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City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
F. Certificate of Insurance | 38
F. CERTIFICATE OF INSURANCE
Attached is a sample of AYCE Consulting Engineers, Inc.’s Certificate of Insurance. The only requirement not currently met is the general liability coverage limit, however, upon issuance of the contract, AYCE will obtain the additional coverage required to meet the City’s requirements.
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/3/2025
20699
AYCE Consulting Engineers, Inc. DBA AYCE, Inc.
930 E. Santa Ana Blvd.
Santa Ana, CA 92701
19879
A 1,000,000
D98344743 11/15/2025 11/15/2026 1,000,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
D98344743 11/15/2025 11/15/2026
A 1,000,000
D98344779 11/15/2025 11/15/2026 1,000,000
1,000,000
B
SWC1557824 6/1/2025 6/1/2026 1,000,000 Y 1,000,000
1,000,000
Job #10261756 Caltrans (07-326804) Rte. 210ADA Curb Ramps Sully-Miller Contracting Co.
135 South State College Boulevard
Brea, CA 92821
AYCECON-01 TMCLAURIN
AP Intego Insurance Group, LLC
1601 Trapelo Rd Suite 280
Waltham, MA 02451 [email protected]
ACE Property and Casualty Insurance Company
Security National Insurance Company
X
X
X
X
X X
X X
Sully-Miller Contracting Company, its affiliates, subsidiaries, partners, joint ventures, parent corporations, owners, DBA’s, Blue Diamond Materials and United Rock Products, directors, officers, employees, agents and representatives are named additional insured on a primary and non-contributory basis with regards to the General Liability coverage as their interests may appear as per written contract. Waiver of Subrogation and 30 days notice of cancellation applies.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 10/09/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS
AUTOS AUTOS NON-OWNED
HIRED AUTOS
ALL OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE
AGGREGATE OCCURCLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY MED EXP (Any one person)
EACH OCCURRENCE DAMAGE TO RENTED
PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (201 /0
© 1988-201 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328
(888) 202-3007
[email protected]
Hiscox Insurance Company Inc 10200
AYCE Consulting Engineers, Inc.
930 E Santa Ana Blvd,
Santa Ana, CA 92701
Sully-Miller Contracting Co.
135 South State College Boulevard
Brea, CA 92821
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job #10261756 Caltrans (07-326804) Rte. 210ADA Curb Ramps Each Claim: $ 2,000,000
Aggregate: $ 2,000,000
A Professional Liability Y P100.587.538.6 09/28/2025 09/28/2026 Sully-Miller Contracting Company, its affiliates, subsidiaries, partners, joint ventures, parent corporations, owners, DBA’s, Blue Diamond Materials and United Rock Products, directors, officers, employees, agents and representatives are named additional insured on a primary and non-contributory basis with regards to the General Liability coverage as their interests may appear as per written contract. Waiver of Subrogation and 30 days notice of cancellation applies.
Form W-9
(Rev. March 2024)
Request for Taxpayer
Identification Number and Certification
Department of the Treasury
Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the IRS.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. Print or type. See Specific Instructions on page 3. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .
Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Form W-9 (Rev. 3-2024) Page 2
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt payee; and
4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened after 1983 only).
Form W-9 (Rev. 3-2024) Page 3
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.
IF the entity/individual on line 1
is a(n) . . .
THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:
P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.
Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.
Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.
Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).
Form W-9 (Rev. 3-2024) Page 4
2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5—A corporation.
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7—A futures commission merchant registered with the Commodity Futures Trading Commission.
8—A real estate investment trust.
9—An entity registered at all times during the tax year under the Investment Company Act of 1940.
10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian.
13—A trust exempt from tax under section 664 or described in section 4947.
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1See Form 1099-MISC, Miscellaneous Information, and its instructions. 2However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).
B—The United States or any of its agencies or instrumentalities.
C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i).
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.
G—A real estate investment trust.
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.
I—A common trust fund as defined in section 584(a).
J—A bank as defined in section 581.
K—A broker.
L—A trust exempt from tax under section 664 or described in section 4947(a)(1).
M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan.
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Form W-9 (Rev. 3-2024) Page 5
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))**
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing corporate
status on Form 8832 or Form 2553
The corporation
11. Association, club, religious, charitable,
educational, or other tax-exempt
organization
The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
The public entity
15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))**
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) *Note: The grantor must also provide a Form W-9 to the trustee of the trust.
**For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Form W-9 (Rev. 3-2024) Page 6
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.
Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor.
Certain penalties may also apply for providing false or fraudulent information.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 47
David Woo, PE, ENV SP
Project Manager / QAQC Manager
Years With AYCE: 11
Roadway Design and Planning Experience: 37
EDUCATION
Master of Science, Civil Engineering, University
of California, Irvine, 1994
Bachelor of Science, Civil Engineering, University
of California, Irvine, 1990
Envision Sustainability Professional, 2017-
Current
Caltrans Resident Engineers Academy
Certification, 1999
PROFESSIONAL MEMBERSHIPS/
REGISTRATIONS
PE, 59736, California
PE, 11515, Nevada
AVAILABILITY TO PERFORM TASK ORDERS
75%
Founder and Principal at AYCE Consulting
Engineers, Inc., Mr. Woo has been involved in
providing project management, design
engineering, and construction support on many
major urban freeway and municipal projects for
over 37 years. Mr. Woo's career is marked by a
unique blend of technical proficiency, strategic
acumen, and leadership in directing
multidisciplinary teams on extensive projects. His
dual capacity as a hands-on producer and a
visionary leader allows him to make substantial
contributions to AYCE, particularly in the realm of
transportation projects. David Woo's extensive
experience and expertise are crucial in driving
these projects to successful completion,
underlining his significant role within the team.
David Woo has technical expertise in
bridge/roadway design, transportation/traffic
engineering, inter-agency coordination, Interactive
Digital Twinning Computer Aided Design, and
Virtual Immersive Visualization.
Relevant Experience
AYCE Consulting Engineers, Inc. (Since 2015)
City of Carson, University Drive Street
Improvement Project (2025 – Current)
Leading this Federally Funded Type STP-L and
Local Match project, Mr. Woo is serving as the
Project Manager/QAQC Manager and Primary
Point of Contact for the City of Carson, leading
delivery of full PS&E University Drive Street
Improvements for pavement rehabilitation,
sidewalk construction, and ADA-compliant curb
ramps and driveway upgrades. He is directing
multi-disciplinary coordination across roadway
design engineering, surveying, soil investigations,
37 years of experience designing and
planning roadway infrastructure projects
Valued by peers and clients for his
exceptional performance and commitment
Excellent communication skills,
effectively collaborates within a cohesive
project office environment with team
members, clients and external reviewers
| AYCE President/Principal
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 48
pavement design and recommendations, utility
agencies, and stakeholders, ensuring compliance
with Caltrans LAPM and municipal standards. NTP
was awarded in October 2025 and as of January
2026, the project is headed into construction with a
project cost of $4M.
City of Los Angeles, Bureau of Engineering
On-Call TOS 13, Sidewalk Repair Program
Final Design; On-Call TOS 2, 7th Street
Improvement Project; and On-Call TOS
43A, Soto Street Improvement Project –
Interactive Digital Twin Platform (2023 –
Current)
AYCE acted as subconsultant to improve sidewalks
and curb ramps to be ADA-compliant throughout
the City of Los Angeles through field visits, design
and construction, and implementing Interactive
Digital Twinning. With David leading Project
Management and delivery, AYCE oversaw three
sites and provided the cost estimate for TOS 13.
His work included ensuring compliant cross slopes,
coordinating driveway and transition panel
improvements, and addressing non-walkable
surfaces within the public right-of-way. This
experience demonstrates his ability to deliver
responsive, as-needed municipal engineering
services, manage task-based assignments
efficiently, and support construction-ready
improvements. Overall, AYCE’s contract amount is
currently $150K with a City budget of $19M.
Caltrans District 7, SR-210 On/Off Ramp
Intersections Upgrades Design Build
Project, Los Angeles County, CA (09/2021 –
2025)
Mr. Woo served as Design Manager for the 42-mile
SR-210 On/Off Ramp Intersections Upgrades
Design Build project, partnering with Caltrans
District 7 and Sully-Miller under a design-build
delivery model. AYCE provided all in-house design
services, delivering preliminary engineering and
final PS&E in compliance with Caltrans, AASHTO,
APWA, local agency standards, and current ADA
requirements across 14 cities. Improvements
included pavement rehabilitation, 264 ADA curb
ramps, 1,320 linear feet of sidewalk reconstruction,
Accessible Pedestrian Signals (APS), pedestrian
countdown timers, signage and lighting upgrades,
traffic control modifications, and full-depth
pavement replacement. This large scale, multijurisdictional project demonstrates his experience in ADA compliance, municipal roadway
rehabilitation, Caltrans Standard Specifications,
and bid/construction support. AYCE’s contract
amounted to $2.3M with a project capital cost of
$26M.
OCTA/Caltrans District 12, I-405 Corridor
Improvement Design Build Project, Orange
County, CA (02/2017 – 12/2023)
David served as the All Segment Project Design
Quality Validation Manager for the $3M design
effort supporting the 16 mile I-405 Corridor
Improvement Project, a major freeway widening
between SR-73 and I-605 through six cities. The
project added new managed lanes, replaced 18
bridges, and delivered multimodal improvements
including 11 bike lanes and 11 sidewalks. David
oversaw quality control and QA certification of
design plans, helping establish validation
procedures to ensure compliance with Caltrans and
OCTA standards. Improvements included
pavement rehabilitation, ADA curb ramps, utility
coordination, sidewalk reconstruction, and
bid/construction support. This experience
highlights David’s ability to manage complex, multiagency transportation projects, enforce design standards, and provide responsive engineering
support.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 49
With Other Companies (Before 2015)
LA Metro / Caltrans District 7, I-405
Sepulveda Pass Widening Design-Build,
Los Angeles, CA
Deputy Design Manager during pre-award and
QAQC post-award. This was $1 billion design-build
project. Caltrans had oversight responsibility on
this interstate facility. Owner is LACMTA (HNTB,
2009-2011)
SR73 TCA Toll Road Widening PS&E, New
Port Beach, CA
Project Manager and Lead Engineer responsible
for the final design and engineering support per
Caltrans Standards during construction. Owner is
the Transportation Corridor Agency. (HNTB, 2008-
2010)
OCTA, Kraemer Blvd PS&E Grade
Separation, Anaheim, CA
Roadway Lead Engineer, responsible for gradeseparation of Kraemer Blvd and the BNSF/Metrolink tracks just north of Crowther
Avenue, reconstruction and realignment of the
agency’s major storm drain box through the length
of the project, constructing temporary shoofly
tracks and final tracks, utility relocation, demolition. (HNTB 2007-2011)
Caltrans / SBCTA SR-210 (SR-30) Freeway,
Segments 2, 10 and 11 PS&E Projects, San
Bernardino County, CA
SBCTA Program Contract Manager for the final
design contract of Segments 2, 10 and 11. David’s
responsibilities included scoping interface with
Caltrans and local jurisdictions, project planning,
project scheduling, cost tracking and reporting,
monitoring all project work efforts, invoice review,
consultant selection and management, and other
related contract administration. Owner is the
SANBAG (Fluor, 1998-2000)
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 50
Kandice Nguyen, PE
Deputy Project Manager/Lead Project
Engineer
Years With AYCE: 11
Roadway Design and Planning Experience: 19
EDUCATION
Bachelor of Science, Civil Engineering,
Cal Poly Pomona, 2008
PROFESSIONAL MEMBERSHIPS/
REGISTRATIONS
PE, C78338, California
PE, 24264, Nevada
Advantage Cert. Design-Build Engineer
WTS
AAa/e
AVAILABILITY TO PERFORM TASK ORDERS
75%
Ms. Kandice Nguyen, PE, is a highly skilled
Principal with over 19 years of experience in
designing and planning roadways. She is
renowned for her successful completion of
assignments on some of the most complex
roadway projects, earning her a strong reputation
in the industry. She specializes in preparing
geometric approval drawings (GAD), obtaining
Caltrans approval in Design Standard Decision
Documents (DSDD) for non-standard features and
finalizing roadway construction documents. In
addition, Ms. Nguyen skillfully resolves design
issues with approval agencies and coordinates
seamlessly with various disciplines within the team,
including traffic, structures, drainage, electrical,
and others. Her ability to effectively collaborate with contractors ensures smooth project execution and
enhances the overall quality of the firm's work.
