilities are added and customized as necessary, and all content is organized in accordance with web usability standards.

Modules & Widgets

RESIDENT ENGAGEMENT
Web Central offers many effective and easy-to-use resident engagement features. These tools easily integrate with the other key features.

Notices and Alerts – Post emergency or important information on your website and notify residents through email and SMS, via Alert Center.

Blog – Post opinions/information about various community topics and allow resident comments and subscriptions.

Calendar – Create multiple calendars and events to inform residents of upcoming activities that are viewable by list, week, or month.

Submit Requests and Report Issues – Allow residents to report a problem and provide follow-up communication with the point of contact (includes five user licenses & 10 request types) via Citizen Request Tracker (CRT).

Form Center – Create custom, online forms via simple drag-and-drop functionality. Track form submissions within the CMS and route email notifications to the appropriate individual(s).

Get Community Input – Post initiatives and project ideas to receive feedback and interact with your residents via Community Voice.

News – Post news items and keep your residents up to date on important information via News Flash.

Opinion Poll – Poll your residents on important topics by showing the Opinion Poll widget on relevant pages, to grab resident attention and quickly capture their responses to your polls. Polling helps with gathering and evaluating resident feedback, increasing resident engagement, and understanding your community.

Notifications – Allow your residents to subscribe to receive text and email notifications on topics that are important to them via Notify Me® (includes up to 500 SMS users).

Pop-up Modal – Use a pop-up modal to call attention to important information and notices, sitewide or on specific pages. civicplus.com 14

ASSET MANAGEMENT
Web Central comes fully equipped with a robust set of document and image management tools that work with other key features of our CMS, making it easy to build dynamic content that is easy for residents to navigate and access.

Agenda Center – Create and display meetings and agendas on the website utilizing our built-in Agenda Center module. For advanced functionality, including live meeting management, our integrated Agenda and Meeting Management product is available as an add-on.

Archive Center – Manage and retain serial and older documents.

Document Center – Organize and manage documents in one central repository.

Public Assets – Store all your images in one central location, to utilize individually or create slideshows on your site. Use the built-in editor to crop and resize photos, as needed. Images are optimized for performance, mobile responsiveness, and contain alt text for accessibility compliance.

INFORMATION & NAVIGATION
Organize your content and pages to make it easy to locate the information you and your residents need most with modules that help you update information quickly.

Easy for Residents to Navigate – An intuitive design, mega menu options, prominent buttons, and dynamic breadcrumbs throughout your site, all allow residents to easily find what they’re looking for.

Frequently Asked Questions (FAQs) – Provide answers to the most frequently asked questions to reduce phone and foot traffic for staff.

Graphic Links – Create visually appealing buttons to direct users to important information.

Info Advanced – Use Info Advanced to create engaging displays of information for reuse throughout the website.

Quick Links – Provide links to highly requested services and information. These are commonly displayed in website footers and right-hand navigation.

Resource Directory – Use the Resource Directory to showcase information on local businesses and/or community resources.

Staff Directory – Provide contact information for departments and individual staff members. Use the information throughout the site and keep updated in one location. The Staff Directory widget allows you to quickly place specific persons or departments on relevant pages.
civicplus.com 15

DEPARTMENT-SPECIFIC
There are several function-specific features and modules for government departments. These tools are integrated into the Web Central CMS and offer the ability to complete multiple steps in one action.

Activities – Create and post activities, events, and classes so residents can register for them and even pay online. Your administrators can view and create rosters. The Activities module integrates with the Facilities module so residents can view the location of the activity.

Facilities & Reservations – Display facilities on your site for residents to browse. Allow them to filter by amenities, view facility details, and even make reservations online.

Job Postings – Post available jobs online and accept online applications.

Bids – Post open bid opportunities for contractors to view available work, download supporting documentation, receive notifications on posted opportunities and submit bid applications online.

COMMONLY USED WIDGETS
An extensive widget library is available for ease of placing dynamic and visually appealing information on specific pages. Each widget is easy to use with drag-and-drop functionality and is configurable with individual styling options.

Community Voice Widget – Encourage civic participation and engagement by adding specific discussion areas to relevant pages.

Custom HTML Widget – Embed videos or other HTML features in your page.

Editor Widget – Edit text with word processing tools, plus web tools like code view and the Accessibility Checker.

Form Center Widget – Embed simple forms on a page.

Image Widget – Add images to a page.

Notify Me Widget – Place specific Notify Me subscriptions lists on pages to allow users to sign up for the exact lists you recommend.

Related Documents Widget – Create a dynamic list of documents referenced in the Document Center.

Slideshow Widget – Add a slideshow of images.

Tabbed Widget – Organize larger pages of information in horizontal, vertical, or stacked vertical or accordion style tabs.
civicplus.com 16
Administrative Features
The administration of your Web Central website is browser based, with no installation of software needed. You’ll be able to update your website from an internet connection on any platform (Mac or PC). Administrators can control the access to pages and manipulation of content as well as use automated features to streamline processes.

Administrative Dashboard – A home base for messages and quick access to your recent activities and time-sensitive action items such as pending approvals and expiring items.

Content Scheduling & Versioning – Set your content to auto-publish and auto-expire, with an archive of all published content and previous versions.

Dynamic Page Components – Modules such as Calendar, FAQs, and News Flash, may be included as dynamic page components on any page.

History Log – Track changes made to your website.

Intranet – Use permissions to set a secure location on your website that allows employees to login and access nonpublic resources and information.

Levels of Permissions – Assign staff members to groups with different levels of permissions of access and authority throughout the CMS.

Pending Approval Items – Administrators have access to a queue of pending items to be published or reviewed.

Website Statistics – Provided website analytics for analysis.

USER-FRIENDLY FEATURES
Not only is Web Central easy for your staff to use, various administrative features help make a more attractive, engaging, and intuitive website for your community.

Automatic Alt Tags – Built-in features assist with ongoing ADA compliance of your website.

Credit Card Processing – With the add-on feature CivicPlus Pay (Pay), you can integrate with an approved payment gateway to accept payments on your website (separate agreement must be made directly between you and the chosen approved gateway provider).

Preset Styling Standards and Ongoing Styling Flexibility – Site changes automatically inherit design standards and styles that you’ve set up for your homepage, interior layouts, and simple layouts. This keeps your website looking clean and always matching. We also offer large amounts of flexibility with placement and styles on an ongoing basis.

As you edit your website, you can easily adjust the location and style of widgets, content, carousels, lists, calendars, etc. to meet the look and feel you need for that area.

Link Redirects – Instead of sending your users to http://civicplus.com/248/Awards-and-Recognition, you can send them to http://civicplus.com/awards.

Live Edit – See where your information will be posted on a page before you make any changes with our WYSIWYG editor and drag-and-drop tools.
civicplus.com 17
Maps – Easily embed maps from Google, ESRI, and more using the HTML widget.

Mega Menu – A main navigation menu makes it easy to get to any page on your website quickly.

Predictive Site Search – Our powerful site search functionality automatically indexes all content making it easy for visitors to find information across pages, documents, and images.

Site Search Log – All search words are kept in a log.

Real Simple Syndication (RSS) Feeds – Administrators and website visitors can use RSS feeds to display content or be notified of content updates.

Responsive Design – With responsive design, your website adjusts to the screen size regardless of what device is being used, providing a seamless user experience.

Social Media – Set various modules to automatically post to your Facebook and/or X (formerly Twitter) feeds and incorporate compatible social media feeds and widgets into your website.

Supported Browsers – View your website in the latest versions of major browsers including Microsoft Edge, Firefox, Safari, and Chrome.

Third-Party Access – Utilize iframes, embeds, and/or links to most of your third-party services. Or use our growing list of APIs to build applications right from your website.

Translation – Integration with Google Translate translates web pages into over 100 languages.

CREDIT CARD PROCESSING WITH CIVICPLUS PAY
CivicPlus Pay (Pay) is our integrated, secure, PCI-compliant, utility application. Local governments can use Pay within many of our solutions to enable seamless payment capabilities.

Pay acts as the connector to facilitate a transaction between the CivicPlus solution and the selected payment gateway. Pay offers integrations with several common payment gateways to provide flexible payment solutions. CivicPlus has partnered with several integrated gateways to enhance the customer experience through a streamlined relationship between the CivicPlus solution and the gateway that processes the payments.

If a partner payment gateway is utilized by you, CivicPlus can assist with the facilitation, set-up, support, and troubleshooting services. Pay can also integrate with many other supported gateway providers in addition to our partner network, on a more limited fashion, to assist you in developing a successful system. Additional details on our approved partner network and other supported gateway providers is available upon request.

To utilize any of the approved gateways, an agreement will need to be executed directly between you and the vendor, that will assess separate merchant account and transaction fees. Additional information can be provided upon request.

Because EMV and Card-Swipe devices are encrypted specifically for individual payment gateways, you’ll need to procure any required devices directly from your selected gateway provider for either purchase or rent. We are happy to assist in your procurement of such devices.
civicplus.com 18

ACCESSIBILITY COMPLIANCE
With over 20% of adults in the United States having a disability, you need a website that conforms to all residents.

We provide highly compliant sites based on WCAG 2.0 A and AA guidelines, which encompass and surpass ADA accessibility requirements. This maximizes accessibility for all users while providing freedom to create a visually rich and appealing website. Our approach for each website includes the following steps to provide you a compliant and accessible website:
• We will deliver you a website that meets ADA (Section 508) and WCAG 2.0 A and AA levels. • Your staff can use the Accessibility Checker within the CMS to scan content created in the editor for any accessibility issues so you can correct them before publishing. • Our trainers will teach your staff best practices to keep your content and design elements accessible and up to date with the latest ADA/WCAG standards.
• Any new regulations that require code changes are done automatically, at least quarterly, with no additional effort required from you.
• In addition to updating the code, our product team also updates our best practices and provides regular updates to customers via our CivicPlus website, blog articles, webinars, and other publications.

MONSIDO
Additional Website Optimization & Compliance Tools – Monsido is an easy-to-use web governance platform available to purchase and add to your project. Monsido’s tools help you identify, prioritize and address content quality assurance and accessibility issues on your website so that you can achieve and maintain compliance according to WCAG 2.1 standards. Further, we can help you meet the latest data privacy and government policy standards. This optional enhancement can be added to your project. Additional details and a quote can be provided upon request.

AUDIOEYE MANAGED
AudioEye offers a range of products and services from self-service to turnkey managed solutions. At the core of AudioEye is the Digital Accessibility Platform (DAP). This powerful tool empowers auditors, designers, and developers to understand issues of accessibility and improve website infrastructure through the use of an innovative and easy-to-use interface. Conforming to Web Content Accessibility Guidelines (WCAG) 2.2 has never been easier.

AudioEye
• AudioEye Managed
• Proprietary automated testing suite
• Detect Section 508 and WCAG 2.2 Success Criteria violations • AudioEye engineers remediate accessibility issues
• Compliance monitoring
• Manual technical analysis and usability testing
• Support, training, and consulting from subject matter experts • AudioEye Toolbar with Web Personalization Tools
civicplus.com 19
AudioEye Managed
• Provides complete digital accessibility compliance auditing and resolution • End-to-end digital accessibility compliance testing, resolution, validation, and monitoring • Combines subject matter experts with technology —a team of engineers and manual testers to ensure issues of accessibility are fixed and stay fixed
AudioEye Toolbar
• Fully customizable user experience
• Tailored to individual needs regardless of device type, language preference, or preferred method of access • Users can customize the visual display of the website, listen to the content read aloud, and command the browser using voice controls
Digital Accessibility Platform
• Software as a Services (SaaS), API-first technology
• Offers end-to-end compliance auditing
• Ability to spider, scan, and diagnose entire websites, single blocks of code, and content delivered via API • Offers flexible resources for proper identification and remediation of the detected issues Website Content Migration
CivicPlus content team will manually complete the agreed-upon content migration. They will cover every page of your primary website, to optimize and carry over your content, document, links, agendas, minutes, images, contact information, and more. They will be checking for broken links, misspellings, and ensure content is standardized for the web.

The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop, and personalized resident interactions. Governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack • Access to a continually growing and fully documented set of APIs to better connect your administration’s processes and applications
• A centralized data store with robust data automation and integration capabilities civicplus.com 20

CIVICPLUS PORTAL
The CivicPlus Portal is the ideal addition to your website to create personalized, one-stop access for your residents to obtain information, resources, and interact with your municipality. By allowing residents to build a customizable dashboard with quick links to the pages and services on your website that they use most frequently, they’ll be more likely to conduct regular revenue-generating business with your municipality, and your staff will benefit from reduced phone calls, walk-ins, and emails.

INTEGRATION HUB
Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions, assemble powerful workflows, and set up complex automations—without the need for a developer. With Integration Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and data between CivicPlus solutions or with third parties (for an additional fee) saving your staff’s valuable time. The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Web Central today:
• An integration that will take a News Flash update in a specific category and immediately post it to the Alert Center • An integration that will push a new Calendar Event to post directly in the News Flash module civicplus.com 21
Data Center
• Highly reliable data center & secure
facility
• Managed network infrastructure
• On-site power backup & generators
• Multiple telecom/network providers
• Fully redundant network
• System monitoring − 24/7/365
Bandwidth
• Multiple network providers in place
• Burst bandwidth − 22 Gb/s
• Unlimited bandwidth usage for
normal business operations (does
not apply in the event of a cyber
attack)
Hosting
• Web Central software updates
• Server management & monitoring
• Multi-tiered software architecture
• Server software updates & security
patches
• Database server updates & security
patches
• Antivirus management & updates
• Server-class hardware from
nationally recognized provider
• Redundant firewall solutions
• High performance SAN with N+2
reliability
Disaster Recovery
• Emergency after-hours support, live
agent (24/7)
• On-line status monitor by Data
Center
• 8-hour guaranteed recovery TIME
objective (RTO)
• 24-hour guaranteed recovery POINT
objective (RPO)
• Pre-emptive monitoring for disaster
situations
• Multiple, geographically diverse data
centers
DDoS Mitigation • Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold*
engagement
DDoS Advanced
Security Coverage • Not Included - additional coverage available at time of event (fees will apply) *Thresholds: Traffic exceeds 25 Mb/s sustained for 2+ hours. Traffic over 1 Gb/s at any point during attack Website Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously. Redundant power sources and internet access ensure consistent and stable connections. You’ll find that our extensive, industryleading process and procedures for protecting and hosting your website are unparalleled. We offer secure data center facilities, constant and vigilant monitoring, and updating of your system, including 99.9% guaranteed up-time (excluding maintenance).

