Agenda packet — West Covina City Council, December 16, 2025 (part 1 of 2)

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY/

WEST COVINA COMMUNITY SERVICES FOUNDATION
DECEMBER 16, 2025, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Letty Lopez-Viado
Mayor Pro Tem Ollie Cantos
Councilwoman Rosario Diaz
Councilman Brian Gutierrez
Councilman Tony Wu
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 a Council meeting, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8am to 5pm Monday through Thursday. Please 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
Any person wishing to address the City Council on any matter listed on the agenda, excluding any matter set for a public hearing, or on any other matter within their jurisdiction must complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk prior to the commencement of Oral Communications. No speaker cards will be accepted after the commencement of Oral Communications, except at the discretion of the Presiding Officer.

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. Comments are limited to three (3) minutes per speaker, unless modified by the Presiding Officer or the City Council.

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

While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the meeting, including, but not limited to, speaking off topic, speaking beyond the speaker’s allotted time limit, making slanderous or profane remarks or using loud, threatening, or abusive language which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. The City of West Covina will not tolerate harassment based upon a person’s race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, gender, sexual orientation, or age.

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
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY DECEMBER 16, 2025, 7:00 PM
REGULAR MEETING

INVOCATION
Led by Rajan Zed

PLEDGE OF ALLEGIANCE
Led by Councilman Gutierrez

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
ORAL COMMUNICATIONS - Three (3) 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.

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

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.

ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only.

CITY CLERK'S OFFICE

CITY MANAGER'S OFFICE
1) CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2024-2025 ANNUAL REPORT
It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.
2) CONSIDERATION OF AN AMENDMENT TO THE SOLID WASTE AGREEMENT WITH

ATHENS SERVICES
It is recommended that the City Council:

Approve the proposed Amendment No. 12 to the Amended and Restated Agreement for the Collection of Solid Waste, Recyclables, Yard Waste and Other Compostables with Arakelian Enterprises, Inc. dba Athens Services; and

1. Authorize the Acting City Manager to execute Amendment No. 12, in such final form as approved by the City Attorney.

2. 3) CONSIDERATION OF CITY WASTE CAPACITY AND SUSTAINABILITY AGREEMENT

BETWEEEN THE CITY AND ATHENS SERVICES
It is recommended that the City Council approve the City Waste Capacity and Sustainability Agreement between the City and Arakelian Enterprises, Inc. dba Athens Services, in such final form as approved by the City Attorney.
4) CONSIDERATION OF CHANGING ORDER OF BUSINESS FOR REGULAR CITY COUNCIL

MEETINGS
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2025-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS FOR REGULAR

CITY COUNCIL MEETINGS
5) REVIEW OF REQUEST FOR PROPOSAL FOR THE DEL NORTE PARK IMPROVEMENTS & DOG PARK PROJECT - PROJECT NO. 24001
Staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) for the Del Norte Park Improvements & Dog Park ProjectProject No. 24001.

COMMUNITY DEVELOPMENT
6) CONSIDERATION OF CONSTRUCTION AGREEMENT AND BUDGET AMENDMENT FOR SOUTHSIDE SEWER REPLACEMENT - PROJECT NO. C24005
It is recommended that the City Council take the following actions:

Waive the minor irregularities in the bid submitted by We R Builders and award the construction agreement for the Southside Sewer Replacement (Project No. C24005) to We R Builders as the lowest responsible bidder.

1. Authorize the Acting City Manager to execute an agreement with We R Builders for $2,921,000.00, in such final form as approved by the City Attorney.

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

3. Authorize the City Manager to negotiate and execute any amendments and/or change orders to the agreement within the approved contingency amount.

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

5. 6. Adopt the following resolution:

RESOLUTION NO. 2025-100 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (SOUTHSIDE SEWER REPLACEMENT)
7) CONSIDERATION OF CONSTRUCTION AGREEMENT FOR CITYWIDE SIDEWALK, CURB & GUTTER REPAIR FY 25-26 - PROJECT NO. 26010/26013
It is recommended that the City Council take the following actions:

Award the construction agreement for the Citywide Sidewalk, Curb & Gutter Repair FY 25-26 Project (Project No. 26010/26013) to F.S. Contractors, Inc. as the lowest responsible bidder.

1. Authorize the Acting City Manager to execute an agreement with F.S. Contractors, Inc. for $311,886.00, in such final form as approved by the City Attorney.

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

3. Authorize the City Manager to negotiate and execute any amendments and/or change orders to the agreement within the approved contingency amount.

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

5. FINANCE DEPARTMENT
8) CONSIDERATION OF ADOPTING BUDGET AMENDMENT
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2025-92 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (BA 2026-13)

PUBLIC WORKS
9) REVIEW OF THE REQUEST FOR PROPOSALS (RFP) FOR THE LANDSCAPE

MAINTENANCE OF CITYWIDE MEDIANS, ARTERIALS, RIGHT OF WAYS, COMMERCIAL

ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS
Staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) for Medians Landscape Maintenance Services to obtain competitive proposals for landscape maintenance of citywide medians, arterials, rights-of-way, commercial zones, sidewalks, tree wells, and other areas to include routine maintenance, irrigation management, and beautification of medians throughout the City.

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

CITY MANAGER'S OFFICE

COMMUNITY DEVELOPMENT
10) FISCAL YEAR 2025-26 CAPITAL IMPROVEMENTS PROGRAM (CIP) UPDATE It is recommended that the City Council receive and file the Fiscal Year 2025-26 Capital Improvement Program (CIP) project status update.

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.)

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.) 11) REVIEW OF STANDING RULES AND RULES OF DECORUM
It is recommended that the City Council provide direction.

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting Date January 6, 2026 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: December 16, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF THE WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2024-2025 ANNUAL REPORT
RECOMMENDATION:

It is recommended that the Board of Directors of the West Covina Community Services Foundation receive and file this report.

BACKGROUND:

On February 1, 2005, the City of West Covina authorized the formation of the West Covina Community Services Foundation (Foundation), a California Public Benefit Corporation. According to the bylaws (Attachment No. 1), the Foundation was organized for charitable purposes and its primary purposes and objectives consist of: (1) providing services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents, (2) preserving public buildings, structures, and documents of historical significance to the community; (3) qualifying and being more competitive when seeking to acquire grant funding; (4) receiving gifts of funds for public purposes; and (5) pursuing any other opportunities available that would benefit the public interest.

The Foundation does this by receiving gifts of funds from donors for specific purposes (i.e., 4th of July Celebration, Summer Concerts, etc.). In addition, funds are raised to provide new recreational opportunities, increase public safety services, preserve City equipment and facilities, and the pursuit of other benefits of public interest. The Foundation also allows the City to be more competitive when seeking grant funding to help provide such services.

The Foundation’s Board of Directors consists of the West Covina City Council, with the Mayor as the Chairperson of the Board and the Mayor Pro Tem as the Vice Chairperson of the Board. The City Manager serves as the Foundation’s President, City Clerk as the Secretary, and Finance Director as the Chief Financial Officer.

The Foundation received its Internal Revenue Service tax-deductible 501(c)3 status on June 16, 2006 (Tax ID # 43-2085596).

DISCUSSION:

Pursuant to the bylaws, the Board of Directors is required to cause an annual report to be furnished after the close of the Foundation's fiscal year (June 30) to all Directors of the Foundation. The annual report is required to contain the following information:

The assets and liabilities, including the trust funds, of the Foundation at the end of the fiscal year; The principal changes in assets and liabilities, including trust funds, during the fiscal year; The revenue or receipts of the Foundation, both unrestricted and restricted to particular purposes, for the fiscal year; and
The expenses or disbursements of the Foundation, for both general and unrestricted purposes, for the fiscal year.

The annual report must be accompanied by either a report of independent accountants or a certificate of an authorized officer of the Foundation that such statements were prepared without audit from the books and records of the Foundation.

The Finance Department is responsible for monitoring and preparing the Foundation’s Annual Report.

The funds are also listed in the City’s Adopted Budget each year. The FY 2024-2025 Annual Report is included as Attachment No. 2.

LEGAL REVIEW:

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

Prepared by: Kelly McDonald, Assistant to the City Manager Additional Approval: Karen Ogawa, Finance Director
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

Attached to this report is a Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance for the Foundation for Fiscal Year 2024-25 (Attachment No. 2). The report shows that a cumulative total of $360,797 in revenues were collected and $160,021 in funds were expended. As of June 30, 2025, the Foundation has a fund balance of $215,721. The financial information included in this report is preliminary, unaudited and subject to revision upon completion of the City's closing and audit.

Revenues have been collected in a variety of ways. Donations are received from businesses and residents wanting to donate for a special cause or program (i.e., Veterans Memorial, Police Wall of Honor, Fire Explorer Program, Senior Services, Special Events, etc.). Funds raised at community events are also set aside in the Foundation to offset the costs of offering those individual programs (i.e., sponsorships at Summer Concerts, Spring Festival, etc.). Donated funds are utilized for the projects and programs identified prior to any City General Fund dollars being utilized. Without these donations, many of these programs and events might not have happened, because of the impact on the City’s General Fund.

Attachments
Attachment No. 1 - Bylaws of West Covina Community Services Foundation Attachment No. 2 - West Covina Community Services Foundation Annual Report CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
BYLAWS
OF
ATTACHMENT N0.1
West Covina Community Services Foundation, Incorporated

A CALIFORNIA PUBLIC BENEFIT CORPORATION
ARTICLE 1
NAME
The name of this corporation is "West Covina Community Services Foundation, Incorporated."
ARTICLE 2

OFFICES
SECTION 1. PRINCIPAL OFFICE
The principal office of the Corporation for the transaction of its business is West Covina City Hall, 1441 West Garvey Avenue, West Covina, 91790 located in Los Angeles County, California.

SECTION 2. OTHER OFFICES
The Corporation may also have subordinate offices at such other places, within the city of West Covina, where it is qualified to do business, as its business may require and as the board of directors may, from time to time, designate.

ARTICLE 3

PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
This Corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 ( c)(3) of the Internal Revenue Code. The primary objectives and purposes of this Corporation shall be:
(1 ) To provide services beneficial to the public interest by seeking to offer, improve, or expand services that enhance the quality of life for residents including, but not limited to:
a. Recreational opportunities for residents, i.e., hiking, walking, and equestrian trails, aquatics, sports, parks and open space, classes, etc.;
b. Public safety services, i.e., police and fire services to residents; c. Social services, i.e., nutritious meals for seniors and youth, case management, counseling, etc., for residents; and
d. Building and improving City facilities and infrastructure. (2) Preservation of buildings, structures, documents, etc., of historical significance to the community.
(3) To qualify and be more competitive when seeking to acquire grant funding to help provide such services to residents and in this way mitigate the financial impact to the City government.
(4) To receive gifts of funds for specific purposes.
(5) To pursue any other opportunities available that would benefit the public interest.

ARTICLE 4

DIRECTORS
SECTION 1. NUMBER
The Corporation shall have five (5) directors and collectively they shall be known as the Board of Directors. The Board of Directors shall consist of the members of the West Covina City Council. The number and requirement that the Directors be City Councilmembers may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws.

SECTION 2. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this Corporation, the activities and affairs of this Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Unless otherwise provided pursuant to amendment of these bylaws, voting rights in this Corporation shall remain vested solely in the Board of Directors.
2 SECTION 3. DUTIES
It shall be the duty of the Directors to:
(1) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this Corporation, or by these Bylaws;
(2) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties, of all officers, agents and employees of the Corporation;
(3) Supervise all officers, agents and employees of the Corporation to assure that their duties are performed properly;
( 4) Meet at such times and places as required by these Bylaws; (5) Register their addresses with the Secretary of the Corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof.

SECTION 4. DESIGNATION OF CHAIRPERSON AND VICE CHAIRPERSON.

The Mayor shall serve as the Chairperson of the Board during his or her term as Mayor, or until he or she resigns or is otherwise disqualified to serve, whichever occurs first. However, should the Mayor wish that another Board Member replace him or her the as Chairperson, then the Board shall elect another Board Member as the Chairperson. The Mayor Pro-Tern shall serve as the Vice Chairperson of the Board during his or her term as Mayor Pro-Tern, or until he or she resigns or is other.vise disqualified to serve, whichever occurs first.

However, should the Mayor Pro-Tern wish that another Board Member replace him or her the as Vice Chairperson, then the Board shall elect another Board Member as Vice Chairperson. At no time shall the same person serve concurrently as Chairperson and the Vice Chairperson of the Board.

SECTION 5. DUTIES OF CHAIRPERSON OF THE BOARD
The Chairperson shall supervise and manage/direct the affairs of the Corporation. He or she shall perform all duties incident to his or her position as Chairperson and such other duties as may be required by law, by the Articles of Incorporation or the Bylaws, or which may be prescribed from time to time by the Board of Directors. The Chairperson shall preside at all meetings of the Board.

Except as othervvise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Corporation, execute such 3 deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors.

SECTION 6. DUTIES OF VICE CHAIRPERSON OF THE BOARD
In the absence of the Chairperson, or in the event of his or her inability to or refusal to act, the Vice Chairperson shall perform all the duties of the Chairperson and when so acting shall have all the powers of, and be subject to all the restrictions of the Chairperson. The Vice Chairperson shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these bylaws, or as may be prescribed by the Board of Directors.

SECTION 7. TERMS OF OFFICE
The term of office for each Director shall run concurrently with his or her term of office on the City Council.

SECTION 8. PLACE OF MEETINGS
Meetings shall be held at the principal office of the Corporation unless otherwise provided in these Bylaws or at such place within the City of West Covina, which has been designated from time to time by resolution of the Board of Directors.

SECTION 9. REGULAR AND ANNUAL MEETINGS
Regular meetings of the Board of Directors shall be held, as needed, on the first and/or third Tuesday of each month at 7:00 PM, to coincide with City Council Meetings. The annual meeting of the Board of Directors shall coincide with the annual meeting at which the City Council adopts the fiscal year budget.

SECTION 10. SPECIAL MEETINGS
Special meetings of the Board of Directors may be called by the Chairperson of the Board of Directors, or by any two Directors, and such meetings shall be held at the place, within the City of West Covina, designated by the person or persons calling the meeting, and in the absence of such designation, at the principal office of the Corporation.

SECTION 11. NOTICE OF MEETINGS
Noticing of all meetings shall be done in compliance with Govt. Codes 54954.2 and 54956 (Brown Act). Regular meetings shall be noticed at least seventy-two 4 (72) hours in advance of the meeting. Special meetings shall be noticed at least twenty-four (24) hours in advance of the meeting.

Notice shall be given of any adjourned regular or special meeting to Directors absent from the original meeting if the adjourned meeting is held more than twenty-fou·r (24) hours from the time of the original meeting.

SECTION 12. QUORUM FOR MEETINGS
A quorum shall consist of three (3) Directors.

Except as otherwise provided in these Bylaws or in the Articles of Incorporation of this Corporation, or by law, no business shall be considered by the Board of Directors at any meeting at which a qu_orum, as defined above, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the Directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the Board of Directors.

The Directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of Directors from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this Corporation.

SECTION 13. MAJORITY ACTION AS BOARD ACTION
Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions in which a director has a material financial interest (Section 5233) and indemnification of directors (Section 5238e), require a greater percentage or different voting rules for approval of a matter by the board . .

SECTION 14. CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the Vice Chairperson or, in his or her absence, by the Director chosen a majority of the Directors present at the meeting. The Secretary of the Corporation shall act as Secretary of all meetings of the Board of Directors, 5 provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

The provisions of the Brown Act (Gov. Code §54950 et seq.) shall apply to the conduct of meetings of the Corporation. Meetings shall be governed by Roberts's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this Corporation, or with provisions of law.

SECTION 15. NON·LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation.

SECTION 16. INSURANCE FOR CORPORATE AGENTS
Members of the Board of Directors and Officers of the Corporation are insured under the City's umbrella insurance policy for liability caused or incurred while acting within the scope of their duties as Members of the Board of Directors and/or Officers of the Corporation.

SECTION 17. PREMATURE VACANCIES ON BOARD
Whenever there is a vacancy in the office of one of the at-large directors whether by reason of death, resignation, removal, disqualification or otherwise, the vacancy shall be temporarily filled by the Community Services Director until the vacancy is filled by majority vote of the remaining board members.

ARTICLE 5

OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of the Corporation shall be a President, Secretary and Chief Financial Officer. The City Manager shall serve as President, the City Clerk shall serve as the Secretary and the Finance Director shall serve as the Chief Financial Officer. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as the President, Chairperson or Vice Chairperson of the Board. 6 -SECTION 2. QUALIFICATION AND TERM OF OFFICE
The City Manager, City Clerk and Finance Director shall serve as President, Secretary and Chief Financial Officer, respectively, until he or she resigns or is removed by a majority vote of the Board of Directors, or is otherwise disqualified to serve, whichever occurs first
SECTION 3. SUBORDINATE OFFICERS
The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such · terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors.

SECTION 4. VACANCIES
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors in accordance with these Bylaws and applicable law.

SECTION 5. DUTIES OF PRESIDENT
The President shall be the administrative head of the Corporation and its affairs and he/she shall operate under the direction and control of the Board of Directors except as otherwise provided by law, by the Articles of Incorporation, or by these Bylaws. He/she shall be responsible for the efficient administration of all the affairs of the Corporation which are under his/her control. He/she shall prescribe such administrative rules and procedures as he may deem proper or necessary for the general conduct and operation of the Corporation's affairs under his control. He/she shall perform any and all duties imposed on him/her by law, by the Articles of Incorporation, by these Bylaws or by the Board. Upon the request and authorization of the Board, the President may enter into any contract, or execute and deliver any instrument, in the name of and on behalf of, the Corporation _ The President shall supervise all agents of the Corporation to assure that their duties are performed properly. He/she shall meet at such times and places as required by these bylaws. It shall be the duty of the President to recommend to the Board the adoption of measures he/she deems necessary for the efficient operation of the Corporation. Unless provided for in SECTION 6. DUTIES OF SECRETARY
The Secretary shall:
7 (1) Certify and keep at the principal office of the Corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. (2) Keep at the principal office of the Corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. (3) See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.
(4) Be custodian of the records and of the seal of the Corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the Corporation under its seal is authorized by law or these Bylaws.
(5) Keep at the principal office of the Corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased.
(6) Exhibit at all reasonable times to any director of the Corporation, or to his or her agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of the proceedings of the directors of the Corporation.
(7) In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors
SECTION 7. DUTIES OF CHIEF FINANCIAL OFFICER
Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds," the Chief Financial Officer shall:
(1) Have charge and custody of, and be responsible for, all funds and securities of the Corporation, and deposit all such funds in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors.
8 (2) Receive, and give receipt for, monies due and payable to the Corporation from any source whatsoever.
(3) Disburse, or cause to be disbursed, the funds of the Corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements.
( 4) Keep and maintain adequate and correct accounts of the Corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. (5) Exhibit at all reasonable times the books of account and financial records to any director of the Corporation, or to his or her agent or attorney, upon request
(6) Render to the Board of Directors, whenever requested, an account of any or all of his or her transactions as Chief Financial Officer and of the financial condition of the Corporation.
(7) Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. (8) In general, perform all duties incident to the office of Chief Financial Officer and such other duties as may be required by law, by the Articles of Incorporation of the Corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors.

ARTICLE 6

EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

SECTION 2. CHECKS AND NOTES
Except as otherwise specifically tjetermined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, 9 orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Chief Financial Officer and countersigned by the Chairperson of the Board of Directors.

SECTION 3. DEPOSITS
All funds of the Corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select.

SECTION 4. GIFTS
The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation.

Limitations on gifts to individual Directors shall comply with the Political Reform Act and the Fair Political Practices Commission.

ARTICLE 7

CORPORATE RECORDS, REPORTS AND SEAL
SECTION 1. MAINTENANCE OF CORPORATE RECORDS
The Corporation shall keep at its principal office in the State of California:
(1) Minutes of all meetings of directors, committees of the board and , indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof;
(2) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (3) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the Corporation at all reasonable times during office hours.

SECTION 2. CORPORA TE SEAL
The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
10 SECTION 3. DIRECTORS' INSPECTION RIGHTS
Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation.

SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS
Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts.

SECTION 5. ANNUAL REPORT
The Board shall cause an annual report to be furnished not later than one hundred and twenty (120) days after the close of the Corporation's fiscal year to all directors of the Corporation and, if this Corporation has members, to any member who requests it in writing, said report shall contain the following information in appropriate detail:
(1) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year;
(2) The principal changes in assets and liabilities, including trust funds, during the fiscal year;
(3) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year; ( 4) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year;
The annual report shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that such statements were prepared without audit from the books and records of the corporation.

ARTICLE 8

FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
The fiscal year of the Corporation shall begin on July 1 and end on the June 30 in each year.
11 ARTICLE 9

AMENDMENT OF BYLAWS
SECTION 1. AMENDMENT
Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows:
(1) Subject to the power of members, if any, to change or repeal these Bylaws under Section 5150 of the Corporations Code, by approval of the Board of Directors unless the Bylaw amendment would materially and adversely affect the rights of members, if any, as to voting or transfer, provided, however, if this Corporation has admitted any members, then a Bylaw specifying or changing the fixed number of directors of the Corporation, the maximum or minimum number of directors, or changing from a fixed to variable board or vice versa, may not be adopted, amended, or repealed except as provided in subparagraph (2) of this Section; or (2) By approval of the members, if any, of this Corporation.

ARTICLE 10

AMENDMENT OF ARTICLES
SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF

MEMBERS
Before any members have been admitted to the Corporation, any amendment of the Articles of Incorporation may be adopted by approval of the Board of Directors.

SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS After members, if any, have been admitted to the Corporation, amendment of the Articles of Incorporation may be adopted by the approval of the Board of Directors and by the approval of the members of this Corporation.

SECTION 3. CERTAIN AMENDMENTS
Notwithstanding the above sections of this Article, this Corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation of the names and addresses of the first directors of this Corporation, nor the name and address of its initial agent, except to 12 correct an error in such statement or to delete such statement after the corporation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law.

ARTICLE 11

MEMBERS
SECTION 1. DETERMINATION OF MEMBERS
If this Corporation makes no provision for members, then, pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under law or the provisions of the Articles of Incorporation or Bylaws of this Corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors.
13 WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of the West Covina Community Services Foundation, Incorporated, a California Nonprofit Public Benefit Corporation, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of fourteen (14) pages, as the Bylaws of this Corporation.

Dated: '-i f 1 ~ frL( I I

CERTIFICATE
This is to certify that the foregoing is a true and correct copy of the Bylaws of the corporation named in the title thereto and that such Bylaws were duly adopted by the Board of Directors of said Corporation on the date set forth below.

Dated: Y /, C-f /, <-e
I
'T~ L - R sa!ia Conde, Secretary
14 AGENDA ITEM NO. 2

ATHENS SERVICES
RECOMMENDATION:

It is recommended that the City Council:

1. Authorize the Acting City Manager to execute Amendment No. 12, in such final form as approved by the City Attorney.

2. BACKGROUND:

Over the years, the City of West Covina approved multiple amendments to its agreement with Arakelian Enterprises, Inc. dba Athens Services ("Athens Services"), a waste collection company and valued community partner. Athens Services has developed programs that have kept West Covina on the cutting edge of environmental sustainability and in compliance with state laws relating to integrated waste management. The agreement between West Covina and Athens Services is a franchise agreement that establishes the waste collection company’s exclusive right to engage in the business of collecting solid waste, recyclables, and other waste within the boundaries of the City. In exchange for this right, the waste collection company pays the City a franchise fee of 10 percent of its gross receipts resulting from the agreement. The agreement also specifies the rates that the waste collection company can charge residents and businesses for its services and authorizes the company to request an annual rate increase in accordance with the Consumer Price Index (CPI). This type of arrangement is common among similar cities in Los Angeles County.