Relevant Experience
AYCE Consulting Engineers, Inc. (Since 2015)
City of Carson, University Drive Street
Improvement Project (2025 – Current)
Serving as the Lead Civil Engineer for this federally
funded project, Ms. Nguyen is working directly with
our proposed Project Manager David Woo, project
engineers, and subconsultants to deliver plans,
specifications, engineering design calculations,
and cost estimates for this 1.8-mile arterial
rehabilitation project. She is also assisting in the
tracking and accounting of project funds, ensuring
compliance, coordinating design and construction
activities with City departments and agencies, and
aiding in bidding and construction support services
by preparing any exhibits or materials needed to
keep all stakeholders and community members up
to date on the project goal and progress. NTP was
awarded in October 2025 and as of January 2026,
19 years of roadway design & planning
infrastructure projects
Exceptional personal skills, works well in an
integrated project office setting with the
team, clients and third-party reviewers
Highly commended by her peers, clients, and
prior teammates
| AYCE Principal
the project is headed into construction with a
project cost of $4M.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 51
City of Los Angeles, Bureau of Engineering
On-Call TOS 13, Sidewalk Repair Program
Final Design; On-Call TOS 2, 7th Street
Improvement Project; and On-Call TOS
43A, Soto Street Improvement Project –
Interactive Digital Twin Platform (2023 –
Current)
AYCE served as subconsultant to support and
improve citywide sidewalks and curb ramps to be
ADA-compliant throughout the City of Los Angeles
through field visits, design and construction, and
implementing Interactive Digital Twinning. Ms.
Nguyen led the delivery of the general scope
consisting of feasible sidewalk improvements to
provide cross slopes between 2.083% and 0.5%
and maximize sidewalk widths and pedestrian
paths of travel within the public right-of-way. More
specifically, the design and construction of
sidewalks across driveways and alleys, nonwalkable surfaces within the public right-of-way, and tying new improvements to existing
improvements with running slopes designed to be
less than or equal to 5%. Through this project, Ms.
Nguyen quickly developed strong familiarity with
the City’s Residential Parkway Landscaping
Guidelines, demonstrating her ability to adapt
efficiently to specific municipal standards and
requirements. Overall, AYCE’s contract amount is
currently $150K with a City budget of $19M.
Caltrans District 7, SR-210 On/Off Ramp
Intersections Upgrades Design Build
Project, Los Angeles County, CA (09/2021 –
2025)
Ms. Nguyen served as Project Engineer/Engineer
of Record for this 42-mile SR-210 On/Off Ramp
Intersections Upgrades Project across LA County.
AYCE delivered all design services in-house under
her direct leadership. In total, the project upgraded
264 existing curb ramps to comply with current ADA
standards, including pavement rehabilitation and
full-depth structural replacement, installation of
detectable warning surfaces, APS systems, and
pedestrian countdown timers. Work also included
correcting roadway slopes, reconstructing
spandrels, upgrading signage and lighting,
modifying traffic signals and loops, restriping
crosswalks, and relocating utilities and drainage
facilities. Ms. Nguyen led multi-disciplinary
coordination, ensured compliance with local
agency and Caltrans standards, and supported
construction-phase implementation across 14
jurisdictions. This ADA-focused roadway
improvement project demonstrates her ability to
manage complex municipal infrastructure
upgrades, transitioning seamlessly to smaller-scale
local street and public works improvements.
LAWA, Roadways, Utilities, and Enabling
(RUE) Design Build Project, Los Angeles,
CA (2022 – 2024)
Ms. Nguyen served as Roadway Project
Coordinator Lead for LAWA’s $335M RUE Project
supporting the LAX Landslide Access
Modernization Program. She provided technical
advisory and coordination support for the 98th
Street extension to the I-405 freeway, including
upgrades to freeway ramps, roadway
improvements, and wayfinding infrastructure. Ms.
Nguyen coordinated closely with adjacent project
teams, including the Consolidated Rent-A-Car
(ConRAC) Facility, and led comment resolution
efforts with approving agencies such as LAWA,
LADOT, and BOE. This high profile, multi-agency
infrastructure project highlights her ability to
manage complex stakeholder coordination, agency
approvals, and roadway improvements within a
highly regulated environment, which is experience
she can directly transfer to West Covina’s On-Call
roadway and public works needs.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 52
OCTA/Caltrans District 12, I-405 Corridor
Improvement Design Build Project, Orange
County, CA (02/2017 – 12/2023)
Kandice led roadway design for the Segment 3
roadway packages of the $1.9 Billion OC-405
Corridor Improvement Project. She led delivery of
the 8-mile roadway design package from the
northern limits of the project at Interstate 605 and
Katella Ave to the southern limits, south of Edwards
Street Overcrossing, supporting the addition of new
general-purpose and HOT express lanes, and
coordination with the replacement of 18 bridges.
Ms. Nguyen collaborated closely with OCTA,
Caltrans, Arup, and multiple corridor jurisdictions,
providing roadway design leadership and
construction management support to ensure
compliant, constructible, and on-schedule project
delivery. This project highlights her ability to
effectively communicate with all project team
members from project inception through
construction and surrounding jurisdictions.
With Other Companies (Before 2015)
RCTC/Caltrans District 8, SR-91 Corridor
Improvement Design-Build, City of Corona,
CA (AECOM, 2013 – 2015)
Ms. Nguyen was the Prime Project Engineer/
Engineer of Record for package E of this 16-lane
(five general purpose lanes, two tolled express
lanes, and one auxiliary lane in each direction)
freeway improvement project. Work included
preparing GAD, mandatory and advisory exception
fact sheets associated with the revised ATC and
final roadway construction documents and
construction management. This includes resolving
design issues with approval agencies, coordinating
with traffic, bridge, and drainage teams. The total
cost of this project was $1.4 billion.
LA Metro / Caltrans District 7, I-405
Sepulveda Pass Widening Section 5
Design Build, Los Angeles, CA ($1 Billion)
(HNTB, 2010 – 2013)
As Prime project engineer and engineer on record,
Ms. Nguyen was responsible for Area 5 project,
from Sunset to Sepulveda Blvd. Interchanges, of
the total 10- mile HOV widening Work.
Responsibility included preparing final roadway
and MOT construction documents, mandatory and
advisory exception fact sheets, as well as
coordinating with Caltrans in-house staffs to finalize
designs and provide construction support services.
Caltrans had oversight responsibility on this
interstate facility; the owner is LA Metro.
Transportation Agency. The cost of the project was
$1.4 billion.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 53
Grace Kim, PE, PMC
Funding and Grants Support Lead
Years With AYCE: 1
Roadway Design and Planning Experience: 26
EDUCATION
Bachelor of Science, Civil Engineering, California
State University Long Beach (Cum Laude), 1999
PROFESSIONAL MEMBERSHIPS/
REGISTRATIONS
PE, C67502, California
Caltrans Project Management Certificate (PMC)
AVAILABILITY TO PERFORM TASK ORDERS
75%
Ms. Kim brings an extensive background with over
26 years of experience in delivering professional
services in planning, design, and construction
management within the realms of transportation
and public works.
Throughout her career, she has held key roles as
both Project Manager and Construction Manager,
overseeing diverse capital improvement projects
for various public agencies across California. Her
approach consistently aligns with federal, state,
and local cities’ regulations, policies, standards,
and procedures, including strict adherence to grant
funding requirements and guidelines.
Ms. Kim boasts an outstanding track record in
project management and construction
management, maintaining a strong understanding
of the full project delivery lifecycle, ensuring
compliance with funding eligibility, documentation,
reporting, and audit requirements to protect agency
funding. Her commitment to excellence is evident
in the consistent delivery of high-quality services to
clients and the public, earning her positive
feedback and recognition for her contributions.
Some noteworthy projects she has been involved
in include:
| AYCE Project Manager
City of Irvine, Grate Park Projects
City of Irvine, I-405 Bike Trails
City of Irvine, SR133 grade separation project
& Marine Way Project
City of Laguna Beach, SR133 Widening
City of Brea, SR190 Bike and Crosswalk
Improvement
Orange County Transportation Authority
(OCTA), OC Loop (Bike and Sidewalk)
Los Angeles Metro Authority (Metro), I-405
Sepulveda Widening Project
Caltrans, over 100 capital projects from
planning, environmental, design, and
construction phases, including traffic signal,
bike and sidewalk and ADA improvement,
bridge and replacement and widening,
pavement, environmental permit improvement,
maintenance building and state highway
relinquishment projects.
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 54
Relevant Experience
With Other Companies (Before Joining AYCE)
I-405 Bike Trails, City of Irvine (June 2023);
Orange County, CA
Ms. Kim served as Program and Project Manager
at Caltrans during this project, providing critical
planning and oversight in support of the City of
Irvine during the early phase of this major municipal
project. Her responsibilities included technical
support related to feasibility, constructability, and
cost estimate assessments to seek City Council
approval and funding decisions. She also
successfully executed a cooperative agreement to
provide oversight services during the Planning
Phase, ensuring compliance with funding
requirements and proper fiscal controls. From
project inception, she reviewed and approved
planning-level documents, monitored budget
development, and supported documentation
necessary for funding eligibility and Council
authorization. Her experience demonstrates strong
capabilities in supporting municipal projects from
inception, including recommendations, coordination, and planning oversight efforts.
SR-133 Grade Separation & Marine Way
(Jan 2021 to Dec 2023); Orange County, CA
Ms. Kim held the role of Senior Project Manager at
Caltrans, where she played a crucial role in
delivering technical and non-technical services to
the City of Irvine for the SR-133 Grade Separation
and Marine Way interchange improvement
projects. Her responsibilities included seamless
coordination with Federal Highway Administration
(FHWA), local planning agencies (OCTA and TCA),
and the city team to successfully navigate through
the Planning phase of these projects. The
comprehensive project scope encompassed
roadway intersection design, traffic analysis, bridge
replacement and widening, local street widening,
drainage improvement, and integration of multimodal elements such as bike lanes and sidewalks.
Ms. Kim’s expertise ensured a well-coordinated
approach that adhered to the diverse requirements
of the project stakeholders and regulatory
standards.