With Standard Hosting, CivicPlus is hosting the website in our Kansas City data center with a warm backup site in another state for disaster recovery. All of the hosting facility’s databases and web servers are backed up nightly; all backups are stored securely off-site. CivicPlus maintains a “warm” off-site hosting facility (in the United States and outside of Kansas) for use in the event of complete failure of the primary hosting facility. Data housed at the primary facility is replicated to CivicPlus’ backup disaster-recovery location multiple times per day.

If you experience a DDoS attack or threat, CivicPlus has mitigation and DDoS Advanced Security options available to you at the time of an event. Whatever your needs are we have an option that will be a fit for your community. civicplus.com 22
Hosting Practices
Our primary hosting facility is a Tier II data center housed in one of the key fiber transit buildings for Kansas City.

We have a SAS 70 Type II solution with controlled assess 24/7/365. The facility is of a redundant design in terms of infrastructure, network and servers, meaning multiple internet providers and power sources to prevent downtime.

The Data center has 55Gb/s of Bandwidth provided by 5+ carriers with BGP routing to provide for redundancy and load balancing. We strive to maintain a cushion of 40+ percent on what is available to the servers. That typically means we can support a single site’s needs beyond 10X their normal traffic. Average bandwidth per client is actually very low even the largest of our clients typically uses less than 20Mbps. There is no penalty for increased site traffic.

Disaster recovery highlights:
• Emergency Support, Live Agent (24/7)
• Online Status Monitoring
• Event Notification Emails
• Guaranteed Recovery TIME Objective (RTO) is 8 hours. (Platinum Security Upgrade is 2 hours) • Guaranteed Recovery POINT Objective (RPO) is 24 hours. (Platinum Security Upgrade is 1 hour) • Preemptive Monitoring for Disasters
• Multiple Data Centers
• Geographically Diverse Data Centers
We are currently upgrading all of our security procedures to be in alignment with NIST 800-53 ver. 5’s best practices for a moderate security impact environment. We also employ a 3rd party to perform bi-annual vulnerability and penetration testing, if vulnerabilities are found, we follow best practices to mitigate them based on the severity level.

Additionally, we employ another 3rd party to monitor, investigate, and report interesting, suspicious, and alarming internet behavior internet traffic to all of our websites. This type of monitoring is useful in detecting brute force attacks. For added protection against DDoS attacks we recommend upgrading to platinum security. In the event we discover a security event related to your website, we will contact you without undue delay and discuss options to mitigate/remedy the issue. The recommended remedy will frequently include an upgrade, at least temporarily, to the placement of the website behind a Cloudflare application. With the recommended platinum security, you will have that placement all the time, potentially preventing problems before they happen. Other security measures, include implementing multi-factor authentication, single sign-on capabilities, secure data transmission using TLS 1.2>, enforcing HTTPS connections, and utilizing anti-virus and anti-malware solutions. civicplus.com 23
Website Maintenance and Technical Support
Maintenance
Hosting and maintenance are included as part of our Annual Recurring Services agreements.

CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before they ever affect our customers’ web solutions. Our standard maintenance includes:
• Full backups performed daily
• Regularly scheduled upgrades including fixes and
other enhancements
• Testing
• Development
• Operating system patches
48-Month Redesign
At CivicPlus, we understand trends change daily and we continually analyze different ways to design our websites— making it easier and more user friendly for your residents to navigate. One of our best practices to help keep up with these new trends is by adding a redesign to your project. Unlike other vendors, our redesigns aren’t just changes in the colors or some of the buttons as your staff can do that independently. With a CivicPlus recurring redesign, you can receive a completely brand-new website design and layout after every 48 months of continuous service during our partnership. During the redesign, you’ll also receive a quality control review to ensure content is as expected with the new design application (although no changes will be made to the content itself). With this new design, you’ll stay up to date with current trends and best practices, providing a welcoming yet familiar virtual hub to engage your community.

Website Technical Support
With technology, unlimited support is crucial. Our live technical support engineers based in North America are ready to answer your staff members’ questions and ensure their confidence. CivicPlus’ support team is available 7 a.m. – 7 p.m. CST to assist with any questions or concerns regarding technical functionality and usage of your Web Central website.

CivicPlus Technical Support will provide a toll-free number, online chat support, as well as an online email support system for users to submit technical issues or questions. If the customer support specialist is unable to assist with the question or issue, the three-tier escalation process will begin to report issues to our product engineering team for resolution.

Emergency technical support is available 24/7 for designated, named points-of-contact, with members of CivicPlus’ support teams available for urgent requests.
civicplus.com 24

AWARD-WINNING
CivicPlus has been honored with two Gold Stevie® Awards, three Silver Stevie® Awards, and seven Bronze Stevie® Awards in the categories of Front-Line Customer Service Team of the Year – Technology Industries, Customer Service Training or Coaching Program of the Year – Technology Industries, Customer Service Department of the Year – Computer Software – Up to 1,000 Employees, Most Valuable Response by a Customer Service Team (COVID-19), Best Customer Satisfaction Strategy, and Remote Customer Service Innovation of the Year. The Stevie Awards are the world’s top honors for customer service, contact center, business development, and sales professionals.

CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs, and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge Management Team to ensure we are providing the information and resources you need to optimize your solution. In addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and maintenance.

ENGAGEXCHANGE
The ENGAGEXCHANGE is an online community and the central hub of ideas, guidance, tips, advice, and more for our Web Central customers. It reflects our commitment to:

Connection – Customers can connect with their peers to ask questions, discover solutions, share ideas, and join focus groups and beta opportunities.

Direction – Customers will have the opportunity to provide targeted input on the future direction of the Web Central roadmap and will be able to submit ideas for improvements and enhancements.

CONTINUING PARTNERSHIP
We won’t disappear after your website is launched. You’ll be assigned a dedicated customer success manager who will partner with you by providing information on best practices and how to utilize the tools of your new system to most effectively engage your residents.
civicplus.com 25
Fee Schedule
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing are valid for 120 days from March 28, 2024.

Features & Functionality
• Web Central CMS Tools, Widgets, & Features
• DNS Setup for URL westcovina.org
• AudioEye Managed
• CivicPlus Pay Approved Gateway with Forte
Implementation
• Ultimate Package
o 1 Custom Website Layout Proposal
o 1 Custom Design Built Using Approved
Custom Layout & up to 3 Advanced Design
Components
• 500 pages Content Development from URL
westcovina.org
• Up to 100 Meetings Worth of Agendas & Minutes
PDF/DOC Migration
• Up to 2 Days of Virtual Align Consulting
• Up to 3 Days of On-Site Training
(travel included)
Annual Recurring Services
• Hosting & Security
• 1 SSL Certificate
• DNS Hosting for URL westcovina.org
• Software Maintenance Including Service
Patches & System Enhancements
• 24/7 Technical Support & Access to the
CivicPlus Help Center
• Dedicated Customer Success Manager
• 48-Month Ultimate Website Redesign
West Covina’s Investment
List Price - Initial Term Total $93,129.00
Initial Term - Discount ($21,777.20)
Total Investment - Initial Term
(includes one-time fees and Initial Term annual services) $71,351.80 Annual Recurring Services
(subject to uplift) $25,031.00
civicplus.com 26
CivicPlus Project Pricing & Invoicing
CivicPlus prices on a per-project, all-inclusive basis (stated in U.S. dollars). This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost effective for our customers. It provides you with a price based on the products and features listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing.

CIVICPLUS OFFERS:

Standard Invoicing
• 100% of Initial Term invoiced upon signature date
• First-year Annual Services fee is included with your Initial Term cost • Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five percent technology fee uplift each year starting Year 2 of your contract Customized Billing/Invoicing
• Other billing options can be discussed before contract signing and, if feasible, a plan developed that works for all parties
• Not available with all CivicPlus products—please reach out for more details Payment Gateway Account
• Your chosen payment gateway will collect and disburse all credit card monies • If selected, any of our partner payment gateway Vendors will conduct a rate analysis upon discovery to provide the most competitive percentage + fee per transaction rate • CivicPlus Pay integrates with several payment gateways to provide maximum flexibility to our customers’ needs We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes.
civicplus.com 27
Optional Enhancement
We are confident in the ability of our proposed project to meet the needs and requirements of the RFP set forth by West Covina. Based on potential future conversations, the following is an additional enhancement we may recommend.

Design Center Pro
Experience the flexibility to update your website design. When it comes to updating your website design, Web Central is the most flexible solution. Whether you want to replace a banner, adjust theme colors, or modify your layout, we make it easy with no HTML or CSS coding needed.

Build: Create Impactful Web Pages with Tools Anyone on Your Team Can Use • Design custom landing pages for specific departments to engage residents • Develop unique graphic icons for municipal services and support • Create unique global navigation for custom landing pages Modify: Refresh Your CivicPlus Website with Personalized Themes • Change your website borders and backgrounds quickly and easily
• Adjust fonts and colors throughout your website from one easy-to-use location
• Update personalized banners to promote important news and events
Manage: Provide Specific Staff Access to Your Website Design Tools • Maintain consistent website design and best practices across your entire site • Provide custom design access for specific departments and staff • Oversee theme and widget modifications with front-end preview civicplus.com 28
Excluded or Subcontracted
Services
The City’s Role During Implementation
To help create the strongest possible website, we will need you to:
• Gather photos and logos that will be used in the overall branding and design of your new website • Provide website statistics to be utilized in reorganizing your website content, navigation, and design (if available)
• Complete the Design Form to communicate design preferences • Provide technical information in the DNS form for the set-up of your website domain name(s) • Perform reviews and provide official approvals throughout the project • Update the content on your current website and delete any pages you no longer need • Track website updates to be completed during your training session • Ensure you have the most up-to-date web browsers installed on your organization’s computers • Compile a list of your website users and desired permission levels • Reserve training location and necessary resources (computers, conference phone, etc.) Subcontractors
Because all services required for a successful project are performed in-house, no aspect of the development or implementation of your project will be outsourced or subcontracted. civicplus.com 29
List of Similar Services
Completed
CivicPlus is a privately held firm and does not release a list of customers during a public RFP process. With that being said, CivicPlus has designed, developed and implemented projects for over 10,000 customers. Should West Covina require more information on the customers we serve, we would be happy to have discussions with you later in the process with the understanding that any information shared would remain confidential. In lieu of this requirement, please see our case study examples below.

Leavenworth, Kansas
Municode (now CivicPlus) has been providing Codification services to Leavenworth, Kansas, for over 40 years. When Leavenworth, KS needed to update its website, its leaders knew exactly where to find exceptional service—from its long-term codifier. Leavenworth’s last major website redesign launched five years prior, with the goal of upgrading the City’s web presence.
“CivicPlus acquired Municode in 2021. Today, Municode’s Drupalbased open-source website content management system (CMS) is part of the CivicPlus Civic Experience Platform.”
Unfortunately, the difficult-to-use CMS resulted in pages that went stale and rarely saw updates. As a result, residents could not access the most current community information. When the team at Leavenworth first started speaking with Municode (now CivicPlus), the designs and functionality of its website solution impressed them, but the affordability raised concerns. Were they going to get all the tools and great designs at such an affordable price? Leavenworth discovered that an easy-to-use website (opens in a new tab)does not have to be expensive. Updating content inside the new CMS has been so straightforward that information stays up to date. In addition, the website’s visually stunning design has dramatically increased the number of resident visitors, thus decreasing the need for users to reach out to the City by phone.

The staff feels the new calendaring system is the most significant benefit of the municipal website redesign. Unlike its old CMS, Leavenworth’s new calendaring system provides staff and residents visibility into upcoming events up to a year in advance.

Great websites must be easy for staff, and residents and budget-friendly. Leavenworth’s new website does it all.

CHALLENGE:

Its web presence was outdated
SOLUTION:

Implement a modern government
website from CivicPlus
RESULT:

A visually appealing city website
civicplus.com 30
Fairbanks, Alaska
Fairbanks, Alaska, known by its motto as the “Heart of Alaska,” needed a new municipal website to match the ideal the community embraces. Before partnering with CivicPlus (formerly Municode), Fairbank’s previous website did not meet today’s modern web standards. Residents had a difficult time navigating the scrolling design and often felt overwhelmed by the many links presented simultaneously. Staff also felt the need for a modern content management system (CMS) as adding and maintaining web pages was becoming increasingly difficult. Its leaders also wanted to expand its codification services with more ways for residents to interact with the City’s code of ordinances.

Before redesigning its municipal website, Fairbanks previously partnered for over 20 years with Municde (now CivicPlus) to maintain its code of ordinances. However, the City had not yet embraced the Municode Online Code Hosting system, which meant its code of ordinances was available only as downloadable PDFs, causing staff to spend time scanning documents and residents to download individual ordinances.

Realizing the need for an improved website and code of ordinances platform, Fairbanks turned to its CivicPlus team.

Now, the city has a stunning and modern website(opens in a new tab) that benefits both residents and staff. Upon entering, users are greeted with rotating images of the City and wildlife as well as a custom banner that mimics the Alaskan landscape. The homepage is presented with a no-scroll design, allowing residents to quickly find what they need without feeling overwhelmed.

For staff, updating and maintaining the City website has never been easier. With a user-friendly CMS, little to no technical training is needed to create and update web pages. This convenience ensures all content remains up to date.