West Covina initially contracted with Athens Services in 1992. That agreement contained a clause that annually extended the agreement's duration by one year, thereby ensuring it maintained an ongoing service period of eight years (resulting in what is known as an evergreen period). In other words, in 1997, the expiration date for the agreement was 2005, while by 1999 the expiration had extended to 2007. In June 1999, the City and Athens Services entered into an Amended and Restated Agreement. In March 2001, the City Council approved the first of 11 amendments to that agreement, which extended its evergreen period from eight to 12 years. In October 2012, the City Council approved Amendment No. 9 to the agreement, which extended the evergreen period to 25 years. In exchange for the extension of the evergreen period, Athens Services agreed to make a one-time payment of $2 million to the City and annual recurring payments of $100,000 in addition to the franchise fee. Over the years, the City Council approved other amendments to the franchise agreement that pertained to rate adjustments but did not modify the length of the contract.

In November 2016, the City Council approved Amendment No. 10 to the franchise agreement for a series of rate increases to customers for waste collection services. That amendment also provided for a one-time payment of $650,000 to the City and increased the annual recurring payments from Athens Services to $300,000, but stipulated that the City’s notification of contract termination would void that payment clause. Finally, the City approved Amendment No. 11 to the franchise agreement in October 2018, which included a clause preventing the City from exercising its annual option to terminate the agreement until October 2023. As a result of its amendments, the earliest the City could contract with another vendor would be October 2048.

Given the long-term relationship between West Covina and Athens Services, the City asked Athens Services to enter into negotiations to implement changes to the existing agreement recognizing changes in new laws pertaining to solid waste handling and the need for the diversion of solid waste from landfills.

As it complies with California’s Short-Lived Climate Pollutant Reduction law, often called SB 1383, West Covina is able to seek the best value for its residents and community and renegotiate certain terms of the agreement with Athens Services.

In February 2022, a proposed amendment to the agreement was presented to City Council. After discussion, the item was tabled. Staff continued negotiations.

DISCUSSION:

SB 1383 establishes methane reduction targets for California. SB 1383 is an unfunded State mandate that sets goals to reduce disposal of organic waste in landfills, including edible food. The bill’s purpose is to reduce greenhouse gas emissions, such as methane, and address food insecurity in California.

Aspects of this law ensure that food scraps are composted and compost is purchased by cities.

Composting, industrial uses, and animal feed are good environmental uses for inedible food or other organic material. Disposing of organic waste in landfills is considered a significant source of local air quality pollutants, which can cause respiratory issues and hospitalizations for community members.

SB 1383 provides a complex array of mandatory requirements for cities, requiring all residential and commercial premises to comply with a rigorous organic waste recycling program. The requirements are embodied in statewide regulations. On March 15, 2022, the City Council adopted Urgency Ordinance 2494. Ordinance 2494 added Article IV (Mandatory Organic Waste Disposal Reduction) to Chapter 12 (Garbage and Rubbish Collection) of the West Covina Municipal Code to implement the requirements of SB 1383.

The proposed amendment to the agreement with Athens Services (Attachment No. 1) provides the State-mandated organics recycling services for the City of West Covina. In November 2025, the City of West Covina and Athens initially negotiated a 13.5% rate increase. Since those negotiations, Athens has proposed a revised increase of 17% over the prior contract. This 17% increase is reflected in the proposed amendment and is described by Athens as an adjustment intended to align the City’s commercial rates with current market conditions. Exhibit A of the proposed amendment outlines the scope of services to be provided, which include:

Education and outreach to its customers on organic waste recycling.

Data collection and reporting of organic waste diversion.

Procurement of recovered organic waste projects such as compost, mulch, and/or California-derived Renewable Natural Gas
Dedicated bins for organic waste collection with labeling that includes food waste as appropriate for recycling.

Labeling on bins for landfill disposal that excludes food waste as an allowable waste stream for disposal.

Monitoring of waste bins for contamination through periodic audits.

Contamination protocols, which include affixing notices to any container with contaminated waste and instructions to customers on proper procedures for sorting waste.

With the services provided through the amended agreement with Athens, the City will be compliant with SB 1383 requirements.

LEGAL REVIEW:

The City Attorney's Office did not review this staff report. The City Attorney's Office will review and approve the final form of the amendment prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve the staff recommendation; or

2. Provide alternative direction
Prepared by: Kelly McDonald, Assistant to the City Manager Additional Approval: Karen Ogawa, Finance Director
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

There is no fiscal impact to the City related to the approval of this amendment.

The Current and Proposed Rate Comparison is provided as Attachment No. 2 and the Current and Proposed Supplemental Rate Comparison is provided as Attachment No. 3.

Attachments
Attachment No. 1 - Amendment No. 12
Attachment No. 2- Current and Proposed Rate Comparison
Attachment No. 3- Current and Proposed Supplemental Rate Comparison CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
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AMENDMENT NO. 12

TO THE AMENDED AND RESTATED

AGREEMENT BETWEEN

THE CITY OF WEST COVINA
AND ARAKELIAN ENTERPRISES, INC.

DBA ATHENS SERVICES

FOR THE COLLECTION OF SOLID WASTE,

RECYCLABLES, YARD WASTE AND OTHER COMPOSTABLES
THIS AMENDMENT NO. 12 TO THE AMENDED AND RESTATED AGREEMENT

FOR THE COLLECTION OF SOLID WASTE, RECYCLABLES, YARD WASTE AND OTHER COMPOSTABLES (“Amendment” or “Amendment No. 12”), effective as of the date specified in Section 1 hereof, is made and entered into by and between the City of West Covina (“City”) and Arakelian Enterprises, Inc., dba Athens Services (“Contractor”). City and Contractor are hereafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. City and Contractor have previously entered into that certain Amended and Restated Agreement, dated June 2, 1999, concerning waste and recyclable collection in the City (hereinafter, “Original Agreement”). The Original Agreement was later amended by that certain Amendment No. 1, dated March 21, 2001; by that certain Amendment No. 2, dated May 27, 2002; by that certain Amendment No. 3, dated September 23, 2003; by that certain Amendment No. 4, dated April 1, 2004; by that certain Amendment No. 5, dated June 7, 2007; by that certain Amendment No. 6, dated December 4, 2007; by that certain Amendment No. 7, dated August 20, 2008; by that certain Amendment No. 8, dated August 20, 2008; by that certain Amendment No. 9, dated November 1, 2012; by that certain Amendment No. 10, dated November 7, 2016; and by that certain Amendment No. 11, dated October 24, 2018 (collectively, “Prior Amendments”). The Original Agreement and Prior Amendments are collectively referred to herein as the “Agreement.” B. Public Resources Code § 40000 et seq., declares it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions;
C. The Legislature enacted certain new laws pertaining or relating to solid waste handling with which City must comply, including Assembly Bills Nos. 341, 901, 1594, 1826, and Senate Bills Nos. 341 and 1383, creating the need for the City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste; D. The City requires environmental services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal experience in order to bring City into compliance with applicable law; E. The City further requires modified or additional professional and integrated, Citywide waste management programs with the implementation of a Citywide organic waste collection program to also bring the City into and maintain compliance with applicable law; ATTACHMENT NO. 1
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F. Based on the foregoing, the City Council has determined that it is in the best interest of the City for Contractor to implement certain, long-term operational changes pertaining to the provision of professional environmental services in the City and enter into this Amendment, as specified herein, to ensure integrated waste management programs, including but not limited to the implementation of an organic waste collection program, are appropriately tailored and aligned to meet the aims of the City’s needs and environmental objectives; and NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:

TERMS

1. Amendment Effective Date. Except as otherwise specified in this Amendment, the Amendment shall be effective as of January 1, 2026 (“Amendment Effective Date”) with the same force and effect as if this Amendment had been executed on that date.

2. Amendment Definitions. Unless otherwise specified, all capitalized terms in this Amendment shall refer to those defined terms specified in Chapter 12, Article IV (Mandatory Organic Waste Disposal Reduction) of the West Covina Municipal Code (“SB 1383 Ordinance”) and 14 California Code of Regulations Section 18982. In the event of a conflict between a definition in this Amendment and a definition in 14 California Code of Regulations Section 18982, the definition in Section 18982 shall control.

3. Revised SB 1383 Definitions. Unless specified otherwise, the following terms in Article 1 of the Agreement are hereby amended to have the meanings specified in the SB 1383 Ordinance: (i) “yard waste” shall mean “Organic Waste,” as defined in the SB 1383 Ordinance; (ii) “commercial” and “industrial” shall mean “Commercial,” as defined in the SB 1383 Ordinance; and (iii) “residential” shall mean “Single Family,” as defined in the SB 1383 Ordinance. For the avoidance of doubt, Commercial includes multi-family dwellings with five (5) or more units and Single Family includes multifamily dwellings with fewer than five (5) units.

4. Manual Roll-Out Services for Seniors and Persons with Disabilities. The first paragraph of Section 5.3 shall be deleted in its entirety and replaced with the following:

Contractor shall collect and deliver to the appropriate solid waste facility all solid waste, recyclables, yard waste, organic waste, and other compostables generated at single- and multi-unit residential premises within the City and delivered for collection not less than once per week. Contractor shall provide manual container roll-out or “carry-out” services for low-income seniors at the discounted rates set forth in Exhibit E. In addition, Contractor shall provide manual container roll-out or “carry-out” services at no charge for those customers determined to have difficulty doing so themselves due to physical disability (whether permanent or temporary). For all other customers, Contractor shall make available and provide, upon ATTACHMENT NO. 1
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customer request and subject to additional charges as specified in Exhibit E, manual container roll-out or “carry-out” services.

5. Quarterly Bulky Item Pick Up at Multi-Family Premises. The fifth paragraph of Section 5.3 shall be deleted in its entirety and replaced with the following:

In addition to the weekly pick up of bulky items provided for in this Section, owners or property managers of Multi-Family Residential Dwellings may, once per calendar quarter, request bulk item pickups from Contractor. Quarterly bulky item pick-ups provided hereunder shall occur at a date and time mutually agreed upon by owner/property manager and Contractor and be made at no additional charge to customers. The five (5) item per week limitation set forth hereinabove shall not apply to the quarterly bulky item pick up provided for in this paragraph.

6. Annual Cleanup Campaign. Section 5.6 of the Agreement is hereby deleted in its entirety and replaced as provided below.

5.6 Holiday Tree Collection. Contractor shall collect all holiday trees on the first two scheduled pickup days after New Year’s Day.

Contractor must deliver the collected holiday trees to an appropriate facility for disposal and/or processing. Contractor is not required to divert for processing holiday trees with tinsel, flocking, or ornaments.

7. SB 1383 Program. Section 5.11 and Exhibit A are hereby deleted in their entirety and replaced as provided below. A new Exhibit A is also hereby added to the Agreement, as provided in Attachment 1 to this Amendment, and incorporated herein by reference.

5.11 SB 1383 Program. Beginning January 1, 2026, Contractor shall conduct collection, transportation, and processing for source separated Solid Waste, Recyclables, and Organic Waste generated at customer premises. Such service shall be conducted in accordance with Contractor’s SB 1383 program specified in Exhibit A attached hereto and incorporated herein by reference. No later than thirty (30) days prior to the full implementation of the SB 1383 program hereunder, Contractor shall provide City with a plan detailing how Contractor will transition from a two-stream to a three-stream collection and processing system for all generators serviced by Contractor in the City.

8. Service Requirements. Section 5.13 is hereby deleted in its entirety and replaced as provided below.

5.13 Service Requirements.

A. Service Requirements. Contractor shall provide an
ATTACHMENT NO. 1
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automated waste collection system for source-separated Solid Waste, Recyclables, and Organic Waste subject to the following terms:

1. Residential and Commercial Customers;
Bundled Service. Notwithstanding any provision in this Agreement to the contrary, as a default, (i) customers receiving cart service will be provided one 96-gallon cart for Solid Waste, one 96-gallon cart for Recyclables, and one 96-gallon cart for Organic Waste, for collection once-per week; and (ii) customers receiving bin service will be provided one 3-cubic yard Solid Waste bin, one 96-gallon cart for Recyclables, and one 64-gallon cart for Organic Waste, for collection once-per week.

2. Waste Assessment; Changes. Upon customer
request, or as determined by Contractor to be necessary for customer compliance with applicable law, Contractor shall conduct waste assessments for all Commercial and Multi-Family generators to ensure proper source separation. Based on a waste assessment performed by Contractor, Contractor may adjust the foregoing bundled service default levels to any one of the following container types: (i) 64-gallon cart; (ii) 1.5 to 2 cubic yard bin; and (iii) roll-off container with a capacity of 10 or more cubic yards. Contractor shall determine the appropriate container size, type, quantity, and collection frequency for each customer, subject to the reasonable disapproval of City and subject to applicable law. Notwithstanding the foregoing, customers may request changes to container size, type, quantity, and collection frequency. Contractor shall fulfill a customer’s request to change containers to the extent compliant with applicable law within one (1) week of receipt of the written request unless circumstances beyond Contractor’s control prevent such a response. Contractor may assess additional charges for services above the default services level herein as specified in Exhibit E.

3. Billing Adjustments. In the event of changes
container size, type, quantity, and collection frequency, Contractor shall make the appropriate adjustments to the customer’s account to reflect such changes, prorating the billing to the first of the nearest month from the date the change is made.

4. Acceptable Materials. Notwithstanding any
provision in this Agreement to the contrary, the Organic Waste and Recyclables that are to be accepted for collection by Contractor are set forth in Exhibits A.1 and A.2, respectively. City and Contractor agree that the list of acceptable Organic Waste and Recyclables may be modified from time to time with the written approval of City and pursuant to applicable law.

ATTACHMENT NO. 1
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B. Container Requirements.

1. Cleaning, Painting, Maintenance. Contractor
shall maintain all containers in a safe, serviceable, and functional condition, and so they present with a clean appearance. In accordance with the foregoing, Contractor shall clean or paint each Commercial bin periodically or as frequently as necessary, or promptly upon reasonable request of the City Manager, to keep containers in good repair and in a clean appearance without graffiti.

2. Damaged Containers. Contractor shall repair
or replace all containers damaged by collection operations at Contractor’s expense, unless damage is caused by the customer’s gross negligence, willful misconduct, or failure to comply with collection instructions, in which case, the customer may be billed for repair or replacement of container in accordance with Exhibit E.

Contractor’s decision to bill customers for damaged containers, if permitted hereunder to do so, shall be final.

3. Suitability Repairs or Replacements.

Contractor shall be responsible for repairing or replacing containers when Contractor determines the container is no longer suitable for service or when City or the customer requests replacement of a container that does not properly function, leaks, is damaged, or is otherwise not fit for service. Contractor shall be responsible for acquiring and providing the replacement containers. Contractor shall promptly repair or replace all damaged or broken containers not to exceed thirty (30) calendar days of the request or sooner if deemed necessary by Contractor to preserve continuity of services for the customer. Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by Contractor personnel. All repairs shall restore the container to its full functionality. Nothing contained herein shall limit Section

5.13(B)(2).

4. Container Inventory. Contractor shall
maintain a sufficient inventory of containers to accommodate new customer requests for service, requests for change in service levels (size, type, or number of containers) from current customers, and requests for replacement due to damage.

C. Facilities.

1. Facility Selection. Contractor has sole
discretion and exclusive right to determine the facilities utilized under this Agreement for the disposal, transfer, and/or processing of all Solid Waste, Recyclables, and/or Organic Waste. Contractor agrees ATTACHMENT NO. 1
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to deliver all Solid Waste, Recyclables, and Organic Waste for disposal, transfer and/or processing to such facilities designated by Contractor. All facilities utilized hereunder must comply with applicable law.

2. Notice; Change to Facilities. Contractor shall
submit a list of all such designated facilities no later than January 1, 2026 and thereafter, shall notify City within thirty (30) days if Contractor modifies this list of designated facilities.

3. Recordkeeping. Contractor shall maintain
accurate records of the quantities of Solid Waste, Recyclables, and Organic Waste transported to the appropriate processing facility, if transported to a processing facility, and as applicable, to the disposal site in accordance with applicable law. Contractor will cooperate with City in any audits or investigations of such recorded quantities.

Contractor shall devise a method approved by City to identify the diversion rate for City for the waste stream processed by Contractor and such method shall comply with requests made by CalRecycle.

Contractor has the right to retain any materials collected under the franchise and retain any payments therefor.

9. Additional City Services. A new Section 5.17 is hereby added to the Agreement as set forth below.

5.17 Abandoned Bulky Items in City Parks. Once per week, on days mutually agreed upon by City and Contractor, Contractor will collect abandoned Bulky Items at no charge to City in the following City areas: (i) Walmerado Park located at 625 E. Merced Ave.; (ii) Palmview Park located at 1340 E. Puente Ave.; (iii) Cortez Park located at 2441 E. Cortez St.; (iv) Shadow Oak Park located at 2121 E. Shadow Oak Dr.; (v) Cameron Park, located at 1363 E. Cameron Ave.; (vi) Friendship Park, located at 3740 S. Sentous Ave.; (vii) Del Norte Park, located at 1500 W. Rowland Ave.; and (vii) Orangewood Park, located at 1611 W. Merced Ave.

10. Service Rates and Review. Article 8, inclusive of each section therein, is hereby deleted in its entirety and replaced with the following:

8.1 Rates.

A. Maximum Service Rates. Rates for all services
provided to customers covered by this Agreement shall be as specified in Exhibit E of this Agreement, subject to adjustment as permitted pursuant to this Agreement.

B. Discounted Rates for Low Income Seniors and
Persons with Disabilities. Contractor shall provide discounted rates ATTACHMENT NO. 1
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for low income seniors and persons with disabilities as specified in Exhibit E of this Agreement.

C. Annual Rate Adjustment. Beginning July 1, 2026
and on each July 1, thereafter, the rates provided in Exhibit E shall be automatically adjusted annually by the percentage increase of the Consumer Price Index for Trash and Garbage Collection
(CUUR0000SEHGO2) U.S. City Average (not seasonally adjusted) as may be amended or renamed and replaced from time to time by the United States Bureau of Labor Statistics, or an equivalent index approved by mutual agreement in the event said index is no longer published (“Trash CPI”), for the prior 12-month period (March 1 of the current year to March 30 of the prior year) plus one percent (1%) (i.e., Trash CPI + 1) (“Annual Rate Adjustment”).

8.2 Special Fees. In addition to the revenues authorized by the rates in Exhibit E, Contractor may charge and receive fees for performing special services (e.g. the hauling and disposal of “bulky waste” in excess of the amount or schedule as provided for herein) as agreed upon in separate agreements between Contractor and each customer requesting such special services.

8.3 Special Rate Adjustments. Contractor may apply to the City Council for consideration of a special, interim rate review should an event or circumstance arise which results in an increase in the cost of operations by Contractor. Contractor may request an interim rate review when: (i) an event or circumstance occurred or will occur which is not reasonably foreseeable, and is not a usual business risk of Contractor; (ii) an event or circumstance occurred or will occur which is beyond the control of Contractor; (iii) it is necessary for Contractor to make a substantial change in its operation, or substantial capital investment, in order to perform its obligations under this Agreement or to meet the requirements of applicable law or regulation; or (iv) changes to Contractor’s operations within the City are required due to a change in law. For each request, Contractor shall prepare a schedule documenting the extraordinary costs. The schedule shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate of extraordinary costs. A final determination concerning an application for special, interim rate review shall be considered by the City Council within ninety (90) days of Contractor’s request, unless extended by mutual agreement of the Parties. The City Council shall not unreasonably deny, condition, or delay a properly submitted special, interim rate adjustment request. Nothing in this Agreement shall be construed as obligating Contractor to provide additional or modified services prior to City and Contractor having first agreed in writing to any such change.

ATTACHMENT NO. 1
-8-

8.4 Publication of Rates. Contractor shall provide prior written notice to customers of rate changes, which notice may be provided with, or as part of a regular billing. Contractor may provide a schedule of tipping fees along with customer billings.

8.5 Delinquencies. Contractor may assess penalties for late payments and collection of delinquent accounts in the amounts set forth in Exhibit E. Contractor may discontinue service to any customer where payment for services rendered is delinquent for sixty (60) days or more. Contractor shall notify the customer and City in writing of its intent to discontinue service not less than ten (10) business days before such discontinuation shall occur. If payment is not made by the end of such ten (10) business day period, Contractor may discontinue service to that customer. If payment is made at least five (5) business days prior to the next regularly scheduled collection day, Contractor shall resume service on the next regularly scheduled collection day for any customer whose service is discontinued upon receipt of delinquent fees, late fees, and any related charges to resume service. City agrees to assist Contractor with placing and collecting qualifying delinquencies on the tax roll in accordance with applicable law. Contractor will, by May 1st of each year or at such other time as City and Contractor may agree upon, notify City in writing as to whether it will seek to have City place and collect qualifying delinquencies on the tax roll. Contractor shall be responsible for timely preparing, at no cost to City, all required information, reports, notices, and materials required by City, and paying for any publication costs. City agrees to hold all hearings, timely publish all notices, and to timely make all filings to add the delinquent accounts to the tax roll, provided Contractor has timely provided the required information, reports, notices and materials to City. For the purposes of this section, a “qualifying delinquency” is a customer that is at least sixty (60) days in arrears and for which Contractor has provided at least one written notice delivered to the customer by mail or other reasonable means.

8.6 Proposition 218.

A. Hearings. At the City’s election, and without
admitting the applicability of Proposition 218 to this Agreement, City may conduct hearings with respect to the approval or adjustment of the rates specified in Exhibit E in accordance with Proposition 218, and if such hearings commence, the City Council shall agendize a vote to approve or adjust such rates, including but not limited to, if necessary, the continuation of the Annual Rate Adjustment, in ATTACHMENT NO. 1
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accordance with Government Code Section 53756 and Article XIII D, Section 6(a) of the California Constitution, as applicable.