Great Park, the City of Irvine (in 2017);
Orange County, CA
Ms. Kim made significant contributions as a Senior
Engineer for the City of Irvine, where she reviewed
and approved various reports for the Orange
County Great Park project. Her responsibilities
included evaluating street design plans, traffic
analysis reports, bike-lane studies, bio-swale
plans, geotechnical reports, and bridge inspection
field directives to ensure compliance with City
standards and regulatory requirements. In addition,
Grace provided technical support to the City’s
project management and planning teams, assisting
with development review, capital improvement
coordination, and inter-agency collaboration. She
worked closely with Caltrans, Orange County,
consultants, utility agencies, Five Point, and Irvin
company to resolve technical issues, meet local
government and private developer requirements,
and maintain project timely delivery of the project.
Planning projects & I-5 Managed Lanes
Project (2017 to 2023), Caltrans, Orange
County, CA
Ms. Kim demonstrated exceptional project
management skills as she administered I-5 ML
project, a landmark toll lane initiative for Caltrans
with a budget of ($1.4B). This marked Caltrans’ first
toll lane project, and Ms. Kim played a pivotal role
in its success. Collaborating with a diverse group of
over seventy stakeholders, including federal, state,
local county, and cities, the public, project teams,
City Engineering Services, Traffic Engineering Services, Engineering Grant Writing/ Administration Services, and On-Call General Engineering Services RFP No. 2026-12
Key Personnel Resume | 55
and consultants, she ensured effective
communication and consensus building. Her
responsibilities included issuing Request for
Qualification and procuring consultants and
developing and implementing a comprehensive
communication plan. Ms. Kim approved various
project-related reports, leading teams to
incorporate stakeholders’ comments, and obtain
consensus on politically sensitive toll policies and
regional managed lanes network priorities, as well
as project alternatives. She actively engaged in
presenting to OCTA, Caltrans executive
managements, OC Small Business Council, and
city governments to maintain transparency and
delivered the project ahead of schedule. In addition
to her project management role in the I-5 ML
project, Ms. Kim managed Project Initiation
Document (PID) programs and projects during the
planning phase. She provided guidance to PID
teams, functional units, and consultants,
overseeing deliverables and the project delivery
process to ensure adherence to within scope,
schedule, and budget. Ms. Kim established
ongoing partnerships with local planning agencies
and city governments, initiating oversight projects
listed in the Regional Transportation Plan. She
offered both informal and formal consultations for
the feasibility and constructability of proposed local
city government projects, negotiated oversight
reimbursement costs, and executed cooperative
agreements with cities. Ms. Kim monitored the
project development process, recommended risk
mitigation options for any scope, schedule, and
budget deviations. In addition, she assisted local
city and planning agencies in executing Request for
Proposals and consultant procurement process.
I-405 Sepulveda Widening project (from
2014 to 2016); Los Angeles County, CA
As a senior consulting manager, Ms. Kim was
solely responsible for affirmative owner’s claims
($300 million) and managed over one hundred
claims and disputes related to the I-405 Sepulveda
Pass Widening Design-Build project ($1.3 billion).
Ms. Kim coordinated with the Design-Builder to
facilitate the processing of the Dispute Review
Board (DRB) to resolve construction claims and
disputes and drafting Metro’s position papers for
the DRB hearings. She also analyzed
nonconformance and non-compliance
performances by the Design-Builder to assess
liquidated damages. Additionally, she collaborated
with financial and engineering consulting firms,
preparing the groundwork for litigation. Her
contributions included providing technical and nontechnical support to the project staff in delivering Environmental, Design, Construction, and CloseOut phases. Further responsibilities included: 1) Reviewing and analyzing scope deviation, Value
Engineering reports, EIR/EIS and permits per
CEQA/NEPA, and Change Orders. 2) Offering
recommendations for merit status, resolution
alternatives, and determining equitable and
compensable amount for the disputed issues 3)
Engaging in negotiations with the Design Builder to
resolve and minimize potential claims.
John Muggridge, AICP
Principal
About
John is a principal, senior market leader, and skilled project manager with over 28 years of experience in transportation planning and engineering. John serves as a trusted consultant to private clients and public agencies across southern California and Hawaii.
John’s skillset spans a variety of multi-disciplinary transportation planning and research topics, including travel demand modeling, parking studies, environmental and CEQA services, and multimodal planning. He frequently manages complex projects and has retained relationships with key clients for a number of decades, due to the expertise and quality he provides.
Relevant Project Experience
City of Pasadena General Plan EIR (Pasadena, CA)
Fehr & Peers, as part of a team, assisted with the City of Pasadena General Plan Update. Our area of responsibility was the EIR for the land use and Mobility Elements.
Fehr & Peers also assisted the City of Pasadena with the development of a mobility performance measures and metrics for use in the General Plan Environmental Impact Review (EIR) and Revised Traffic Study Guidelines.
City of Pasadena Traffic Fee Program Update (Pasadena, CA) Fehr & Peers assisted the City in updating its Traffic Reduction/Transportation Improvement Fee program. Funds collected through the Fee program will be used to implement the municipal transportation projects required to address traffic generated by new development improving the infrastructure for pedestrians, bicyclists, and increase frequency of service on Pasadena Transit System. Fehr & Peers collaborated with the City to review the updated project list and cost estimates, re-establish the nexus between the amount of fee being charged and the transportation system impacts caused by the new land use development, and update the impact fees in the form of a unit cost for various land uses.
Rose Bowl Operating Company Music Festival TIA (Pasadena, CA) The Rose Bowl Operating Company was considering entering into a proposed license agreement with a music festival operator to host a 3-day Arroyo Seco Music and Arts Festival on an annual basis at the Rose Bowl Stadium complex and portions of the Brookside Golf Course. The Agreement would extend over 10 years, with two five-year renewal options. The annual Festival would occur over 3 days (Friday through Sunday), likely in June, with a capacity of up to 93,000 daily attendees, including approximately 3,400 employees to support the Festival. Fehr & Peers conducted an extensive study of the transportation effects due to the proposed festival. Fehr & Peers developed trip generation estimates for the proposed festival based on other existing music festivals and past events at the Rose Bowl. An intersection level of service analysis was conducted at 89 intersections across seven different jurisdictions, which accounted for off-site shuttling of attendees and employees, increase transit connectivity in future years, and four different time periods. Along with the intersection analysis, a comprehensive vehicle miles traveled analysis was conducted using ticket sale information from previous events at the Rose Bowl
City of Burbank San Fernando Boulevard Reconfiguration (Burbank, CA) Fehr & Peers worked with the City to develop 100% PS&E and a before/after study for a complete streets pilot in the downtown segment of San Fernando Boulevard. The project’s objectives were to improve pedestrian safety, implement dynamic curbspace management strategies, and provide additional spaces for landscaping and public art.
Fehr & Peers helped the City develop several alternatives for the corridor, including a full closure and several variations of a one-way configuration. As part of alternatives development, Fehr & Peers developed and applied an evaluation framework inclusive Education
Master of Science,
Transportation Planning and
Engineering, University of Leeds
Bachelor of Engineering,
Mechanical and Process
Engineering, University of
Sheffield
Registrations
American Institute of Certified
Planners (AICP) No. 021879
Affiliations
California Association of
Environmental Professionals
(AEP)
American Planning Association
(APA)
Years of Experience
Total: 28
With Fehr & Peers: 24
Availability
25%
of metrics such as yield compliance at midblock crosswalks, auto speeds, pedestrian and bicycle use, and loading activity. City Council has directed staff to move forward with a one-way configuration and the project is currently in the design phase.
City of Burbank Downtown TOD Study (Burbank, CA)
Fehr & Peers provided transportation support for the Downtown Burbank TOD Plan, including: first/last mile strategies, parking management, TDM strategies and the creation of a transportation report for the EIR. Additionally, Fehr & Peers updated the City of Burbank's travel demand model for use in VMT and operations analysis, and helped develop the City's transportation study guidelines to comply with SB 743, and create a quick-response VMT tool.
One San Pedro Transportation Assessment (Los Angeles, CA) Fehr & Peers conducted a transportation assessment for the proposed redevelopment and revitalization of the existing Rancho San Pedro housing development in San Pedro.
The project consisted of replacing the existing 478 residential units on the property and constructing an additional 1,138 residential units, of which a high percentage was affordable. In addition to the operational analysis for traffic impact analyses, vehiclemiles-traveled (VMT) was also calculated and assessed for impacts. The analysis also included reviewing the site plan and the on-site amenities to assess the extent to which the project would serve as the regional center for affordable housing as well as the local hub for services for the community.
Westside Area Plan, West San Gabriel Valley Area Plan, East San Gabriel Valley Area Plan (Los Angeles, CA)
As part of a team, Fehr & Peers assisted the Los Angeles County on three regional planning developments - the Westside Area Plan (adopted by the Board of Supervisors in March 2025, APA LA Section Neighborhood Planning Award oԋ Excellence), West San Gabriel Valley Area Plan (adopted in March 2025), and East San Gabriel Valley Area Plan (adopted in May 2024). Fehr & Peers prepared the VMT analysis for the three area plans based on the County’s new guidance for transportation impacts. The land use and growth assumptions provided by Los Angeles County staff were used to inform the VMT analysis. The Southern California Association of Governments (SCAG) model was used for the VMT analysis to determine whether a VMT impact would occur. The results of the VMT analysis were documented in the EIR prepared for these projects. In addition, Fehr & Peers developed mobility policies and implementation actions for two in-progress area plans in Westside and West San Gabriel Valley. John was the Principalin-Charge for all three planning developments.
County of Los Angeles Florence-Firestone TOD Specific Plan (Los Angeles, CA) Fehr & Peers completed the transportation analysis for the Florence-Firestone TransitOriented District (TOD) Specific Plan. The plan for this area of unincorporated Los Angeles County established new transit-oriented development policies, development standards, and implementation programs for designated transit-oriented districts within the areas approximately 0.5-mile radius around LRT transit stations. The primary purpose of the plan is to encourage infill development with pedestrian-friendly and community-serving uses near transit stops. During the study process, the potential for new development to increase the demand for the use of on-street parking was among the concerns raised by the public. John was the Principal-in-Charge.
ATTACHMENT NO.5
1 Better Built Environments for People
March 5th 2026 Mulholland Project No. 102.2026.1.0
City of West Covina
Attn: Jazmin Hernandez, Purchasing Manager
1444 West Garvey Avenue South, Room 308
West Covina, CA 91790
Subject: Proposal for City Engineering Services, Traffic Engineer Services, Engineering Grant Writing/Administration Services, and On-Call General Engineering Services. RFP No. 2026-12 Dear Ms. Hernandez,
Mulholland Consulting Inc. is pleased to submit this proposal in response to the City of West Covina's Request for Proposals (RFP No. 2026-12) for comprehensive City Engineering Services, Traffic Engineer Services, Engineering Grant Writing/Administration Services, and On-Call General Engineering Services.
Mulholland Consulting Inc. is a California-based civil engineering firm specializing in municipal engineering, capital improvement program (CIP) delivery, stormwater infrastructure, construction management, and regulatory coordination. We understand the responsibility of serving as an extension of City staff providing sound engineering judgment, maintaining transparency in public-sector decisionmaking, and ensuring projects are delivered within defined scope, schedule, budget, and regulatory requirements.