To further improve its website, Fairbanks added CivicPlus’ Online Code Hosting and additional premium features that provide an effective way for staff to upload code online, saving time previously spent scanning documents. Residents can also now easily navigate the code within the intuitive and searchable online platform without downloading a single document.

Premium features such as OrdBank allow staff and the public to view the entire history of the City’s code. This functionality helps staff when drafting new code to see how the ordinance has changed over time and increases transparency for residents as they know how and when something has changed.

CHALLENGE:

A modern digital presence and CMS to
manage content
SOLUTION:

Implement a CivicPlus Municipal
Website and Municode Codification
RESULT:

Improved ease-of-use for residents
and staff
civicplus.com CONFIDENTIAL | 31
References

CHINO, CALIFORNIA
13220 Central Avenue, Chino, California 91710
cityofchino.org
Vivian Castro, Deputy City Manager/Public Information Officer E: [email protected]
P: 909.334.3307

DUBLIN, CALIFORNIA
100 Civic Plaza, Dublin, California 94568
dublin.ca.gov
Shari Jackman, Communications Manager
E: [email protected]
P: 925.556.4555

LODI, CALIFORNIA
221 W. Pine Street, Lodi, California 95241
lodi.gov
Benjamin Buecher, IT Manager
E: [email protected]
P: 209.333.6800
AGENDA ITEM NO. 4

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: October 1, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: SECOND EXTENSION OF TIME FOR PRECISE PLAN NO. 20-08 AND TENTATIVE PARCEL MAP NO. 83444 AT 1211 E. BADILLO STREET (DELIVERY STATION) RECOMMENDATION:

It is recommended that the City Council approve the second one-year extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444.

BACKGROUND:

At its meeting of October 19, 2021, the City Council approved Precise Plan No. 20-08, Tree Removal Permit No. 21-12, and Tentative Parcel Map No. 83444, along with General Plan Amendment No. 20-03 (changed the land-use designation from Civic: Public Institution to Industrial), Zone Change No. 20-04 (changed the zoning from SP-11: Faith Community Church to Manufacturing M-1), Development Agreement No. 21-01, and the certification of the Mitigated Negative Declaration of Environmental Impact for the project, which allowed for the remodeling and revitalization of an existing 177,440 square-foot building and change of use from a church to a delivery station. The City Council adopted/approved ordinances and resolutions are included in the staff report as Attachment No. 1. The City Council approved a one-year extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444 on October 17, 2023. The applicant is requesting the second extension of time for Precise Plan No. 20-08 and Tentative Parcel Map No. 83444.

DISCUSSION:

The General Plan Amendment, Zone Change, and Development Agreement are in effect and do not expire unless revised through a separate resolution and ordinance. The approved first extension of time for Precise Plan and Tentative Parcel Map are valid for one-year and are due to expire on October 19, 2024, unless an extension of time is granted.

On August 21, 2024, Dean Navarro, representing the owner, submitted a letter (Attachment No. 2) requesting an extension of time for the approved entitlements due to leasing challenges for the property.

The property owner is currently in the market to find a tenant. The property is temporarily being used by Tesla as overflow vehicle parking/storage through an approved temporary use permit valid from May 2024 to November 2024.

If the City Council approves the second one-year extension of time, the Precise Plan and Tentative Parcel Map will expire on October 19, 2025, unless building permits are issued and the final map is recorded (which will vest the approvals).

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Jo-Anne Burns, Deputy Community Development Director Fiscal Impact
FISCAL IMPACT:

Under the approved Development Agreement, the Property Owner agrees to pay a total of $5,600,000 as the total Development Fee during the term of the agreement:

A one-time lump sum Development Fee in the amount of $2,000,000 to the City at issuance of the Final Certificate of Occupancy, which is to be used to provide Community Benefits.

Twelve annual payments of $100,000 to the City, starting with issuance of the Final Certificate of Occupancy, which are to be used to provide Community Benefits.

Twelve annual payments of $200,000 to the City to supplement the General Fund starting with issuance of the Final Certificate of Occupancy.

The table below outlines these payments over the twelve years.

Trigger Community
Benefits
General
Fund
Total
Final Certificate of
Occupancy
$2,100,000 $200,000 $2,300,000
Year 2 $100,000 $200,000 $300,000
Year 3 $100,000 $200,000 $300,000
Year 4 $100,000 $200,000 $300,000
Year 5 $100,000 $200,000 $300,000
Year 6 $100,000 $200,000 $300,000
Year 7 $100,000 $200,000 $300,000
Year 8 $100,000 $200,000 $300,000
Year 9 $100,000 $200,000 $300,000
Year 10 $100,000 $200,000 $300,000
Year 11 $100,000 $200,000 $300,000
Year 12 $100,000 $200,000 $300,000
Total $3,200,000 $2,400,000 $5,600,000
Attachments
Attachment No. 1 - Adopted Ordinances and Resolutions for the Project Attachment No. 2 - Extension Request Letter
CITY COUNCIL GOALS & OBJECTIVES: Expand Economic Development Opportunities Enhance City Image and Effectiveness
ATTACHMENT NO. 1

Mitigation Monitoring & Reporting Program
Initial Study / Mitigated Negative Declaration
Amazon Delivery Station DAX9 Project
(GPA No. 20‐3, ZC No. 20‐04, PP 20‐008)
SCH No. 2021070230
City of West Covina
Planning Division
1444 West Garvey Avenue South
West Covina, CA 91790
Contact: Jo-Anne Burns, Planning Manager
Email: [email protected]
Phone: (626) 939-8761

September 16, 2021
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx i Table of Contents

TABLE OF CONTENTS
Section Page
Mitigation Monitoring and Reporting Program .......................................................................... 1

1. Introduction ............................................................................................... 1

2. Mitigation Monitoring Procedures............................................................... 1

3. Mitigation Monitoring and Reporting Program ............................................ 1

4. Project Location .......................................................................................... 2

5. Project Description Summary ..................................................................... 2

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx ii Table of Contents Acronym List
The following acronyms are used in the Mitigation Monitoring and Reporting Matrix:

A
AES Aesthetics
AQ Air Quality
B
BIO Biological Resources
BMP Best Management Practice
C
CALGreen Green Building Standards Code
CalOSHA California Occupational Safety and Health Administration CBC California Building Code
CCR California Code of Regulations
CEQA California Environmental Quality Act
City City of West Covina
Council City of West Covina City Council
CUL Cultural Resources
D
DIF Development Impact Fee
DTSC Department of Toxic Substances Control
E
ENE Energy
G
GEO Geology and Soils
H
HAZ Hazards and Hazardous Materials
HYD Hydrology and Water Quality
I
I Interstate
L
LACSD Los Angeles County Sanitation District
LID Low-Impact Development
M
MBTA Migratory Bird Treaty Act
MLD Most Likely Descendent
MMRP Mitigation Monitoring and Reporting Program
N
NAHC Native American Heritage Commission

NOI NOI
NPDES National Pollutant Discharge Elimination System
P
PRD Permit Registration Document
PS Public Services
R
ROW Right-of-Way
S
SUSMP Standard Urban Stormwater Mitigation Plan
SWPPP Storm Water Pollution Prevention Plan
T
TCR Tribal Cultural Resources
TRA Transportation
U
UTL Utilities and Service Systems
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 1 Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM

1. INTRODUCTION
In accordance with the requirements of Section 21081.6 of the California Public Resources Code, and as part of its certification of the adequacy of Final Mitigated Negative Declaration (Final MND) for the Amazon Delivery Station DAX9 Project (Project), the City Council (Council) of the City of West Covina (City) adopts the following Mitigation Monitoring and Reporting Program (MMRP). The Council adopts this MMRP in its capacity as the lead agency for the Final MND in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and the City of West Covina Monitoring Requirements.

2. MITIGATION MONITORING PROCEDURES
The principal purpose of the MMRP is to ensure that the Council-approved mitigation measures and development requirements for the adopted Project are reported and monitored to ensure compliance with the measures’ requirements. In general, City of West Covina, Community Development Department is responsible for overseeing implementation and completion of the adopted measures. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached MMRP Table. However, the City Council retains overall responsibility for verifying implementation of all adopted mitigation measures.

3. MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures regulatory requirements. The attached MMRP Table provides the following monitoring information:
 Regulatory Requirements. All adopted regulatory requirements for the Project from the Final MND are included.
 Mitigation Measures. All adopted mitigation measures for the Project from the Final MND are included.
 Responsible for Implementation. The Project Applicant or designated representative is the responsible party for implementing the mitigation measures and regulatory requirements, and the City of West Covina or a designated representative is responsible for monitoring implementation of the mitigation measures and regulatory requirements, unless noted differently.
 Timing of Mitigation Measures and Regulatory Requirements. A time frame is provided for performance of the mitigation measures and regulatory requirements, and the specific action deadline is designed to ensure that impact-related components do not proceed without establishing that the mitigation measure or regulatory requirement is implemented.  Responsibility for Monitoring. The City Department(s) or other public agency(ies) responsible for overseeing the implementation and completion of mitigation measures and regulatory requirements is listed.
 Completion Date. The dates the mitigation measures and regulatory requirements are completed are to be filled in by the approving/verifying authority at a later date. Upon Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 2 Mitigation Monitoring and Reporting Program completion, the MMRP and associated documentation will be kept on file at the City of West Covina Community Development Department, Planning Division.

4. PROJECT LOCATION
The approximate 21.22-acre Project site is in the City of West Covina, in Los Angeles County, California. The site is located at 1211 East Badillo Street (current address), Badillo Road and south of East San Bernardino Road. The Project Applicant is proposing to change the building address to 1200 West San Bernardino Road. The site is located within the northern portion of the City and is approximately 1.0 mile north of Interstate 10 (I-10) Freeway, which provides regional access. Local access to the site is provided via east-west routes by San Bernardino Road and Badillo Street.

5. PROJECT DESCRIPTION SUMMARY
Amazon Inc., through its development partner, Greenlaw Partners, is seeking to locate in the City of West Covina (City) and repurpose the proposed Project site for a last mile delivery station. Delivery stations power the last mile of the order fulfillment process and help to speed up deliveries for customers. Packages are transported to delivery stations via trailer trucks (18 wheelers) from Amazon fulfillment and sortation centers and are sorted, picked, and loaded into delivery vehicles.

The packages would (1) enter the facility through the loading dock positions; (2) be sorted from a conveyor area; (3) be stored on mobile “Baker Racks”; and (4) be rolled to the delivery van loading area.

The proposed Project involves the revitalization and modernization of the existing on-site building.

The footprint for the structure would not change. The proposed building improvements on-site include demolition of portions of the tilt up walls for proposed dock door openings, as well as existing non-load bearing walls, plumbing, electrical, an existing mezzanine, and existing storefront for new roll up drive in/drive out doors. Eight new loading dock spaces/doors (at a higher height than existing doors and six new exterior overhead van doors (north and south elevations) would be installed. Construction work would include structural improvements, electrical, mechanical, plumbing, and overall site work. Two 12-foot high screen walls would be constructed, one south of the approach driveway and adjacent to the loading dock area (525 feet including a 26-foot wide gate) and one north of the loading dock area (271.9 feet including a 26-foot wide gate). The material for the 12-foot high walls includes a standard Concrete Masonry Unit, which is to be painted a matching color to the main building.

Interior modifications would include demolition of interior walls. Exterior property work would include removal of the playground area, pavement restriping, new directional striping and reconfiguration of the parking layouts, new smoker shelter at the north/east corner of the building, a new rideshare shelter, standard site directional and operational signage, and building mounted signage.

Other proposed modifications/improvements include relocation of existing on-site fire hydrants, and installation of platforms that are to be constructed at the truck court. New site fencing and gates would be located around the employee parking area on the west side of the building and no new fencing or gates would be installed around the perimeter of the site. Curb repair is also proposed, as well regrading for the van exit location at East San Bernardino Road in order to fix existing drainage low spots. This would include construction of new low impact development (LID) Stormwater Treatment Best Management Practices (BMPs) on the north side of the existing building. Additionally, all existing light poles would be removed and new fixtures, pole bases, light poles, and building mounted lighting would be installed in accordance with City lighting requirements and illumination standards.

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 3 Mitigation Monitoring and Reporting Program The landscape design is proposed to bring the site into closer conformance with the State’s Water Efficient Landscape Ordinance (WELO). Renovation of the site would include removal of high-water use, trees, and shrubs. The proposed new landscape plant pallet includes a mix of drought tolerant shrubs, grasses, and ground cover, as well as a variety of shade trees to be used throughout the parking area and around the perimeter of the site. The new irrigation would adhere to the requirements found in WELO and the City’s landscape and irrigation guidelines for commercial and industrial properties.

Existing parking areas would be restriped, and barriers would be erected to separate truck traffic from passenger traffic beyond the westernmost driveway to East San Bernardino Road. A total of 811 parking spaces would be provided — 185 for passenger vehicles and 626 for vans. Eight loading docks are to be located on the west side of the building and a hardscape (or partially paved) courtyard on the east side of the building would be converted to stage delivery vehicles prior to entering the south side of the building for loading.

5.1 Construction Program
Property improvement activities are anticipated to occur over a 5- to 6-month timeframe and take place 5 days a week, in accordance with the City’s permitted hours of operation.

Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 4 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
AESTHETICSRegulatory RequirementsRR AES‐1 Project design would be required to comply with Section 26-26-542, Manufacturing (M-14) Zone, of the West Covina Municipal Code. The City shall review and approve the Project’s design and operational plans, with consideration to elements including, but not limited to, orientation of buildings and uses, air quality, parking, traffic generation, noise/vibration, glare, and landscaping.

Project Applicant/ Developer
Design review City Planning
Department
RR AES‐2 Exterior lighting for the Project shall be designed and constructed in compliance with Section 26.519, Lighting, of the West Covina Municipal Code.