B. Rate Invalidation Procedures. In the event that City is unable, by operation of applicable law, or a valid majority protest pursuant to Proposition 218, to approve or implement any rate increase due to Contractor under this Agreement, in whole or in part, including but not limited to the continuation of the Annual Rate Adjustment, City must provide thirty (30) days written notice to Contractor identifying such prohibition or disallowance, with a written justification explaining why City is prohibited or disallowed from approving or implementing an adjustment of rates in whole or in part (“Invalidation Notice”). Upon Contractor’s receipt of an Invalidation Notice, Contractor will present an accounting of the amounts otherwise due to Contractor attributable to the invalidated rate(s). City and Contractor shall immediately meet and confer and agree to discuss a revised rate adjustment that may be acceptable; corresponding reductions in programs, services, or fees and payments otherwise due to City to compensate Contractor for the total amount due to Contractor that would have been recovered through the Annual Rate Adjustment formula or other rate adjustment but for denial or prohibition of the same; and/or City paying to keep identified services and programs that may be removed or reduced. If City and Contractor do not reach an agreement within ninety (90) days of Contractor’s receipt of the Invalidation Notice, or as extended by mutual agreement of the Parties (email communication acceptable), Contractor will immediately offset the total cost of the invalidated rate(s) from the fees otherwise due to City such as but not limited to franchise fees, or upon written notice to Contractor, City may pay the remaining amounts directly to Contractor from City funds. If Contractor offsets the amounts due, then Contractor shall provide monthly reports to the City Manager that provide the total amounts being offset and the related services. Such monies may be refunded to City upon mutual written agreement between the Parties. Further, Contractor may terminate the Agreement without cause or penalty at any time, provided that Contractor provides at least ninety (90) days’ prior written notice of termination and, during such period, cooperates with City to transition services to City or its designee. Contractor’s rights hereunder are in addition to any other rights of Contractor upon the invalidation of rates that would otherwise be due to Contractor.

11. Maximum Rate Schedule. Exhibit E of the Agreement shall be deleted in its entirety and replaced with Attachment 2 to this Amendment and incorporated herein by reference.

12. Quarterly Statements. Exhibit F is hereby deleted from the Agreement in its entirety. A new Exhibit F is hereby added to the Agreement as Attachment 3 to this Amendment, ATTACHMENT NO. 1
-10-
and incorporated herein by reference. In addition, Section 4.3 of the Agreement is hereby amended to add the following:

Each quarterly payment shall be accompanied by a statement detailing the calculation of the amount payable, including Contractor’s gross receipts for the preceding calendar quarter with a breakdown of the receipts by residential and commercial customers.

The statement shall be in the form set forth in Exhibit F, unless such form is subsequently modified upon the mutual written agreement of the Parties.

13. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound, including but not limited to Section 2-330 of the West Covina Municipal Code, which, for the avoidance of doubt, does not apply to this Amendment.

14. Entire Amendment. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment.

15. Full Force and Effect. Other than as set forth in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply. In the event this Amendment is deemed null, void and of no force or effect by a court of competent jurisdiction, the agreements and understandings in force or effect prior to the Amendment Effective Date herein shall apply.

16. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original.
[Signature page follows]
ATTACHMENT NO. 1
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth below.

CITY OF WEST COVINA ARAKELIAN ENTERPRISES, INC., a
California corporation
Milan Mrakich
Acting City Manager
Ron Arakelian III
Executive Officer
Date Date
ATTEST:
________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
________________________________
Thomas P. Duarte
City Attorney
ATTACHMENT NO. 1
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[Amendment Attachment 1]
Exhibit A
SB 1383 Program

1. General. As provided herein, Contractor shall (i) provide account site visits and reviews, and the tracking thereof; (ii) support City public education and outreach efforts; (iii) meet with CalRecycle staff; (iv) provide Organic Waste tonnage data to both City and CalRecycle; and (v) provide Organic Waste collection services.

2. Education and Outreach. Contractor shall provide, and City must approve, education and outreach activities and to create and disseminate educational materials to customers in compliance with 14 CCR Section 18985.1. In accordance with the foregoing, Contractor will provide the education information required in 14 CCR Section 18985.1 by providing regularly scheduled notices, education materials, billing inserts, or other information disseminated to customers. Contractor shall maintain records of its education and outreach activities and provide this information upon request to City. City has a shared responsibility to cooperate with Contractor with respect to the education and outreach activities and creation and dissemination of educational materials hereunder.

3. Records; Reporting. Contractor shall prepare and maintain the records identified in 14 CCR Section 18995.2(f), arising from the Organic Waste services performed by Contractor, and shall assist City in reporting such information. Contractor will provide an annual report of the following: (i) the tons of Organic Waste collected by route, with map of routes; (ii) the total number of generators that receive each type of Organic Waste collection service provided by Contractor; (iii) the number of Organic Waste collection containers distributed by size and customer type; and (iv) annual totals of Organic Waste processed including facility name and location. Contractor shall provide other records to City within ten (10) business days of a request. Contractor shall provide City with business hours access to and any necessary training for use of a Contractor-hosted records systems in order to validate Contractor performance in accordance with the Organic Waste program specified in this Exhibit.

4. Recovered Organic Waste Products.

A. Beginning January 1, 2026 , Contractor shall procure and provide to, or cause to procure and provide, City sufficient quantities of Compost, mulch, and/or Californiaderived Renewable Natural Gas (“CRNG”) to meet the City’s required annual per capita procurement of products produced in accordance with 14 CCR Section 18993. Contractor may meet this obligation by one or more of the following activities, as determined by Contractor: (i) the use of CRNG in collection vehicles, provided such CRNG complies with 14 CCR Section 18993.1; and/or (ii) sufficient tons of Compost or mulch. Further, Contractor may utilize other methods approved by CalRecycle or applicable law to ensure that the City achieves the procurement requirements.

B. Contractor shall comply with the recordkeeping and verification requirements of 14 CCR Section 18993.1 and 14 CCR Section 18993.2, as applicable, including but not limited to, records sufficient to evidence the procurement of recovered Organic Waste ATTACHMENT NO. 1
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products made by Contractor on behalf of City. City shall notify Contractor as soon as practicable of any third-party request under the California Public Records Act (excluding any request by CalRecycle) to review or copy documents provided to City in connection with or related to this Section 4.

5. Containers.

A. Container Color. Notwithstanding any provision in this Agreement to the contrary, all containers provided by Contractor to customers must comply with the color requirements specified in 14 CCR Section 18984.7 under the timelines and requirements of such section. Containers shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation, and the lids and bodies shall be uniform for each container type, as follows: (i) Solid Waste container bodies and/or lids shall be black or gray; (ii) Recyclables container bodies and/or lids shall be blue; and (iii) Organic Waste container bodies and/or lids shall be green. Hardware such as hinges and wheels on the containers may be a different color than specified herein.

B. Container Labeling. Contractor shall, in accordance with 14 CCR Section 18984.8, imprint or place a label on the body or lid of each new container that has been provided by Contractor to a customer that includes language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container. Imprints or labels shall clearly indicate items that are Prohibited Container Contaminants for each container.

6. Ongoing Contamination Monitoring. Contractor may meet contamination monitoring requirements pursuant to SB 1383 by conducting waste evaluations or route reviews, as follows:

A. Route Reviews. If Contractor elects to perform route reviews, commencing January 1, 2026, Contractor shall conduct route reviews for Prohibited Container Contaminants consistent with and as defined in 14 CCR Section 18984.5(b) in a manner deemed safe by Contractor such that all hauler routes are reviewed annually. Containers may be randomly selected along hauler routes. Contractor shall develop a hauler review methodology in compliance with 14 CCR Section 18984.5(b) and submit it to City not more than annually upon the request of City.

B. Waste Evaluations. If Contractor elects to perform waste evaluations, then, at least twice per year, in two distinct seasons of the year, Contractor shall conduct waste characterizations at facilities owned or operated by Contractor, pursuant to 14 CCR Section 18984.5(c). City maintains the right to observe, or hire a third party to observe, the waste evaluations.

7. Collection Routes; Commingling. To the extent permitted by applicable law, and if approved by City Manager in writing, Contractor may collect source separated Organic Waste from multiple cities within one Organic Waste route and, if so, will report to City source-separated Organic Waste tonnage among the cities by volume or other metric required by applicable law.

8. Contamination Protocols. In order to prevent Prohibited Container Contaminants, Contractor shall implement the protocols, as specified herein.

A. First Contamination Event. Upon the first discovery of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect ATTACHMENT NO. 1
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the contaminated waste if safe to do so, treat the waste as garbage for handling and billing purposes, and affix a “Contamination Violation Notice” to any container with contaminated waste.

Contractor shall also report issuance of any such notices to City. The Contamination Violation Notice will contain instructions on the proper procedures for sorting waste, and Contractor must notify the customer by phone, by U.S. mail, by email, in person, or by tag, of the following: (i) for the third and subsequent discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the customer may be charged a contamination fee for each contaminated container, and (ii) for the fifth and subsequent discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the customer may be charged a contamination fee for each contaminated container and Contractor may increase the size of the customer’s container or require an additional container(s). Contractor must also contact the customer by phone, by U.S. mail, by email, in person, or by tag, to ensure that the customer has the appropriate level of service for proper collection of waste.

B. Second Contamination Event. Upon the second discovery of Prohibited Container Contaminants within a given calendar year starting January 1, the protocols specified for a first contamination event shall apply.

C. Third Contamination Event. Upon the third discovery of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as garbage for handling and billing purposes, and affix a Contamination Violation Notice to the contaminated container.

Contractor may also elect to charge the then-maximum contamination fee for the contamination event. For any assessed contamination fee, Contractor must provide digital/visual documentation of Contractor’s discovery of Prohibited Container Contaminants to customer and City.

D. Fourth Contamination Event. Upon the fourth discovery of Contamination within a given calendar year starting January 1, the protocols specified for a third contamination event shall apply.

E. Five or More Contamination Events. Upon each of the fifth and any subsequent discoveries of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as garbage for handling and billing purposes, and charge a contamination fee for each event. For any assessed contamination fee, Contractor must provide digital/visual documentation of Contractor’s discovery of Prohibited Container Contaminants to customer and City. Upon five (5) business days’ notice to City and the customer, Contractor may (i) increase the size of the customer’s container, require additional containers to accommodate excessive Prohibited Container Contaminants, or increase collection frequency; (ii) impose a contamination fee in the amount equal to the then-maximum contamination fee multiplied by six (6) per contaminated container, provided Contractor may credit such fees paid if the customer has demonstrated Prohibited Container Contaminants are not in containers for a period of three (3) consecutive months after any fee assessment hereunder; and/or (iii) provide notice that Contractor has recommended that City commence any applicable code enforcement action against the customer. City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending customers in order to secure discontinuance of the Prohibited Container Contaminants. All City costs of such action shall be recovered from the offending customers.

ATTACHMENT NO. 1
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F. Contamination Records. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, customer’s address, type of container, and photographic evidence.

G. Disputes. If a customer disputes, in writing, an assessment of a contamination fee within thirty (30) days of the assessment, Contractor will temporarily halt any such assessment and Contractor may request a ruling by the City Manager to resolve the dispute. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) business days of a customer’s written dispute, and Contractor must include written documentation and digital/visual evidence of ongoing overall problems. Upon receipt of such documentation, the City Manager will rule on the dispute within ten (10) business days, and the City Manager’s decision on resolving the dispute between customer and Contractor will be final.

9. Generator Waivers.

A. General. In accordance Section 12-43 of the West Covina Municipal Code, the City may grant waivers (de minimis or physical space) to generators that impact the scope of Contractor’s provision of service for those customers. Waivers issued shall be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City in compliance with applicable law.

B. Requests Submitted to Contractor. Generators may submit requests for de minimis waivers and physical space waivers to City or Contractor. Within seven (7) days of being notified by City of a waiver request, Contractor shall inspect the generator’s premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the date of the inspection, customer name and address, a description of the premises, evaluation of each criterion of the relevant waiver type, and photographic evidence. Contractor shall send this information and documentation to City within three (3) days after the inspection date. City ultimately retains the right to approve or deny any application, regardless of the information provided by Contractor. Contractor shall report information regarding waivers reviewed on a monthly basis.

C. Contractor Change in Customers’ Service Levels. When City grants a waiver to a customer, or the customer’s waiver status changes, City shall notify Contractor within seven (7) days with information on the customer and any changes to service level or collection service requirements for the customer.

D. Reverification of Waivers. Contractor shall conduct reverifications of waivers through inspection of each generator’s premises and review of applicable records upon receipt of a request from the City or a written verification of eligibility from the customer as required by the SB 1383 Ordinance. Such reverifications shall be conducted at least once every five (5) years.

Contractor shall maintain a record of each waiver reverification and provide a monthly report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Contractor concludes are no longer warranted.

10. Organic Waste Ordinance; Enforcement. City will enforce its SB 1383 Ordinance including, but is not limited to: sending cease and desist letters at Contractor’s request to third parties ATTACHMENT NO. 1
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engaged in violating the SB 1383 Ordinance; taking code enforcement action against who continue to violate the SB 1383 Ordinance; and initiating any legal actions against violators of the City’s SB 1383 Ordinance. Contractor shall not be liable for any claims, actions, obligations, demands, damages, liabilities, costs, or expenses for any damages or injuries caused by or arising from (i) the failure of customers to accept Organic Waste collection services, or (ii) the suspension or termination of services upon nonpayment in whole or in part by customers, provided Contractor reports such instances of noncompliance or nonpayment to City for code enforcement.

ATTACHMENT NO. 1
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EXHIBIT A.1

LIST OF ACCEPTABLE ORGANIC WASTE MATERIALS

GREEN WASTE
• Flower and hedge trimmings
• Grass clippings
• Leaves and branches
• Weeds
• Lumber*
• Scrap wood*
• Plywood*
*Not painted or treated

UNACCEPTED ITEMS
• All plastics
• Cacti, succulents, and yucca
• Compostable plastics (bioplastics)
• Coffee cups and pods
• Fats, oils, and grease
• Food stickers (please remove from items)
• Gloves
• Hard shells (clams, mussels, oysters)
• Medication
• Palm fronds
• Paper napkins with cleaning chemicals
• Paper towels with cleaning chemicals
• Parchment and wax paper
• Pet waste
• Rocks and soil
• Rubber bands and twist ties
• Tea bags
• Textiles
• Tissues and wet wipes

FOOD SCRAPS
• Bread, rice, and pasta
• Cheese and dairy
• Coffee grounds and filters
• Fruits and vegetables
• Flowers and herbs
• Meat, bones, and poultry
• Seafood and soft shells
• Pet food (nonmedicated)
FOOD-SOILED PAPER*
• Food-stained paper
• Paper egg cartons
• Paper napkins
• kitchen paper towels
• Pizza boxes
• Plates
• To-go boxes (no coating)
• Wood and fiber-based utensils
*Must be 100% fiber-based. No materials with -
plastic, wax, or bioplastic coating, liner, or laminate.

ATTACHMENT NO. 1
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EXHIBIT A.2

LIST OF ACCEPTABLE RECYCLABLE MATERIALS

PLASTICS
• Plastics number 1 as bottle or clamshell
• Plastics numbers 2, 4, 5, and 7
• Soda, juice, and water bottles
• Beverage and detergent jugs
METALS
• Aluminum foil and pie tins (clean)
• Scrap metal
• Steel cans, dishware, etc.
• Tin and aluminum cans
PAPER
• Paper (clean and dry, white and mixed color)
• Envelopes
• File folders (paper only)
• Junk mail and magazines
• Newspaper
• Paper grocery bags
• Telephone books
Acceptable (but may not be recycled):
• Cereal boxes (no plastic insert)
• Egg cartons (paper only and clean)
• Frozen food boxes
• Soup, milk, and juice cartons
CARDBOARD (or similar)
• Cardboard and corrugated boxes
GLASS
• Amber, green, and mixed-color glass
• Clear food glass jars
• Soda, tea, and liquor bottles
No window glass, porcelain, or non-food-related glass.

ATTACHMENT NO. 1
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[Amendment Attachment 2]
Exhibit E
Maximum Rate Schedule
ATTACHMENT NO. 1
New New New
Net Franchise AB 939 Total
Rate Fee Surcharge Rate
Residential & Multi-Family Standard Collection Service
3 Cart 96/96/96 - Standard Base Service 41.66 4.63 0.14 46.43 3 Cart 64/64/64 35.36 3.93 0.14 39.43
3 Cart 32/32/32 35.36 3.93 0.14 39.43
3 Cart 96/96/96 (Low Income Senior Discount & Person with Disabilities) 24.50 2.72 0.14 27.36 3 Cart 64/64/64 (Low Income Senior Discount & Person with Disabilities) 20.93 2.33 0.14 23.40 3 Cart 32/32/32 (Low Income Senior Discount & Person with Disabilities) 20.93 2.33 0.14 23.40 Note: Customer cannot change bundle service. If customer increases in size must be all 3 carts at higher rate.

Commercial & Multi-Family Solid Waste - Standard Bundle Collection Service - Standard bundle rate includes 96G recycle and 64G organics - Multi-family of 5 units or more
Commercial - 1.5 Yard Bin:
1X 259.23 28.80 7.63 295.66
2X 461.59 51.29 13.59 526.47
3X 680.43 75.60 20.03 776.06
4X 899.26 99.92 26.48 1,025.66
5X 1,118.10 124.23 32.92 1,275.25
6X 1,336.94 148.55 39.37 1,524.86
7X 1,555.77 172.86 45.81 1,774.44
Commercial - 3 Yard Bin:
1X 324.04 36.00 9.54 369.58
2X 619.32 68.81 18.24 706.37
3X 914.59 101.62 26.93 1,043.14
4X 1,209.87 134.43 35.62 1,379.92
5X 1,505.15 167.24 44.32 1,716.71
6X 1,800.42 200.05 53.01 2,053.48
7X 2,095.69 232.85 61.71 2,390.25
Commercial - 4 Yard Bin:
1X 388.85 43.21 11.45 443.51
2X 725.45 80.61 21.36 827.42
3X 1,071.68 119.08 31.56 1,222.32
4X 1,417.92 157.55 41.75 1,617.22
5X 1,764.16 196.02 51.94 2,012.12
6X 2,110.40 234.49 62.14 2,407.03
7X 2,456.63 272.96 72.33 2,801.92
Commercial - 1.5 Yard Compactor:
1X 500.39 55.60 14.73 570.72
2X 972.49 108.05 28.63 1,109.17
3X 1,446.76 160.75 42.60 1,650.11
4X 1,921.05 213.45 56.56 2,191.06
5X 2,395.33 266.15 70.53 2,732.01
6X 2,867.42 318.60 84.43 3,270.45
7X 3,341.71 371.30 98.39 3,811.40
Commercial - 3 Yard Compactor:
1X 667.91 74.21 19.67 761.79
2X 1,307.53 145.28 38.50 1,491.31
3X 1,947.15 216.35 57.33 2,220.83
4X 2,586.78 287.42 76.17 2,950.37
5X 3,224.23 358.25 94.94 3,677.42
6X 3,863.84 429.32 113.77 4,406.93
7X 4,503.47 500.39 132.60 5,136.46
Commercial - 4 Yard Compactor:
1X 837.60 93.07 24.66 955.33
2X 1,642.57 182.51 48.36 1,873.44
3X 2,447.53 271.95 72.07 2,791.55
4X 3,252.51 361.39 95.77 3,709.67
5X 4,057.48 450.83 119.47 4,627.78
6X 4,862.45 540.27 143.17 5,545.89
7X 5,667.41 629.71 166.87 6,463.99

CITY OF WEST COVINA
Schedule of Rates - Exhibit E
Effective November 1, 2025
ATTACHMENT NO. 1

CITY OF WEST COVINA
Schedule of Rates - Exhibit E
Effective November 1, 2025
Commercial & Multi-Family Recycling - Additional Containers Beyond Standard Service Commercial - 96G Cart:
1X 43.92 4.88 1.29 50.09
2X 87.84 9.76 2.59 100.19
3X 131.76 14.64 3.88 150.28
4X 175.68 19.52 5.17 200.37
5X 219.59 24.40 6.47 250.46
6X 263.51 29.28 7.76 300.55
7X 307.43 34.16 9.05 350.64
Commercial - 1.5 Yard Bin:
1X 137.93 15.33 4.06 157.32
2X 275.86 30.65 8.12 314.63
3X 413.80 45.98 12.18 471.96
4X 551.73 61.30 16.25 629.28
5X 689.66 76.63 20.31 786.60
6X 827.59 91.95 24.37 943.91
7X 965.53 107.28 28.43 1,101.24
Commercial - 3 Yard Bin:
1X 275.86 30.65 8.12 314.63
2X 551.73 61.30 16.25 629.28
3X 827.59 91.95 24.37 943.91
4X 1,103.46 122.61 32.49 1,258.56
5X 1,379.32 153.26 40.61 1,573.19
6X 1,655.19 183.91 48.74 1,887.84
7X 1,931.05 214.56 56.86 2,202.47
Commercial - 4 Yard Bin:
1X 367.82 40.87 10.83 419.52
2X 735.64 81.74 21.66 839.04
3X 1,103.46 122.61 32.49 1,258.56
4X 1,471.28 163.48 43.32 1,678.08
5X 1,839.10 204.34 54.15 2,097.59
6X 2,206.92 245.21 64.98 2,517.11
7X 2,574.74 286.08 75.81 2,936.63
Commercial & Multi-Family Organics - Additional Containers Beyond Standard Service Commercial - 64G Cart:
1X 83.41 9.27 2.46 95.14
2X 165.71 18.41 4.88 189.00
3X 248.01 27.56 7.30 282.87
4X 330.32 36.70 9.73 376.75
5X 412.62 45.85 12.15 470.62
6X 494.92 54.99 14.57 564.48
7X 577.22 64.14 17.00 658.36
Commercial - 1.5 Yard Bin:
1X 157.55 17.51 4.64 179.70
2X 305.92 33.99 9.01 348.92
3X 455.06 50.56 13.40 519.02
4X 603.43 67.05 17.77 688.25
5X 752.57 83.62 22.16 858.35
6X 901.71 100.19 26.55 1,028.45
7X 1,050.08 116.68 30.92 1,197.68
Commercial - 2 Yard Bin:
1X 186.61 20.73 5.49 212.83
2X 364.05 40.45 10.72 415.22
3X 540.72 60.08 15.92 616.72
4X 718.16 79.80 21.15 819.11
5X 895.59 99.51 26.37 1,021.47
6X 1,073.03 119.23 31.59 1,223.85
7X 1,250.46 138.94 36.82 1,426.22
ATTACHMENT NO. 1

CITY OF WEST COVINA
Schedule of Rates - Exhibit E
Effective November 1, 2025
Temporary Bin Service
3 Yard Temporary:
3 Day 229.82 25.54 0.00 255.36
1 Month 431.66 47.96 0.00 479.62
Extra Dump 117.13 13.01 0.00 130.14
Demurrage / Day 11.47 1.27 0.00 12.74
Standard Rolloff & Compactor Rolloff Collection Service Regular & Compactor Roll-Off Box (Haul includes up to 5 tons):

Rolloff Pick Up - Any Size 1,461.84 162.43 0.00 1,624.27 Demurrage / Day 28.64 3.18 0.00 31.82
Recycling:

Recycling - Any Size (Haul includes up to 4 tons) 644.64 71.63 0.00 716.27 Demurrage / Day 28.64 3.18 0.00 31.82
Organic Waste:

Organics Roll-Off Haul (Haul includes up to 4 tons) 1,143.57 127.06 0.00 1,270.63 Demurrage / Day 28.64 3.18 0.00 31.82
For any load exceeding five (5) tons (“Excess Weight”), the fee shall equal the Excess Weight (in tons) multiplied by the then-current gate rate at the disposal facility used for that load.

For any load exceeding four (4) tons (“Excess Weight”), the fee shall equal the Excess Weight (in tons) multiplied by the then-current gate rate at the disposal facility used for that load.