Under the leadership of Brian M. Nieckula, P.E., Registered Civil Engineer No. 87484, our team will provide strategic oversight, technical expertise, and responsive project management. We are experienced in coordinating with regulatory agencies, supporting City Council actions, managing consultants and contractors, and maintaining disciplined cost and schedule controls.
The Primary Point of Contact who will be responsible to negotiate the contract on behalf of the consulting firm for this project will be Carly Chandler; her contact details are as follows:
Vice President of Operations @ Mulholland Consulting Inc.
E: [email protected]
O: 951.529.2668
Mulholland provides full-service Civil Engineering and planning for INFRASTRUCTURE and DEVELOPMENT projects.
Mulholland practices a novel approach—HOLISTIC PROJECT DELIVERYTM. Holistic Project Delivery was born of the realization that every project is part of a community, part of a system. We translate our epiphany into action:
EMPATHIZE. We pose “who,” “what,” “why,” and “when” questions. We then share our experiences and approaches to create deep understanding.
PLAN. We translate empathy into action. Before we do, we build a blueprint while emphasizing education for our clients, our stakeholders, and ourselves.
MANAGE. No organization runs without guidance. We lead teams and provide resources according to the demands of the undertaking. Cover Letter 2 Better Built Environments for People
SOLVE. We deliver results. We are dynamic and adapt to changes in our shared reality, assumptions, and goals.
Mulholland Consulting Inc. is fully prepared to execute the City’s standard professional services agreement and comply with all RFP requirements. We are confident that our municipal experience, responsive service model, and commitment to excellence make us a strong partner for the City.
Thank you for your consideration. We look forward to the opportunity to serve the City and contribute to the successful delivery of its engineering and public works initiatives.
Respectfully,
Brian Nieckula, P.E.
Principal in Charge
Mulholland Consulting, Inc.
[email protected]
C: 951.533.4791
Inland Empire
O: 909.654.5563
7177 Brockton Ave.
Suite 448
Riverside, CA 92506
Orange County
O: 949.229.2449
134 S Glassell St.
Suite I
Orange, CA 92866 Cover Letter
3 Better Built Environments for People
1. Non-Collusion Affidavit: Mulholland Consulting Inc. certifies that this proposal is genuine, not sham or collusive, and is not made in the interest of any person not named herein. Proposer further certifies that it has not directly or indirectly induced or solicited any other proposer to submit a sham proposal or to refrain from proposing, and has not sought by collusion to secure any improper advantage. 2. Conflict of Interest Statement: Mulholland Consulting Inc. certifies that NO City officer, employee, or agent has any financial interest, direct or indirect, in the proposal submitted, and that no such person will receive any compensation or benefit from the contract if awarded.
Proposer agrees to comply with the Political Reform Act and all conflict-of-interest provisions. 3. Insurance Certification: Mulholland Consulting Inc. confirms that we will provide insurance meeting the City’s minimum requirements, including: Commercial General Liability, Automobile Liability, Workers’ Compensation, Professional Liability (Errors & Omissions), Additional Insured endorsement to the City, Primary & non-contributory wording, Waiver of subrogation, Endorsements consistent with the draft contract.
4. Professional Licensing Certification: Mulholland Consulting Inc. certifies that all engineering services will be performed under the responsible charge of a California Registered Civil Engineer in good standing with the State of California. 5. Debarment Certification: Mulholland Consulting Inc. certifies that neither the firm nor its principals are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any public agency contract. 6. Compliance with Laws: Mulholland Consulting Inc. certifies compliance with all applicable federal, state, and local laws, including but not limited to: Labor Code requirements Prevailing wage laws (if applicable) ADA requirements CEQA compliance (where applicable) Public Contract Code provisions
7. Indemnification Acknowledgement: Mulholland Consulting Inc. acknowledges review of the City’s indemnification provisions in the draft Professional Services Agreement and agrees to comply unless exceptions are specifically noted in the proposal. 8. Addenda Acknowledgement: Mulholland Consulting Inc. acknowledges receipt and review of all issued addenda for RFP No. 102.2026.1.0. 9. Authorized Signature Statement: I, Brian Nieckula (President of Mulholland Consulting Inc.) signing the proposal certify that I am authorized to bind the firm contractually. 10. Proposal Validity: Mulholland Consulting Inc. Certifies that the proposal to be valid for a minimum of one hundred twenty (120) days.
11. Acceptance of City’s Professional Services Agreement Mulholland Consulting Inc. has reviewed the City of West Covina’s Professional Services Agreement and agrees to the terms and conditions.
12. Piggy Backing Option: Mulholland Consulting Inc. Agrees to extend the pricing structures, terms, and conditions resulting from this Request for Proposal to other government agencies for a period of 3 years (5th March 2026- 5th March 2029) from the date of the executed agreement.
Required
Statements Required Statements
4 Better Built Environments for People
5 Better Built Environments for People
About Us............................................................................................................................................... 6 Land Development ............................................................................................................................. 8 Infrastructure ..................................................................................................................................... 10 PROJECT SUMMARY ........................................................................................................................ 11 Our Approach .................................................................................................................................... 13 Holistic Project Delivery .................................................................................................................. 13 Quality Assurance & ......................................................................................................................... 16 Quality Control .................................................................................................................................. 16 METHODOLOGY ...............................................................................................................................17 METHODOLOGY TABLE ............................................................................................................................................ 19 Our Team .......................................................................................................................................... 20 Sample Project Team ....................................................................................................................... 21 Our Organization ............................................................................................................................. 22 RESUMES .......................................................................................................................................... 23 Our On-Call Portfolio ................................................................................................................. 29 On-Call Experience ......................................................................................................................... 29 Civic Projects .................................................................................................................................... 30 New Ontario Corporate Yard ..................................................................................................................................... 30 Greater Ontario Convention Center .......................................................................................................................... 31 Ontario Wellness Center ............................................................................................................................................. 32 Appendix……………………………………………………………………………………………………………33
Exhibit A…………………………………………………………………………………………………………………………………………………………..
Exhibit B…………………………………………………………………………………………………………………………………………………………..
Exhibit C…………………………………………………………………………………………………………………………………………………………..
Exhibit F…………………………………………………………………………………………………………………………………………………………..
Exhibit G………………………………………………………………………………………………………………………………………………………….
Addendum No. 1……………………………………………………………………………………………………………………………………………..
Table of
Contents Table Of Contents
6 Better Built Environments for People
Firm Name Mulholland Consulting, Inc.
Founder / Principal-in-Charge Brian M. Nieckula, P.E.
Year Incorporated 2019
Legal Structure S-Corp
State of Incorporation California
Firm Size
x1 Principal in Charge
x1 Project Manager
x1 Project Engineer
x3 Assistants
About Us Our Services
Our industry is too focused on problems. Tunnel vision has distracted from our true purpose – serving people.
We strive to go beyond solving problems to make real
improvements in the communities we serve. By considering human factors first, we produce better built environments.
Too many lessons have been taken from manufacturing and finance.
Projects are not best delivered through an assembly line but from the agency of professionals.
Teams are assembled for the sake of billing rates, not quality. Teams have become too big and accountability too little.
7 Better Built Environments for People
PRACTICE. Mulholland provides land
development and infrastructure consulting
services for the private and public sectors.
We lead multi-disciplinary teams to achieve
turn-key completion. We combine Civil
Engineering, planning, and land development
skill sets to guide projects from a new
perspective.
RESULTS. We share our knowledge with our
clients to enable their ambitions.
You bring the vision.
Together, we achieve results.
ORANGE
134 S Glassell St.
Suite I
Orange, CA 92866
949.229.2449
RIVERSIDE
7177 Brockton Ave.
Suite 448
Riverside, CA 92506
909.654.5563
Our Services
8 Better Built Environments for People
Our Services–
Land Development
Practice Areas Residential Government Healthcare Commercial K-12 Higher Education Defense Industrial
Civil Engineering Site Development Grading and Drainage Detention, Retention, Infiltration, and
Harvesting/Reuse Pavement and
Roadway
Improvements Pump/Lift Stations Dry Utility Coordination Site Accessibility/Barrier
Removal Value Engineering
Geographic Information
Systems (GIS) Support Building Information
Modeling (BIM) Support Solid Waste Demolition Water Resources Sewage Traffic and Transportation
Improvements Traffic Control Storm Drainage
Construction
Management
Constructability
Reviews Submittal and Shop
Drawing Reviews Credit and Fee
Reimbursement Scheduling Public and Private Bid
Administration Prevailing Wage Labor
Compliance Conditions of Approval
Compliance Bid Package
Preparation Bid Protest Resolution Lien Audience
Contracts
Administration Payment Risk
Management Detailed Budgeting and
Estimating Value Engineering Building Information
Modeling Phasing and Logistics
Planning Onsite Observation
and Reporting Field Office and Team
Staffing SWPPP Coordination Our Services
9 Better Built Environments for People
Development
Consulting
Project/Program
Management Development
Programming Proformas/Cost
Estimating Public/Grant Funding
Support Due Diligence Feasibility Studies/Site
Selection Master Plans and
Specific Plans Land Use, Entitlements,
and Discretionary
Permitting
General Plan and
Zoning Changes Tentative Parcel and
Tract Maps Development
Agreements Public Relations and
Outreach Community Facilities
District Program
Management Local, State, and
Federal Permitting Our Services
10 Better Built Environments for People
Our ServicesInfrastructure
Practice Areas Residential Government Healthcare Commercial K-12 Higher Education Defense Industrial
Civil Engineering Site Development Grading and Drainage Detention, Retention, Infiltration, and
Harvesting/Reuse Pavement and Roadway
Improvements Pump/Lift Stations Dry Utility Coordination Site Accessibility/Barrier Removal Value Engineering
Geographic Information
Systems (GIS) Support Building Information
Modeling (BIM) Support Solid Waste Demolition Water Resources Sewage Traffic and Transportation
Improvements Traffic Control Storm Drainage
Construction Management
Constructability
Reviews Submittal and Shop
Drawing Reviews Credit and Fee
Reimbursement Scheduling Public and Private Bid
Administration Prevailing Wage Labor
Compliance Conditions of Approval
Compliance Bid Package
Preparation Bid Protest Resolution Lien Audience
Contracts
Administration Payment Risk
Management Detailed Budgeting and
Estimating Value Engineering Building Information
Modeling Phasing and Logistics
Planning Onsite Observation and
Reporting Field Office and Team
Staffing SWPPP Coordination Our Services Consult for people 11 Better Built Environments for People
PROJECT SUMMARY
Mulholland Consulting Inc. understands that the City of West Covina requires comprehensive, on-call professional City Engineering Services to support the Public Works and Community Development Departments in delivering Capital Improvement Program (CIP) projects, development review services, infrastructure engineering oversight, traffic engineering services, grant administration, and municipal engineering operations.
The city seeks a consultant capable of serving as an extension of staff by providing dedicated City Engineer and Associate Engineer services with consistent on-site presence at City Hall, ensuring continuity, responsiveness, and high-quality customer service to internal departments, developers, contractors, regulatory agencies, and the public.
Our understanding of the required work includes the following core service areas:
City Engineer Services:
Providing a dedicated City Engineer (minimum consistent weekly on-site presence) and Associate Engineer to manage and perform plan review, inspection services, and permit administration. This includes oversight of public right-of-way encroachment permits; grading, drainage, and improvement plan review; subdivision map review under the Subdivision Map Act; and development-related engineering coordination. The role also includes representing the City in meetings with staff, public officials, developers, contractors, regulatory agencies, and the public.