Project Applicant/ Developer
Design review City Public Works,
Building and Safety Services Department
AIR QUALITYRegulatory RequirementsRR AQ‐1 All construction activities shall be conducted in compliance with South Coast Air Quality Management
District’s Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Contractor compliance with Rule 403 requirements shall be mandated in the contractor’s specifications.

Project Contractor During construction City Public Works, Building and Safety Services Department
RR AQ‐2 All construction activities shall be conducted in compliance with South Coast Air Quality Management
District Rule 402, Nuisance, which states that a project shall not “discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property”.

Project Contractor During construction City Public Works, Building and Safety Services Department
Amazon Delivery Station DAX9 Project
R:\Projects\GRE17\3GRE170100\Environmental Documentation\MMRP\MMRP_Amazon Delivery Station DAX9-092021.docx 5 Mitigation Monitoring and Reporting Program AMAZON DELIVERY STATION DAX9 PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
BIOLOGICAL RESOURCESRegulatory RequirementsRR BIO‐1 The proposed on-site and off-site trees shall be planted, preserved, removed, replaced and/or maintained in accordance with Chapter 26, Article XIV, Division 1, Water Efficient Landscaping, and Chapter 26, Article VI, Division 9, Preservation, Protection and Removal of Trees, of the West Covina Municipal Code.

Project Applicant/ Developer
During and after construction
City Planning Department
Mitigation MeasuresMM BIO‐1 Prior to the issuance of any grading permits, the Community Development Director or designee shall verify that the following requirements for nesting birds and preconstruction survey are completed by the Project Applicant:
• The start of site-preparation activities and
subsequent construction activity initiation shall be scheduled outside of the bird nesting and breeding season (typically March 1 through August 15). If site-preparation activities start during the nesting season, a qualified Biologist shall conduct a nesting bird survey in potential bird nesting areas within 200 feet of any proposed disturbance. The survey shall be conducted no more than three days prior to the start of any ground disturbance activities. • If active nests of bird species protected by the
Migratory Bird Treaty Act (MBTA) and/or the California Fish and Game Code are present in the impact area or within 200 feet of the impact area, a temporary buffer shall be established a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the Biologist. • Clearing and/or construction activities within
buffer areas shall be postponed or halted until the
Project Applicant/ Developer
Prior to the issuance of any grading permits
Community Development
Amazon Delivery Station DAX9 Project
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
nest is complete (ex. juveniles have fledged from the nest and there is no evidence of a second nesting attempt) as determined by a qualified Biologist.

CULTURAL RESOURCESRegulatory RequirementsRR CUL‐1 If human remains are encountered during any Projectrelated ground-disturbing activities, Section 7050.5 of the California Health and Safety Code states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Section 5097.98 of the California Public Resources Code. The provisions of Section 15064.5 of the California Environmental Quality Act Guidelines shall also be followed. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission (NAHC). The NAHC will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. These requirements shall be included as notes on the contractor specification and verified by the Community Development Department, prior to issuance of grading permits. This measure shall be implemented to the satisfaction of the City in consultation with the County Coroner.

Project Applicant/ Developer/ Contractor
During ground disturbing activities
City Planning Department
Amazon Delivery Station DAX9 Project
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
Mitigation MeasuresMM CUL‐1 A qualified archaeologist (the “Project Archaeologist”) shall be retained prior to the start of any large scale earthwork activities related to Project construction.

The Project Archaeologist shall monitor all grounddisturbing activities within the areas of native soil (i.e., below existing areas of artificial fill from previous
construction). If archaeological or historical resources are encountered during implementation of any phase of the Project, the Project Archaeologist shall be allowed to temporarily divert or redirect excavation activities in the vicinity of the find in order to make an evaluation of the find.

Project Archaeologist
Prior to start of grading
City Planning Department
ENERGYRegulatory RequirementsRR ENE‐1 The Project must be designed in accordance with the applicable Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations [CCR], Title 24, Part 6) and the Title 24 Green Building Standards Code (CALGreen), (CCR, Title 24, Part 11). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods.

Project Applicant/ Developer
Design phase City Public Works,
Building and Safety Services Department
GEOLOGY AND SOILSRegulatory RequirementsRR GEO‐1 The Project shall be designed and constructed in compliance with the 2019 California Building Code (CBC) Design Parameters or the most current CBC adopted in the City’s Municipal Code.

Project Applicant/ Developer
Design phase City Public Works,
Building and Safety Services Department
RR GEO‐2 Prior to issuance of a grading permit, the Project Applicant shall prepare an erosion control plan in compliance with City’s Grading Ordinance, as approved by the City.

Project Applicant/ Developer
Prior to the issuance of a grading permit
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
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Mitigation Measures
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Timing of
Mitigation
Responsibility of
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Completion Date
(Signature Required)
Mitigation MeasuresMM GEO‐1 Site preparation and building design specifications shall follow the recommendations in the Geotechnical Study Proposed DAX9 Warehouse Improvements, 1211 Badillo Street, West Covina, California, prepared by Kleinfelder (dated November 13, 2020), as well as any additional future site specific, design-level geotechnical investigations of the Project. Site preparation and earthwork operations shall be performed in accordance with applicable codes, safety regulations and other local, State, or federal specifications.

Project Applicant/ Developer
Prior to the issuance of a grading permit
City Public Works, Building and Safety Services Department MM GEO‐2 In the event paleontological resources are
encountered during construction, ground-disturbing activity shall cease. It is recommended that a Qualified Paleontologist be retained by the Applicant to examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered. Criteria for discard of specific fossil specimens shall be made explicit. If a Qualified Paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction; monitoring work and halting construction if an important fossil needs to be recovered; and/or cleaning, identifying, and cataloging specimens for
curation and research purposes. The cost associated with recovery, salvage, and treatment shall be borne by the Applicant. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the Qualified Professional.

Resources shall be identified and curated into an established accredited professional repository. The Qualified Professional shall have a repository
Paleontologist During construction
and ground disturbing activities
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
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GREENHOUSE GAS EMISSIONSRegulatory RequirementsRR ENE‐1 would be applicable. HAZARDS AND HAZARDOUS MATERIALSRegulatory RequirementsRR HAZ‐1 The demolition contractor shall comply with the requirements of Title 8 of the California Code of Regulations (Section 1532.1-Lead) regarding the removal of lead-based paint or other materials containing lead. The regulations set exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to lead. Lead-contaminated debris and other wastes shall be removed and monitored by contractors with appropriate certifications from the California Department of Health Services and disposed of in accordance with the applicable provisions of the California Health and Safety Code.

Demolition Contractor
During demolition City Public Works,
Building and Safety Services Department
RR HAZ‐2 The demolition contractor shall comply with the South Coast Air Quality Management District’s (SCAQMD’s)
Rule 1403, which provides guidelines for the proper removal and disposal of asbestos-containing materials. In accordance with Rule 1403, prior to the demolition, renovation, rehabilitation, or alteration of structures that may contain asbestos, an asbestos survey shall be performed by a Certified Asbestos Consultant (certified by the California Occupational Safety and Health Administration [CalOSHA]) to identify building materials that contain asbestos. Removal of the asbestos shall then include prior notification of the SCAQMD and compliance with removal procedures and time schedules; asbestos handling and clean-up procedures; and storage, disposal, and landfilling requirements under Rule 1403.

Demolition Contractor/ Certified Asbestos Consultant
Prior to demolition City Public Works,
Building and Safety Services Department
Amazon Delivery Station DAX9 Project
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
RR HAZ‐3 The demolition contractor shall comply with the California Health and Safety Code (Section 39650 et
seq.) and the California Code of Regulations (Title 8, Section 1529), which prohibit emissions of asbestos from asbestos related demolition or construction activities; require medical examinations and monitoring of employees engaged in activities that could disturb asbestos; specify precautions and safe work practices that must be followed to minimize the potential for the release of asbestos fibers; and require notice to federal and local government agencies prior
to beginning renovation or demolition that could disturb asbestos.

Demolition Contractor
During demolition City Public Works,
Building and Safety Services Department
RR HAZ‐4 All construction on public rights-of-way shall include the implementation of traffic control measures in accordance with the West Covina Municipal Code Chapter 12.20, Street Excavation, and Chapter 19, Article X, Section 19-302, Standard Specifications for Public Works Construction, which adopts the Greenbook by reference.

Contractor During construction City Public Works,
Building and Safety Services Department
Mitigation MeasuresMM HAZ‐1 Prior to grading and building permit approval, additional soil vapor sampling shall be performed in order to verify current vapor levels on the Project site. Sampling shall be completed according to Advisory Active Soil Gas Investigations (DTSC et. al. 2015) and results shall be compared to appropriate risk-based screening levels. If concentrations are below screening levels, no further mitigation is required. If concentrations are above screening levels, other actions shall be developed in consultation with appropriate regulatory agencies in order to reduce screening to appropriate levels.

Project Applicant/ Developer
Prior to the issuance of a grading and building permit
City Public Works, Building and Safety Services Department Amazon Delivery Station DAX9 Project
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
Responsible for
Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
HYDROLOGY AND WATER QUALITYRegulatory RequirementsRR HYD‐1 Prior to demolition and construction activities on the site, the Contractor shall prepare and file a Permit Registration Document (PRD) with the State Water Resources Control Board in order to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No 2009-009-DWQ, NPDES No. CAS000002) or the latest approved Construction General Permit. The PRD shall consist of a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP); an annual fee; and a signed certification statement. Pursuant to permit requirements, the Project Applicant/Developer shall implement the Best Management Practices (BMPs) in the SWPPP to reduce or eliminate construction-related pollutants in site runoff. The BMPs shall be implemented during all demolition and construction activities on the site.

Contractor Prior to demolition
and construction
City Public Works, Building and Safety Services Department RR HYD‐2 In accordance with Section 9.36, Control of Pollutants from New Developments/Redevelopment Projects, of the West Covina Municipal Code, the Project shall be constructed and operated in accordance with the standard urban stormwater mitigation plan (SUSMP) prepared for the Project and approved by the City.

Project Applicant/ Developer
During construction and operation
City Public Works, Building and Safety Services Department PUBLIC SERVICESRegulatory RequirementsRR PS‐1 The Project shall be designed and constructed in accordance with applicable regulations in Chapter 10, Fire Prevention and Protection, of the City of West Covina Municipal Code.

Project Applicant/ Developer
Design phase City Planning
Department
Amazon Delivery Station DAX9 Project
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Timing of
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Monitoring
Completion Date
(Signature Required)
RR PS‐2 Pursuant to Chapter 17, Article IV, Development Impact Fees of the City’s Municipal Code, prior to issuance of each building permit, the Project Applicant shall be responsible for payment of the City’s Development Impact Fees (DIFs) including police facilities, fire facilities, park facilities, administration facilities, and public works facilities, as appropriate and in amounts established by City Council Resolution.

The fees paid shall be those in effect at the time of issuance of the building permit, subject to applicable fee credits for community facilities provided as part of the Project.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department and West Covina Fire and Police Departments and City Public Works, Building and Safety Services Department RR PS‐3 The Project Applicant shall pay the applicable school development fee to the West Covina Unified School District, in accordance with Section 17620 of the California Education Code.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department West Covina Unified School District RR PS‐4 The Project Applicant shall pay the applicable park fee, in accordance with Chapter 26, Article VI, Section 2620 for the purpose of park and recreational facilities.

Project Applicant/ Developer
Prior to issuance of a building permit
City Planning Department
RECREATIONRegulatory RequirementsRR PS‐2 would be applicable. TRANSPORTATIONRegulatory RequirementsRR TRA‐1 All trucks used during demolition and construction and during long-term occupancy of the Project shall use designated truck routes, in compliance with Chapter 22, Division 5, Truck Routes, of the West Covina Municipal Code.

Project Applicant/ Developer
During demolition, construction, and occupancy
City Public Works, Traffic and Lighting Section
Amazon Delivery Station DAX9 Project
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Timing of
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Responsibility of
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Completion Date
(Signature Required)
RR TRA‐2 The Project shall be designed and constructed to provide adequate sight distance for drivers at all entrances and exits (driveways), drive aisles, and roadways, per West Covina Municipal Code Section 22.8, Obstruction to Visibility at Intersections or Driveways.

Project Applicant/ Developer
Design phase City Public Works,
Traffic and Lighting Section
Mitigation MeasuresMM TRA‐1 As determined by the Traffic Study Dated June 22, 2021, a new traffic signal shall be installed at the intersection of Cutter Way and Project Driveway #7. A signal and striping plan shall be submitted and approved by the City of Covina (since San Bernardino road is within City of Covina ROW). The plan shall also be submitted to the cities of West Covina and Covina for concurrence on the Signal Plan as well as the Signing and Striping Plans for San Bernardino
Road.

Project Applicant/ Developer
During final engineering
City of Covina And City of West Covina Public Works, Traffic and Lighting Section MM TRA‐2 All vegetation located along driveways on Badillo Street needs to provide a clear line of sight for exiting vehicles. All newly installed landscaping shall be lower than 3.5 feet in height on both sides of each driveway.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐3 New red curbs are required to provide clear line of sight for driveways along Badillo Avenue. The Red
Curbs are to be shown on all submitted plans to the City for Approval. The amount of red curb (in feet) is to be determined by applicant’s engineer based on Line of Sight Calculations.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐4 The signal and striping plan shall accommodate left turn lanes/pockets on both approaches of San Bernardino Road at Cutter Way to eliminate sight distance and safety issues for eastbound left turning vehicles whose views of the westbound vehicles may be blocked by trucks.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
Amazon Delivery Station DAX9 Project
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MITIGATION MONITORING AND REPORTING PROGRAM
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Implementation
Timing of
Mitigation
Responsibility of
Monitoring
Completion Date
(Signature Required)
MM TRA‐5 A 2-way left turn lane shall be installed along the entire Project east of Cutter Way to facilitate traffic turning out of the driveways on San Bernardino Road. As there are several driveways on both sides of San Bernardino Road, the future 2 way left turn lane shall facilitate all left turns in and out of all of these driveways to improve traffic safety along this corridor.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
MM TRA‐6 The amount of new red curb on San Bernardino Road, on either side of proposed driveways in order to provide clear line of sight, shall be shown on all plans submitted to the cities of Covina and West Covina for approval. The amount of red curb (in feet) is to be determined by applicant’s engineer based on Line of Sight Calculations as shown in Appendix G in the June 22, 2021 Traffic Impact Study, Figure 25.