ATTACHMENT NO. 1
New New New
Net Franchise AB 939 Total
Rate Fee Surcharge Rate
Commercial Barrel:

Automated 96 Gallon Black 168.18 18.69 4.95 191.82
(4 unit customer - 1.5yd bin won't fit,
requested 2-96 gal black - same rate as bin)
Optional and Other Charges:

All Customers:

Declined Payment Charge 40.14 4.46 0.00 44.60
Account Stop Service 36.72 4.08 0.00 40.80
Account Reinstate 30.03 3.34 0.00 33.37
Account Site Estimate 9.72 1.08 0.00 10.80
Stand-By Time (each portion of 15 minutes) 51.40 5.71 0.00 57.11 Cart Replacement 148.59 16.51 0.00 165.10
Cart Exchange/Wash-Out (per Cart) 77.83 8.65 0.00 86.48 Contamination Fee (All Streams - Per Occurrence) 65.19 7.24 0.00 72.43 Late Fees (1.5% of past due balance per month, minimum fee) 5.59 0.62 0.00 6.21 Credit Card Convenience Fee (Percentage of total amount charged) 2% 0.00 0.00 2% Tax Roll Administration Fee 35.22 3.91 0.00 39.13
Bin Enclosure Clean Up (Cost per Hour) 220.00 24.44 0.00 244.44 Residential Cart Service:

Roll-Out Service 108.27 12.03 0.00 120.30
Extra Barrel (All sizes, All Streams) 10.00 1.11 0.00 11.11 Extra Cart 96G - Sr Discount & Persons with Disabilities (All Streams) 7.33 0.81 0.00 8.14 Extra Cart 64G - Sr Discount & Persons with Disabilities (All Streams) 6.38 0.71 0.00 7.09 Extra Cart 32G - Sr Discount & Persons with Disabilities (All Streams) 6.38 0.71 0.00 7.09 Extra Pick-Up (per Cart) 28.47 3.16 0.00 31.63
Go-Back (per Trip) 28.47 3.16 0.00 31.63
Dead-Run (per Cart) 28.47 3.16 0.00 31.63
Commercial, Multi-Family and Residential Bins:

Cart Extra Pick-Up 54.48 6.05 0.00 60.53
Scout/Pushout (per container x frequency) 46.81 5.20 0.00 52.01 Bin Delivery 110.15 12.24 0.00 122.39
Bin Removal 110.15 12.24 0.00 122.39
Bin Wash-out 147.28 16.36 0.00 163.64
Bin Exchange 333.00 37.00 0.00 370.00
Bin Extra Maintenance 112.43 12.49 0.00 124.92
Bin Go-Back or Dead-Run 147.28 16.36 0.00 163.64
Bin Extra Dump 117.11 13.01 0.00 130.12
Bin Excess Waste (overflow) 117.11 13.01 0.00 130.12
Bin Excess Weight (overweight) 117.11 13.01 0.00 130.12 Lock-Lid One-Time Set up Charge (per lock) 46.51 5.17 0.00 51.68 Lock-Lid Monthly Svc Charge (per container x frequency) 22.21 2.47 0.00 24.68 Bulky Item - 1st Item 25.00 2.78 0.00 27.78
Each Additional Bulky Item 15.00 1.67 0.00 16.67
Temporary Bins:

Bin Go-Back or Dead-Run 147.28 16.36 0.00 163.64
Bin Excess Waste (overflow) 151.44 16.83 0.00 168.27
Bin Excess Weight (overweight) 151.44 16.83 0.00 168.27 Lock-Lid One-Time Set up Charge (per lock) 46.51 5.17 0.00 51.68

CITY OF WEST COVINA
Schedule of Supplemental Rates - Exhibit E
Effective November 1, 2025
ATTACHMENT NO. 1
New New New
Net Franchise AB 939 Total
Rate Fee Surcharge Rate

CITY OF WEST COVINA
Schedule of Supplemental Rates - Exhibit E
Effective November 1, 2025
Roll-Off & Compactor:

R/O Load Characterization 211.11 23.46 0.00 234.57
Relocate Box 161.94 17.99 0.00 179.93
Go-Back or Dead-Run 161.94 17.99 0.00 179.93
Plastic Liner 51.40 5.71 0.00 57.11
Impound Illegal Box (plus disposal and city fees) 1,500.00 166.67 0.00 1,666.67 Compactor Rental (per month) 259.09 28.79 0.00 287.88
Compactor Wash Out 397.55 44.17 0.00 441.72
Same Day Rolloff Charge 90.51 10.06 0.00 100.57
Excessive Overweight Haul Fee (per load above 10 tons) 184.72 20.52 0.00 205.24 Excessive Overweight Administrative Charge (per load above 10 tons) 265.55 29.51 0.00 295.06 Other
Cardboard Boxes 6.36 0.71 0.00 7.07
Box Liners 0.62 0.07 0.00 0.69
ATTACHMENT NO. 1
-20-
[Amendment Attachment 3]
Exhibit F
Quarterly Statement Form
ATTACHMENT NO. 1
Athens Services
West Covina 20XX
Reconciliation of Fees Collected & Fees Paid
Gross Franchise AB 939
RES MF COM RES MF COM RES MF COM Receipts Fee Surcharge Collected Collected Collected
January 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 February 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 March 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 April 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 June 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 July 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 August 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 September 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 October 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 November 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 December 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 20XX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Check Date Waste Mgmt Fee Franchise Fee AB939
Q1 Payment MM/DD/YY $ - $ - $ -
Q2 Payment MM/DD/YY $ - $ - $ -
Q3 Payment MM/DD/YY $ - $ - $ -
Q4 Payment MM/DD/YY $ - $ - $ -
Total 20XX $ - $ - $ -
Final Payment Due For Calendar Year 20XX 0.00 0.00
Month: Customer Count: XX
Line of Business:

Customer # Gross Receipts Franchise Fee AB939 Fee
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
XXXXX -$ $ - -$
GROSS RECEIPTS FRANCHISE FEE AB939 FEE
TOTAL
*Data submitted to the City will include information shown here, in this form or a similar form ATTACHMENT NO. 1
Proposed Rates Current Rates % Increase
Residential & Multi-Family Standard Collection Service
3 Cart 96/96/96 - Standard Base Service 46.43 46.43 0%
3 Cart 64/64/64 39.43 39.43 0%
3 Cart 32/32/32 39.43 39.43 0%
3 Cart 96/96/96 (Low Income Senior Discount & Person with Disabilities) 27.36 27.36 0% 3 Cart 64/64/64 (Low Income Senior Discount & Person with Disabilities) 23.40 23.40 0% 3 Cart 32/32/32 (Low Income Senior Discount & Person with Disabilities) 23.40 23.40 0% Commercial - 1.5 Yard Bin:
1X 295.66 239.99 23.20%
2X 526.47 381.48 38.01%
3X 776.06 501.22 54.83%
4X 1,025.66 620.89 65.19%
5X 1,275.25 735.52 73.38%
6X 1,524.86 889.69 71.39%
7X 1,774.44 N/A 100.00%
Commercial - 3 Yard Bin:
1X 369.58 315.88 17.00%
2X 706.37 511.53 38.09%
3X 1,043.14 699.91 49.04%
4X 1,379.92 844.47 63.41%
5X 1,716.71 1,003.53 71.07%
6X 2,053.48 1,181.18 73.85%
7X 2,390.25 1,371.32 74.30%
Commercial - 4 Yard Bin:
1X 443.51 366.48 21.02%
2X 827.42 598.22 38.31%
3X 1,222.32 832.38 46.85%
4X 1,617.22 993.53 62.78%
5X 2,012.12 1,182.20 70.20%
6X 2,407.03 1,375.51 74.99%
7X 2,801.92 1,583.21 76.98%
Commercial - 1.5 Yard Compactor:
1X 570.72 239.99 137.81%
2X 1,109.17 381.48 190.75%
3X 1,650.11 501.22 229.22%
4X 2,191.06 620.89 252.89%
5X 2,732.01 735.52 271.44%
6X 3,270.45 889.69 267.59%
7X 3,811.40 N/A 100.00%
Note: Customer cannot change bundle service. If customer increases in size must be all 3 carts at higher rate.

Commercial & Multi-Family Solid Waste - Standard Bundle Collection Service - Standard bundle rate includes 96G recycle and 64G organics

CITY OF WEST COVINA
Current and Proposed Rate Comparison

Page 1 ends

ATTACHMENT NO. 2
Proposed Rates Current Rates % Increase

CITY OF WEST COVINA
Current and Proposed Rate Comparison
Commercial - 3 Yard Compactor:
1X 761.79 315.88 141.16%
2X 1,491.31 511.53 191.54%
3X 2,220.83 699.91 217.30%
4X 2,950.37 844.47 249.38%
5X 3,677.42 1,003.53 266.45%
6X 4,406.93 1,181.18 273.10%
7X 5,136.46 1,371.32 274.56%
Commercial - 4 Yard Compactor:
1X 955.33 366.48 160.68%
2X 1,873.44 598.22 213.17%
3X 2,791.55 832.38 235.37%
4X 3,709.67 993.53 273.38%
5X 4,627.78 1,182.20 291.45%
6X 5,545.89 1,375.51 303.19%
7X 6,463.99 NA 100.00%
Commercial - 96G Cart:
1X 50.09
2X 100.19
3X 150.28
4X 200.37
5X 250.46
6X 300.55
7X 350.64
Commercial - 1.5 Yard Bin:
1X 157.32
2X 314.63
3X 471.96
4X 629.28
5X 786.60
6X 943.91
7X 1,101.24
Commercial - 3 Yard Bin:
1X 314.63
2X 629.28
3X 943.91
4X 1,258.56
5X 1,573.19
6X 1,887.84
7X 2,202.47
Commercial & Multi-Family Recycling - Additional Containers Beyond Standard Service

Page 2 ends

Proposed Rates Current Rates % Increase

CITY OF WEST COVINA
Current and Proposed Rate Comparison
Commercial - 4 Yard Bin:
1X 419.52
2X 839.04
3X 1,258.56
4X 1,678.08
5X 2,097.59
6X 2,517.11
7X 2,936.63
Commercial & Multi-Family Organics - Additional Containers Beyond Standard Service Commercial - 64G Cart:
1X 95.14
2X 189.00
3X 282.87
4X 376.75
5X 470.62
6X 564.48
7X 658.36
Commercial - 1.5 Yard Bin:
1X 179.70
2X 348.92
3X 519.02
4X 688.25
5X 858.35
6X 1,028.45
7X 1,197.68
Commercial - 2 Yard Bin:
1X 212.83
2X 415.22
3X 616.72
4X 819.11
5X 1,021.47
6X 1,223.85
7X 1,426.22
3 Day 255.36 218.26 17.00%
1 Month 479.62 409.93 17.00%
Extra Dump 130.14 111.23 17.00%
Demurrage / Day 12.74 10.89 16.99%
Temporary Bin Service
3 Yard Temporary:

Page 3 ends

Proposed Rates Current Rates % Increase

CITY OF WEST COVINA
Current and Proposed Rate Comparison
Rolloff Pick Up - Any Size 1,624.27
Demurrage / Day 31.82
Recycling - Any Size (Haul includes up to 4 tons) 716.27 Demurrage / Day 31.82
Organics Roll-Off Haul (Haul includes up to 4 tons) 1,270.63 Demurrage / Day 31.82
For any load exceeding four (4) tons (“Excess Weight”), the fee shall equal the Excess Weight (in tons) Recycling:

Organic Waste:

Standard Rolloff & Compactor Rolloff Collection Service For any load exceeding five (5) tons (“Excess Weight”), the fee shall equal the Excess Weight (in tons) Regular & Compactor Roll-Off Box (Haul includes up to 5 tons):

Page 4 ends

Proposed Rates Current Rates %
Increase
Automated 96 Galleon Black 191.82 191.82 0.00%
(4 unit customer - 1.5yd bin won't fit, requested 2-96 gal black - same rate as bin) Declined Payment Charge 44.60 38.12 17.00%
Account Stop Service 40.80 34.87 17.01%
Account Reinstate 33.37 28.52 17.01%
Account Site Estimate 10.80 9.23 17.01%
Stand-By Time (each portion of 15 minutes) 57.11 48.82 16.98% Cart Replacement 165.10 141.11 17.00%
Cart Exchange/Wash-Out (per Cart) 86.48 34.87 148.01%
Contamination Fee (All Streams - Per Occurrence) 72.43 N/A 100.00% Late Fees (1.5% of past due balance per month, minimum fee) 6.21 N/A 100.00% Credit Card Convenience Fee (Percentage of total amount 2% N/A 100.00% Tax Roll Administration Fee 39.13 N/A 100.00%
Bin Enclosure Clean Up (Cost per Hour) 244.44 N/A 100.00% Residential Cart Service:

Roll-Out Service 120.30 24.74 386.26%
Extra Barrel (All sizes, All Streams) 11.11 9.38 18.44% Extra Cart 96G - Sr Discount & Persons with Disabilities (All 8.14 7.03 15.79% Extra Cart 64G - Sr Discount & Persons with Disabilities (All 7.09 7.03 0.85% Extra Cart 32G - Sr Discount & Persons with Disabilities (All 7.09 7.03 0.85% Extra Pick-Up (per Cart) 31.63 31.63 0.00%
Go-Back (per Trip) 31.63 31.63 0.00%
Dead-Run (per Cart) 31.63 31.63 0.00%
Cart Extra Pick-Up 60.53 51.73 17.01%
Scout/Pushout (per container x frequency) 52.01 N/A 100.00% Bin Delivery 122.39 104.61 17.00%
Bin Removal 122.39 104.61 17.00%
Bin Wash-out 163.64 139.87 16.99%
Bin Exchange 370.00 139.87 164.53%
Bin Extra Maintenance 124.92 106.77 17.00%
Bin Go-Back or Dead-Run 163.64 76.91 112.77%
Bin Extra Dump 130.12 111.22 16.99%
Bin Excess Waste (overflow) 130.12 111.22 16.99%
Bin Excess Weight (overweight) 130.12 111.22 16.99%
Lock-Lid One-Time Set up Charge (per lock) 51.68 44.18 16.98% Lock-Lid Monthly Svc Charge (per container x frequency) 24.68 21.09 17.02% Bulky Item - 1st Item 27.78 N/A 100.00%
Each Additional Bulky Item 16.67 N/A 100.00%
Commercial Barrel:

Optional and Other Charges:

All Customers:

CITY OF WEST COVINA

CURRENT AND PROPOSED SUPPLEMENTAL RATES
Commercial, Multi-Family and Residential Bins:

Page 1 ends

ATTACHMENT NO. 3
Proposed Rates Current Rates %
Increase

CITY OF WEST COVINA

CURRENT AND PROPOSED SUPPLEMENTAL RATES
Bin Go-Back or Dead-Run 163.64 139.87 16.99%
Bin Excess Waste (overflow) 168.27 143.81 17.01%
Bin Excess Weight (overweight) 168.27 143.81 17.01%
Lock-Lid One-Time Set up Charge (per lock) 51.68 44.18 16.98% R/O Load Characterization 234.57 200.49 17.00%
Relocate Box 179.93 153.79 17.00%
Go-Back or Dead-Run 179.93 153.79 17.00%
Plastic Liner 57.11 48.82 16.98%
Impound Illegal Box (plus disposal and city fees) 1,666.67 1,046.08 59.33% Compactor Rental (per month) 287.88 246.06 17.00%
Compactor Wash Out 441.72 377.53 17.00%
Same Day Rolloff Charge 100.57 NA 100.00%
Excessive Overweight Haul Fee (per load above 10 tons) 205.24 N/A 100.00% Excessive Overweight Administrative Charge (per load above 10 tons) 295.06 N/A 100.00% Cardboard Boxes 7.07 N/A 100.00%
Box Liners 0.69 N/A 100.00%
Roll-Off & Compactor:

Other
Temporary Bins:

Page 2 ends

AGENDA ITEM NO. 3

BETWEEEN THE CITY AND ATHENS SERVICES
RECOMMENDATION:

It is recommended that the City Council approve the City Waste Capacity and Sustainability Agreement between the City and Arakelian Enterprises, Inc. dba Athens Services, in such final form as approved by the City Attorney.

BACKGROUND:

California Public Resources Code section 40059(a) authorizes the City to determine aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services. California Public Resources Code section 40059(a) also authorizes the City to determine whether such services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding.

The City contracts or may contract for, or otherwise permits certain solid waste haulers to collect, solid waste generated within the boundaries of the City, and the City has the authority to direct or encourage haulers of such waste as well as residents and businesses engaged in self-hauling or similar incidental collection activities to transport solid waste generated within the City to designated facilities in a manner consistent with the protection of public health and safety.

Arakelian Enterprises, Inc. dba Athens Services, the City's franchised waste collection company, owns or operates material recovery facilities and similar facilities in Los Angeles County, which are proximate to the boundaries of West Covina, and is willing to provide capacity and accept non-hazardous solid waste generated in the City at its facilities.

DISCUSSION:

Athens and City staff have prepared a proposed City Waste Capacity and Sustainability Agreement Athens and City staff have prepared a proposed City Waste Capacity and Sustainability Agreement ("Sustainability Agreement") between the City and Athens. Key terms of the proposed agreement include:

Athens will provide an annual sustainability payment of $1,500,000 to be used at the discretion of the City. Each year, the sustainability payment will be increased by the percent change in the Consumer Price Index (CPI) for All Urban Consumers.

Athens will provide capacity for City Waste, as defined, at Athens' facilities.

City will engage in good faith efforts to deliver or cause to be delivered all City Waste to Athens' facilities.

In connection with these good faith efforts, the City may develop incentives, programs, policies, or other actions within the City and/or at Athens' facilities to facilitate the delivery of City Waste at Athens' facilities.

To the extent permissible by law, the City is required to include a provision in any future franchise, license, permit, or contract authorizing the collection of City Waste, that all City Waste be delivered to Athens' facilities.

The City is required to engage in good faith efforts to enforce the West Covina Municipal Code to prevent illegal hauling.

Either party may terminate the agreement for default.

If the City provides written notice of termination of the franchise agreement or the franchise agreement is deemed null, void or of no force and effect, in whole or in part, Athens may immediately terminate the Sustainability Agreement. If Athens terminates the Sustainability Agreement, the City is required to return the most recently paid sustainability payment on a prorated basis from the date of Athens' written notice of termination to December 31.

Section 2-330(a) of the West Covina Municipal Code states: "Unless otherwise approved by the city council, the maximum duration for any agreement for goods and/or services shall not exceed five (5) years. Prior to approving any agreement with a duration that exceeds five (5) years, the city shall document the rationale for entering into the agreement and why such agreement is in the best interest of the city."
The proposed Sustainability Agreement is not an agreement for goods or services to be provided to the City. Rather, Athens is providing an annual sustainability payment to the City in exchange for the City making good faith efforts to direct City Waste to be delivered to Athens' facilities. Therefore, Section 2-330(a) does not apply to the Sustainability Agreement.

Staff recommends that the City Council approve the proposed Sustainability Agreement, in such final form as approved by the City Attorney.

LEGAL REVIEW:

The City Attorney's Office will review and approve the final form of the agreement prior to execution.

Additional Approval: Roxanne E. Lerma, Assistant City Manager Attachments
Attachment No. 1 - Agreement
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability A Well-Planned Community
Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
-1-

CITY WASTE CAPACITY AND SUSTAINABILITY AGREEMENT

BETWEEN CITY OF WEST COVINA
AND
ARAKELIAN ENTERPRISES, INC.

This City Waste Capacity and Sustainability Agreement (“Agreement”) is dated January 1, 2026, by and between the City of West Covina (“City”) and Arakelian Enterprises, Inc. dba Athens Services, a California corporation (“Contractor”). City and Contractor may be individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. The Legislature of the State of California, by its adoption of California Public Resources Code § 40002, has declared that it is in the public interest of the State to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions, consistent with the policies, standards, and requirements of California Public Resources Code § 40000 et seq. and all regulations adopted pursuant thereto; B. California Public Resources Code § 40059(a) authorizes the City to determine aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; C. California Public Resources Code § 40059(a) authorizes the City to determine whether such services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding; D. The City contracts or may contract for, or otherwise permits certain solid waste haulers to collect solid waste generated within the boundaries of the City, and the City has the authority to direct or encourage haulers of such waste as well as residents and businesses engaged in self-hauling or similar incidental collection activities to transport solid waste generated within the City to designated facilities in a manner consistent with the protection of public health and safety; E. SB 1383, and other applicable law, requires that the City meet strict goals with regard to the diversion and proper processing of recyclables, organics, and other types of waste that would otherwise be disposed of from the City in landfills;
F. The City wishes to ensure the availability of disposal and processing facilities to support Citywide diversion of all solid waste generated in the City as a means to support the City’s compliance with applicable law, including SB 1383;
G. The Contractor owns or operates material recovery facilities and similar facilities in Los Angeles County, which are proximate to the boundaries of the City or may own or operate additional such facilities in the future (collectively, “Contractor Facilities”) and is willing to provide capacity and accept non-hazardous solid waste generated in the City at the Contractor Facilities, subject to the provisions of this Agreement; ATTACHMENT NO. 1
-2-
H. The City is willing and able to engage in good faith efforts to deliver or cause to deliver such waste to Contractor Facilities, to the extent permissible by applicable law; I. The City has determined that the execution of this Agreement by the City is in the best interests of the City and will serve the public health, safety and welfare of the City by providing greater waste diversion in accordance with state law, more predictable and reliable longterm processing service, and the continuation of sound environmental management.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein set forth, and of the undertakings of each Party to the other, the Parties do hereby promise and agree as set forth below.

AGREEMENT

1. Term. The term of this Agreement shall be for five (5) years beginning January 1, 2026, and ending on December 31, 2030, provided, however, that commencing on the first anniversary date of January 1, 2027, and on every anniversary date thereafter, an automatic oneyear extension shall commence so that the term of the Agreement thereafter shall remain at a constant five (5) years (“Term”) unless sooner terminated in accordance with Sections 7(a)-(b) or as a result of modifications to this Agreement pursuant to Section 12.

2. Sustainability Payment.
a. Sustainability Payment. Subject to the terms and conditions of this Agreement, beginning January 1, 2026 and each January 1 of the Term thereafter, Contractor agrees to make an annual payment of $1,500,000 per year (“Sustainability Payment”) to City to be used at the discretion of the City. Beginning on January 1, 2027, and on each January 1 thereafter during the Term, the Sustainability Payment shall be adjusted by the percentage change in the Consumer Price Index for All Urban Consumers (Los Angeles–Long Beach–Anaheim) measured from November to November of the preceding year. For the avoidance of doubt, the Sustainability Payment is an advance payment made in consideration of the City’s performance of the obligations specified in this Agreement during the contract year in which such payment is made, beginning January 1 and ending December 31.
b. Unanticipated Changes. In the event of Unanticipated Changes, as defined herein, Contractor shall be entitled to a reduction in the Sustainability Payment or other modifications to the Agreement as may be reasonably necessary. A final determination concerning an application for changes to the Sustainability Payment or other modifications to the Agreement will be considered by the City Council within thirty (30) days of Contractor’s request, unless extended by mutual agreement between the Parties, and cannot be unreasonably denied upon Contractor’s demonstration of Unanticipated Changes. For the purposes of this Agreement, “Unanticipated Changes” include but are not limited (i) an event or circumstance occurred or will occur which is not reasonably foreseeable, and is not a usual business risk of Contractor; or (ii) an event or circumstance occurred or will occur which is beyond the control of Contractor; or (iii) it is necessary for Contractor to make a substantial change in its operation, or substantial capital investment, in order to perform its obligations under this Agreement or to meet the requirements of -3-
applicable law or regulation; or (iv) change in law or City action such as but not limited to any changes that affect whether City directs or causes to direct City Waste to Contractor Facilities.