Permit Administration and Compliance:
Managing the full lifecycle of encroachment and development permits, including intake, fee assessment, plan review and redlining, determination of permit conditions, traffic control plan review, field inspections, and final approval. Services include maintaining tracking logs, utilizing the City’s permitting software (Accela), and ensuring compliance with the California Public Contract Code, Streets and Highways Code, Subdivision Map Act, and West Covina Municipal Code.
Capital Improvement Program (CIP) and Project Management Support:
Assisting the Capital Improvement Project Manager with public works project delivery, including preparation of plans, specifications, engineer’s estimates, Notices Inviting Bids, pre-bid meetings, addenda, labor compliance monitoring, change order preparation, invoice review, staff reports for contract approval, project acceptance documentation, and coordination of grant-funded requirements. Mulholland understands that these services must ensure transparent public procurement, regulatory compliance, and fiscal accountability.
Traffic Engineering Services:
Providing technical review of traffic impact studies and development-related traffic issues; conducting traffic safety evaluations such as stop sign warrants, crosswalk assessments, speed surveys, and accident analyses; preparing technical reports and recommendations; presenting findings to the Traffic Committee and City Council; and serving as liaison to the Los Angeles County Department of Public Works on signal timing, striping, signage, and related matters.
Grant Writing and Administration:
Advising City staff on available funding opportunities; preparing and submitting grant applications; coordinating required technical documentation; assisting with grant compliance and reporting; and supporting reimbursement documentation for awarded projects.
Project Summary
12 Better Built Environments for People
On-Call General Engineering Services:
Providing municipal engineering services on an as-needed basis, including infrastructure design, feasibility studies, assessment district coordination, bond issue technical support, private development plan certification, regulatory permitting assistance, emergency response engineering services, and technical consultation for City departments.
Mulholland understands that all services must be delivered within defined scope, schedule, and budget constraints while maintaining transparency, documentation standards, regulatory compliance, and public accountability. We recognize that the City requires not only technical expertise, but consistent on-site presence, strong customer service, effective interagency coordination, and proactive risk management to protect public infrastructure and community interests.
Mulholland Consulting Inc. is fully prepared to perform these services in strict conformance with the RFP requirements and is committed to delivering responsive, reliable, and defensible municipal engineering services that support the City of West Covina’s operational and strategic objectives. Project Summary 13 Better Built Environments for People
Our Approach
Holistic Project Delivery
EMPATHIZE: Understanding First. Deemphasizes the continuum of action. We ask the right questions—who, what, why, and when—to deeply understand the needs of our client and their stakeholders. We share experiences, knowledge, and perspectives to create and build understanding. Education is key. We educate ourselves, our team, our clients, and the community to foster informed decision-making.
PLAN: Thoughtful Strategy Before Execution. Empathy translates into action through careful planning. We develop a blueprint for success, ensuring that all stakeholders are aligned before moving forward. Foresight drives results. Anticipating challenges early allows us to develop turnkey solutions that are both proactive and adaptable.
MANAGE: Leadership with Confidence. No organization thrives without guidance. We lead with confidence, ensuring that teams, resources, and priorities are managed effectively. Our holistic approach ensures that every moving part of an object is synchronized, allowing for seamless execution.
Engineering is more than just solving
problems—it is about creating meaningful
change. At Mulholland, we are redefining
Civil Engineering by focusing on the people,
communities, and systems that projects
serve.
Every project is interconnected. Rather than
viewing projects as linear processes with a
start and stop, we recognize them as a part
of a broader network dynamic system where
the needs of the project, the client, and the
community remain at the center. Our Approach
14 Better Built Environments for People
SOLVE: Delivering Meaningful Results. We do not just complete projects—we create impact. Our solutions are dynamic, adapting to changing realities, shared goals, and evolving needs. Success is measured not just in completion and real improvements we bring to the communities we serve.
MANAGE + EMPATHIZE: Lead with Understanding, Act with Intention. We lead projects by first understanding the people behind them— client, team, and community. We share experiences, knowledge, and perspectives to create alignment and build understanding. Education is key. We educate ourselves, our team, our clients, and the community to foster informed decision-making.
MANAGE + PLAN: From Strategy to Execution, We Own the Process. We coordinate scope, schedules, and team precisely, ensuring delivery is proactive, not reactive. Our turn-key approach simplifies complexity and keeps momentum steady across all project phases.
PLAN + SOLVE: Collaboration that Drives Innovation. Solving complex challenges starts with deliberate, informed planning. We engage stakeholders early to align technical, regulatory, and operational goals. Through collaboration, we develop scalable solutions that hold up to both design intent and field realities.
EMPATHIZE + SOLVE: Purposeful Solutions, Rooted in Why. We design with purpose – every solution ties back to the needs it serves. By asking the right questions up front, we clarify constraints, identify risks, and uncover opportunities.
15 Better Built Environments for People
To-do
Define QA/QC plan based on project scope
& jurisdictional requirements. Assign internal reviewers & discipline leads. Establish deliverables checklist & review timelines. Gather applicable codes, standards, & client expectations.
In Progress Perform design checks for accuracy,
compliance, & constructability Coordinate with sub-consultants & multidisciplinary teams. Monitor project milestones & design progress. Document changes & track technical decisions.
In Review
Conduct structured internal reviews. Incorporate client & agency feedback. Cross-check plans, specifications, & reports for alignment. Resolve review comments & update
documentation.
Done Final QA sign-off completed. Submit to client, agency, or contractor as needed. Archive deliverables with version control. Record lessons learned for future project application
16 Better Built Environments for People
Quality Assurance &
Quality Control
At Mulholland, quality isn’t just a final check; it’s
a continuous process. We apply Agile Project
Management principles to build quality into
every phase of our work. Using a Kanban-based
workflow, our team visualizes QA/QC tasks in
real time, ensuring clear accountability, timely
reviews, and rapid issue resolution. This
approach keeps projects moving forward
without compromising technical accuracy or
regulatory compliance. Quality Assurance & Quality Control Better Built Environments for People
17 METHODOLOGY
Mulholland will implement a structured municipal service delivery framework tailored specifically to Attachment E requirements.
1. Dedicated On-Site Staffing & Continuity Assign a consistent City Engineer to maintain minimum 8 hours/week on-site presence. Assign a consistent Associate Engineer to maintain 24–30 hours/week on-site presence. Provide a Public Works Inspector with frequent in-field presence (4–5 days/week, ~4 hours/day typical for encroachment permits). Maintain direct communication channels for applicants, contractors, and City staff. Ensure continuity by designating primary and backup personnel.
2. Encroachment Permit Administration & Inspection
Mulholland will: Receive and process permit applications. Assess fees and issue permits. Perform pre-work inspections. Review and redline plans. Determine permit conditions. Review traffic control plans when required. Perform ongoing and final inspections. Maintain logs and status tracking accessible to City staff. Utilize and integrate with the City’s cloud-based permitting software (Accela).
Quality control includes checklist-based review procedures and documentation tracking to ensure compliance with approved plans and standards.
3. Development Plan Review & Subdivision Services
For grading, drainage, improvement plans, and Subdivision Map Act projects: Review tentative and final maps. Review lot line adjustments, mergers, dedications, easements, and vacations. Prepare redline comments. Draft conditions of approval. Coordinate with Planning during entitlement review. Identify public works issues early (grading, traffic, off-site improvements). Maintain tracking logs and deliver pick-up/delivery services at City Hall.
This approach ensures early issue identification and reduces downstream construction conflicts.
4. Capital Improvement Project (CIP) Support & Contract Administration Mulholland will support the CIP Manager by: Preparing plans, specifications, and engineer’s estimates. Preparing Notices Inviting Bids. Conducting pre-bid meetings. Responding to RFIs and issuing addenda. Preparing staff reports for Council approval. Monitoring labor compliance. Preparing change orders. Methodology Better Built Environments for People
18 Reviewing contractor invoices. Preparing project acceptance documentation. Maintaining full project documentation. Coordinating grant documentation.
We apply milestone-based cost control and schedule tracking to ensure compliance with public procurement regulations.
5. Traffic Engineering Services
Mulholland will: Review traffic impact studies. Provide engineering judgment on traffic safety issues. Conduct stop sign warrant studies, crosswalk evaluations, speed surveys, and accident history reviews. Prepare traffic reports and recommendations. Present findings to Traffic Committee and City Council. Coordinate with LA County DPW on signal timing, striping, and signage.
Our traffic services integrate data analysis with defensible engineering standards.
6. Grant Writing & Administration
Mulholland will: Identify funding opportunities. Prepare grant applications. Coordinate supporting technical documentation. Monitor awarded grants. Prepare reimbursement documentation. Ensure compliance with funding agency requirements.
7. Regulatory & Interagency Coordination
Mulholland will serve as liaison to: Los Angeles County Department of Public Works Southern California Edison Water purveyors Sheriff and Fire Departments Utility providers NPDES consultants Building & Safety consultants We ensure timely coordination and formal documentation of communications.
8. Emergency Response Support
In the event of local or regional emergencies: Provide expedited plan review and inspection services. Support emergency infrastructure repairs. Provide after-hours technical response as required.
9. Accela Software Integration
Mulholland will: Learn and integrate into City’s Accela platform. Methodology Better Built Environments for People
19 Assist with permit workflow optimization. Support data migration and tracking during conversion process. Maintain digital record accuracy.
METHODOLOGY TABLE
Service Area Key Actions Deliverables City Benefit
On-Site City
Engineer
8 hrs/week dedicated
presence
Policy guidance, staff
support
Continuity &
institutional knowledge
Associate
Engineer
24–30 hrs/week
presence
Permit processing, project
mgmt.
Faster turnaround &
customer service
Encroachment
Permits
Application intake,
redlines, inspections
Approved permits,
inspection reports
Code compliance &
risk mitigation
Plan Review Grading, drainage,
subdivision review
Redline sets, conditions of
approval
Reduced construction
conflicts
CIP Support PS&E prep, bid support,
contract admin
Staff reports, bid docs,
change orders
Transparent public
procurement
Traffic
Engineering
Studies, safety reviews,
presentations
Traffic reports &
recommendations
Data-driven traffic
safety decisions
Grant Services Grant writing &
administration
Applications,
reimbursement packages
Increased funding
opportunities
Interagency
Liaison
Coordination with
County & utilities
Meeting summaries &
responses
Streamlined approvals
Emergency
Services
Rapid review &
inspection
Emergency technical
support
Infrastructure resilience
Accela
Integration
Software training &
support
Digital tracking & reporting Efficient permit
workflow Methodology
Better Built Environments for People
20 Our Team
Brian M. Nieckula, P.E. Principal in
Charge
Carly Chandler, Vice President of
Operations
Alexandra Molina, P.E. Project
Planner Managed, designed, and
completed over $1 billion
dollars of improvements in
California Pioneered the Holistic
Project DeliveryTM
framework Registered Civil Engineer,
R.C.E. No. 87484 President and Principal in
Charge overseeing the full
scope of clients of
Mulholland Consulting Inc.