Project Applicant/ Developer
During final engineering
City of Covina and City of West Covina Public Works, Traffic and Lighting Section MM TRA‐7 Conceptual Striping Plan for the left turn movements into driveways 5 and 6 on San Bernardino Road shall prohibit the left turn movement into the site necessitating the installation of NO LEFT TURN signs at each driveway for westbound traffic. This requires installation of R3-2 and R5-1 signs.

Project Applicant/ Developer
During final engineering
City Public Works, Traffic and Lighting Section
TRIBAL CULTURAL RESOURCESRegulatory RequirementsRR CUL‐1 would be applicable. UTILITIES AND SERVICE SYSTEMSRegulatory RequirementsRR UTL‐1 Water service to the Project, including application for water service, service connections, water rates, fire service, and water mains, shall be constructed and provided in accordance with Chapter 23, Article III, Water, of the West Covina Municipal Code.

Project Applicant/ Developer
Prior to final design permit
City Public Works, Engineering Division
RR UTL‐2 The Project Applicant shall pay the applicable Connection Fee Program capital facilities fees to the
Project Applicant/ Developer
Prior to construction
City Public Works, Engineering Division
Amazon Delivery Station DAX9 Project
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RR UTL‐3 The Project shall be designed and constructed with water-efficient fixtures and systems, as required by the CALGreen Code, which has been adopted by reference into Section 7-301, Adoption of Title 31 (Green Building Standards Code), of the West Covina Municipal Code.

Project Applicant/ Developer
Prior to construction
City Public Works, Engineering Division
RR UTL‐4 The Project contractor shall recycle, reuse, and/or salvage at least 65 percent of demolition and construction debris, in accordance with Section 4.408 of the CALGreen Code.

Project Applicant/ Developer
During demolition and construction
City Public Works, Maintenance Division, Environmental Services Section

VIA EMAIL ([email protected])
August 21st, 2024
Paulina Morales
City of West Covina
1444 W Garvey Ave S
West Covina, CA 91790
RE: ENTITLEMENT EXTENSION REQUEST – 1211 EAST BADILLO STREET Dear Paulina,
On behalf of GO West Covina Owners, LLC, we are requesting a one-year extension to the entitlement package that was approved by City Council for our property on October 19th, 2021. Our property is located at APN: 8434-015-018 on the street address of 1211 East Badillo Street, West Covina, CA.

Our need for the extension is due to our leasing results at the property. The tenant we had initially partnered with for the entitlements has since vacated the opportunity, so we are currently on the market for lease to find a new industrial type tenant that will fit within our approved use. Current market conditions have proved challenging to find a new tenant during the duration of our entitlements, but we remain confident in our path moving forward. Our plans for the property remain consistent with our entitlements and M-1 Industrial zoning.

Should you have any questions regarding our request, please don’t hesitate to reach out.

Sincerely,
Dean Navarro
GO West Covina Owners, LLC
[email protected]
ATTACHMENT NO. 2
AGENDA ITEM NO. 5

It is recommended that the City Council take the following actions:

1. Award the Construction Services Agreement for the FY 23-24 Residential Street Rehabilitation Project (Project No. C24008) to Onyx Paving Company, Inc. as the lowest responsible bidder;

2. Authorize the City Manager execute the Construction Services Agreement with Onyx Paving Company, Inc. for $4,324,000, in such final form as approved by the City Attorney;

3. Authorize 10% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments within the authorized contingency;

5. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction); and

6. Adopt the following resolution:

RESOLUTION NO. 2024-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (FY2023-24 RESIDENTIAL STREET REHAB)
BACKGROUND:

On February 20, 2024, the City Council directed staff to implement a 5-year pavement program for a total budget of approximately $28.8 million over 5 years. As part of City’s Pavement Management Program (“PMP”), the proposed project involves pavement rehabilitation and pavement maintenance work on the recommended streets. PMP is a planning and budgeting tool used to prioritize street paving and maintenance projects over a 10-year period. The approved PMP aims to increase PCI from the current 71 to 73 over the next 5 years.

The selected streets are based on the recommendations identified within the City’s PMP for Fiscal Year (FY) 2023-24, and also per engineering field review and judgment. City engineering staff reviewed the PMP recommendations for residential street maintenance, conducted field reviews, and determined the final streets to be included in this year’s (FY 2023-24) Residential Street Rehabilitation Project.

Major work components include construction of slurry seal, asphalt concrete resurfacing, reconstruction Major work components include construction of slurry seal, asphalt concrete resurfacing, reconstruction of localized asphalt repairs (pothole repairs), restoration of traffic loops, installation of traffic striping and related work.

As part of the project, approximately 1,300,000 square feet of pavement will receive asphalt slurry seal, and approximately 2,200,000 square feet of pavement will be resurfaced with new asphalt (coldmill and overlay). Coldmilling is the controlled removal of the surface of the existing pavement to the desired depth, with specially designed equipment to restore the pavement surface to a specified grade and cross-slope. Work also includes localized asphalt pothole repairs, markings and striping and related work. See Attachment No. 1 – Fiscal Year 2023-24 Residential Streets Rehabilitation Map and Locations for the streets included in this project.

DISCUSSION:

On August 3, 2024, staff advertised a construction bid package. The following nine (9) bids were received by the City at the Bid Opening held on September 5, 2024, at 2:00 PM.

Contractor Name Total Bid Amount
Onyx Paving Company, Inc. $4,324,000.00
Gentry Brothers $4,389,639.80
COPP Contracting $4,417,678.90
Calmex Engineering $4,510,162.60
Vance Corporation $4,596,184.05
All American Asphalt $4,629,264.00
PALP dba Excel Paving Company $5,048,235.55
RJ Noble Company $5,049,361.20
Hardy and Harper, Inc. $5,100,000.00
Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, State and Federal debarment list review for the apparent low bidder, Onyx Paving Company, Inc.

Lowest Responsive Bid
The lowest responsive bid was submitted by Onyx Paving Company, Inc. in the amount of $4,324,000.00. Following the City Council’s approval, the City will enter into an agreement with Onyx Paving Company, Inc. The agreement is included as Attachment No. 2.

Project Timeframe
The field construction duration is 60 working days (approx. 3 months). Field construction is anticipated to start late 2024, and construction to be completed in March 2025.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and the resolution and approved them as to form.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302: Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.

Prepared by: Okan Demirci, PE, QSD/P
Fiscal Impact
FISCAL IMPACT:

The project estimate is outlined below:

Base Construction Contract 4,324,000
Proposed Construction Contingency (10%) 432,400
Subtotal Construction Estimate 4,756,400
Project Management and Administration
(Including Preparation of Bid Docs) 195,000
Construction Management and Inspection 405,000
Newspaper Advertisement, Misc. Expenses 5,000
Total Project Estimate 5,361,400
Total Budget 2,600,000
(Over)/Under Budget -2,761,400
The approved PMP calls for an investment of approximately $28.5 million over 5-years, years two through five were included in the FY2024-25 CIP Budget. However, the first year needs to be amended to allocate funding. Consistent with the previous recommendation, funding is proposed to come from SB1 and Measure M. The table below summarizes the proposed budget amendment.

Project Fund Current Budget
Balance
Total Project
Estimate
Proposed Budget
Amendment
C24008, Residential Street
Rehab Program FY 23-24
237, SB1 2,600,000 3,277,000 677,000
235,
Measure M
0 2,084,400 2,084,400
Total $2,600,000 $5,361,400 $2,761,400
Attachments
Attachment No.1 - Project Location List
Attachment No. 2 - Construction Services Agreement
Attachment No.3 - Resolution 2024-62
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
Enhance City Image and Effectiveness
FY 2023-24 RESIDENTIAL STREETS REHABILITATION LOCATION MAP & LIST Legend
Slurry Seal
AC Coldmill and Overlay
City Limits
ATTACHMENT NO.1
Street Name Begin Location End Location

ALWOOD ST INDIAN SUMMER AVE VALINDA AVE

ALWOOD ST PRICEDALE AVE FRANDALE AVE

ASHDALE ST STUART AVE END OF STREET

ASHDALE ST WALNUT CREEK PKWY STUART AVE

ASHWOOD ST BANDY AVE WALNUT CREEK PKWY

ASTELL AVE SERVICE AVE END OF STREET

ASTELL AVE DALEWOOD ST STUART AVE
ASTELL AVE S. GARVEY AVE DALEWOOD ST.

ASTELL AVE STUART AVE WALNUT CREEK PKWY

ASTELL AVE CAMERON AVE END OF STREET

ASTELL AVE GREENVILLE DR END OF STREET

AVINGTON AVE SERVICE AVE END OF STREET

AVINGTON AVE LARKWOOD ST MOBECK ST

AVINGTON AVE CAMERON AVE END OF STREET

AVINGTON AVE GREENVILLE DR END OF STREET

BANDY ST DALEWOOD ST WALNUT CREEK PKWY

BARBARA AVE VALINDA AVE HOLLY PL

BARBARA AVE GLENDORA AVE HOLLY PL

BENCOLA CT VINE AVE END OF STREET

BLUE DR GRETTA AVE BLUE DR

BLUE DR BLUE DR THACKERY ST

BUBBLING WELL RD TRUMAN PL VINE AVE
BUBBLING WELL RD MERCED AVE MICHELLE ST.

CEDARBROOK ST ASHWOOD ST PIMA AVE

CHARLINDA ST VALINDA AVE GRETTA AVE

CORONADO AVE GREENVILLE DR END OF STREET

CRAIG DR VINE AVE END OF STREET

CRAIG DR VINE AVE MERCED AVE

CRAIG DR HERRING AVE END OF STREET

CRAIG DR CAMERON AVE HOLLY PL

CRAIG DR FRANCISQUITO AVE ALWOOD ST

DALEWOOD ST GARDEN GLEN AVE GLENDORA AVE

DALEWOOD ST GARDEN GLEN ST ASHDALE ST

DAWLEY AVE SERVICE AVE END OF STREET

DAWLEY AVE CAMERON AVE MOBECK ST

DAWLEY AVE LARKWOOD AVE MOBECK ST

EMILY DR PORTNER ST MERLINDA ST

FLORENCE AVE HOLLY PL WALNUT AVE

FLORENCE AVE MULLENDER AVE END OF STREET

FLORENCE AVE SILVER BIRCH PL END OF STREET

FLORENCE AVE VALINDA AVE HOLLY PL

FRANDALE AVE ALWOOD ST FRANCISQUITO AVE

GARDEN GLEN ST WALNUT CREEK PKWY STUART AVE

GARDEN GLEN ST STUART AVE DALEWOOD ST
GARDEN GLEN ST S. GARVEY AVE. DALEWOOD ST.

GAYBAR AVE SERVICE AVE END OF STREET

GAYBAR AVE LARKWOOD ST CHARLINDA ST

GAYBAR AVE CAMERON AVE END OF STREET

GAYBAR AVE PORTNER ST VINE AVE

GREENVILLE DR PIMA AVE LARK ELLEN AVE

GREENVILLE DR NEFF AVE GRETTA AVE

GREENVILLE DR CRAIG DR END OF STREET

GREENVILLE DR CRAIG AVE SUSANNA AVE

GREENVILLE DR SUSANNA AVE SERENADE AVE

GRETTA AVE SERVICE AVE END OF STREET

GRETTA AVE CHARLINDA ST LARKWOOD ST

GRETTA AVE VINE AVE BLUE DR

GRETTA AVE HERRING AVE CAMERON AVE
Street Name Begin Location End Location

GRETTA AVE TRUMAN PL END OF STREET

GRETTA AVE TRUMAN PL MERCED AVE

GRETTA AVE CITY BOUNDARY (S/ MICHELLE ST) END OF STREET

HERRING AVE VALINDA AVE GRETTA AVE

HERRING AVE PIMA AVE LARK ELLEN AVE

HERRING AVE HOLLY PL GLENDORA AVE

HERRING AVE VALINDA AVE HOLLY PL

HOLLY PL CAMERON AVE NORTH END (MOBECK ST)

HOLLY PL PORTNER ST GREENVILLE DR

HOLLY PL VINE AVE HERRING AVE

HOLLY PL HERRING AVE CAMERON AVE

HOLLY PL FLORENCE AVE MERCED AVE

INDIAN SUMMER AVE GREENVILLE DR PORTNER ST

INDIAN SUMMER AVE VINE AVE END OF STREET

INDIAN SUMMER AVE HERRING PL END OF STREET

INDIAN SUMMER AVE FRANCISQUITO AVE CITY BOUNDARY

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LARKWOOD ST GRETTA AVE VANDERWELL AVE

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MCWOOD ST PRIMEAUX AVE LARK ELLEN AVE

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MERLINDA ST EMILY DR VALINDA AVE

MICHELLE ST HOLLY PL RUSSELEE DR

MICHELLE ST BUBBLINGWELL RD WESTCOVE PL

MICHELLE ST MULLENDER AVE WESTCOVE PL

MICHELLE ST MULLENDER AVE GLENDORA AVE

MICHELLE ST GRETTA AVE NEFF AVE

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MICHELLE ST LARK ELLEN AVE PRIMEAUX AVE