3. Contractor Obligations. Subject to the terms and conditions of this Agreement, Contractor shall provide capacity for all the following materials generated in the City (collectively, “City Waste”) at Contractor Facilities: (i) municipal solid waste, including garbage, refuse, rubbish, and similar materials (“MSW”); (ii) organic waste including food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Contractor shall transfer Organic Waste deemed acceptable by Contractor to a facility selected by Contractor capable of processing Organic Waste in accordance with applicable law, which includes but is not limited to the American Organics processing facility at 20055 Shay Rd., Victorville, CA 92394 (“Organic Waste”); (iii) recyclable materials including materials which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, polyethylene terephathalate (PET) or other plastics, beverage containers, compostable materials, phone books, used motor oil, and such other materials designated by Contractor, or designated as recyclables by CalRecycle, or any other agency with jurisdiction (“Recyclable Materials”); (iv) construction and demolition debris including discarded materials removed from premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include but are not limited to “inert wastes” as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures (“C&D Materials”). At the City’s request, or as required of Contractor under applicable law, Contractor will generate, and deliver to the City, CalRecycle, or any agency with jurisdiction, reports pertaining to the recycling and diversion of solid waste relating to City Waste processed at Contractor Facilities. If a given Contractor Facility reaches capacity to accept City Waste, Contractor will designate an acceptable Contractor Facility for use.

4. City Obligations. City shall engage in good faith efforts to deliver or cause to be delivered all City Waste to Contractor Facilities to the extent permissible under applicable law. City will provide reasonable assurances and take reasonable actions as may be reasonably requested by Contractor in order to give full effect to this provision. Without limiting the foregoing, (i) City may develop incentives, programs, policies, or other actions within the City and/or at Contractor Facilities to facilitate the delivery of City Waste at Contractor Facilities; (ii) to the extent permissible by law, City agrees to include a provision in any future franchise, license, permit, or contract authorizing the collection of City Waste, that all City Waste be delivered to Contractor Facilities; and (iii) City shall engage in good faith efforts to enforce the West Covina Municipal Code to prevent illegal hauling.
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5. Performance Standards.
a. Operating Hours. Contractor is required to accept City Waste that is delivered Monday through Saturday between the normal business hours of 6 a.m. and 8 p.m., or as may be adjusted by Contractor.
b. Tracking; Scales and Weighing. Contractor shall operate and maintain permanent scales at the Contractor Facilities in compliance with applicable law. Contractor shall weigh all vehicles delivering City Waste upon initial delivery. Gross, tare and net weights will be recorded, along with vehicle number, date and time of delivery. Contractor shall maintain all such reports for three (3) years. Contractor shall cause the scales to be calibrated and tested in accordance with applicable law. In the event that the scales are temporarily unavailable, the Contractor shall estimate the amount of City Waste based on historical records. c. Permits. Contractor shall obtain and maintain, at Contractor’s sole cost, all permits required under applicable law to perform the services required of Contractor hereunder.

Contractor shall provide City copies of permits for the Contractor Facilities upon reasonable request.

Contractor will comply with all permits, including any mitigation measures related to the operation and maintenance of the Contractor; notwithstanding, Contractor is solely responsible for paying any fines or penalties imposed for noncompliance with or violation of permits or failure to obtain permits. d. Excluded Waste. Contractor shall not be obligated to accept Excluded Waste. “Excluded Waste” means any City Waste determined by Contractor to be (i) defined, regulated or listed as “hazardous,” “toxic,” a “pollutant,” “biomedical,” “infectious,” “volatile,” or words of similar import under any applicable laws, (ii) “designated waste” as defined in California Water Code Section 13173; (iii) “medical waste” as defined under the California Medical Waste Management Act; (iv) materials that would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or the City to potential liability; or (v) prohibited from being received or processed at Contractor Facilities under applicable permits or applicable law. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over Excluded Waste, Excluded Waste shall be construed to have the broader, more encompassing definition. e. Contaminated Waste. Contractor shall not be obligated to accept Contaminated Waste. The presence of Contaminated Waste shall be determined by Contractor’s visual or digital inspection. “Contaminated Waste” means loads with Recyclable Materials or Organic Waste commingled with City Waste other than Recyclable Materials or Organic Waste, respectively; loads with Organic Waste commingled with non-organic City Waste; or upon notice to City, any loads that Contractor deems contaminated in accordance with industry standards, applicable law, or prevailing market conditions.
f. Unavailability. During the Term, Contractor shall make Contractor Facilities available for City Waste except to the extent Contractor Facilities are unavailable. A Contractor Facility will be deemed “unavailable” if, prior to the delivery of City Waste, Contractor advises the City by telephone and email or facsimile of any situation, event, or circumstance not within Contractor’s control which results in the partial or complete inability of the Contractor to -5-
receive City Waste at the subject Contractor Facility. Contractor shall use its best efforts to resume normal operation of the Contractor Facility as soon as possible. g. Policies and Procedures. Contractor reserves the right to request that any party agree in writing to comply with all Contractor policies and procedures, as such may be added or amended from time to time, relating to use of Contractor Facilities as a condition to access Contractor Facilities, including but not limited to hours of operation, recordation of gross, tare and net weights, disposition of Unacceptable Waste as defined herein, site and vehicle safety, and compliance with applicable law.

6. Right to Inspect City Waste; Unacceptable Waste. Contractor shall have the right to inspect vehicles delivering material to any Contractor Facility and may require that the hauler remove any Excluded Waste or Contaminated Waste (collectively, “Unacceptable Waste”) from any such vehicle before it is unloaded. Contractor may reject the entire load carried by the vehicle, and Contractor shall require that the hauler immediately remove or cause the removal of the entire delivery from the Contractor Facility if Contractor determines that (i) it is impractical to separate City Waste from Unacceptable Waste in any vehicle, or if the hauler is unwilling to make such separation, or (ii) if any vehicle is carrying waste which may spill or leak. Under no circumstances shall Contractor be obligated to permit the discharge of loads with Unacceptable Waste in whole or part.

7. Termination.
a. Termination for Substantial Failure to Fulfill Obligations. This Agreement may be terminated in writing by either Party in the event of a substantial failure by the other Party to fulfill its obligations under this Agreement through no fault of the terminating Party, provided that no termination may be effected unless the other Party is given (i) not less than sixty (60) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate, including a description of the substantial failure, and (ii) an opportunity for consultation with the terminating Party prior to termination. The opportunity for consultation will include an opportunity to cure the events leading to any substantial failure within thirty (30) calendar days of the terminating Party’s written notice. If additional time is needed to effectuate a cure, such time may be requested in writing from the terminating Party subject to the terminating Party’s approval, which will not be unreasonably withheld. b. Termination Without Cause. Notwithstanding any provision in this Agreement to the contrary, Contractor may terminate this Agreement in writing without cause effective immediately (i) upon City issuing any notice of termination as specified in Section 3.1(B) of that certain “Amended and Restated Agreement for the Collection of Solid Waste, Recyclables, Yard Waste and Other Compostables,” dated June 2, 1999, as amended (“Franchise Agreement”) or (ii) in the event the Franchise Agreement is otherwise deemed null, void, and/or of no force or effect in whole or part by a court of competent jurisdiction. Upon such termination, City shall refund to Contractor the unused portion of the most recent Sustainability Payment within thirty (30) days of issuance of Contractor’s notice of termination. The refund shall be calculated on a daily pro-rata basis, using the following formula: Refund Amount = Annual Sustainability Payment × (Number of calendar days remaining in the contract year ÷ 365). For the avoidance of -6-
doubt, the period for calculation shall begin on the effective date of termination and end on December 31 of the same calendar year.
c. Remedies Not Exclusive. The rights and remedies of either Party provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

8. Meet and Confer. Once each year of the Term, upon the written request of either Party, the Parties shall meet once to discuss this Agreement, including but not limited to: (i) adjustments or modifications of the Term of the Agreement as defined in Section 1; (ii) adjustments or modifications to the Sustainability Payment as defined in Section 2 of this Agreement; (iii) diversion and processing of City Waste; and (iv) the City’s performance of its obligations set forth in Section 4 of this Agreement. In addition to the foregoing, should City desire that the one-year renewal and extension specified in Section 1 be terminated, City may request (and Contractor shall participate in) a supplemental meet and confer session to discuss the same.

For the avoidance of doubt, any modifications to this Agreement arising from meet and confer sessions between the Parties must be made in accordance with Section 12.

9. Disputes. If any dispute, controversy, or claim arises out of or relates to the enforcement or interpretation of this Agreement, or any part thereof, the Parties agree to submit the dispute, controversy, or claim to binding arbitration. Such arbitration shall be conducted by a single arbitrator. If, within twenty (20) days from the receipt of a request to arbitrate (or such longer period mutually agreed to by the Parties), the Parties are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under this provision. Each Party shall bear its own costs and expenses of any arbitration. Each Party shall pay one-half of the costs of the arbitrator.

10. Assignment. Neither this Agreement nor any of the rights or obligations of the Contractor hereunder may be transferred or assigned by Contractor without the prior written consent of the City Manager, which may not be unreasonably withheld. Notwithstanding the foregoing, a transfer or assignment to a family member or an affiliate of Contractor may be undertaken upon notice to the City Manager, but without the requirement for its approval. For the purposes of this provision, (i) “family member” means any parents, grandparents, siblings, children, and grandchildren of individuals having a shareholder or other equity interest in Contractor; and (ii) “affiliate” means any person or legal entity that, directly or indirectly, controls, is controlled by, or is under common control with Contractor.

11. Force Majeure. In the event that performance on the part of any Party hereto is affected as a result of circumstances beyond the reasonable control and without the fault and negligence of said Party, any non-performance arising therefrom shall be excused. Circumstances deemed to be beyond the control of the Parties hereunder include but are not limited to acts of God or of the public enemy; insurrection; acts of the federal government or any unit of state or local government in either sovereign or contractual capacity; fires; floods; earthquakes; epidemics; quarantine restrictions; strikes; and freight embargoes or delays in transportation to the extent that they are not caused by the Party’s willful or negligent acts or omissions and to the extent that they are beyond the Party’s reasonable control.
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12. Amendments. Amendments, changes, or modifications in the terms of this Agreement may be made at any time by mutual written agreements between the Parties hereto and shall be signed by the persons authorized to bind the Parties thereto.

13. Applicable Law. This Agreement is governed by, and construed and enforced in accordance with, the law of the State of California, without giving effect to the state’s principles of conflicts of laws. Nothing in this Agreement shall be construed as obligating Contractor to perform services in furtherance of City’s compliance with laws and regulations arising from changes in law prior to City and Contractor having agreed to any adjustment in services or fees that may be appropriate for such changes in law.

14. Jurisdiction; Venue. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

15. Headings. Any headings preceding the text of the articles, sections, and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect.

16. Interpretation. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against City or Contractor. Any rule or law that would require interpretation of any term or ambiguity in this Agreement against the party that drafted the applicable provision is waived.

17. Notices. The names and/or titles of the persons who are authorized to give written notices or to receive written notices on behalf of City and on behalf of Contractor under this Agreement shall be as set forth below.

For City: For Contractor:

Title: City Manager Contractor: Athens Services
Address: 1444 W. Garvey Ave. S. Attn. (name): Gary Clifford West Covina, CA 91790 Title: Executive Vice President
Phone: (626) 939-8401 Address: 14048 Valley Blvd
City of Industry, CA 91746
Phone: (626) 336-3636
Each Party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

18. Severability. Should any portion of this Agreement be determined to be void or unenforceable by a court of competent jurisdiction, such shall be severed from the whole and the Agreement will continue as modified. Notwithstanding the foregoing, in the event either Section 3 or 4 of this Agreement is determined to be void or unenforceable, this Agreement shall be deemed terminated and the then-most recently paid Sustainability Payment shall be returned to Contractor on a pro-rata basis starting the date of termination using the formula specified in Section 7(b). -8-

19. Recitals. In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail.

20. Waiver. No action of Contractor or City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by Contractor or City in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers, and remedies. No single or partial exercise of (or failure to exercise) any right, power, or remedy of Contractor or City under this Agreement shall preclude any other or further exercise thereof of any other right, power, or remedy.

21. Further Assurances. At any and all times the Contractor and the City so far as may be authorized by law shall pass, make, do, execute, acknowledge, and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers, and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

22. Relationship of Parties; Independent Contractor. Contractor is an independent contractor of City and nothing in this Agreement shall be deemed to constitute either Party a partner, agent, or legal representative of the other Party or to create any fiduciary relationship between the Parties. The work and labor herein provided for shall be performed and furnished by Contractor as an independent contractor and under the sole supervision, management, direction, and control of Contractor in accordance with the terms and conditions of this Agreement. This Agreement shall not be construed to create a partnership, joint venture, or employment relationship between the Parties.

23. Due Execution. The person(s) executing this Agreement on behalf of the Parties hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) 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) entering into this Agreement does not violate any provision of the West Covina Municipal Code and any other agreement to which said Party is bound.

24. Entire Agreement; Integration. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Agreement.

25. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original.

26. Third Party Beneficiary. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement.

27. Effective Date. This Agreement is hereby deemed effective when all of the following have occurred: (i) approval of the Agreement by the City Council; and (ii) signing and -9-
delivery of this Agreement on behalf of the individual(s)s authorized to bind City and Contractor hereto.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth below.

CITY OF WEST COVINA ARAKELIAN ENTERPRISES
INC. dba ATHENS SERVICES
By: ______________________ By: _____________________
Milan Mrakich Ron Arakelian, III
Acting City Manager Executive Officer
Dated: ______________________ Dated: __________________ ATTEST:

By:_________________________ Dated: ___________________ Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:

By:_________________________ Dated: ___________________ Thomas P. Duarte
City Attorney
AGENDA ITEM NO. 4

COUNCIL MEETINGS
RECOMMENDATION:

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

RESOLUTION NO. 2025-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS FOR REGULAR CITY COUNCIL

MEETINGS
BACKGROUND:

At the December 2, 2025 City Council meeting, Mayor Lopez-Viado requested that the City Council consider moving the order of the City Manager's Report before the Oral Communications section of the agenda.

DISCUSSION:

In response to Mayor Lopez-Viado's request to change the order for the City Manager's Report to take place before the Oral Communications section of the agenda, staff has prepared the attached resolution for consideration by the City Council to make the requested change.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution 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: Monique De La Rosa Deputy City Clerk
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

FISCAL IMPACT:

This is strictly an administrative item. Therefore, there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Resolution No. 2025-103
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Enhance City Image and Effectiveness
ATTACHMENT NO. 1
RESOLUTION NO. 2025-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, CHANGING THE ORDER

OF BUSINESS FOR REGULAR CITY COUNCIL MEETINGS
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, Section 2-37 of the West Covina Municipal Code provides in relevant part that at regular City Council meetings, the business of the Council shall be taken up for consideration and disposition in the order established by the Council; and WHEREAS, the current order of business is as follows:
(a) Invocation
(b) Pledge of Allegiance
(c) Roll Call
(d) Reporting Out from Closed Sessin
(e) Presentations
(f) Oral Communications
(g) City Manager’s Report
(h) Consent Calendar
(i) Departmental Regular Matters
(j) Mayor/Council Reports
(k) City Council Requests for Reports, Studies or Investigation (l) City Council Comments
(m) Adjournment; and
WHEREAS, the City Council desires to adjust the order of business.

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

SECTION 1. The order of business for regular City Council meeting agendas shall be as follows:
(a) Call to Order
(b) Invocation
(c) Pledge of Allegiance
(d) Roll Call
(e) Reporting Out from Closed Sessin
(f) Presentations
(g) City Manager’s Report
(h) Oral Communications
(i) Consent Calendar
(j) Departmental Regular Matters
(k) Mayor/Council Reports
(l) City Council Requests for Reports, Studies or Investigation (m) City Council Comments
(n) Adjournment.

SECTION 2. All prior resolutions or policies which adopted the order of business for regular City Council meetings are hereby repealed.

SECTION 3. 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 16th day of December, 2025.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Monique S. De La Rosa
City Attorney Deputy City Clerk
I, MONIQUE S. DE LA ROSA, DEPUTY CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2025-103 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of December, 2025, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique S. De La Rosa
Deputy City Clerk
AGENDA ITEM NO. 5

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: December 16, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: REVIEW OF REQUEST FOR PROPOSAL FOR THE DEL NORTE PARK IMPROVEMENTS & DOG PARK PROJECT - PROJECT NO. 24001
RECOMMENDATION:

Staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) for the Del Norte Park Improvements & Dog Park Project- Project No. 24001.

BACKGROUND:

On December 17, 2025, Councilmember Gutierrez requested that staff issue a Request for Proposals (RFP) for the Del Norte Park Improvements and Dog Park Improvements and return the item to the City Council for consideration.

On February 24, 2025, City staff issued an RFP for architectural services related to the planned improvements at Del Norte Park and the Dog Park. The objective of the RFP was to obtain construction-ready plans to support the proposed upgrades. The scope of work included several enhancements to the Dog Park, such as expanding the park area and dividing it into three sections to facilitate regular maintenance. Additional improvements included replacing the existing fencing with a new six-foot, predator-resistant fence with coyote rollers; installing secure access gates; new concrete paving; upgraded amenities (including pet waste stations, dual-purpose drinking fountains for dogs and people, benches, trash receptacles, and dog play equipment); and area lighting. Restroom improvements were also included in the scope and consisted of ADA-compliant upgrades, new fixtures (toilets, sinks, and hand dryers), and exterior enhancements such as updated roofing, fascia boards, and roof eaves.

On May 6, 2025, the consideration of an agreement with a designer was brought before the City Council for award of a Professional Services Agreement for design services. At that meeting, the City Council voted to reject all proposals and directed staff to readvertise the project following the adoption of the Parks Master Plan, which was anticipated to be completed in November 2025.

On August 8, 2025, the City’s engineering consultant, Transtech Engineers, Inc., prepared and submitted a grant application on behalf of the City for the Land and Water Conservation Fund (LWCF) in the amount of $650,000. As part of the grant requirements, the City is required to provide a 50 percent match, resulting in a total construction project budget of $1,300,000 if the grant is awarded. The grant award announcement is anticipated in early 2026. Additionally, if federal funds are awarded and utilized, the LWCF requires that outdoor recreation park facilities within the LWCF Boundary Area Map remain accessible to the public and protected for public outdoor recreation purposes.

DISCUSSION:

To ensure the project meets the needs of the community, staff is seeking City Council feedback on the proposed Request for Proposals (RFP) included as Attachment No. 1 – Draft RFP. The Draft RFP is substantially the same as the version previously issued in February 2025, as the Parks Master Plan has not yet been adopted.

The Draft RFP solicits professional design services for the Del Norte Park and Dog Park Improvements Project. The scope of work includes the design of dog park upgrades and renovations, such as expansion of the park area and division into three sections to allow for regular maintenance; replacement of the existing fencing with new six-foot, predator-resistant fencing; new concrete paving; and new equipment and amenities including pet waste receptacles, dual-purpose drinking fountains for dogs and people, benches, trash receptacles, dog play equipment, and area lighting. The scope also includes restroom improvements, such as facility upgrades (toilets, sinks, hand dryers), ADA-compliant improvements, and exterior enhancements.

The RFP specifies that proposals will be evaluated based on the evaluation criteria outlined in the table below.

Proposal Evaluation Criteria Max
Points
Completeness of the SOQs and compliance with the required RFP format.
5 Project understanding, scope and approach to develop the project efficiently.
20 Experience and qualifications of key staff. 20
Similar project experience, including familiarity with State and Federal procedures
20 Effectiveness of Project Schedule showing how the proposer will be able to complete the design within the required time duration 20 Fees proposed to complete the design within the required duration.
15 Total Points 100
Additionally, the RFP provides that, at the City’s discretion, in-person interviews may be conducted in accordance with Section 9, Oral Presentations, of the RFP with up to the three highest-scoring proposers based on the evaluation rubric. All interviewed proposers will be asked the same questions, with equal point values assigned to each question. If interviews are conducted, the contract award will be based on the highest combined interview score.

Project Timeline
If approved, the Request for Proposals can be released with a close date in January 2026.

LEGAL REVIEW:

The City Attorney's Office did not review this report or the draft RFP.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

Prepared by: Robert Ortega, CIP Project Manager
Additional Approval: Roxanne E. Lerma, Assistant City Manager Attachments
Attachment No. 1 - Draft RFP
CITY COUNCIL GOALS & OBJECTIVES: A Creative and Active Community A Well-Planned Community
DRAFT
ATTACHMENT NO. 1

ARCHITECTURAL DESIGN SERVICES, DEL NORTE

PARK IMPROVEMENTS & DOG PARK
Approved by: RFP No.

Effective Date

1. GENERAL
The City of West Covina (City) is seeking proposals from qualified vendors to provide Architectural Design Services for the Del Norte Park Improvements & Dog Park.

2. RFP SCHEDULE
• RFP release: To be determined.
• Questions due: To be determined.
• (Questions must be posted on City’s Planet Bids portal) • Responses to questions posted: To be determined.
(Responses will be posted on City’s Planet Bids portal) • Proposals due: To be determined.
• Selection of proposer (tentative date): To be determined. (For contracts awarded by the City Council, City Council agendas are posted on www.westcovina.org on the Wednesday prior to the first and third Tuesdays each month.)

3. PROPOSAL SUBMISSION
Proposals must be for the entire scope of services outlined in this RFP.

Incomplete proposals will not be considered. Proposals will be received electronically (online only) via City of West Covina’s PlanetBids portal at https://www.westcovina.org/departments/finance/finance/bids-rfps.

Proposals must be submitted with the following attachments:

Attachment A: Statement of Non-Collusion by Contractor
Attachment B: Subcontractor Campaign Contribution Acknowledgement Form Attachment C: Sam.gov Verification – Debarment & Suspension Verification Attachment D: Fee Schedule
Attachment F: Certificate of Insurance
Attachment G: W-9
DRAFT
City of West Covina Request for Proposals

Page 2 of 11 ends

Proposals must be submitted no later than X:XX PM on to be determined.

Submissions received after this deadline will be rejected. Submissions by facsimile or electronic mail will not be accepted.

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

4. CONTACT WITH CITY OFFICIALS AND REPRESENTATIVES
The sole City Representative as contact person for all questions and matters regarding this RFP is Jazmin Hernandez, Purchasing Manager. The City Representative can be reached via e-mail at [email protected] or by phone at (626) 939-8705. Proposers that contact any City official or representative other than the designated City Representative as set forth in this RFP may be disqualified with no further consideration given to the proposal submitted.

All questions regarding the specifications in this RFP are required to be addressed via City’s PlanetBids site by the designated date and time. Responses will be posted on the City’s PlanetBids site.

5. BACKGROUND
The City of West Covina is located in the San Gabriel Valley, 20 miles east of downtown Los Angeles and 15 miles north of Orange County. Incorporated as a general law city in 1923, the City operates under the council/manager form of government. The City’s 16 square miles flourished with walnut groves and orange groves for many decades. The City has developed into a commercial and residential community, with a population currently estimated at about 110,200 residents.

Services
The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, and business licensing.