Executive overseeing
project and resource
management for public and
private clients Implemented essential
workflow design and
project management
procedures Currently involved in
Southern California Civil
Engineering, Building, and
Nonprofit Housing
community organizations
Oversees multiple
interdisciplinary areas,
tracks current projects, and
actively provides a
community focus approach Interprets California Code
of Regulations California
Environmental Quality Act
(CEQA) and National
Environmental Policy Act
(NEPA), to ensure
compliance within
environmental law
Dania Shaker, Project Engineer Shamal Kumar, P.E. Project Engineer
Karen Campbell, P.E. Project
Manager Specializes in technical design
review, plan production, and
technical execution across all
project engineering specialties Actively provides QA/QC engineering and oversite Supports land development,
infrastructure, and water
system projects
Specializes in structural
analysis, construction
management, drone-based
site inspections, and
engineering solutions
related to sustainable
infrastructure Oversaw field operations
and support for a 200M+
government project
Focuses is project management
in the areas of transportation,
storm drain, and water project Management of both State and Federally funded projects from
inception to completion and
project close out Supported in full scope of public
city projects over 50+ million
dollars Our Team
Better Built Environments for People
21 Sample Project Team
The needs of each project will dictate how they are staffed. A sample assignment to a project as a percentage of the total effort can be found below:
Title Level of Involvement
Principal-in-Charge 10%
Project Manager 20%
Project Planner 20%
Project Engineer 40%
Engineering Technician 10%
Project
Engineer
40%
Principal in
Charge
10%
Project Manager
20%
Engr. Technician
10%
Project Planner
20% Our Team
Better Built Environments for People
22 Our Organization
Shamal Kumar
Project Engineer
Brian M.
Nieckula, P.E.
Principal in
Charge
Karen
Campbell
Project Manager
Alexandra
Molina
Project Planner
Dania Shaker
Project Engineer
Kayla
Beaumont
Pursuit Manager
Hannah
Johnson
Executive
Assistant
Subconsultants Our Team
Better Built Environments for People
23 RESUMES
BRIAN NIECKULA
[email protected]
(949) 229-2449
www.linkedin.com/in/briannieckula
EDUCATION May 2014
Texas Tech University
Bachelor of Science in Civil Engineering
REGISTRATION AND PROFESSIONAL
ACHIEVEMENTS Professional Civil Engineer, California C87484 FOX Theater Board Member American Heart Association Board Member WORK EXPERIENCE AND PROJECTS 2019 to Present
Mulholland Consulting, Inc. 2019 to Present
Principal In Charge
Greater Ontario Convention Center Expansion,
Ontario, CA
GOCal and City of Ontario Entitling expansion of Ontario Convention Center alongside vacation of a public street to
permit development of a new pedestrian plaza Providing Surveying, Traffic Engineering, Civil Engineering, and more for district wide
improvements Ontario Corporate Yard, Ontario, CA City of Ontario
Entitling new corporate yard and
solid waste transfer station replacing
an existing soccer park
Ontario Access Center, Ontario, CA
City of Ontario Entitling emergency and transitional
housing for homeless services center Providing Civil Engineering, Environmental Permitting, Right of
Way Engineering, and more
Sunrise at Bogart, Riverside, CA NPHS
Inc. Leading design team to complete
construction documents for twentythree affordable housing units and community center
Catch Basin Trash Excluder Project
City of Culver City (2020 – Present) Obtaining Flood Control Permit for Catch Basin Retrofits of 314 City and
County owned catch basins with
trash excluder devices Provided ownership research, GIS database management, and map
production
Civic Center Sewer and Storm Water
Lift Stations City of Cerritos (2019 –
Present) Designing new 320 gpm sewer lift
station due to shallow existing storm
drain crossing Our Team Consult for people
Better Built Environments for People
24 KAREN CAMPBELL
[email protected]
(951) 533-9733
https://www.linkedin.com/in/karencampbell-96796a165
EDUCATION
May 1987
California State University, Fullerton
Bachelor of Arts, Emphasis:
Environmental Design
May 2000
University of California, Institute of
Transportation Studies
WORK EXPERIENCE
August 2020 to Present
Mulholland Consulting, Inc. August
2025 to Present
Project Engineer
Assists in preparing engineering
calculations (grading, drainage,
utilities, roadway geometry)
Develops and reviews site plans,
specifications, and cost estimates
Ensures design/s meet local, state,
and federal code requirements
Oversees project coordination
Prepares submittals for public and
private clients
Performs site visits and oversees
construction management
Reviews plans and submittals from
fruition to completion
2019 to 2020
City of Chino
Public Works Project Manager
2004-2019
City of Chino
Associate Engineer
Project Experience
City of Chino
$40 Million Capital Improvement
Program
Eastside Water Treatment Facility
Expansion, WA19C
Riverside Drive Street Improvement
and Storm Drain Project,
ST183/SD211
Edison Avenue
Interconnect/Communications and
Traffic Signal, TR 151
SKILLS
Civil Engineering Fundamentals• Microsoft Office
(Word, Excel, Power Point, Outlook) • Interpretation
and Review of Construction Plans • Technical
Communication • Project Management Software
(Asana, Trello) • Construction Management Software
(Procore, Autodesk Construction Cloud) • AutoCAD •
Civil 3D • Water CAD • Micro Station• Bluebeam Revu
• Local Agency Standards and Details• Public
Speaking • Utility Layouts • Site Visit Operations •
Supports in Construction Administration Our Team
Better Built Environments for People
25 CARLY CHANDLER
[email protected]
(714) 770-1509
https://www.linkedin.com/in/carly-chandler-865087331
EDUCATION Jun 2018
Brandman University
Riverside, CA
Bachelor’s Degree-Organizational
Leadership
WORK EXPERIENCE
January 2024 to Present
Mulholland Consulting, Inc.
Vice President of Operations Oversees both public and private contracts from fruition to
completion Manages project delivery
performance Billing, invoicing, and monthly
budget management Managing staffing requirements Manages resource allocation across all departments Monitors utilization rates and
billable hours Responsible for mentorship and
leadership development Internal workflow management Business development and literacy Jun 2021 to January 2024
Green Clean Pressure Washing
Office Manager
SKILLS
Profit and Loss (P&L) Management• Financial
Planning• Workforce Planning • Technical
Writing • Project Management Software (Asana,
Trello) • Construction Management Software
(Procore, Autodesk Construction Cloud) •
Schedule Oversight • Data Analysis • Strategy •
Microsoft Office Suite • Bluebeam Revu •
Critical Thinking/Problem Solving • Public
Speaking • Intuit QuickBooks • Process
Standardization Our Team
Better Built Environments for People
26 SHAMAL KUMAR
[email protected]
(424) 209-5269
www.linkedin.com/in/shamal-kumar-
EDUCATION Jun 2020
California State University, Fullerton
Bachelor of Science in Civil Engineering
WORK EXPERIENCE
2025 to Present
Mulholland Consulting
Project Engineer
City of Diamond Bar- Sycamore Pedestrian Bridge
Removal Civil Design Support, Plan Preparation, Cost Estimate Coordination, Drone Survey, internal Review
Coordination
City of La Quinta-Retention Basin Improvements Hydrology + storage evaluation, Watershed delineation updates, Drywell and Infiltration Basin
Sizing Analysis, Volume Calculations and
Methodology Documentation, Report and Technical
Documentation
City of Cerritos – “Milking Time” Sculpture
Pad/Landscape Integration Scope
Civil/site Integration around Public Art Installation,
Supported Design Considerations tied to landscape
and Pad Interface
HMC Access Center- Ontario Motor Inn and
Bright Star Motel
Civil Design Support, Plan Preparation and
Revisions, Grading, Reviewed Previous
Demolition Bid Package 2023 to 2025
Administrative Engineering Intern
City of Yorba Linda
2020 to 2022
Fleet Manager I Assistant Foreman
Fairdeal Earthmoving Contractors LTD,
PTE
SKILLS
Technical Collaboration • 3D Simulations• Drone
Surveying• Project Management Software (Asana,
Trello) • Construction Management Software
(Procore, Autodesk Construction Cloud) • Logistical
Analysis • Data Analysis • Strategy • Microsoft Office
Suite • Bluebeam Revu • Critical Thinking/Problem
Solving • Public Speaking • Bridge Removal Plans •
Demolition and Sight Plan Design • Basin Calculation
and Storage • Runoff Volume Computation •
Infiltration and Drywell Sizing • Plan Submittals •
Cost Estimates • Specification Editing Our Team
Better Built Environments for People
27 DANIA SHAKER
[email protected]
(909) 642-2126
www.linkedin.com/in/daniashaker
EDUCATION May 2025
California State Polytechnic University, Pomona
Bachelor of Science in Civil Engineering- Emphasis
in transportation and design
WORK EXPERIENCE AND PROJECTS
August 2025 to Present
Mulholland Consulting, Inc. Jul 2025 to Present
Engineering Technician Assisted in the planning, design, and implementation of land development and
infrastructure projects Conducted site inspections and data analysis to support engineering requirements Collaborated with senior civil engineers and project managers on design updates and revisions Prepared technical reports and documentation for compliance and project tracking Managed data entry and organization within client information management systems Supported utility research by collecting field data and transferring existing utility information from asbuilt into project CAD files Contributed to multiple projects
including but not limited to: Center
for the Performing Arts Sewer and
Groundwater Lift Station
Modifications (City of Cerritos, as
well as City of Ontario ProjectsOntario Convention Center, Ontario Access Center, Ontario Corporate
Yard
August 2024 to April 2025
Cal Poly Pomona Senior Project I-15
Improvement Design Team Member
Associate Civil Engineer
SKILLS
Envision Sustainability Professional • Microsoft
Office (Word, Excel, PowerPoint, Outlook) • Mat
Lab • Technical Communication • Project
Management Software (Asana, Trello) •
Construction Management Software (Procore,
Autodesk Construction Cloud) • AutoCAD •
Civil 3D • Water CAD • Micro Station•
Bluebeam Revu • Local Agency Standards and
Details• Public Speaking • Utility Layouts • Site
Visit Operations • Supports in Construction
Administration
Our Team Our Team
Better Built Environments for People
28 ALEXANDRA MOLINA
[email protected]
(626) 756-5112
www.linkedin.com/in/alexandra-molina-097
EDUCATION Jun 2019
University of California, Los Angeles; Major
GPA: 3.7
Bachelor of Science in Ecology, Behavior, and
Evolution • AR Wallace Scholar for International
Field and Marine Research
WORK EXPERIENCE AND PROJECTS
Jul 2025 to Present
Mulholland Consulting, Inc. Jul 2025 to Present
Project Planner Interprets California Code of Regulations, California Environmental Quality Act (CEQA),
and National Environmental Policy Act (NEPA) to ensure proper permitting and project developments' compliance with environmental
laws Ensures projects planned, developed, and
executed are in conformance with City and
County General Plan Informs and mediates multidisciplinary (engineering, architecture, ecology,
municipality) teams of environmental and legal implications of current plans Organizes and manages cloud-based Construction Documents (Procore, Autodesk
Construction Cloud)
Jun 2022 to Jul 2025
Health and Medicine Division; National
Academies of Sciences, Engineering, and
Medicine
Communications Associate
Jun 2019 to May 2022
Zoology and Wildlife Conservation;
Smithsonian National Zoo and Cornell
University
Researcher for Drs. Alexander Travis and
Pierre Comizzoli and Spring Semester
Teaching Assistant
Jan to Feb 2019
Bat Ecology Research for UCLA Field Biology
Quarter; Manú National Park, Peru
Student Scientist overseen by Drs. Debra Shier
and Greg Grether
SKILLS
Field Biology Research (Peruvian Amazon, Mojave
Desert, Belize) • Geospatial Information Systems &
Technology (ESRI) • Practicing Spanish Fluency •
Technical Writing • Project Management Software
(Asana, Trello) • Construction Management Software
(Procore, Autodesk Construction Cloud) • Biology
and Public Health Science Communication • Data
Analysis • Strategy • Microsoft Office Suite •
Bluebeam Revu • Critical Thinking/Problem Solving •
Public Speaking • Wildlife Husbandry • Diversity,
Equity, and Inclusion (DEI) Leadership Our Team
Better Built Environments for People
29 Our Portfolio
Our On-Call Portfolio
On-Call Experience
Client City of Newport Beach
Contact Ben Davis, Senior Civil Engineer
Telephone 949.644.3317
Scope Selected for on-call Professional Engineering Services.