MICHELLE ST HOLLY PL SERENADE AVE

MOBECK ST VALINDA AVE HOLLY PL

MOBECK ST AVINGTON AVE DAWLEY AVE

MULLENDER AVE MERCED AVE FRANCISQUITO AVE

NEFF AVE GREENVILLE DR PORTNER ST

NEFF AVE MERCED AVE MICHELLE ST

PIMA AVE LARKWOOD ST SERVICE AVE

PIMA AVE STUART AVE WALNUT CREEK PKWY

PIMA AVE STUART AVE BANDY AVE

PIMA AVE PORTNER ST VINE AVE

PIMA AVE CAMERON AVE VINE AVE

PIMA AVE MERCED AVE GREENVILLE DR

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PORTNER ST LARK ELLEN AVE PIMA AVE

PORTNER ST NEFF AVE EMILY DR

PORTNER ST SUSANNA AVE HOLLY PL

PORTNER ST PRICEDALE AVE CRAIG DR

PRICEDALE AVE GREENVILLE DR PORTNER ST

PRICEDALE AVE LUCILLE AVE MICHELLE ST

PRICEDALE AVE END OF STREET ALWOOD ST

PRIMEAUX AVE MCWOOD ST MERCED AVE

RUSSELEE DR VINE AVE END OF TREET

RUSSELEE DR MICHELLE ST LUCILLE AVE

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SERENADE AVE END OF STREET BARBARA AVE
Street Name Begin Location End Location

SERENADE AVE HERRING AVE END OF STREET

SERENADE AVE GREENVILLE DR VINE AVE

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SERVICE AVE LARK ELLEN AVE GLENDORA AVE

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SILVER BIRCH PL BUBBLING WELL DR TRUMAN PL

SILVER BIRCH PL FRANCISQUITO AVE LUCILLE AVE

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STUART AVE LARK ELLEN AVE PIMA AVE

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SUSANNA AVE BARBARA AVE END OF STREET

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THACKERY ST VALINDA AVE GRETTA AVE

THACKERY ST PIMA AVE LARK ELLEN AVE

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TRUMAN PL CRAIG DR END OF STREET

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VANDERWELL AVE CAMERON AVE END OF STREET

VANDERWELL AVE CHARLINDA ST SERVICE AVE

WALNUT CREEK PKWY GLENDORA AVE PIMA AVE

WALNUT CREEK PKWY PIMA AVE LARK ELLEN AVE

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SERENADE AVE GREENVILLE DR VINE AVE

SERENADE AVE FLORENCE AVE MERCED AVE

SERVICE AVE LARK ELLEN AVE GLENDORA AVE

SHARONLEE DR HERRING AVE END OF STREET

SHARONLEE DR VINE AVE END OF STREET

SILVER BIRCH PL BUBBLING WELL DR TRUMAN PL

SILVER BIRCH PL FRANCISQUITO AVE LUCILLE AVE

SILVER BIRCH PL MICHELLE ST END OF STREET

STUART AVE LARK ELLEN AVE PIMA AVE

SUSANNA AVE MOBECK ST CAMERON AVE

SUSANNA AVE BARBARA AVE END OF STREET

SUSANNA AVE CAMERON AVE HERRING AVE

SUSANNA AVE VINE AVE MERCED AVE

THACKERY ST VALINDA AVE GRETTA AVE

THACKERY ST PIMA AVE LARK ELLEN AVE

TRUMAN PL BUBBLINGWELL DR END OF STREET

TRUMAN PL CRAIG DR END OF STREET

TRUMAN PL GRETTA AVE NEFF AVE

VANDERWELL AVE CAMERON AVE END OF STREET

VANDERWELL AVE CHARLINDA ST SERVICE AVE

WALNUT CREEK PKWY GLENDORA AVE PIMA AVE

WALNUT CREEK PKWY PIMA AVE LARK ELLEN AVE

WESCOVE PL GLENDORA AVE END OF STREET

WESCOVE PL MICHELLE ST END OF STREET
1 Rev. 09-2024

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. C24008
FY 23-24 RESIDENTIAL STREET REHABILITATION PROJECT
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of October 1, 2024 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and ONYX PAVING COMPANY, INC., a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the FY 23-24 Residential Street Rehabilitation Project, City Project No. C24008 (“Project”), that meet the requirements as shown in the project specifications and this Agreement.

B. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services.

C. City has determined that Contractor is the lowest responsible bidder.

D. City and Contractor desire to enter into this Agreement for the Project on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide all work described in the Contract Documents, as further described herein, which services may be referred to herein as the “services” or “work”. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality and fit for the purpose intended.

1.2 Documents Included in Contract. The complete Agreement consists of:
(a) This Agreement;
(b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract Documents for the Project (collectively, “Bid Documents”), incorporated by this reference as if fully set forth herein;
(c) Contractor’s Proposal, attached hereto as Exhibit A and incorporated herein; (d) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; ATTACHMENT NO. 2
Project No. C24008
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(e) Bonds, attached hereto as Exhibit C and incorporated herein; (f) The Standard Specifications and Standard Specifications for Public Works Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (g) All exhibits and attachments to the foregoing documents.

The documents comprising the complete Agreement may be referred to in this Agreement as the “Contract Documents.” In the event of an inconsistency between any of the terms in this Agreement and any of the documents referenced above, this Agreement shall govern.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time the work is performed.

1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including a business license from the City. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own active negligence.

1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of Project No. C24008
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the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 2-358. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.9 Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

Project No. C24008
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(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractorshall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Million Three Hundred Twenty-Four Thousand Dollars ($4,324,000.00) (herein “Contract Sum”), except as provided in Section 1.8 (Additional Services). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) of the Contract Sum shall be retained as performance security as detailed in Section 2.3 (Retention of Funds).

2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by Public Contract Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon Project No. C24008
5 Rev. 09-2024
the same terms provided for in Public Contract Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall complete all services within sixty (60) working days. Contractor shall submit for the Contract Officer’s approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period(s) specified in the Construction Schedule for performance of the services rendered pursuant to this Agreement shall be extended to the extent caused by delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency other than the City, if the Contractor within ten (10) days of the commencement of such delay notifies the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due to force majeure.

3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the City.

4.0 COORDINATION OF WORK

4.1 Representative of Contractor. The following principal(s) of Contractor are hereby designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Corey R. Kirshner
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by Project No. C24008
6 Rev. 09-2024
the City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. The Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City’s Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City’s Municipal Code.

4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the City’s express consent.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or protection of existing main or trunkline utilities but only to the extent such utilities were not identified in the invitation for bids or specifications. Where the specifications call for the Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum.

Contractor having been presented with a reasonable basis to suspect that any previously unidentified main or trunkline may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified Project No. C24008
7 Rev. 09-2024
utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delays which meet both of the following requirements: (i) the delays occurred after Contractor gave City the written notice required by this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company.

4.7 Trenches or Excavations. Pursuant to Public Contract Code Section 7104, if the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) 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 different from those indicated; or (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 the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.8 (Additional Services) of this Agreement.
(c) If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

4.8 Best Management Practices. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and nonstormwater discharges to receiving waters as required in Municipal NPDES Permit No.

CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.

5.0 INSURANCE

5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current Project No. C24008
8 Rev. 09-2024
A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake selfinsurance before commencing any of the work.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder’s Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the project site.

Project No. C24008
9 Rev. 09-2024
If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance Project No. C24008
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showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5 Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement or the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractors’ performance of the work covered under this Agreement.

5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an additional insured on insurance required of subcontractors.

5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only if issued by companies authorized to do business in California, rated with a current A.M. Best’s rating of no less than A:VII unless such requirements are waived by the City’s Risk Manager in writing due to unique circumstances. If the City’s Risk Manager determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the minimum limits of the insurance policies required by this Section by providing written notice to Contractor; provided that the Contractor may appeal such determination to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

6.0 BONDS

6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the payment of all persons furnishing labor or materials in connection with the work, (2) a performance bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Agreement, and (3) a warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a period of one (1) year following completion of the work, on the forms provided by the City. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be released or exonerated only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, http://www.fms.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If cosureties are used, their bonds must be on a joint and several basis.

6.3 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Agreement for the work to be performed will be permitted at the request and expense of Project No. C24008
11 Rev. 09-2024
Contractor.

7.0 INDEMNIFICATION
Contractor agrees to defend (with legal counsel of City’s choosing), indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, subcontractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees for counsel acceptable to City.
(d) Contractor’s duty to defend and indemnify as set forth herein shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of Project No. C24008
12 Rev. 09-2024
1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Contractor’s indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors.

8.0 RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as may be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

9.0 ENFORCEMENT OF AGREEMENT; TERMINATION

9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such Project No. C24008
13 Rev. 09-2024
court in the event of such action.

9.2 Notice of Default and Cure Period. If either party fails to perform its obligations hereunder, the nondefaulting party may provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or other security for performance thereof. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured.

9.3 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the move-off. (c) The cost of materials custom-made for this Agreement which the Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

Project No. C24008
14 Rev. 09-2024
The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement’s consideration.

9.5 “Claims” by Contractor under Section 9204. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall be subject to all requirements of Public Contract Code Section 9204 (“Section 9204”) as it may be amended from time to time. The parties acknowledge that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions, certain requests for payments not covered by contract, and certain requests for payments of amounts disputed by City. The parties further acknowledge that Section 9204 establishes all of the following: (i) Contractor may submit a “claim” to the City, as that term is defined in Section 9204; (ii) City has an initial 45 days to review and respond to the claim to state “what portion of the claim is disputed and what portion is undisputed”. If the City does not issue a written statement, the claim is deemed rejected in its entirety; (iii) Contractor must furnish reasonable documentation to support the claim; (iv) City has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures apply to resolve any amounts in dispute.

9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be considered a waiver of any other default concerning the same or any other provision of this Agreement.

9.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

9.8 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor further agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500.00) for each calendar day of delay in the performance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by the Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the Project No. C24008
15 Rev. 09-2024
liquidated damages constitute a reasonable estimate of actual damages, and are not punitive.

10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry.

11.0 MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
To Contractor: Onyx Paving Company, Inc.
2890 E. La Cresta Ave.

Anaheim, CA 92806
Attn: Corey R. Kirschner

11.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

11.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

Project No. C24008
16 Rev. 09-2024

11.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such unenforceability shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

11.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow any person to work under this Agreement unless such person is properly documented and may legally work within the United States.

11.6 Unfair Business Practices Claims. Consistent with Public Contract Code Section 7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) and under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment becomes effective when the City renders final payment to the Contractor without further acknowledgment by the parties.

11.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

11.8 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this Section.

11.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS.]
17 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF WEST COVINA,
A municipal corporation
Date: __________________________
Date: __________________________
__________________________________
Paulina Morales
City Manager

CONTRACTOR
__________________________________
Corey R. Kirshner
Chief Executive Officer
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Stephanie Sikkema
Risk Management
Rev. 09-2024

EXHIBIT A
CONTRACTOR’S PROPOSAL

BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION III. BID DOCUMENTS 9/3/2024
CITY OF HEMET - 445 E FLORIDA AVENUE HEMET, CA 92543
JILLEEN FERRIS 951-765-2360
$2,528,000

VARIOUS STREET FULL DEPTH
RECONSTRUCTION, ASPHALT PAVING MAY 2024
CITY OF DANA POINT - 33282 GOLDEN LANTERN, DANA POINT, CA 92629 SCOTT FISHER 760-814-7226
$1,314,878.59 CITYWIDE STREET IMPROVEMENTS NOV 2022
CITY OF EASTVALE - 12363 LIMONITE AVE #910, EASTVALE, CA 91752 CHUCK STAGNER 714-925-4628
$5,998,000 CITYWIDE STREET IMPROVEMENT MAR 2024

EXHIBIT B

CERTIFICATES OF INSURANCE

EXHIBIT C
BONDS
ATTACHMENT NO. 3
RESOLUTION NO. 2024-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2024 AND ENDING JUNE 30, 2025 (FY2023-24

RESIDENTIAL STREET REHAB)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on May 7, 2024, the City Manager presented to the City Council a proposed budget for Fiscal Year 2024-25 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 4, 2024, the City Council adopted a budget for the 2024-2025 Fiscal Year; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2025-06, attached hereto as Exhibit A, for Fiscal Year 2024-25.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 1st day of October, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-62 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1st day of October, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A
Fiscal Year 2024-25
Budget Amendment No. 2025-06
FY2023-24 Residential Street Rehab
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 235 - Measure M
Revenue 2,869,220 0 2,869,220
Expenditures 5,957,010 677,000 6,634,010
Net Transfers 0 0 0
Net Change in Fund Balance -$3,087,790 -$677,000 -$3,764,790 Fund 237 - SB1
Revenue 2,924,101 0 2,924,101
Expenditures 4,875,000 2,084,400 6,959,400
Net Transfers 567,200 0 567,200
Net Change in Fund Balance -$1,383,699 -$2,084,400 -$3,468,099 AGENDA ITEM NO. 6

SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS - PROJECT NO. C23028
RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Award the Construction Services Agreement for the Traffic Signal Improvements at Various Signalized Intersections (Project No. C23028) to Select Electric, Inc. as the lowest responsible bidder;

2. Authorize the City Manager to execute the Construction Services Agreement with Select Electric, Inc. for $2,659,949.00, in such final form as approved by the City Attorney;

3. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;

4. Authorize the City Manager to negotiate and execute any amendments within the authorized contingency; and

5. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

BACKGROUND:

On November 1, 2020, the City submitted the Highway Safety Improvements Program (HSIP) Cycle 10 grant funding request to the State, for Traffic Signal Improvements at 10 Intersections, Citywide. The proposed improvements as part of the grant funding request application included various traffic signal improvements for traffic and pedestrian safety, including installation of new traffic signal heads, pedestrian countdown head displays, pedestrian push buttons, installation of left turn phasing (protected left turn) at applicable locations, new signal poles, mast arms, pedestrian accessibility (ADA) improvements including curb ramps, signage, striping and related improvements.