Additionally, water utilities and solid services are provided and billed externally.

The City is financially accountable for the Successor Agency to the former Redevelopment Agency of the City of West Covina, a financing authority, and a housing authority, which are combined within the City’s financial statements.

DRAFT
City of West Covina Request for Proposals

Page 3 of 11 ends

6. SCOPE OF SERVICES
The scope of services to be provided is described in Attachment E of this RFP.

7. CONTRACT PERIOD
It is anticipated that the initial term of the agreement will be for a period of two (2) years, with the option to extend the term for up to one (1) additional years upon mutual written agreement of the City and the selected contractor, contingent upon satisfactory performance of the selected contractor.

8. PROPOSAL FORMAT
The proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements and on providing a complete and clear description of the offer. Proposals that appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity of this RFP may be rejected.

The proposal should contain the sections in the order indicated below. This standardization will facilitate evaluation of the comparative merits of all proposals submitted.

8.1 COVER LETTER
Provide a letter of introduction, approximately one (1) page in length, including the name, address and telephone number of the person(s) to contact who will be authorized to represent the proposer. This letter shall be signed by an officer of the proposer authorized to bind the proposer to all commitments made in the proposal.

8.2 PROJECT SUMMARY SECTION
The Project Summary section should describe your understanding of the City, the work to be done, and the objective to be accomplished referring to specific sections of the scope of services including a proposed timeline to complete the project, if applicable.

8.3 METHODOLOGY SECTION
Provide a detailed description of the approach and methodology to be used to accomplish the scope of services of this RFP to achieve City satisfaction, along with a proposed timeline to complete the project, if applicable.

8.4 FEE SCHEDULE
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The fee schedule should include hourly rates, miscellaneous fees and other anticipated expenses, and total cost of the services.

8.5 EXCLUDED OR SUBCONTRACTED SERVICES
Provide details of any necessary services relating to the proposal/service process which will not be included in your proposal, including those which the proposer expects to be performed by City staff and/or by other contractors or subcontractors. If you intend to subcontract any portion of the work, identify the subcontractor(s) and provide details regarding their qualifications.

8.6 LIST OF SIMILAR SERVICES COMPLETED
Provide a complete listing of all similar services that have been provided within the past three (3) years. Include name of agency or company, project manager/contact, dates services were provided and summary of services provided.

8.7 REFERENCES
The proposer shall submit with his/her/its proposal a list of at least three (3) clients using the same or similar services being proposed, with names, addresses, email addresses and telephone numbers. A survey of references will be made to determine, among other things, the proposer’s success in meeting the needs of the contracting agency in a timely manner.

9. ORAL PRESENTATIONS
An oral presentation by the proposers in final contention for award of an agreement for services may, in City’s discretion, be required as a part of this RFP process.

The purpose of the oral presentation would be twofold: first, to allow the proposer to demonstrate capabilities of the company and to clarify proposer’s responses to the RFP; second, to allow the City staff to meet the proposer’s key personnel who would be assigned to this project. Attendance at such a presentation shall be at the proposer’s expense.

10. TERMS AND CONDITIONS OF RFP

10.1 SIGNED SUBMISSION OF PROPOSALS
Each proposal must be signed in longhand by the person or persons legally authorized to bind the proposer to the proposal and contracts. The name and title of each person signing shall by typed or printed below that person’s signature.

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the officer signing the proposal to execute contracts on behalf of the corporation or other entity.

10.2 LATE SUBMISSION OF PROPOSALS
Any submission of proposals received after the due date and time specified in this RFP will not be considered.

10.3 ACCURACY OF PROPOSALS; WITHDRAWAL OF PROPOSALS
Proposers shall take all responsibility for any errors or omissions in their proposals.

To withdraw a proposal, the proposer must submit a written request to the Purchasing Manager via email at [email protected]. A hard copy of the request must also be mailed to the Purchasing Manager at 1444 W. Garvey Avenue S., Room 308, West Covina, CA 91790. The written request must be signed by the authorized representative of the proposer and must be submitted prior to the deadline for submitting proposals.

Withdrawals will not be permitted after the deadline for submitting proposals.

10.4 ADDENDUM TO THE RFP
Any modifications or changes to this RFP will be made by written addendum.

Addenda will be posted on the City’s PlanetBids page. No verbal modification will be binding on the City.

10.5 PROTEST PROCEDURES
All protests regarding the RFP process must be submitted in writing to the Purchasing Manager within five (5) business days following the opening of the proposals. This includes all protests relating to advertising of the RFP, deadlines, proposal opening, and any protests relating to alleged improprieties or ambiguities in the specifications. This requirement does not apply to protests relating to staff recommendations as to award of a contract. Protests relating to staff recommendations of award of a contract may be directed to the Purchasing Manager within three (3) business days of the posted agenda recommending award by City Council or receipt of notice of intent to award. City may post such notice of intent to award on the City’s PlanetBids portal.

City Council agendas are available for review at least 72 hours before City Council meetings, which are held on the first and third Tuesday of each month, at www.westcovina.org and at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina, during normal business hours.

10.6 DISCLAIMERS AND RESERVATION OF RIGHTS
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This RFP does not commit the City to award a contract. The City reserves, in its sole discretion, the right to reject any and all proposals, the right to cancel or postpone the RFP or project in whole or in part at any time, the right to negotiate with any qualified proposer and the right to decline to award the agreement to any of the proposers. The City reserves the right to waive any immaterial irregularities in a proposal or a submission of a proposal.

10.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS All proposals submitted in response to this RFP shall become the exclusive property of the City of West Covina and will be a matter of public record. Proposers must identify, in writing, the elements of the proposal which proposer defines as business or trade secrets that are exempt from disclosure under the California Public Records Act (California Government Code Section 7920.000 et seq.) and plainly mark such items as “Trade Secret”, “Confidential”, or “Proprietary”.

Any proposer claiming such an exemption must identify the specific provision of the California Public Records Act that provides an exemption from disclosure for each item that the proposer claims is not subject to disclosure under said Act. Any proposer claiming such an exemption must also state in its proposal that the proposer agrees to defend, indemnify and hold harmless the City and its officers, employees, agents and volunteers from any action brought against the City for its refusal to disclose such material, trade secrets and other proprietary information to any party making a request therefor. Any proposer who fails to include such a statement shall be deemed to have waived any right to an exemption from disclosure as provided by said Act. Any exemption request must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.

If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Notwithstanding the foregoing, all proposals submitted may be kept confidential until a contract is awarded.

10.8 PROPOSAL VALIDITY PERIOD
Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.

10.9 PRESS RELEASES

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The selected contractor shall not issue any news or press releases relating to an award of contract resulting from this RFP or issue any advertising copy mentioning the City or quoting the opinion of any City official, officer or employee without prior written approval from the City Manager.

10.10 EVALUATION AND SELECTION PROCESS
In accordance with Section 2-334 of the West Covina Municipal Code, the City will award the contract to the lowest responsible bidder, as defined Section 2-327 of the West Covina Municipal Code. Price will be considered along with other factors, including, but not limited to, the ability, capacity and skill of the bidder to provide the services, whether the bidder can provide the services within the time specified, the bidder’s record of performance on previous orders or contracts for the City or other public entities, and the quality, availability and adaptability of the bidder’s services.

Proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:
qualifications and experience as provided in a resume or statement of qualifications; ability to effectively communicate and conduct presentations; cost of services; reference checks. All proposers should identify or affirm each of the following requirements:
(a) Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP. (b) Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.
(c) Have the administrative and fiscal capability to provide and manage the proposed services.

Proposals will be ranked according to the following criteria:

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Criteria Maximum
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design within the required time duration. 10 Fees proposed to complete the design within the required time duration. 5
Total Points 100
At the City’s discretion, in-person interviews may be conducted in accordance with Section 9, Oral Presentations, with up to the three highest-scoring proposers based on the evaluation rubric. All interviewed proposers will be asked the same questions, with equal point values assigned to each question. If interviews are conducted, the contract award will be based on the highest combined interview score.

10.11 CAMPAIGN CONTRIBUTIONS
(a) Prohibited Contributions.

Pursuant to Section 2-404.1(a) of the West Covina Municipal Code:

No person who is an applicant or proposer to be a party to a city contract, or who is a party to a city contract, as defined in section 2-403, other affected party, or related persons, shall make a contribution to an individual holding city elective office where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts or agreements having a value of thirty thousand dollars ($30,000.00) or more.

Further, pursuant to Section 2-404.1(c) of the West Covina Municipal Code:

No person acting as a subcontractor under a subcontract through a city contract, as defined in section 2-403, or related persons, shall make a contribution to a council member where an individual subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such individual subcontracts with DRAFT
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the same subcontractor, for the same or different projects with the aggregate value of fifteen thousand dollars ($15,000.00) or more. (b) Subcontractor Acknowledgement Form.

If a subcontractor is utilized for any part of the proposal, then a completed Subcontractor Campaign Contributions Acknowledgement Form is required to be returned with proposal.

10.12 CONFLICT OF INTEREST
City of West Covina employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any proposer. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities, including, but not limited to, the City’s Conflict of Interest and Ethics Policy.

Proposers shall not offer, give or agree to give any City employee any gratuity or anything of value whatsoever in connection with this RFP. The offer or attempt to give any such gratuity or anything of value to any City employee will be cause for disqualification from participation in this RFP.

10.13 PERMITS AND LICENSES
The selected contractor and all of his/her/its employees or agents shall secure and maintain in force such licenses and permits as are required by law.

10.14 PRE-CONTRACTUAL EXPENSES
The City shall not be liable for any expenses incurred by potential contractors relating to the preparation or submission of proposals. Pre-contractual expenses shall not be included in a proposer’s fee schedule. Pre-contractual expenses include, but are not limited to, expenses incurred by a proposer in:
• Preparing a proposal in response to this RFP;
• Submitting a proposal to the City;
• Oral presentations required by the City;
• Negotiating with the City in any manner related to the proposal submitted;
• Any other expenses incurred by the proposer prior to the execution of a contract with the City, if any.

10.15 AGREEMENT TO CONDITIONS
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The selected proposer will be required to execute an agreement for services. A sample of the agreement is included as Attachment H to this RFP. The sample agreement may be modified by the City prior to award of a contract.

Submission of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the proposer includes with its proposal, in writing, any conditions or exceptions requested by the proposer to the sample agreement. The terms of the sample agreement, including insurance and indemnification requirements, are standard City requirements and will be modified only if extraordinary circumstances exist.

10.16 PIGGYBACKING OPTION
The City would like to make the same pricing structures available to other government agencies. Proposers shall indicate in their proposal whether they agree to extend pricing to other agencies and for what length of time. Inclusion is not mandatory and will have no bearing on the contract award.

10.17 EXAMINATION OF LOCATIONS AND SPECIFICATIONS
Proposers are expected to carefully examine the locations of the proposed services and the specifications set forth in this RFP and all attachments hereto. By submitting a proposal, the proposer declares he/she/it has carefully reviewed the locations of the proposed services and all specifications and requirements set forth in this RFP, and that proposer will furnish all labor, materials, machinery, tools and equipment required to perform the services in accordance with the requirements of this RFP.

10.18 DEBARMENT AND SUSPENSION
Proposers may not be debarred or suspended or otherwise listed on the Excluded Parties List System (EPLS) in the General Services Administration System for Award Management (SAM). Proposers must include verification that the company as well as the company’s principals are not listed (are not debarred, suspended or otherwise ineligible) through the General Services Administration System for Award Management (sam.gov). Proposers must also enclose a printout of the search results that includes the record date.

11. INSURANCE
Insurance requirements are set forth in the sample agreement (Attachment H).

12. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS:

Pursuant to California Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the DRAFT
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requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to California Labor Code section 1725.5.

13. PREVAILING WAGES
The services to be provided pursuant to this RFP are subject to prevailing wage requirements. Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all workers employed to provide services pursuant to the agreement awarded following this RFP shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with the Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases.

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ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR
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NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _____________________ of _____________________________, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________________[city, state].

Firm _______________________________________
______________________________________
(Signature)
______________________________________
(Print Name & Title)

Street _______________________________________
City_______________________ State_____ Zip ___________

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ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
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SUBCONTRACTOR CAMPAIGN CONTRIBUTION

ACKNOWLEDGMENT FORM
Proposer [or Consultant] is required to identify any known subcontractor who will provide goods or services with an anticipated or actual value of $15,000 or more in connection with any contract which may be awarded pursuant to this Request for Proposal if the proposed contract with the Proposer [or Consultant] has an anticipated or actual value of $30,000 or more.

By my signature below, I certify that as a subcontractor I reviewed and am in compliance with West Covina Municipal Code section 2-405.1(c), in reference to campaign contributions to any individual holding City elective office, and that I will comply with Section 2-405.1(c) at all times while providing services as a subcontractor.

CONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: __________________________________

Date: _________________________________
SUBCONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: _________________________________

Date: _________________________________

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ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
How to Search Exclusion Information
• Select “Search” from the header menu from any page on SAM.gov • In the filters, under “Select Domain,” select “Entity Information, then select “Exclusions.”
• Use the filters or keyword box to enter search criteria and see your results • See sample on next page
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SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
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ATTACHMENT D

FEE SCHEDULE
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ATTACHMENT E

SCOPE OF SERVICES
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SCOPE OF SERVICES
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The proposed project involves providing Architectural Design Engineering Services for the Del Norte Park Improvements & Dog Park. Description includes dog park improvements (Figure B) including expanding the area and separating into 3 sections to allow for regular maintenance, replace existing fence with new predator resistant 6’ fencing including coyote rollers, new security gates, new concrete paving, new equipment and facilities such as pet receptacle waste station, dog/people drinking fountains, benches, trash receptacles, dog play equipment, and area lighting; restroom improvements (Figure C) including upgrading the facilities (toilets, sinks, hand dryers etc), ADA improvements, new exterior materials such as roof, fascia boards, roof eaves, etc...

The City’s total budget for the project including construction (hard cost) and soft cost is approximately $1.2m.

The existing Del Norte Park is located at 1500 W. Rowland Avenue, at the southwest corner of Sunset Avenue and Rowland Avenue. See Figure A below.

Figure A – Del Norte Park, 1500 W. Rowland Ave
Restroom
Dog Park
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Figure B – Del Norte Park Existing Dog Park
Figure C – Del Norte Park Existing Restroom

14. SCOPE OF SERVICE:

The primary objective of the project is to have the selected engineering consultant to provide a complete PS&E (plans, specifications and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined in this RFP and attached documents.

The scope of work generally includes:

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process. b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered.

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c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates, and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

Task 2. Utility Coordination
a. The Consultant shall ensure the final design is compatible with all utilities within the project area whether they are protected in place, removed, installed, relocated, adjusted, or otherwise modified. This includes contacting each affected agency should be incorporated into the construction schedule, if necessary. b. Coordinate with the affected utility companies within the project limits, and any applicable agencies, as necessary, and notify the utility company/agency of the project. Maintain a utility contact matrix documenting contacts, coordination, etc. with utility companies.
c. Perform all necessary research to establish the precise location of all utilities. All utilities (including overhead) must be identified and shown on the plans. d. The preliminary and finals plans are to be sent to all affected utility companies.

Task 3. Preliminary Engineering
a. Environmental. The project is assumed to be a categorical exemption. b. Right-of-Way. All work is assumed to be within existing public ROW. The design consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the consultant shall show them on the plans.

The City will obtain TCE’s from adjacent property owners. c. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
d. Conduct necessary field surveys to assess existing conditions of the project area, including the above mentioned structures, areas and facilities to assess existing conditions and identify any necessary upgrades.
e. Develop preliminary design.

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f. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
g. Prepare Technical specifications.

Task 4. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”). e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Task 5. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda at the direction of the City (assume 2). c. Attend the pre-construction meeting, job walk, and job-site meetings over the course of the construction schedule (assume 12 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications forwarded to the Consultant by the City. This task also includes conferring with the City’s Construction Manager regarding the RFIs as appropriate. e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings forwarded to the Consultant by the City or the Construction Manager.

Task 6. Prepare Record Drawings (As-Builts)
a. Within 20 days following the completion and acceptance of the project, furnish the City with a complete set of revised original drawings showing as-built conditions. The as- DRAFT
built plans shall be prepared based on as-built information provided by the City’s Construction Manager and the Contractor.

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ATTACHMENT F

CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT H, SECTION 5, INSURANCE)
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CERTIFICATE OF INSURANCE
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ATTACHMENT G
W-9
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ATTACHMENT H

SAMPLE AGREEMENT
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024

CITY OF WEST COVINA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________
FOR
___________________________
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of ____________, 2025 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and _________ a [(state) (entity information)] (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to _________________, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and 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.

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 the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

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 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 the 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 Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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 personnel 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. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

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, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, 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. Consultant shall be paid in accordance with the fee schedule set Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

2.2. 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. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant’s standard hourly rates shall be paid to the Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. 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.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “C,” attached hereto and incorporated herein by this reference. 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 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, 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 satisfactory 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 ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. [Optional language if extensions permitted: Thereafter, this Agreement may be extended for a maximum of [spell out number (#) ] 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 Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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.

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.

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;
(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 reasonable costs incurred and professional services satisfactorily 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.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit for each accident.
(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.

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) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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 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 Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of __________________, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. 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:
_________________
_________________
_________________
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: _________________ Tel: _________________
Email: _________________
Attn: ________________
Email: _________________
Attn: _______________

6.5. 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.

6.6. 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 Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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.

6.7. 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.

If the contract is with not with “design professionals” (i.e. architects and engineers) as defined by Civil Code § 2782.8, the following indemnification provision should be used:

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City’s choosing, indemnify, hold free and 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 the performance of the Consultant, 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 Consultant, 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 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 the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, 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. 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.

If the contract is to hire “design professionals” (i.e. architects and engineers), under Civil Code § 2782.8, a city can only require indemnity for the professional’s negligence, recklessness or willful misconduct. Therefore, for contracts with design professionals, the following section 6.8 should be used instead of the above section 6.8:

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City’s choosing, indemnify, hold free and 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 Consultant, its employees, and/or authorized subcontractors, 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 Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
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.

6.9. 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 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.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. 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.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable 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 reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.14. 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 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.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, 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, agent, or subconsultant. 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 and/or its subconsultants 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.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. 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.

6.18. 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.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024

6.19. 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.

6.20. 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.

6.21. 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.

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

6.23. 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.

6.24. 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.

6.25. 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 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.

6.26. 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.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024

6.27. 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.]
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.

Form Revised October 2024
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: __________________________ [Name]
[Mayor or City Manager]

CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Monique De La Rosa
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director
AGENDA ITEM NO. 6

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: December 16, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF CONSTRUCTION AGREEMENT AND BUDGET AMENDMENT FOR SOUTHSIDE SEWER REPLACEMENT - PROJECT NO. C24005
RECOMMENDATION:

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

1. Authorize the Acting City Manager to execute an agreement with We R Builders for $2,921,000.00, in such final form as approved by the City Attorney.

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

3. Authorize the City Manager to negotiate and execute any amendments and/or change orders to the agreement within the approved contingency amount.

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

5. 6. Adopt the following resolution:

RESOLUTION NO. 2025-100 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (SOUTHSIDE SEWER

REPLACEMENT)
BACKGROUND:

Routine sewer system maintenance is essential to ensure the reliable and efficient operation of the City’s wastewater infrastructure. Regular inspections, cleaning, and repairs help prevent leaks, backups, and overflows that may threaten public health or the environment.

In 2017, the City in collaboration with Willdan Engineering, prepared a Sewer System Management Plan (SSMP). The SSMP establishes goals and procedures for the management, operation, maintenance, repair, replacement, and expansion of the City’s sewer system.

Appendix “P” of the SSMP identifies the Capital Improvement Program (CIP) and outlines annual sewer system projects. Among these improvements is the replacement of sewer pipeline segments near Shadow Oak Drive to increase capacity and accommodate future flows.

DISCUSSION:

In alignment with the SSMP, staff prepared construction plans for sewer line replacements on the south side of the City near Giano Middle School and the Shadow Oak Drive neighborhoods. Rather than using traditional open-trench methods, which require significant roadway excavation, staff recommends utilizing pipe-bursting technology for the proposed improvements. This method is less disruptive to residents and reduces the need for extensive traffic control, roadway cuts, and other impacts associated with conventional trenching.

Pipe bursting involves temporarily bypassing the existing sewer line while a specialized machine fractures the existing pipe and simultaneously installs a new, larger-diameter pipe capable of meeting increased capacity needs. For sewer segments not requiring upsizing, the project also includes cured-in-place pipe (CIPP) lining to rehabilitate the existing infrastructure and extend its service life. On November 4, 2025, staff advertised the construction bid package. The City received six (6) bids, which were publicly opened on November 19, 2025, at 2:00 PM.

Contractor Name Total Bid Amount
We R Builders $2,921,000.00
Mehta Mechanical Company, Inc. $2,982,700.00
MNR Construction, Inc. $3,177,750.00
Mike Prlich and Sons, Inc. $3,251,260.00
Romona, Inc. $3,487,200.00
GRBCON, Inc. $3,699,588.00
Staff conducted a comprehensive bid analysis, which included verification of references, contractor licensing through the California Contractors State License Board, Department of Industrial Relations registration, and State and Federal debarment status for the apparent lowest bidder, We R Builders. Staff confirmed that the bidder met all requirements, and no issues were found.The proposal submitted by We R Builders had a few minor irregularities, including listing the incorrect date of the addendum on the Addenda Acknowledgment, not filling in the percent of work to be completed by subcontractors on the Sub-Contractor List, and not using the City's form to list their references. Staff reviewed the irregularities and found them to be minor as they do not change the unit prices bid, quantity, quality, or performance obligations, and did not provide an unfair advantage over the other bidders. As such, staff is recommending that the City Council waive these minor irregularities in the bid documents and award the contract to We R Builders.

Lowest Responsive Bid
The lowest responsive and responsible bid was submitted by We R Builders in the amount of $2,921,000.00. Following Council’s approval, the City will enter into an agreement with We R Builders in such final form as approved by the City Attorney. A draft agreement is included as Attachment 1.

Project Timeline
If approved, the project is anticipated to commence in Spring 2026 with an estimated completion time of four months.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form and will approve the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide an alternative direction.

ENVIRONMENTAL REVIEW:

The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302:

Replacement or reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including, replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.

The project includes sewer line replacements on the south side of the City near Giano Middle School and the Shadow Oak Drive neighborhoods involving a negligible expansion of capacity. Therefore, the project is categorically exempt from CEQA.

Prepared by: Robert Ortega, CIP Project Manager
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

Project Estimate
The following is the breakdown of the project cost:

Construction Cost $2,921,000.00
Contingency Allowance (15%) $438,150.00
Total Construction Budget $3,359,150.00
Project Management and Administration $10,000.00
Construction Management, Inspection, and Material
Testing/Inspection
$268,732
Newspaper Advertisement, Misc. Expenses $1,488.78
Total Project Budget $3,639,370.78
The project estimate came in over the initial budget. However, there is additional funding under the Sewer Maintenance Fund, Fund 189, that may be utilized for the project. Fund 189 provides funding annually for sewer maintenance projects through an assessment on properties throughout the city. The proposed budget amendment appropriates the additional funding under Fund 189, Sewer Maintenance Fund. The table below outlines the funding for this project.