POMONA
Client City of Pomona
Contact Andrew, Finance Director
Telephone 909.620.2381
Scope
Selected for on-call Surveying, Mapping, and Right-of-Way Engineering services roster
Client City of Hermosa Beach
Contact Romany Basilyous, Associate Engineer
Telephone 310.318.0263
Scope Selected for on-call Civil Engineering Services.
Client City of South El Monte
Contact Rene Salas, Public Works Director
Telephone 626.579.6540
Scope
Selected for Engineering Design and Construction
Management services roster.
Client City of Glendale
Contact Arthur L. Asaturyan, Project Manager
Telephone 818.937.8249
Scope
Selected for on-call Project and Construction Management Professional Services.
Client City of Cerritos
Contact Amandeep Mann
Telephone 562.860.0311
Scope
Selected for on-call Construction Management and Inspection Services. On-Call Experience
Better Built Environments for People
30 Our Portfolio
Civic Projects
Ontario, CA
New Ontario Corporate Yard
The new City of Ontario Corporate Yard is comprised of offices, Supervisory Control and Data Acquisition, a Disaster/Emergency Operations Center, warehouse shops and storage, waste transfer station, fleet/equipment parking, parking structure, surface parking, and generators. The new Corporate Yard will replace the existing soccer complex and will feature a new bridge for access. Mulholland’s scope of services includes relocation and development of the City of Ontario's Public Services Agency Yard. This entails the production of new office spaces, warehouses, and fleet services, incorporation of environmental sustainability measures such as energy-efficient designs, passive cooling, and solar infrastructure and the reorganization of fleet services, public works, and integrated waste areas. This provides for flexibility and future expansion of the area.
Duration 2025-Present
Value of Improvements $500 million
Company HMC Architects
Contact Name Andrew Cartwright
Title Senior Project Manager
Address
3546 Concours St
Ontario, CA 91764
Email Address [email protected]
Phone Number 909.330.0977 Our Portfolio
Better Built Environments for People
31 Ontario, CA
Greater Ontario Convention Center
The Greater Ontario California (GOCAL) Convention Center Expansion project will transform the existing building and create a unified campus to solidify its place as a destination within the “Premier City of the Inland Empire”. The project will deliver 450,000 SF of indoor convention center space to serve the ambitions of its clients. A public street is proposed to be closed to allow the development of a landscaped public plaza. A new 2,000-vehicle parking structure will ensure ample parking for attendees, while on-site retail will add convenience and enhance the visitor experience. A pedestrian bridge over Holt Boulevard will improve safety and connectivity within the growing Convention Center District. For the Ontario Convention Center Expansion Project, Mulholland Consulting has been engaged to provide comprehensive civil engineering & entitlement services. Our role includes coordinating with city departments, Caltrans, Omnitrans, & other stakeholders to ensure smooth project progress.
Duration 2024-Present
Value of Improvements $575 million
Company HMC Architects
Contact Name Brandon Gullotti, AIA
Title Principal in Charge
Address
3546 Concours St
Ontario, CA 91764
Email Address [email protected]
Phone Number 626.826.9108 Our Portfolio
Better Built Environments for People
32 Ontario, CA
Ontario Wellness Center
The Ontario Wellness Center Project includes the renovation of an existing motel and the construction of new complementary buildings for Emergency and Temporary Housing. The development will feature a community-oriented space with amenities such as outdoor seating, walking paths, a dog park, and a community garden, all aimed at fostering a sense of belonging and healing. Social services offered at the facility include a recuperative care clinic, a mental health clinic, and a case manager provided to each to help with finding permanent housing. Mulholland’s scope of the Ontario Access Center Project includes a range of civil engineering and environmental services to support the development of a transitional housing facility. Mulholland Consulting will provide project management support, including master schedule updates, coordination with the City of Ontario, and facilitation of meetings with city departments.
Duration 2025-Present
Value of Improvements $44 million
Company HMC Architects
Contact Name Bem Kim
Title Project Manager
Address
3546 Concours St
Ontario, CA 91764
Email Address [email protected]
Phone Number 909.332.5639 Our Portfolio
1 Better Built Environments for People ATTACHMENT A ATTACHMENT A
STATEMENT OF NON-COLLUSION BY CONTRACTOR
NON-COLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares: I am the President of Mulholland Consulting Inc. 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 03-05- 2025 at Riverside, CA.
Firm Mulholland Consulting Inc.
(Signature)
Brian Nieckula -President
(Print Name & Title)
2 Better Built Environments for People ATTACHMENT A Street 134 S. Glassell St.
Suite I
City Orange
State California
Zip 92866
1 Better Built Environments for People ATTACHMENT B ATTACHMENT B
SUBCONTRACTOR CAMPAIGN CONTRIBUTION
ACKNOWLEDGEMENT FORM
Proposer, Mulholland Consulting Inc. 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 Mulholland Consulting Inc. 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: Mulholland Consulting Inc.
By:
Title: Brian Nieckula-President
Date: 03-05-2026
SUBCONTRACTOR:
2 Better Built Environments for People ATTACHMENT B
Southern California Geotechnical Inc will assist
with Geotechnical Engineering.
By
Gregory K. Mitchell
(Principal Engineer)
Phone Number 714.685.1115
Address
22885 Savi Ranch
PKWY, Suite E Yorba
Linda, CA 92887
Date: 03-05-2026
Dawson Surveying Inc. will provide surveying
services.
By
ROBERT JOHN DAWSON,
PLS
(CEO/President)
Phone Number 951.538.9386
Address
1814 Commercenter
W, Suite G San
Bernadino, CA 92408
Conaway Geomatics Inc. will provide
Land Surveying & Subsurface Utility Locating
Services.
By: Shannon K. Conaway,
PLS
(CEO)
Phone Number 714.486.0258
Address
101 S. Kraemer Blvd.
#250. Placentia, CA,
92870
Date: 03-05-2026
Date: 03-05-2026
Better Built Environments for People ATTACHMENT C ATTACHMENT C SAM.GOV DEBARMENT AND SUSPENSION
VERIFICATION.
Better Built Environments for People
ATTACHMENT F ATTACHMENT F
CERTIFICATE OF INSURANCE
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
02/10/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Pearl
Insurance
1200 E Glen Ave
Peoria Heights, IL. 61611
CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Massachusetts Bay Insurance Company 22306
INSURED
Mulholland Consulting, Inc. 4886
Palo Verde Ln
Riverside, CA 92501-3947
INSURER B :The Hanover Insurance Company 22292
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE ADDL
INSD
SUBR
WVD
POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
COMMERCIAL GENERAL LIABILITY
Y Y ODC-H003053-05 08/01/2024 08/01/2025
EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 300,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GE GENERAL AGGREGATE $ 4,000,000
PRODUCTS - COMP/OP AGG $ 4,000,000
$
A
AUTOMOBILE LIABILITY
Y Y ODC-H003053-05 08/01/2024 08/01/2025
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMSMADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A Y WDC-H771617-03 09/23/2024 09/23/2025
PER
STATUTE
OTHER StopGap
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
POLICY
Better Built Environments for People ATTACHMENT F B
Professional Liability
Retroactive Date:08/02/2019
01/15/2020 for the $2m/$2m
N Y LHC H003074 05 08/02/2024 08/02/2025
$2,000,000 per claim
$2,000,000 aggregate
Ded:
$10,000 claim
$20,000 agg
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Loc 1: 7177 Brockton Ave, Ste 110, Riverside, CA 92506
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Better Built Environments for People ATTACHMENT G ATTACHMENT G W-9 FORM
ATTACHMENT NO. 6
RESOLUTION NO. 2026-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2026 AND ENDING JUNE 30, 2027 (TRANSTECH
ENGINEERS)
The City Council of the City of West Covina hereby finds and declares as follows:
WHEREAS, on May 5, 2026, the City Manager presented to the City Council a proposed budget for Fiscal Year 2026-27 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 16, 2026, the City Council adopted a budget for Fiscal Year 2026-27; 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. 2027-05, attached hereto as Exhibit A, for Fiscal Year 2026-27.
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 18th day of August, 2026.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-90 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of August, 2026, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick, CMC
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2026-27
Budget Amendment No. 2027-05
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 122 – Prop C
Revenue 2,444,472 0 2,444,472
Expenditures 2,285,092 150,000 2,435,092
Net Change in Fund Balance 159,380 150,000 9,380
REVENUE TOTAL INCREASE 0
EXPENDITURE TOTAL INCREASE 150,000
Fund 124 – Gas Tax
Revenue 3,013,200 0 3,013,200
Expenditures 2,014,184 550,000 2,564,184
Net Change in Fund Balance 999,016 550,000 449,016
REVENUE TOTAL INCREASE 0
EXPENDITURE TOTAL INCREASE 550,000
Fund 189 – Sewer
Revenue 4,721,470 0 4,721,470
Expenditures 2,621,117 150,000 2,771,117
Net Change in Fund Balance 2,100,353 150,000 1,950,353
REVENUE TOTAL INCREASE 0
EXPENDITURE TOTAL INCREASE 150,000
1 Transtech Engineers, Inc.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF WEST COVINA
AND
TRANSTECH ENGINEERS, INC.
FOR
CITY ENGINEERING, TRAFFIC ENGINEERING, GRANT WRITING/ADMINISTRATION, AND
GENERAL ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of September 1, 2026 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and TRANSTECH ENGINEERS, INC., a California corporation (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to provide City Engineering, traffic engineering, grant writing/administration, and general engineering services, 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; and
E. Consultant responded to the City’s Request for Proposals dated February 18, 2026, incorporated via this reference as if fully set forth herein, and Consultant’s response to the Request for Proposals was a material inducement to the City ultimately entering into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both 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 ATTACHMENT NO. 7
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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. 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 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 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.
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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 forth in Exhibit “B.”
2.2. Annual Rate Increases. Commencing on July 1, 2027, Consultant may increase Consultant’s hourly rates on an annual basis in an amount equal to the 12-month percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area as reported by the Bureau of Labor Statistics, provided that no annual increase to the hourly rates shall exceed three and one-half percent (3.5%). The change in CPIU will be calculated based on the 12-month percentage change in CPI-U from April to April. If Consultant desires to increase the hourly rates as set forth herein, Consultant shall provide written notice to the City on or before June 1, which notice shall include reference to the CPI index, the percentage change in the CPI-U, and the revised hourly rates based on such CPI increase. If written notice is submitted as required herein, the annual increase will go into effect on July 1. No increase to the hourly rates will be retroactive.