On October 4, 2022, the City received $3,184,700 for the proposed project under HSIP Cycle 10 program. The awarded funds include design and construction of the proposed improvements. HSIP grant funding comes from Caltrans and requires the City to meet various requirements to receive the grant funds. The City was given the greenlight from Caltrans in July 2024 to proceed with awarding the construction bid. Caltrans HSIP funds are received as a reimbursement basis, requiring the City to obtain approval to proceed with the construction bid advertisement (otherwise, such funds may be lost).

Therefore, staff coordinated with Caltrans to obtain the construction allocation approval from Caltrans, prior to advertising the construction bid package.

The project locations include 10 existing signalized intersections, where the existing traffic signal system will be upgraded to new standards to improve vehicle and pedestrian safety. The project locations include the following intersections (Attachment No. 1 - Project Location Map).

1. Sunset Ave & Merced Ave

2. Cameron Ave & Orange Ave

3. Vincent Ave & Puente Ave

4. Lark Ellen Ave & Badillo St

5. Lark Ellen Ave & Rowland Ave

6. Hollenbeck Ave & Cameron Ave

7. Azusa Avenue & Fairgrove Ave

8. Amar Road & Temple Ave

9. Amar Road & Shadow Oak Drive

10. Sentous Ave & La Puente Road
The project includes installation of traffic signal standards (poles, mast arms, signal heads, controllers, cabinets, etc). Some of the materials have a long material procurement lead time (pole procurement lead time is approx. 5-6 months). The field construction duration is 274 working days (approx. 14 months).

Field construction is anticipated to start late 2025 (after long lead time materials are procured), and construction is anticipated to be completed in late 2026.

DISCUSSION:

On August 3, 2024, staff advertised a construction bid package. The following four (4) bids were received by the City at the Bid Opening held on September 5, 2024, at 3:00 PM.

Contractor Name Base Bid Amount (Award
is based on this amount)
Additive/Deductive Bid
Amount
Total Bid Amount (Base +
Additive/Deductive)
Select Electric,
Inc. $2,488,536.00 $171,413.00 $2,659,949.00
Elecnor Belco, Inc. $2,618,888.00 $281,486.00 $2,900,374.00 DBX, Inc. $3,372,997.00 $167,260.00 $3,540,257.00
Alfaro
Communications $3,374,443.90 $216,369.12 $3,590,813.02
According to the project specifications, the contract award decision is based on the Total Base Bid Amount only. Additive and Deductive Alternate Bid Items are not taken into consideration in determining the lowest responsible bidder.

The lowest base bid amount was submitted by Select Electric, Inc. in the amount of $2,488,536.

Therefore, Select Electric Inc. was determined to be the apparent low bidder.

The project also includes additive alternate scope to abandon existing traffic loops, and install new video detection system at the signalized intersections, to be considered as optional additive scope to the construction agreement. Video detection offers greater flexibility and efficiency by covering multiple lanes and detecting vehicles across a broader area, unlike traffic loops, which are limited to specific locations in the pavement. This means video systems can adjust to varying traffic patterns more effectively and handle diverse vehicle sizes, including bicycles and motorcycles. Additionally, video detection systems are less invasive to install and maintain, avoiding the need to disrupt traffic for pavement cuts and repairs. In contrast, traffic loops are prone to damage from road construction or wear and tear, leading to more frequent maintenance and higher long-term costs. Furthermore, video systems provide valuable real-time data that can be used for traffic analysis, enhancing overall intersection management and safety. The total additive bid amount submitted by Select Electric, Inc. is $171,413.

The combined bid amount total including base bid amount and additive bid amount as submitted by the apparent low bidder, Select Electric, Inc., is $2,659,949. Awarding the additive bid as part of the agreement does not change the bid ranking, and Select Electric, Inc. is still determined to be the lowest responsive bid.

Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, State and Federal debarment list review for the apparent low bidder, Select Electric, Inc.

Lowest Responsive Bid
The lowest responsive bid was submitted by Select Electric, Inc. in the amount of $2,488,536.00. The combined bid amount including base bid amount and additive bid amount is $2,659,949. Staff recommends that the City Council award the Construction Services Agreement to Select Electric, Inc. and authorize the City Manager to execute the Construction Services Agreement with Select Electric, Inc. for $2,659,949, in such final form as approved by the City Attorney. The agreement is included as Attachment No. 2.

Project Timeframe
Material Procurement - starting early to mid 2025 with 5-6 months lead time Field Construction - starting late 2025; approximately 14 months total (274 working days) Project Completion - late 2026; work at each intersection will be completed at different times throughout the duration of the project with prioritization based on higher traffic safety concerns (i.e. number of traffic collisions)
LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

Prepared by: Okan Demirci, PE, QSD/P
Fiscal Impact
FISCAL IMPACT:

The following is the breakdown of the project estimate:

Base Bid $2,488,536.00
Additive $171,413.00
Original Contract Total $2,659,949.00
Contingency allowance (15%) $398,992.35
Total Construction Estimate $3,058,941.35
Project Management and Administration $60,000.00
Design Engineering $194,123.15
Construction Management, Inspection and Materials Testing/Inspection $273,738.96 Newspaper Advertisement, SCE, Misc. Expenses $5,000.00
Total Project Estimate $3,591,803.46
The funds available for this project are as follows:

Project
No.

Funds Budget Total
Estimate
(Over)/Under
C23028 Fund 144 (Highway Safety Improvement
Program)
3,874,460 3,591,803 282,657
Total $3,874,460 $3,591,803 $282,657
Attachments
Attachment No.1 - Project Location Map
Attachment No. 2 - Construction Services Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
Enhance City Image and Effectiveness
ATTACHMENT NO.1
1 Rev. 09-2024

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. C23028

TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of October 1, 2024 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and SELECT ELECTRIC, INC., a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the Traffic Signal Improvements at Various Signalized Intersections, City Project No. C23028 (“Project”), that meet the requirements as shown in the project specifications and this Agreement.

B. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services.

C. City has determined that Contractor is the lowest responsible bidder.

D. City and Contractor desire to enter into this Agreement for the Project on the terms and conditions set forth herein.

1.0 SERVICES OF CONTRACTOR

1.2 Documents Included in Contract. The complete Agreement consists of:
(a) This Agreement;
(b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract Documents for the Project (collectively, “Bid Documents”), incorporated by this reference as if fully set forth herein;
(c) Contractor’s Proposal, attached hereto as Exhibit A and incorporated herein; ATTACHMENT NO. 2
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(d) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (e) Bonds, attached hereto as Exhibit C and incorporated herein; (f) The Standard Specifications and Standard Specifications for Public Works Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (g) All exhibits and attachments to the foregoing documents.

Contractor shall be responsible for all subcontractors’ compliance with this Section.

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1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 2-358. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

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(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractorshall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Two Million Six Hundred Fifty-Nine Thousand Nine Hundred Forty-Nine Dollars ($2,659,949.00) (herein “Contract Sum”), except as provided in Section 1.8 (Additional Services). The Contract Sum includes Contractor’s Base Bid in the amount of Two Million Four Hundred Eighty-Eight Thousand Five Hundred Thirty-Six Dollars ($2,488,536.00) and Contractor’s Additive and Deductive Alternate Bid in the amount of One Hundred Seventy-One Thousand Four Hundred Thirteen Dollars ($171,413.00).

The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by Public Contract Project No. C23028
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Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall complete all services within two hundred seventy-four (274) working days. Contractor shall submit for the Contract Officer’s approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer.

3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the City.

4.0 COORDINATION OF WORK

James Staab, VP of Operations
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all Project No. C23028
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activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. The Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City’s Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City’s Municipal Code.

Contractor having been presented with a reasonable basis to suspect that any previously unidentified Project No. C23028
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main or trunkline may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delays which meet both of the following requirements: (i) the delays occurred after Contractor gave City the written notice required by this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company.

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5.0 INSURANCE

5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Contractor certifies as follows:

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder’s Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and Project No. C23028
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equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the project site.

If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, Project No. C23028
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claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

6.0 BONDS

6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, http://www.fms.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If co- Project No. C23028
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sureties are used, their bonds must be on a joint and several basis.

7.0 INDEMNIFICATION
Contractor agrees to defend (with legal counsel of City’s choosing), indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, subcontractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees for counsel acceptable to City.
(d) Contractor’s duty to defend and indemnify as set forth herein shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury Project No. C23028
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to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

8.0 RECORDS AND REPORTS

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9.0 ENFORCEMENT OF AGREEMENT; TERMINATION

9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move-off costs including labor, rental fees, equipment transportation costs, the Project No. C23028
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costs of maintaining on-site construction office for supervising the move-off. (c) The cost of materials custom-made for this Agreement which the Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement’s consideration.

9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor further agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely Project No. C23028
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difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500.00) for each calendar day of delay in the performance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by the Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated damages constitute a reasonable estimate of actual damages, and are not punitive.

10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

10.2 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

11.0 MISCELLANEOUS PROVISIONS

To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
To Contractor: Select Electric, Inc.
1700 E. Via Burton,
Anaheim, CA 92806
Attn: James Staab

11.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of Project No. C23028
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the authorship of this Agreement or any other rule of construction which might otherwise apply.

11.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Paulina Morales
City Manager

CONTRACTOR
__________________________________ Date: __________________________ James Staab
VP of Operations
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Stephanie Sikkema
Risk Management

EXHIBIT A
CONTRACTOR’S PROPOSAL

265,994.90

EXHIBIT B

CERTIFICATES OF INSURANCE

EXHIBIT C
BONDS
AGENDA ITEM NO. 7

It is recommended that the City Council:

Review the proposed FY 2024 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program application items.

1. 2. Authorize staff to submit the application and accept the award totaling $19,999.

3. Authorize the Mayor to execute the Certifications and Assurances by the Chief Executive of the Applicant Government 30 days after this Council meeting in accordance with JAG requirements.

4. Designation of the Mayor, City Manager, and City Manager's designee to certify and execute all grant related documents.

BACKGROUND:

In 2005, the federal Bureau of Justice Assistance (BJA), within the U.S. Department of Justice (USDOJ), combined several grant programs and created the Justice Assistance Grant (JAG). According to federal requirements, this grant must be used to meet local law enforcement needs, and cannot be used to supplant existing funds or ongoing activities budgeted elsewhere. USDOJ requires that the City Council consider and approve the grant application items at an open meeting where the public can comment, and then submit the two-part application online before the due dates in October.

DISCUSSION:

With the grant purpose areas and restrictions in mind, the Police Department prioritized a list of unmet law enforcement supply needs in anticipation of this grant. In total, these supplies cost $19,999 (the exact grant amount for which the City is eligible), and include the following items for the proposed application:
$5,100 for an estimated 17 cartridges/battery sets for non-lethal weapons; $5,000 for one data recovery tool that retrieves digital and cellphone data for police investigations; $9,899 for an estimated 3 computers and storage drives for police operations.

Using 2024 Justice Assistance Grant funds for these items aligns with the federal purpose areas and meets all requirements from the Bureau of Justice Assistance. With the City Council’s approval, staff can complete the process of obtaining 2024 Justice Assistance Grant funds totaling $19,999 for the items listed above. The online application process includes the requirement that the City submit a listed above. The online application process includes the requirement that the City submit a "Certifications and Assurances by the Chief Executive of the Applicant Government" (see Attachment No. 1) that must be signed by the Mayor. To meet BJA's requirements, this Certifications and Assurances form will be submitted to USDOJ 30 days after this Council meeting and after the application has been made public. Although the grant application must be entered and submitted online before then, USDOJ will hold the application until they receive the signed Certifications form. This grant is reimbursable, and purchases will not be made until the grant application and award documents are completed and approved by USDOJ.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report.

Prepared by: Alex B. Houston, Police Administrative Services Manager Additional Approval: Richard Bell, Chief of Police
Additional Approval: Stephanie Sikkema, Finance Director Fiscal Impact
FISCAL IMPACT:

The City of West Covina will receive an estimated $19,999 in 2024 BJA Justice Assistance Grant funds to meet unfunded law enforcement supply needs, coded to Fund 130. There is no local match requirement, and no cost to the City General Fund. Resolution No. 2024-30 authorizes that appropriations be made for grants received during the fiscal year up to $60,000 per source or grantor upon review by the Finance Department and approval of the City Manager or his/her designee.

Attachments
Attachment No. 1 - 2024 JAG Certifications
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
Maintain Good Intergovernmental Relations

___
_ _
U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Edward Byrne Memorial Justice Assistance Grant Program FY 2024 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality’s application for an award under the FY 2024 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are true and correct:

1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government.

2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities.

3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification.

4. I assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available.

5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require.

6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein.

7. If the applicant named below is not the unit of local government itself, I certify that it is an instrumentality of the unit of local government and is approved to serve as the applicant and recipient of FY 2024 JAG funding on behalf of the unit of local government.
_
Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government
_
Printed Name of Chief Executive Title of Chief Executive _
Name of Applicant Unit of Local Government
Rev. April 19, 2024
ATTACHMENT NO. 1
AGENDA ITEM NO. 8

ENFORCEMENT HELICOPTER SERVICES
RECOMMENDATION:

It is recommended that the City Council:

Authorize the City Manager to execute the Helicopter Law Enforcement Services Agreement with Los Angeles County for as-needed helicopter law enforcement services.

1. 2. Authorize the City Manager to execute any future amendments to the agreement.

BACKGROUND:

Since October 2016, the City Council has contracted with the Los Angeles County Sheriff’s Department for law enforcement helicopter services. The previous agreement concluded on June 30, 2024, so it is time to complete a new agreement for these helicopter services.

DISCUSSION:

Attached is a new five-year agreement (July 2024 to June 2029) with LA County, which has been reviewed by staff. As with the prior agreements with the County, the County will charge the City for helicopter responses to requests for non-emergent, non-life threatening, and non-mutual aid activities.

Recent examples of these helicopter responses in West Covina include searches for missing people, checking roofs for burglary suspects, locating stolen vehicles using LoJack, and checking gated areas not easily accessible to Patrol vehicles.