Project No. Project
Name
Funding
Source
FY2024-25
Rollover
Budget
Proposed
Amendment
189.503.80.87.00.00.73.73000 Southside
Sewer
Replacement
Fund 189
Sewer
Maintenance
$2,386,199 $0
Sewer Fund
Reserve
Fund 189
Sewer
Maintenance
$0 $1,253,171.78
Total Project
Funding
$3,639,370.78
Attachments
Attachment No. 1 - Draft Agreement
Attachment No. 2 - Resolution No. 2025-100
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
An Accessible Community
1 Rev. 02-2025

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. C24005

SOUTHSIDE SEWER REPLACEMENT
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of December 16, 2025 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and WE R BUILDERS, a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the Southside Sewer Installation Project, Project No. C24005 (“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, 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”), released November 4, 2025, incorporated by this reference as if fully set forth herein; (c) Addendum No. 1 to the Bid Documents, dated November 13, 2025, ATTACHMENT NO. 1
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incorporated by this reference as if fully set forth herein; (d) Contractor’s Proposal, attached hereto as Exhibit A and incorporated herein; (e) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (f) Bonds, attached hereto as Exhibit C and incorporated herein; (g) 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 (h) 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 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 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. 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 Project No. C24005
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comply with the provisions of this Agreement.

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 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 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 California 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 California Labor Code regarding eight (8)-hour workday 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 California 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 California Labor Code. (d) Apprentices. Contractor shall comply with the provisions of California Labor Code Project No. C24005
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Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with California Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to California 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 California 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 California Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractorshall comply with the provisions of California Labor Code Sections 1771 and 1725.5 requiring registration with the DIR.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Two Million Nine Hundred Twenty-One Thousand Dollars and Zero Cents ($2,921,000.00) (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 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 California Public Contract Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold Project No. C24005
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shall not affect Contractor’s obligations hereunder. To the extent consistent with California 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 California 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 not commence work until Contractor receives a notice to proceed from the City. Contractor shall complete the work within seventy-five (75) working days from the commencement date specified in the notice to proceed. Prior to the commencement of work, 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 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 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 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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Nezar Alsmadi, President, Secretary & Treasurer
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, Project No. C24005
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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 the City Manager or City Engineer of City. Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. Contractorshall 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 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 Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum.

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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 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 California 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 California 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.

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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) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; (ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.

If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. (d) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. 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 Project No. C24005
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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, Contractor certifies as follows:

Contractor 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 Contractor to comply with this section. (e) 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.

If 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 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 Contractor pursuant to its contract with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

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(c) Primary Coverage: 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: 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 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 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 Project No. C24005
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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 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 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 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 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 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 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 Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the Project No. C24005
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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 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 Project No. C24005
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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 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.

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9.3 Termination for Default of Contractor. If termination is due to the failure of 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 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 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, Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, 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 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.

9.5 “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 California 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.

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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 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

10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. 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 Project No. C24005
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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: We R Builders
3746 Foothill Blvd. #304
Glendale, CA 91214
Attn: Nezar Alsmadi

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.

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 California 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 California Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment Project No. C24005
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becomes effective when the City renders final payment to 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. 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. 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 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.]
Project No. 25022
18 Rev. 02-2025
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: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Nezar Alsmadi
President, Secretary & Treasurer
ATTEST:
__________________________________
Monique S. De La Rosa
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director

EXHIBIT A
CONTRACTOR’S PROPOSAL
We R Builders, Inc.

PROPOSAL SCHEDULE
Project No: 24005
Southside Sewer Replacement

BASE BID SCHEDULE
Bid
Item Description Qty Unit Unit Cost Total Cost
1 Mobilization/Demobilization 1 LS $250,000 $250,000
2 Traffic Control 1 L S $ 10,000 $ 10,000
3 Polution Prevention Plan (PPP) 1 L S $ 10,000 $ 10,000 4 Excavate and Remediate Pits for Sewer Pipe Bursting 1 LS $400,000 $400,000 Reconstruct Manholes and Sewer Lateral Connections 20 E A $12,000 $ 240,000 6 Replace existing 8" VCP sewer line with 12" HDPE pipe via bursting. Reconstruct all manholes and lateral connections.

Refer to specifications
9,100 L F $140 $1,274,000
7 Replace existing 6" VCP sewer line with 8" HDPE via pipe bursting. Reconstruct all manholes and lateral connections.

Refer t o specifications.
2,000 LF $140 $ 280,000
8 Installation of cured-in-place pipe (CIPP) lining - 8-inch diameter Sewer pipe. Contractor shall protect existing
manhole. Refer t o specifications.
420 LF $150 $ 63,000
9 Remove and replace pavement around manhole ring. Adjust manhole ring and cover t o grade. Repair concrete o r asphalt around. Refer to SPPWC detail 200-4.
20 E A $ 3,700 $ 74,000
Video Inspection After Installation CCTV L S $70,000 $70,000 11 Backfill and Compact Insertion Pit or Manholes. L S $250,000 $250,000 TOTAL BASE BID AMOUNT I N NUMBERS $2,921,000 g TOTAL BASE BID AMOUNT IN WORDS:

TWO MILLION NINE HUNDROD TWENTY ONE THOUSAND
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "II. BID DOCUMENTS" BID DOCUMENTS 111-2

Nezar Alsmadi 11/17/2025 1 11/19/2025
Morrow Trenchless, LLC
1001 Avenida Pico Ste C-420
San Clemente, CA, 92673 Pipe Bursting 503-580-4420 1097898 1000983613 $1,315,600.00 Insituform Technologies, LLC 1000009689 Pre- Cleaning and Post Cleaning & CCTV Inspection (Surface locate lateral) (626) 338 - 1434 987784 $50,598.72 12607 Hiddencreek Way,Cerritos, CA 90703 $54,720 Installation of CIPP lining - 8" diameter (562) 413 - 1585 758411 Pipe Tec, Inc. 5109 Elton Street Baldwin Park, CA 91706 1000006547 N/A N/A N/A N/A N/A N/A N/A X
We R Builders, Inc.
1608 Palmyrita Ave
Riverside, CA 92507 N/A (714) 874-5275 ; Cell No.: (714) 423-3844 [email protected] President, Secretary & Treasurer A & B 1055746 07/31/2027 1000884610California 11/19/2025
" See Attached " " See Attached " " See Attached "
We R Builders, Inc.
1608 Palmyrita Ave, Riverside, CA 92507
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM QUA LIFI CAT IO N PO RTFOL IO — S E L E C T I V E W O R K E X P E R I E N C E & R E F E R E N C E S — The following contracts demonstrate We R Builders’ proven performance on high-profile public and private projects. Each example highlights our ability to deliver cost-effective, compliant, and community-focused construction solutions under demanding conditions.

On-Call Citywide ADA Curb Ramp Modifications and Sidewalk Replacement Program Owner: City of Palm Desert, Department of Public Works
Contract Value: $600K Annually | Term: Aug 2024 – Aug 2027 (Plus Two One-Year Extension Options) Contact: David Reyes; (760) 862-6802; [email protected] Scope Of Work:
 Performed ADA curb ramp modifications and sidewalk replacements across Palm Desert, including Desert Willow Golf Resort and Palm Desert Housing Authority properties.
 Reconstructed curb ramps with truncated domes and retrofitting existing surfaces.  Replaced sidewalks (4”, 6”, 8”), curbs/gutters, cross gutters, and drive approaches.  Conducted ramping, patching, and grinding for grade correction and trip hazard removal.  Ensured strict compliance with Cal/OSHA, CARB emissions, and water quality standards.  Awarded based on cost efficiency (20–30% below competitor pricing) and strong past performance.  Delivered rapid on-call response, maintaining minimal disruption to the community.

Citywide Pedestrian Crossing Improvements
Owner: City of Riverside, Department of Public Works
Contract Value: $314K | Completion Date: Mar 2024
Contact: David Hatch; (951) 288-3632; [email protected] Scope Of Work:
 Enhanced pedestrian safety at 14 citywide locations.
 Installed ADA-compliant curb ramps, flashing LED stop signs, and high-visibility crosswalks.  Deployed WATCH manual-compliant traffic control and SWPPP/NPDES measures.  Coordinated utility work to prevent service disruptions.  Completed on time, on budget, with zero safety issues.

Citywide Sidewalk Rehabilitation Project (CIP-CS-24-02) Owner: City of Claremont, Community Services Department Contract Value: $230K | Completion Date: June 2024
Contact: Cari Dillman; (909) 399-5431; [email protected] Scope Of Work:
 Replaced ~10,000 SF of sidewalk, 1,000 LF of split-face rock curb, and 1,000 SF of driveway approaches.  Installed decorative “Elephant Toe” curb per City standard.  Managed traffic/pedestrian control per WATCH manual standards.  Resolved tree root conflicts and performed grading adjustments.  Coordinated closely with City inspectors for ADA and design compliance.  Delivered within budget and schedule in a tight residential environment.

Public Works Concrete Maintenance Project (PW-24-133-SB) Owner: City of Fontana, Department of Public Works
Contract Value: $250K | Completion Date: Dec 2024
Contact: Rob Rigby, Project/Construction Manager; (909) 350-7610; [email protected] Scope Of Work:
 Demolished and replaced 22,600+ SF of 4” PCC sidewalks, plus selective 6” sidewalk and driveway sections.  Executed in compliance with City of Fontana Standards and prevailing wage laws.  Deployed WATCH manual-compliant traffic control and SWPPP/NPDES measures.  Tracked quantities and reporting with City inspection staff.  Delivered safely, within budget, and in full compliance.

We R Builders, Inc.
1608 Palmyrita Ave, Riverside, CA 92507
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM QUA LIFI CAT IO N PO RTFOL IO — S E L E C T I V E W O R K E X P E R I E N C E & R E F E R E N C E S — On-Call Emergency Asphalt and PCC Restorations
Owner: City of Santa Ana, Department of Public Works
Contract Value: $3M (Work Orders) | Completion Date: 2023 (Ext. – 3 Yrs) Contact: Michelle Cabanas; (714) 647-5031; [email protected] Scope Of Work:
 Executed on-call PCC restorations: sidewalks, curbs, gutters, cross gutters, approaches, and ADA ramps.  Deployed WATCH manual-compliant traffic control and SWPPP/NPDES measures.  Provided emergency response with rapid mobilization citywide.  Delivered ADA-compliant, long-lasting repairs with minimal public disruption.

On-Call Related Services
Owner: Eastern Municipal Water District (EMWD)
Contract Value: Work Orders | Completion Date: 2025
Contact: Haely Hernandez; (951) 928-3777 Ext. 6231; [email protected] Scope Of Work:
 Managed diverse concrete and structural repair services under a multi-year on-call contract.  Scope included sidewalks, curbs/gutters, foundations, CMU walls, and fencing repairs.  Bundled multi-location tasks to maximize efficiency and reduce costs.  Maintained strict safety, quality, and compliance oversight.  Successfully delivered flexible, high-quality solutions tailored to EMWD and local jurisdictions standards.

Concrete, Masonry and Drainage Repair/Maintenance Master Agreement Owner: Sierra Corporate Management, Inc.

Contract Value: $1M | Completion Date: Dec 2022
Contact: Edmund Nisbet; (682) 215-9049; [email protected] Scope Of Work:
 Provided maintenance and major concrete/masonry services across Southern California facilities.  Delivered minor/major repairs at residential communities with direct homeowner coordination.  Renovated pool facilities to meet health and safety standards.  Performed ADA upgrades to community areas for accessibility compliance.  Designed and implemented drainage improvements (pumps, piping, catch basins) for slope communities.  Demonstrated capability to execute tailored, high-quality community solutions.

Retaining Wall and Foundation System Replacement
Owner: Hollydale Estates
Contract Value: $350K | Completion Date: Dec 2022
Contact: Edmund Nisbet; (682) 215-9049; [email protected] Scope Of Work:
 Replaced 500+ LF of failing CMU block retaining walls with new foundation systems.  Maintained safety and site security throughout construction.  Ensured full compliance with regulatory and structural standards.  Completed on schedule with zero safety incidents.

Community Pool Renovations and Upgrades
Owner: Solterra at Civic Center
Contract Value: $300k | Completion Date: Dec 2021
Contact: Alex Segal; (949) 910-8031; [email protected] Scope Of Work:
 Renovated multiple community pools, enhancing safety and compliance.  Replaced decks, coping, and plaster for durability and aesthetics.  Installed drainage improvements, and updated pumps, utilities, plumbing, electrical and irrigation systems for compliance.  Installed tiles, handrails, steps, and fencing for enhanced safety. Delivered modern, fully compliant recreational facilities.

G&A Nelos Construction, Inc.
16738 Lakeshore Drive, #H275, Lake Elsinore, CA 92530
714.423.3844 | [email protected]

KEY PERSONNEL
NEZAR ALSMADI | EXECUTIVE • CONSTRUCTION PROJECT MANAGER

C R E D E N T I A L S
• Bachelor of Science in Civil Engineering
• California General Engineering Contractor License (A) • California General Building Contractor License (B)
• OSHA-30 Certification
• Participated in Acquiring the 2013 Project of the Year Award (American Public Works Association, Southern California Chapter South Lawn Storm Water Management System)

R E L E V A N T S K I L L S
• Strategic Planning & Overall Strategic Planning
• Project Management
• Project Estimating
• Budgeting & Cost Controls
• Contractual Management
• Resource Optimization
• Team & Efficiency Development
• Scheduling & Goal Accomplishments
• Establishing New Businesses from Scratch to Successful Outcomes
• Establishing Protocols
• Collaborations Inhouse & 3rd Party(s)
• Public Works Construction Projects
• Commercial Private Construction Projects
• Residential Construction Projects
• Preparing Detailed Bids & Contracts
• Managing Change Order(s)
• Facilitating Construction Operations
• Developing & Applying Jobsite Safety Plans & Policy
• Materials & Equipment Control
• Document Control
• Compliance with Specifications, Submittals & Quality
• Oversite of Onsite & Offsite Operations & Deliverables • Information Governance / Dashboards / Reports
• Clear Communication & Coordination
• Adaptable to Changes or New Circumstances
• Convergent/Critical Thinking to Resolve Issues
• Scheduling Work & Crews
• Coordinating with Clientele & Personnel
• Enforcing OSHA Safety Regulations
• Managing Material & Vendors
• Conducting Weekly Safety Meetings
• Reviewing Blueprints & Directing Crews Accordingly
• Quality Control
• Competent & Consistently Implementing New Innovations • Competent Person

Q U A L I F I C A T I O N S
Experienced management and operational skills with extensive training in the Construction and Contracting Industry. Nezar Alsmadi’s focuses his time to leverage his extensive experience in the industry to drive growth and deliver exceptional results.

As an accomplished Executive with over 15 years of experience in the construction industry, Nezar has a proven track record of leading successful companies to achieve outstanding results. He possesses expertise in strategic planning, project management, financial management, and team leadership.

Throughout Nezar’s career, he has demonstrated a deep understanding of the construction industry and has successfully managed projects ranging from projects with price-scales as little as $5,000, to large-scale developments $20M+. Nezar experience in the industry encompasses of taking impactful part in successfully completing well over $100M in projects values.

Having talent for identifying proficient and effective deliverables has led to new opportunities initiated by referrals from prior Clients due to satisfactory deliverables, allowing expansion of the company portfolios.

As a skilled leader, Nezar has effectively managed cross-functional teams of engineers, architects, contractors, and other stakeholders to ensure successful project deliverables. His unique distinction in fostering a culture of collaboration and teamwork, and implementing processes to streamline operations, optimizing resource allocations, and increasing productivity.

Nezar’s overall experience is comprised in General Engineering & Building Construction, specializing in the underground utility infrastructure, Concrete & Masonry Construction, with substantial exposures to all other areas of construction.

We R Builders, Inc.
3746 Foothill Blvd. #304, Glendale, CA 91214
714.874.5275 | [email protected]

KEY PERSONNEL
NEZAR ALSMADI | EXECUTIVE • CONSTRUCTION PROJECT MANAGER

P R O F E S S I O N A L E X P E R I E N C E
We R Builders, Inc.
3746 Foothill Blvd. #304, Glendale, CA 91214
714.874.5275 | [email protected]

C O N C R E T E / M A S O N R Y R E P A I R & M A I N T E N A N C E AN N U A L M A S T E R AG R E E M E N T Orange County | 2021 & 2022 | $500K
Executive | Project Manager
This annual contract included services to repair, alter and upgrade conditions on an On-Call basis. The work associated to this Agreement incorporated Concrete Driveways, Concrete Drive-Approaches, Concrete Ramps, Concrete Sidewalks, Concrete Curb and Gutters, Concrete Cross-Gutters, C.I.P. Catch Basins, Concrete Pool Decks, C.I.P. & Pre-cast Pool Coping, Free-Standing CMU Block Walls, Retaining Walls (CMU Blocks/Stones/C.I.P.), and more. Through transparency, capabilities of experienced management, professional workmanship, and effectively using resources as needed per each service-call concluded to securing the Contract for additional year extensions, as the exclusive contractor.

O N - C A L L S A N I T A R Y S E W E R R E P A I R P R O J E C T Brea, CA | 2022 | $45K
Executive | Project Manager
One of many on-call service-orders, the value of this project specifically is with regards to Sanitary Sewer Mainline Repairs.

Upon arrival to the site and investigating the complaint initiating the service call – without any available As-Builts, but solely through experience – we were instantly able to narrow down the locations of the possible issue(s) to the existing underground Sanitary Sewer system. Using a nearby clean-out to CCTV the existing sewer-line, approximately 15 min later (on our first attempt), we were able to locate the issue. Saw-cutting the existing asphalt pavement, excavating approximately 4-ft deep, and exposing the existing mainline, we were able to find the tree root penetrating the mainline. We began by installing a passthrough-bypass and using the cleanout to flush and clear the pipe, meanwhile pumping out any excessive waste. After clearing all the waste, prior to making this repair, we plugged the upstream section of the pipeline and CCTV the downstream section; approximately 40-ft from the first damaged section, we encountered another section damaged by roots. Upon retrieving direction from our client, we immediately began digging out the secondary section. Finding the main close to 6-ft deep, our crew set up the shoring system as required per OSHA, then accommodated the repairs. We initiated repairs after confirming no additional damages occurred along that stretch of mainline (up-to the next manhole). Such repairs consisted of cutting sections of the roots (without damaging the health of the tree), installing the sections of pipe in-place of the void/cutout section removed, and re-connected onto the existing main on both ends of the new sections using flex-couplings. After testing and confirming no leaks occurred, we encased the section of mainline with concrete to avoid similar future issues, backfilled and compacted trench-zones, and restored pavement and landscape sections along the work areas.

C R E N S H A W / L A X T R A N S I T C O R R I D O R P R O J E C T LA COUNTY METROPOLITAN TRANSPORTATION AUTHORITY | 2020 | T&M Project Manager
The work consisted of installing a new section of Sanitary Sewer mainline, laterals and manholes at a depth of 18-ft, part of the Metro Rail Transit Extension project, consisting of Transit Corridor Project. The work consisted of effective planning from competent personnel, proper implementation of safety regulations, extensive shoring system, and constructive equipment and personnel. This contract consisted of constructing this work under Time and Material basis, with a Not to Exceed (NTE) limitation.

With collaboration of experienced management skills and competent individuals, essential planning, and effective deliverables, this successful project concluded well under the NTE, saving our clients thousands of dollars.

Experience Summary
Nezar has successfully completed numerous underground wet utility projects for multiple water districts and municipal agencies across Southern California. His experience covers the installation and replacement of domestic waterlines, reclaimed waterlines, sanitary sewer, and storm drain infrastructure, ranging from 6-inch to 60-inch diameter mains.

Specifically related to water systems, Nezar has managed and executed projects involving 12-inch transmission mains, fire flow improvements, and pressure zone upgrades—encompassing pipeline installation, tie-ins, and associated demolition and restoration work for public works agencies.

G&A Nelos Construction, Inc.
16738 Lakeshore Drive, #H275, Lake Elsinore, CA 92530
714.423.3844 | [email protected]

KEY PERSONNEL
NEZAR ALSMADI | EXECUTIVE • CONSTRUCTION PROJECT MANAGER

W A T E R D I S T R I B U T I O N M A S T E R C O N T R A C T COUNTY OF LOS ANGELES | 2020 | CONTRACT VALUE : $5M
Project Manager
Managed construction operations for all water distribution systems associated to the Water Purveyor’s service area within the County of Los Angeles as the Exclusive Contractor for the District.

The services incorporated into this Master Contract consisted of facilitating in creating an efficient system composing of 100+ Line Items; coordinating up-to five inhouse 4-man-crews to accommodate Work Orders; implementing knowledge gained from years of experience in the industry for effective solutions and outcomes; and proficient document-management-control capturing accurate record keeping, accounting and other general project management reporting documentations.

The services provided consisted of furnishing and installing appropriate pipe and appurtenances required for upgrades, replacements, leak repairs, and all new water systems; furthermore, this contract required the Contractor to stay available on an ‘On-Call’ basis – 24 hours a day, seven days a week – to service emergency leaks. The construction aspect of this Agreement encompassed water mains (up-to 24-inch Ø), water services/laterals, meters, valves (cut-ins & line-stop types), fire hydrants, fire services, backflow-preventers, traffic control, trenching/excavating, shoring systems, backfilling, compacting, and pavement/landscape restoration repairs (Porcelain Cement Concrete, Hot-Mix Asphalt, Landscaping, and Striping Repairs). Operations were conducted within the Public and Private ROW, and being performed for the public, developers, or residents.

The duration of the Master Contract’s terms incorporated the maximum allowable contractual term 1-Year plus (+) Two 1- Year add-ons, concluding to a Three-Year term with over One Thousand successfully completed work orders.

O R A N G E C O V E W A T E R I M P R O V E M E N T S P R O J E C T CITY OF ORANGE COVE | 2014 | $2.3M
Project Manager
This project was qualified and approved for 100% funding by the California Department of Public Works. This contract encompassed of upgrading and installing 1,900 new water services and ‘smart’ meters (providing daily electronic readings of the meters).

This contract required working side-by-side with the engineering firm facilitating the design of this project, then establishing a protocol to effectively tackle this project, and implementing such protocols with the crews. In addition to the construction services in this Contract, additional services included coordinating, identifying and recording the size, location, length, reading and type (where applicable) of every water service, meter, backflow preventer, fire hydrant, and fire service throughout the City. To utilize the smart features of the water meters, we had to get the longitude and latitude for each water meter location. Given the ad-hoc nature of some of the residential units within the city, we encountered challenging circumstances that were overcome by proper management and people skills.

This project was concluded to a successful completion, with a tremendous amount of time remaining in the Contract followed by the effective management, supervision, scheduling and implementation of available resources.

C I T Y O F F R E S N O M A I N T E N A N C E & R E P A I R C O N T R A C T City of Fresno | 2013 | T&M
Project Manager
The on-call service calls required a crew to be dispatched onsite within 4-hours of its request. This contract required the Contractors availability 24 hours a day, for 7 days a week.

We R Builders, Inc.
3746 Foothill Blvd. #304, Glendale, CA 91214
714.874.5275 | [email protected]

KEY PERSONNEL
NEZAR ALSMADI | EXECUTIVE • CONSTRUCTION PROJECT MANAGER O R A N G E C O U N T Y GR E A T P A R K – V I S I T O R C E N T E R P A V I L I O N & S O U T H L A W N P R O J E C T City of Irvine | 2013 | $22.8M
Project Engineer | Jr. Project Manager
This project included the construction of a new Visitor Center Pavilion, and expansion of the Great Park’s sports programs and other unique features along the ‘South Lawn’ of the Great Park. The positive economic impact from this project resulted to 15% of the parks footprint at the time, with the South Lawn portion of this project alone generating more than 50 full-time equivalent construction jobs for the Orange County economy.

The Visitor Center Pavilion consisted of a new ground-up 5,000 Sq-Ft unique building that became the Great Park’s first new permanent building. This building included features such as a large lobby, restroom facilities, concession areas, exhibition areas and office spaces.

The South Lawn included features such as four tournament-quality soccer fields (encompassed of synthetic and natural grass) with professional light features, concrete basketball courts, 750-ft walkable historical timeline walkway made up of pavers and thereby connecting the South Lawn to the famous 400-ft high Great Park’s orange balloon, restroom facilities, jogging and exercise trails made of decomposed granite, 400+ landscape tree plantings, six ponds that became the parks firsts water features, and a state-of-the-art storm water collection management system with filtration and store storm water mixed with reclaimed water from Irvine Ranch Water District.

The sophistication of the infrastructure improvements of this development included underground wet and dry utilities, electrical equipment and lighting, drainage improvements, irrigations systems, concrete and masonry construction, asphalt roadways, landscape improvements, and fencing throughout the project. The complexity of this project, in addition to the obstacles of the stringent regulations of the Great Park, this Project created unique challenges that required a distinctive type of experienced management skills to overcome such obstacles. The outcome of this project resulted to acquiring the 2013 Project of the Year Award (American Public Works Association, Southern California Chapter South Lawn Storm Water Management System).

A D D I T I O N A L P R I O R E X P E R I E N C E ( S ) – C A L I F O R N I A | 2 0 1 0 - 2 0 2 3
Along with the projects listed above, Nezar’s experience includes a substantial list of additional Projects relating to the Construction areas indicated under the Qualifications section; some of these projects are – • Caltrans Highway Realignment Project (sub to Granite Construction) – Underground Utility & Concrete Div. | $15.8M • Failing Retaining Wall Replacements | Brea, CA | $150K • Concrete & Masonry Exclusive Contractor | Orange & LA Counties | $450K (in 2022) • Lot Grading & Drainage System Project | Corona, CA | $90K • New ADU Ground-Up Construction | Irvine, CA | $400K
• Downtown LA Rehabilitation Project | Los Angeles, CA | $3.2M • Concrete Roadway Improvement Project | Cypress, CA | $615K • Pool & Balcony Addition Project | Irvine, CA | $500K
• New Free-standing Patio Cover | Newport Beach, CA | $75K • New Free-standing Patio Cover | Laguna Beach, CA | $67K • Two Community Pools Plaster and Decks Replacement Project | Norwalk, CA | $350K We R Builders, Inc.
3746 Foothill Blvd. #304, Glendale, CA 91214
714.874.5275 | [email protected]

KEY PERSONNEL
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM P R O P O S A L We R Builders, Inc.
1608 Palmyrita Ave, Riverside, CA 92507
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM QUA LIFI CAT IO N PO RTFOL IO We R Builders, Inc.
1608 Palmyrita Ave, Riverside, CA 92507
714.874.5275 | [email protected]
CA License #1055746 | DIR #1000884610
WE R BUILDERS, INC. WWW.WRBCONSTRUCTION.COM QUA LIFI CAT IO N PO RTFOL IO — A D D I T I O N A L R E F E R E N C E S —
Hollydale Mobile Home Park
Address: 5700 Carbon Canyon Road, Brea, CA 92823 | Phone: 714-528-7779 Scope Of Work:

Scope involved trench excavation with protective shoring, installation of new water and sewer pipelines, and precision tie-ins to existing mains. Work included bypass pumping to maintain service continuity, bedding and backfill compaction to specification, disinfection and pressure testing, and restoration of disturbed surfaces with concrete and asphalt paving.

Crestmont Estates
Address: 1051 Site Dr, Brea, CA 92821 | Phone: 714-529-4131 Scope Of Work:

Performed reconstruction and elevation adjustments of existing manholes, valve boxes, and frame covers to accommodate new surface grades. Work involved sawcutting and demolition, structural masonry repair, mortar grouting, sealing of penetrations, and compaction of backfill materials. Final steps included resetting cast-iron covers and restoring surrounding asphalt and concrete surfaces.

Lincoln Center Mobile Home Park
Address: 9080 Bloomfield Avenue, Cypress, CA 90630 | Phone: 714-826-6211 Scope Of Work:

Executed urgent utility repair services including broken waterlines, collapsed storm drains, and damaged sewer laterals. Crews mobilized rapidly, secured the work zone, and performed trench excavation, pipe replacement, and tie-ins to restore service. Scope included trench safety systems, bypass pumping, compaction of engineered backfill, and site restoration with asphalt and concrete surfacing.

Thunderbird Mobile Home Park
Address: 13102 Partridge Street, Garden Grove, CA 92843 | Phone: 714-534-3478 Scope Of Work:

Work consisted of installing reinforced concrete storm drain piping, precast catch basins, and manhole structures. The scope also required utility crossings, adjustments to existing inlets, joint sealing, structure grouting, and integration with existing stormwater systems. Final restoration included roadway patching, sidewalk reconstruction, and grading for positive drainage.

Arrowhead Mobile Home Park
Address: 201 East Arrow Highway, Glendora, CA 91740 | Phone: 626-963-2295 Granada Villa Mobile Home Park
Address: 18540 Soledad Canyon Road, Canyon Country, CA 91351 | Phone: 661-252-3515 Rainbow Mobile Home Park
Address: 715 West 220th Street, Torrance, CA 90502 | Phone: 424-271-7626 Rio Vista Mobile Estates
Address: 320 North Park Vista Street, Anaheim, CA 92806 | Phone: 714-630-7704 Fountain Valley Estates
Address: 9320 Talbert Avenue, Fountain Valley, CA 92708 | Phone: 714-962-2112 Corona West Estates
Address: 995 Pomona Road, Corona, CA 92882 | Phone: 951-737-7979 Corona La Linda Mobile Home Park
Address: 777 South Temescal Street, Corona, CA 92879 | Phone: 951-734-1094 Continental Community
Address: 2804 West First Street, Santa Ana, CA 92703 | Phone: 714-543-3464 Glenair Mobile Home Park
Address: 1700 South Glendora Avenue, Glendora, CA 91740 | Phone: 626-963-1015

We R Builders, Inc. 1608 Palmyrita Ave Riverside CA 92507 Nezar Alsmadi President, Secretary & Treasurer 11/19/2025 Riverside 11/19/2025

1608 Palmyrita Ave Riverside, CA 92507 We R Builders, Inc. President, Secretary & Treasurer Attachment
We R Builders, Inc.

DIR Proof of Registration
Morrow Trenchless, LLC
DIR Proof of Registration
Insituform Technologies, LLC
DIR Proof of Registration
Pipe Tec, Inc.

DIR Proof of Registration

EXHIBIT B

CERTIFICATES OF INSURANCE

EXHIBIT C
BONDS
RESOLUTION NO. 2025-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (SOUTHSIDE

SEWER REPLACEMENT)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 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 17, 2025 the City Council adopted a budget for Fiscal Year 2025-26; 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. 2026-12, attached hereto as Exhibit A, for Fiscal Year 2025-26.

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 16th day of December, 2025.

Letty Lopez-Viado
Mayor
ATTACHMENT NO. 2

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Monique S. De La Rosa
City Attorney Deputy City Clerk
I, MONIQUE S. DE LA ROSA, DEPUTY CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2025-100 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of December, 2025, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique S. De La Rosa
Deputy City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-12
Southside Sewer Replacement Budget Increase
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 189-Sewer Maintenance
Revenue 4,689,600 4,689,600
Expenditures 2,626,060 1,253,172 3,879,232
Net Change in Fund Balance 2,063,540 1,253,172 810,368
EXPENDITURE TOTAL INCREASE 1,253,172
AGENDA ITEM NO. 7

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: December 16, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF CONSTRUCTION AGREEMENT FOR CITYWIDE SIDEWALK, CURB & GUTTER REPAIR FY 25-26 - PROJECT NO. 26010/26013 RECOMMENDATION:

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

Award the construction agreement for the Citywide Sidewalk, Curb & Gutter Repair FY 25-26 Project (Project No. 26010/26013) to F.S. Contractors, Inc. as the lowest responsible bidder.

1. Authorize the Acting City Manager to execute an agreement with F.S. Contractors, Inc. for $311,886.00, in such final form as approved by the City Attorney.

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

3. Authorize the City Manager to negotiate and execute any amendments and/or change orders to the agreement within the approved contingency amount.

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

5. BACKGROUND:

The project involves the removal and replacement of deteriorated concrete infrastructure, such as sidewalks, curbs, gutters, and driveway approaches at multiple locations throughout the City where these facilities have been identified as damaged or in need of rehabilitation.

DISCUSSION:

On November 4, 2025, staff advertised a construction bid package. The following twelve (12) bids were received by the City at the Bid Opening held on November 19, 2025, at 1:00 PM.

Contractor Name Total Bid Amount
F.S. Contractors, Inc. $311,886.00
TOWO Enterprise Inc $346,457.00
Carter Enterprise group, Inc. DBA Pavement Rehab Company $348,892.00 Gentry Brothers Inc $350,028.00
CJ Concrete Construction, Inc. $352,629.00
SAVI Construction Inc. $389,988.00
C+H Civilworks $391,970.00
Paveco Construction Inc $403,247.50
Hardy & Harper, Inc. $403,884.00
Aneen Construction Company, Inc. $406,957.00
Dash Construction Company, Inc. $455,277.00
Gentry General Engineering, Inc. $557,763.00
Staff conducted a comprehensive bid analysis, which included verification of references, contractor licensing through the California Contractors State License Board, Department of Industrial Relations registration, and State and Federal debarment status for the apparent lowest bidder, F.S. Contractors, Inc. Staff confirmed that the bidder met all requirements, and no issues were found.

Lowest Responsive Bid
The lowest responsive and responsible bid was submitted by F.S. Contractors, Inc. in the amount of $311,886.00. Following Council’s approval, the City will enter into an agreement with F.S. Contractors, Inc. in such final form as approved by the City Attorney. A draft agreement is included as Attachment 1.

Project Timeline
If approved, the project is anticipated to commence in Spring 2026 with an estimated completion time of two months. The contractor will provide residents with a City-approved flyer notifying them of the construction 48 hours in advance.

LEGAL REVIEW:

The City Attorney's Office will review and approve the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide an alternative direction.

ENVIRONMENTAL REVIEW:

The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302:

The project includes removal and replacement of deteriorated concrete infrastructure throughout the City involving a negligible expansion of capacity. Therefore, the project is categorically exempt from CEQA.

Prepared by: Robert Ortega, CIP Project Manager
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

Construction Cost $311,886.00
Contingency allowance (15%) $46,782.90
Total Construction Budget $358,668.90
Project Management and Administration $10,000.00
Construction Management, Inspection and
Materials Testing/Inspection
$35,866.89
Newspaper Advertisement, Misc. Expenses $1,513.55
Total Project Budget $406,049.34
The funds available for this project are as follows:

Project
No.

Project
Name
Funding
Source
Account No. Amount
C26010 Sidewalk
&
Concrete
Repairs
Fund 128
TDA
128.503.80.85.00.00.72.72000. $400,000.00
C26013 Sidewalk,
Curb &
Gutter
Repairs
Fund 128
TDA
128.503.80.85.00.00.72.72000. $70,000.00
Total $470,000.00
Attachments
Attachment No. 1 - Draft Agreement
Attachment No.2 - Project Map
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Enhance City Image and Effectiveness
An Accessible Community
1 Rev. 02-2025

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. 26010/26013
CITYWIDE SIDEWALK, CURB & GUTTER REPAIR FY 25-26
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of December 16, 2025 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and F.S. CONTRACTORS, INC., a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the Citywide Sidewalk, Curb & Gutter Repair FY 25-26 Project, Project No. 26010/26013 (“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”), released November 4, 2025, incorporated by this reference as if fully set forth herein; (c) Addendum No. 1 to the Bid Documents, dated November 13, 2025, ATTACHMENT NO. 1
Project No. 26010/26013
2 Rev. 02-2025
incorporated by this reference as if fully set forth herein; (d) Contractor’s Proposal, attached hereto as Exhibit A and incorporated herein; (e) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (f) Bonds, attached hereto as Exhibit C and incorporated herein; (g) 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 (h) All exhibits and attachments to the foregoing documents.

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

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 Project No. 26010/26013
3 Rev. 02-2025
comply with the provisions of this Agreement.

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 California 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 California Labor Code. (d) Apprentices. Contractor shall comply with the provisions of California Labor Code Project No. 26010/26013
4 Rev. 02-2025
Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with California Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to California 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 California 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 California Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractorshall comply with the provisions of California Labor Code Sections 1771 and 1725.5 requiring registration with the DIR.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Three Hundred Eleven Thousand Eight Hundred Eighty-Six Dollars and Zero Cents ($311,886.00) (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.

2.3 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 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 California Public Contract Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold Project No. 26010/26013
5 Rev. 02-2025
shall not affect Contractor’s obligations hereunder. To the extent consistent with California 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 California 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 not commence work until Contractor receives a notice to proceed from the City. Contractor shall complete the work within thirty (30) working days from the commencement date specified in the notice to proceed. Prior to the commencement of work, 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 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

Jose Angel Fierros, President
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, Project No. 26010/26013
6 Rev. 02-2025
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.

Project No. 26010/26013
7 Rev. 02-2025
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 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.

Project No. 26010/26013
8 Rev. 02-2025

5.0 INSURANCE

If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. (d) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. 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 Project No. 26010/26013
9 Rev. 02-2025
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, Contractor certifies as follows:

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Project No. 26010/26013
10 Rev. 02-2025
(c) Primary Coverage: 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: 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.

5.7 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 Project No. 26010/26013
11 Rev. 02-2025
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 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

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 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 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 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 Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the Project No. 26010/26013
12 Rev. 02-2025
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 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

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 Project No. 26010/26013
13 Rev. 02-2025
and the estimated increased or decreased cost related thereto.

9.0 ENFORCEMENT OF AGREEMENT; TERMINATION

Project No. 26010/26013
14 Rev. 02-2025

Project No. 26010/26013
15 Rev. 02-2025

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.

10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

10.2 Conflict of Interest. 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 Project No. 26010/26013
16 Rev. 02-2025
expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry.

11.0 MISCELLANEOUS PROVISIONS

To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
To Contractor: F.S. Contractors, Inc.
14838 Bledsoe Street
Sylmar, CA 91342
Attn: Jose Angel Fierros

11.6 Unfair Business Practices Claims. Consistent with California 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 California Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment Project No. 26010/26013
17 Rev. 02-2025
becomes effective when the City renders final payment to Contractor without further acknowledgment by the parties.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Jose Angel Fierros
President
ATTEST:
__________________________________
Monique S. De La Rosa
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director

EXHIBIT A
CONTRACTOR’S PROPOSAL

EXHIBIT B

CERTIFICATES OF INSURANCE

EXHIBIT C
BONDS
ATTACHMENT 2: PROJECT LOCATION MAPLark Ellen Ave
City Boundary
P R O J E C T L O C A T I O N S Amar from Grandview to Valinda (N side of Amar)
Azusa between Vine and Cameron
1616 S Willow Ave
MT Sac (All 4 sides)
1 2
5 419 S Pima Ave
Glendora between Garvey and
West Covina Pkwy
West Covina pkwy between Vincent
Ave and Sunset
4 6
3 7
8 1
8 3
7 5
2 6 4
763 N Sunset Ave
9 1209 W Margarita Ave
9 ATTACHMENT NO.2
AGENDA ITEM NO. 8

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

RESOLUTION NO. 2025-92 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (BA 2026-13) BACKGROUND:

On June 17, 2025, the City Council adopted a budget for the Fiscal Year 2025-26. Amendments must periodically be made to the budget to conform to changed circumstances following the adopting of the budget. Several situations requiring additional appropriations are discussed in the following paragraphs.

DISCUSSION:

At the September 16, 2025 City Council meeting, Council approved Buchalter as special counsel for the City Council investigations. Other services necessary for the investigation includes personnel and forensic investigations. As with investigations, it is difficult to determine the cost for the services. Staff recommends an initial appropriation of $500,000 for investigation services. Funding for these services will be from General Fund reserves. If additional funding is necessary, Staff will bring forth an additional budget amendment for Council’s approval.

The City contracts with Mark43 for a computer-aided dispatch and records management system. Staff thought the agreement with Mark43 was about to expire, but it is valid for two (2) more years. Further, the Police Department utilizes this system to provide computer services to other agencies for a nominal fee, which helps offset the system cost. Staff recommends an appropriation of $301,510 to continue with the computer-aided dispatch and records management system, which is to be funded by the West Covina Police Enterprise Fund reserves.

As of date, there have been several emergency repairs to the City’s aging infrastructure. Due to the nature of the damage and safety concerns, the Acting City Manager authorized emergency repairs, which is permissible under the West Covina Municipal Code Section 20-357(b). Since July 2025, emergency repairs include water leakage at City Hall, sewer line collapsed underneath Fire Station 124 impacting bathroom and shower facilities, unrepairable air conditioning unit in the Police dispatch section, repairs to bathroom and shower facilities, unrepairable air conditioning unit in the Police dispatch section, repairs to the solar system at City Hall, Police Department, and Senior Center, and extensive plumbing services at Fire Station 4 due to a failing water heater at estimated costs of $370,000. Due to these repairs and future emergency repairs, Staff recommends additional appropriation of $500,000 which will be drawn from General Fund reserves.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the resolution 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: Karen Ogawa, Finance Director
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

The proposed budget amendment will require the following funding:

Legal Services 110.501.11.04.00.00.61.61110. $500,000 General Fund (110)
Purchases 375.502.31.39.00.00.85.85050. $54,250 Police Enterprise (375)
Purchases 375.522.31.39.00.00.85.85080. $247,260 Police Enterprise (375)
Buildings &
Improvement M & R
110.503.61.52.00.00.63.63100.

C26022
$500,000 General Fund
(110)
Attachments
Attachment No. 1 - Resolution No. 2025-92
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
ATTACHMENT NO. 1
RESOLUTION NO. 2025-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (BA 2026-13)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 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 17, 2025, the City Council adopted a budget for Fiscal Year 2025-26; 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. 2026-13, attached hereto as Exhibit A, for Fiscal Year 2025-26.

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 16th day of December, 2025.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Monique S. De La Rosa
City Attorney Deputy City Clerk
I, MONIQUE S. DE LA ROSA, DEPUTY CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2025-92 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of December, 2025, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique S. De La Rosa
Deputy City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-13
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 110-General Fund
Revenue 97,839,328 97,839,328
Expenditures 99,555,350 1,000,000 100,555,350
Net Change in Fund Balance (1,716,022) 1,000,000 (2,7160,022) Fund 375-Police Enterprise
Revenue 302,100 302,100
Expenditures 416,635 301,510 718,145
Net Change in Fund Balance (114,535) 301,510 (416,045)
EXPENDITURE TOTAL INCREASE 1,301,510
AGENDA ITEM NO. 9

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: December 16, 2025
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: REVIEW OF THE REQUEST FOR PROPOSALS (RFP) FOR THE LANDSCAPE

MAINTENANCE OF CITYWIDE MEDIANS, ARTERIALS, RIGHT OF WAYS,

COMMERCIAL ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS RECOMMENDATION:

Staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) for Medians Landscape Maintenance Services to obtain competitive proposals for landscape maintenance of citywide medians, arterials, rights-of-way, commercial zones, sidewalks, tree wells, and other areas to include routine maintenance, irrigation management, and beautification of medians throughout the City.

BACKGROUND:

The City of West Covina currently maintains landscaped medians across major corridors to ensure public safety, preserve aesthetic appeal, and support environmental sustainability. There is an existing landscape maintenance contract. The City is looking at all possible options for professional services to provide the best possible maintenance of the City's medians and surrounding areas.

DISCUSSION:

Issuing an RFP will allow the City to solicit competitive proposals from qualified contractors to provide comprehensive landscape maintenance services for City medians. The scope of services includes:

Routine maintenance such as mowing, edging, and pruning Irrigation system inspection and repairs
Weed and litter control
Compliance with water conservation regulations
The RFP process ensures fairness, transparency, and adherence to the City’s procurement policies while providing an opportunity to assess contractor qualifications, pricing, and service approach.

Significant changes to the RFP include:

Including all City Arterials (currently Main Arterials only) Including Freeway Offramps with service frequency of one (1) month.

Including Westbound Azusa Freeway Offramp walkway and bus stop.

Increasing requirement of trash removal on Glendora to include cleaning of trash cans.

Changing Seasonal Weed Abatement Spraying to include additional spraying as needed.

Re-Adding Nogales (currently not in contract)
Re-Adding Nogales (currently not in contract)
If approved, the Request for Proposals will follow the schedule outlined below:

1. RFP release: January 15, 2026

2. Mandatory on-site pre-proposal meeting at 10 AM: January 21, 2026 at the City Yard

3. Questions due: January 28, 2026 @ 3:00 p.m. (Questions must be posted on City’s Planet Bids portal)

4. Responses to questions posted: February 2, 2026 (Responses will be posted on City’s Planet Bids portal)

5. Proposals due: February 12, 2026 @ 2:00 p.m. – (Public Opening Link to be Provided)

6. Potential Interview: Week of March 3, 2026 (Will contact bidders with date and time.)

7. Selection of proposer (tentative date): April 21, 2026 City Council Meeting The Draft RFP specifies that proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:

Qualifications and experience as provided in a resume or statement of qualifications Ability to effectively communicate and conduct presentations Cost of services
Reference checks
Additionally, all proposers will be asked to identify or affirm each of the following requirements:

Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP.

Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.

Have the administrative and fiscal capability to provide and manage the proposed services.

Proposals will be ranked according to the following criteria:

Criteria Maximum Points
Completeness of Proposal 25
Relevant Experience and Qualifications of
Proposed Project Team 25
Capacity to Perform 30
Proposed Cost 20
Total 100
The RFP also provides that, at the City’s discretion, in-person interviews may be conducted in accordance with Section 9, Oral Presentations, of the RFP with up to the three highest-scoring proposers based on the evaluation rubric. All interviewed proposers will be asked the same questions, with equal point values assigned to each question. If interviews are conducted, the contract award will be based on the highest combined interview score.

LEGAL REVIEW:

The City Attorney's Office did not review this report or the draft RFP.

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
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

There is no direct fiscal impact associated with authorizing the issuance of the RFP. Contract award recommendations will be presented to the City Council at a later date following proposal evaluations and cost analysis.

Attachments
Attachment No. 1 - 2025 Medians RFP draft
Attachment No. 2 - West Covina Arterials List
Attachment No. 3 - Sample Map
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
Address Homeless Issues
A Well-Planned Community
Enhance City Image and Effectiveness
City of West Covina Request for Proposals
Landscape Maintenance of Citywide Medians, Right of Ways, Commercial Zones, Sidewalks, Tree Wells and Other Areas

Page 1 of 83 ends

West Covina City CouncilDecember 16, 2025

West Covina City Council
December 16, 2025