LA County charges on a per-minute basis based upon the hourly rate established by the County Auditor-Controller. The hourly rate for Fiscal Year 2024/2025 is $2,457.42—a decrease from the FY 2023-24 hourly rate of $2,805.27. In the past several years, the total cost of helicopter services provided by LA County to West Covina averaged about $29,000 per year.

Just as in past agreements, the LA County Sheriff’s Department will continue to provide air support, free of charge, for life-threatening situations and mutual aid responses.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Keith Freeman, Lieutenant
Additional Approval: Richard Bell, Chief of Police
Fiscal Impact
FISCAL IMPACT:

Helicopter costs are currently paid from Fund 155, the Supplemental Law Enforcement Services Allocation (SLESA) from the State, which must be used for front-line law enforcement. If funding becomes insufficient in the SLESA Fund, the Police Department will request that these helicopter costs, which are vital to Officer and community safety, be paid from the City General Fund.

Attachments
Attachment No. 1 - Helicopter Law Enforcement Services Agreement CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1

AGENDA ITEM NO. 9

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: October 1, 2024
TO: Mayor and City Council
FROM: Paulina Morales, City Manager
SUBJECT: UPDATE - LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS,

COMMERCIAL ZONES, SIDEWALKS, TREEWELLS AND OTHER AREAS
RECOMMENDATION:

It is recommended that the City Council receive and file this report.

BACKGROUND:

At the direction of City Council, On September 8, 2022, City Staff issued Request for Proposal (RFP) No. 61-017 titled Landscape Maintenance of Citywide Medians, Right of Ways, Commercial Zones, Sidewalks, Tree Wells and Other Areas in accordance with the City’s procurement requirements. The scope of services in the RFP included the existing citywide medians, right-of-ways, sidewalks, tree wells, and other areas in the commercial zones included in the previous contract with Mariposa Landscape, Inc, (Mariposa), but also added additional services including weed abatement on commercial rights-of-way, increasing the scope of tree well maintenance, and portions of City property along the wash areas. The RFP was advertised on the City’s third-party website, Planet Bids.

Landscaping services provided by Mariposa ended in 2022. Up until that time, Mariposa had been providing landscaping services for the City since 1999. From 1999 to 2021, Mariposa was awarded contract extensions and RFPs until February of 2021, when at the City Council Meeting of February 2, 2021, the City Council authorized the City Manager to enter into a month-to-month agreement with Mariposa in order to avoid a lapse in service while City staff issued an RFP. In a letter dated April 29, 2022, Mariposa terminated the month-to-month agreement with the City of West Covina and stopped providing landscaping services on May 31, 2022.

At the City Council Meeting of December 6, 2022, City Council awarded the RFP to BrightView Landscape Services, Inc., (BrightView) and authorized the City Manager to execute an agreement with BrightView and any future amendments to the agreement.

The Maintenance Services Agreement (Agreement) between the City of West Covina and BrightView commenced on January 1, 2023 (Attachment No. 1- MSA with BrightView). The Agreement was amended on May 30, 2024, to incorporate a change in the scope to include a section of Azusa Avenue (Attachment No. 2- Amendment One).

DISCUSSION:

City Council directed staff to provide an update to ensure that the scope of services is being met by City Council directed staff to provide an update to ensure that the scope of services is being met by BrightView. BrightView was initially recommended to the City Council in 2022, as it was the bidder that best met the City’s requirements of having municipal experience and based on scoring, was determined to be the lowest responsible bidder. At the time the proposal was received, BrightView had been providing services to cities such as Ontario, Riverside, Rancho Cucamonga, Norco, and Upland for time frames that ranged between seven (7) to eleven (11) years.

When BrightView commenced their contract with West Covina, concerns were raised regarding contract implementation from City Council and residents. BrightView had to manage seven months of deferred maintenance, since they were awarded the contract in December 2022 and Marisposa terminated their contract with the City in May of 2022. This impacted the timeliness of BrightViews ability to implement the scope per their new agreement. Additionally, portions of Azusa Avenue were not part of the original scope. This has since been corrected to include all the medians and right of ways along Azusa Avenue.

After receiving complaints of unkept and unmaintained landscaped areas and several unfulfilled requests for schedules and maps, a Notice of Deficiencies and Request for Documents dated October 23, 2023, was sent to BrightView. Since that notice, City staff and BrightView began meeting on a weekly basis.

These meetings evolved into weekly check-ins that are now a routine part of the Public Works Department’s operation. During the weekly check-ins, staff and BrightView discuss areas that require additional attention and go over issues that need to be addressed. Since the inception of these weekly check-ins and staff monitoring BrightView’s performance, staff has found BrightView to be responsive and has noticed improvement.

As an example, during the August 20th check-in, staff identified the following locations that required additional attention from BrightView in the area of weed abatement and trash removal:

West Covina Parkway
Rowland
Azusa Ave – South
Freeway entrances
Citrus
Azusa
West Covina Parkway
Sunset Avenue
In addition to the list provided by City Staff, BrightView also addressed other areas that required work.

This included the following:

Azusa Ave sidewalks
Horse trail leading to Maverick Park
Amar medians from Temple East
Amar west of Lark Ellen, Lark Ellen and Pass and Covina Valinda and Maplegrove
Grenoble, Wimbeldon Ct, and Doublegrove
All the work listed above has since been completed. As part of this update, BrightView has provided a revised schedule for landscape maintenance of the City's medians (Attachment No. 3 - New WC Medians Schedule). Week 1 of the new schedule will have begun on September 30, 2024. The detailed daily schedule is in the table below.

MEDIAN SCHEDULE

MEDIAN SCHEDULE
All areas that are not included in this agreement, or other contracted services, are maintained by the City's Public Works Department staff. Public Works staff routinely does visual/drive-by inspections to monitor contracted services to ensure the City's appearance as well respond to issues reported through the GoGov app or the reporting telephone number (626) 939-8758.

Brightview Week 1 Week 2 Week 3 Week 4
Monday Old Town - Glendora
Ave (Garvey Ave
South to Walnut
Creek Parkway),
Orange, San
Bernardino, Badillo,
"The walls" on
Vincent (Badillo to
Puente), Lark Ellen
edge of City.

Old Town - Glendora
Ave (Garvey Ave
South to Walnut
Creek Parkway),
West Covina
Parkway, Glendora
Medians, Vincent
South of 10 -
Medians and
Walkways
Old Town -
Glendora Ave
(Garvey Ave South
to Walnut Creek
Parkway), Azusa
South toff 10 -
Walkways,
Grenoble,
Hollencrest,
Doublegrove
Old Town - Glendora
Ave (Garvey Ave
South to Walnut Creek
Parkway), Valinda,
Lark Ellen,
Maplegrove, Amar
Medians West of
Azusa
Tuesday Vincent Medians,
Sunset North of the
10 - Medians and
Walkways, Garvey
Ave North, Workman,
Fleetwell
Azusa Medians
North of 10 to City
Limit, Rowland -
detailing, Barranca
North of the 10
Azusa Medians
South of 10 to
Fairgrove Amar Medians and
Walkways from Azusa
to Nogales
Wednesday Old Town - Glendora
Ave (Garvey Ave
South to Walnut
Creek Parkway),
Sunset - South of 10
Medians and
Walkways,
Francisquito, Walnut
Creek Parkway
Old Town - Glendora
Ave (Garvey Ave
SOuth to Walnut
Creek Parkway),
Cameron East of
Barranca, Horse
Trail, Citrus, Grand
and Holt Ave
Old Town -
Glendora Ave
(Garvey Ave South
to Walnut Creek
Parkway), Azusa
Medians - Fairgrove
to Amar
Old Town - Glendora
Ave (Garvey Ave
South to Walnut Creek
Parkway), Azusa
Medians Amar to
Temple, Nogales
Underpass Area,
Valley Blvd
Thursday Mow Day - City Yard,
Fire Stations,
Shakespeare,
Rowland, Azusa and
Francisquito
Mow Day - City
Yard, Fire Stations,
Shakespeare,
Rowland, Azusa and
Francisquito
Mow Day - City
Yard, Fire Stations,
Shakespeare,
Rowland, Azusa
and Francisquito
Mow Day - City Yard,
Fire Stations,
Shakespeare,
Rowland, Azusa and
Francisquito
Friday
Old Town - Glendora
Ave (Garvey Ave
South to Walnut
Creek Parkway),
Freeway Entrances
and Exits, Parkways,
Underpasses, Also:
catch up day
Old Town - Glendora
Ave (Garvey Ave
South to Walnut
Creek Parkway),
Freeway Entrances
and Exits, Parkways,
Underpasses, Also:
catch up day
Old Town -
Glendora Ave
(Garvey Ave South
to Walnut Creek
Parkway), Freeway
Entrances and
Exits, Parkways,
Underpasses, Also:
catch up day
Old Town - Glendora
Ave (Garvey Ave
South to Walnut Creek
Parkway),
Shakespear, Tuesday
Dr., Woodgate,
Stephanie, Shadow
Oak, Francesca,
Pocket Medians
around Week 4 areas.

OPTIONS:

The City Council has the following options:

1. Adopt staff’s recommendation; or

2. Provide alternative direction.

Prepared by: Renee M. G. Chavez, Management Analyst I
Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item to receive and file; therefore, there is not an associated fiscal impact with this action.

The original contract had a monthly amount of $35,651.58 ($427,818.96 annually) with a total compensation not to exceed $2,673,686.50. Amendment Number One updated the monthly amount to $35,706.22 ($428,474.64 annually) with a total compensation not to exceed $2,673,686.50. The table below outlines the expenditures to-date.

Service Fund FYE 2023
Actual
FYE 2024
Actual
FYE 2025
Estimate
Landscape
Maintenance-Right-of-Way
Gas Tax (124) $203,591.19 $407,497.60 $408,122.09
Landscape Maintenance-Non
ROW
City Wide Maintenance
District (188)
10,318.29 20,321.40 20,352.55
Other Services Various Funds 21,232.02 10,884.20
Total $235,141.50 $438,703.20 $428,474.64
Attachments
Attachment No. 1. - MSA with BrightView
Attachment No. 2 - Amendment One
Attachment No. 3 - New WC Medians Schedule
Attachment No. 4- PowerPoint BrightView Update
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Enhance City Image and Effectiveness
An Accessible Community

CITY OF WEST COVINA

MAINTENANCE SERVICES AGREEMENT
WITH
BRIGHTVIEW LANDSCAPE SERVICES, INC.

FOR

LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHTS-OF-WAY,

COMMERCIAL ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS THIS MAINTENANCE SERVICES AGREEMENT is made and entered into as of January 1, 2023 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a California corporation ("Contractor'').

RECITALS
A. City proposes to utilize the services of Contractor as an independent Contractor to City to provide landscape maintenance of Citywide medians, rights-of-way, commercial zones, sidewalks, tree wells and other areas, and to provide additional services upon request of the City, as more fully described herein; and
B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Contractor responded to the City's Request for Proposals No. 61-017 dated September 8, 2022, incorporated via this reference as if fully set forth herein, and Contractor's response to the Request for Proposals was a material inducement to the City ultimately entering into this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein.

1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of ATTACHMENT NO. 1

ATTACHMENT NO. 2

City of West Covina

LANDSCAPE AREAS
Weekly Schedule
ATTACHMENT NO. 3
REVISED 8/29/2024
UPDATE–

LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS
ITEM #17 – CONSIDERATION OF AGREEMENT FOR JANITORIAL SERVICES FOR CITY BUILDINGS AND FACILITIES Public Works Department

LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT OF WAYS,

COMMERCIAL ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS The RFP was issued on
September 8, 2022. On
October 17, 2022, bidding
closed. Three bids were
received.

BrightView was selected
meeting the City’s
requirements.

The City entered into the
Maintenance Services
Agreement on
January 1, 2023
The Agreement was amended
on May 30, 3024 to
incorporate a change in scope
for a section of Azusa Avenue.

Scope of Services include:

Weeding and cultivating, Trimming, pruning, and
mowing,
Hedging (where specified), Watering, manual watering,
Irrigation system maintenance, Weed and Pest Control.

ADDITIONAL SERVICES

ADDED TO RFP
Weed abatement on all
commercial right-of-ways
Increased the scope of tree
well maintenance
(Tree wells under 9 ft)
City property along the
wash areas,

COMMUNICATION WITH BRIGHTVIEW
Concerns raised by
residents and City Council
resulted in Notice of
Deficiencies and Request
for Documents.

Since the Notice of
Deficiencies, Staff meets
with Brightview weekly to
discuss concerns and
provide direction.

Brightview staff has
improved their response to
requests made outside of
the weekly check ins
meetings.

Priority has been placed on
the main arterials and
freeway exits and is
monitored by City staff.

Staff communicates with
Brightview regularly via
Phone, Email and Text for
any issues and GoGov is
used for resident reporting.

MEDIAN
471 N AZUSA AVE
Contract Inception
Vs Current
MEDIAN
969 S GLENDORA
AVE
Contract Inception
Vs Current
MEDIAN
969 S GLENDORA
AVE
Contract Inception
Vs Current
BRIGHTVIEW RESPONSIBILITY VS. CITY RESPONSIBILITY
In Contract
City
Responsibility
(No Medians)
W Cameron Ave & S Glendora Ave
City Responsibility
• Residential Areas
• City Property Along the Wash
Areas not covered by the
Agreement
• Medians on Nogales between
Amar and La Puente Road.

BrightView Responsibilities
• Citywide medians
• Sidewalks in Commercial Zones
• Tree Wells in Commercial Zones
• Weed Abatement in Commercial
Right-of Ways.
• Portions of City Property Along the
Wash Areas
• Fire stations, 1, 3, 4, and 5
• City Yard.

UPDATED MEDIANS

MAINTENANCE SCHEDULE

West Covina City CouncilOctober 1, 2024

West Covina City Council
October 1, 2024