2.3. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in Consultant’s Proposal unless the City Manager, prior to Consultant performing the additional services, approves such additional services in writing, memorialized in an amendment to this Agreement. Any additional services shall be charged at Consultant’s standard hourly rates as detailed in the Fee Schedule. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.4. 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.
2.5. 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. 4 Transtech Engineers, Inc.
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3.0. TERM AND TERMINATION
3.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years, ending on August 31, 2028, unless previously terminated as provided herein. Thereafter, this Agreement may be extended for a maximum of three (3) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.
3.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If 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 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 Consultant, if the latter should:
(a) Be adjudged 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.
3.3. 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 Consultant, whichever occurs last.
Compensation for work in progress shall be prorated based on the percentage of work completed 5 Transtech Engineers, Inc.
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as of the effective date of termination in accordance with the fees set forth herein.
3.4. 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.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages:
(a) 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 liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage, 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.
4.2. Additional Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Finance Director prior to the date of commencement of services. Current certification of insurance shall be kept on file with City for the term of this Agreement and for three (3) years after the expiration or termination of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies at any time. (b) Duration of coverage. Consultant shall procure and maintain for the term of the Agreement, and for three (3) years after the termination or expiration of this Agreement, insurance against claims to persons or damages to property, or financial loss which may arise from or in connection with this Agreement.
6 Transtech Engineers, Inc.
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(c) Additional insured status. Consultant’s general liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that the City of West Covina and its elected and appointed boards, officers, officials, agents, employees, representatives, and volunteers shall be additional insureds under such policies. The endorsement shall be at least as broad as ISO Form CG 20 10 (ongoing operations) and ISO Form CG 20 37 (completed operations). (d) Primary/non-contributing. Coverage provided by Consultant shall be primary, and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance policies shall include or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected and appointed officers, agents, officials, employees, representatives, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its vendors.
(f) Notice of cancellation. Consultant shall oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of Consultant’s insurers are unwilling to provide such notice, then Consultant shall notify the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal. (g) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City.
(h) Enforcement of agreement provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. 7 Transtech Engineers, Inc.
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(i) Requirements not limiting. Requirements of specific coverage features, or limits contained in this section, are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
(j) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(k) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from this Agreement, and that involve, or may involve, coverage under any of the required liability policies.
4.3. 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 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.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.
5.0. GENERAL PROVISIONS
5.1. 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.
5.2. 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.
5.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant 8 Transtech Engineers, Inc.
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shall make available the professional services of Ahmad Ansari, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.
5.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or by U.S. mail, with postage properly prepaid and addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; and (b) on the earlier of the date actually received or on the third day after the postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Transtech Engineers, Inc.
13367 Benson Ave.
Chino, CA 91790
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Attn: Ahmad Ansari Attn: Robert Ortega
5.5. 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.
5.6. 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 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.
5.7. 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.
5.8. Indemnification and Hold Harmless.
(a) General Indemnification. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply 9 Transtech Engineers, Inc.
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without any advance showing of negligence or wrongdoing by Consultant, its employees, and/or authorized subcontractors, and shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of 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 Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, 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.
(b) Indemnification for Design Professional Services. To the fullest extent permitted by law, Consultant agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its employees, and/or authorized subcontractors, in the performance of design professional services under this Agreement by a “design professional,” as such term is defined in California Civil Code section 2782.8(c). The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of Consultant, its employees, and/or authorized subcontractors, and shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of 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 Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
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5.9. 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 Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and Consultant. Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
5.10. 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.
5.11. 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.
5.12. 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. 11 Transtech Engineers, Inc.
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5.13. 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 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.
5.14. 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.
5.15. 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.
5.16. 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.
5.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
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5.18. 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.
5.19. 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.
5.20. 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.
5.21. 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.
5.22. 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.
5.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
5.24. 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.
5.25. 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.
5.26. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by 13 Transtech Engineers, Inc.
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electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.
5.27. 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.
5.28. 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.]
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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
__________________________________
Milan Mrakich
City Manager
CONSULTANT
__________________________________
Allen “Ali” Cayir
President
__________________________________
Sybil Cayir
Secretary
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director
EXHIBIT A
SCOPE OF SERVICES
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
EXHIBIT B
CONSULTANT’S PROPOSAL
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
AGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, City Manager
SUBJECT: CONSIDERATION OF AGREEMENT FOR THE CITYWIDE PEDESTRIAN & VEHICLE TRAFFIC SAFETY IMPROVEMENTS FY 2025-26 - PROJECT NO. 26014 RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Reject the bid submitted by WGJ Enterprises, Inc. DBA PCI as non-responsive;
2. Award the Construction Services Agreement for the Citywide Pedestrian & Vehicle Traffic Safety Improvements FY 25-26 (Project No. 26014) to CAT Tracking, Inc. as the lowest responsible bidder;
3. Authorize the City Manager to negotiate and execute an agreement with CAT Tracking, Inc. for $447,343.00, in such form as approved by the City Attorney;
4. Authorize 15% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions;
5. Authorize the City Manager to negotiate and execute any amendments to the agreement within the authorized contingency; and
6. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).
BACKGROUND:
On February 6, 2024, November 19, 2024, February 18, 2025, June 17, 2025, and November 18, 2025, the City Council approved recommendations from the Traffic Committee meetings conducted between September 2023 and October 2025.
These recommendations included various pedestrian and vehicular traffic safety improvements throughout the City.
The approved traffic safety improvement locations include the following:
1. Valerie Ct. at Wednesday Dr.
2. “Little” Francisquito Ave.
3. N. Azusa Ave. and E. Thelborn St.
4. S. Willow Ave. from W. Garvey Ave. S. to W. Merced Ave.
5. S. Sunkist Ave. at W. Yarnell St.
6. S. California Ave. at W. Vine Ave.
7. S. Tonopah Ave. at W. Delvale St.
8. E. Doublegrove St. at E. Autumn Dr.
9. 843 W. Blue Ash Rd.
10. E. Autumn Dr. from S. Azusa Ave. to E. Doublegrove St.
11. Temple Ave. at Natalie Ave.
12. N. Lark Ellen Ave. from E. Rowland Ave. to E. Workman Ave.
13. N. Sunset Ave. at W. Rowland Ave.
14. S. Lark Ellen Ave. at E. Cameron Ave.
15. Hollencrest Middle School.
16. Valley Blvd. at Clubhouse Dr.
17. Hollenbeck Ave. from E. Garvey Ave. S. to E. Cortez St.
18. E. Merced Ave. at Hollenbeck Ave.
19. Woodridge Cir. at Temple Ave.
20. E. Rowland Ave. at N. Lark Ellen Ave.
21. Barranca St. at E. Garvey Ave. S.
22. Edgewood School Crosswalk.
23. E. Service Ave. from S. Lark Ellen Ave. to Valinda Ave.
24. Walnut Creek Pkwy. from S. Citrus St. to Hollenbeck Ave.
25. S. Cherrywood St. at E. Garvey Ave. S. (No Truck Route).
26. S. Nelson St. from S. Azusa Ave. to Fairgrove Ave.
27. E. Rowland Ave. at S. Lark Ellen Ave.
28. S. Bromley Ave. at W. Ituni St.
29. N. Nora Ave. at W. Rowland Ave.
30. N. Broadmoor Ave. at W. Rowland Ave.
31. E. Workman Ave. at N. Toland Ave.
32. S. Lark Ellen Ave. from E. Cameron Ave. to E. Larkwood St.
33. Wednesday Dr., Tuesday Dr., and Stephanie Dr.
34. S. Montezuma Way between S. Golden Vista Dr. and S. Golden Vista Dr.
35. W. Garvey Ave. N. at N. Sunkist Ave.
36. Sandy Hook St. S. from W. Blue Ash Rd. to W. Christopher St.
37. E. Valley Blvd. Refreshing.
38. E. Puente Ave. from N. Azusa Ave. to S. Armel Dr.
39. Fairway Lane and E. Garvey Ave. N.
40. Montezuma Way and S. Citrus St.
41. S. Walnut Ave. from E. Vine Ave. to Francisquito Ave.
42. 150 South Grand Ave.
43. S. Nelson St. and Fairgrove Ave.
44. S. Pima Ave. from S. Bandy Ave. to E. Stuart Ave.
45. E. Walnut Creek Parkway from S. Glendora Ave. to S. Lark Ellen Ave.
46. S. Bubblingwell Rd. from E. Truman Pl. to S. Silverbirch Pl.
47. W. Puente Ave. from N. Vincent Ave. to N. Sunset Ave.
48. W. Merced Ave. and S. Willow Ave.
49. S. Citrus St. and E. Lark Hill Dr.
50. Hollingworth Elementary School.
51. W. Sunkist Pl., east of N. Sunkist Ave.
52. Francisquito Ave. between Puente Ave. and S. Orange Ave.
53. Valinda Ave. and E. Merced Ave.
The project will implement pedestrian and vehicle traffic safety improvements at the above-listed locations. These improvements are intended to enhance traffic operations, improve pedestrian safety, and address traffic-related concerns identified throughout the City.
DISCUSSION:
On May 25, 2026, the City advertised the Citywide Pedestrian & Vehicle Traffic Safety Improvements FY 2025-26 Project for construction bids. The following two (2) bids were received by the City at the Bid Opening held on June 17, 2026, at 2:00 PM.
Contractor Name Total Bid Amount
WFJ Enterprises, Inc. DBA PCI $347,200.00
CAT Tracking, Inc. $477,343.00
At the time of bid opening, WGJ Enterprises, Inc. dba PCI was the apparent low bidder. However, during the bid review, staff determined that WGJ Enterprises, Inc. dba PCI did not possess the contractor licenses required by the Notice Inviting Bids and Addendum No. 1.
Section 5 (Contractor License) of the Notice to Contractors in the bid documents, as amended by Addendum No. 1, states:
"In accordance with provisions of Section 3300 of the California Public Contract Code, City of West Covina has determined that the contractor shall possess a Class A or C-31 & C-32 valid California Contractor's License. Failure to possess such license may render the bid as non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and subcontractors will be required to possess business licenses from the City of West Covina." Additionally, Section 29 of the Instructions to Bidders states, in relevant part:
"The City of West Covina will not enter into a contract with any bidder who is not properly licensed to do the work of this contract under the provisions of Section 7040 et seq. of the Business and Professions Code, unless particularly exempted by the terms thereof. See Section I, Notice to Contractors, 'Contractor License,' for the licensing requirements. A bid by a contractor who is not properly licensed shall be considered non-responsive and will be rejected. The contractor must hold all subcontractors to these same contract requirements."
The contractor licensing requirement is a material term of the bid documents.
WGJ Enterprises, Inc. dba PCI possesses a C-32 Contractor's License but does not possess either a C-31 Contractor's License or a Class A Contractor's License. Accordingly, PCI's bid does not conform to the material terms of the bid documents and is therefore non-responsive.
CAT Tracking, Inc. submitted a formal bid protest regarding PCI's failure to possess the license classifications expressly required by the City's bid documents. Based on staff's review of the bid documents and applicable licensing requirements, staff has determined that the protest is supported by the bid requirements.
Accordingly, staff recommends that the City Council reject the bid submitted by WGJ Enterprises, Inc. dba PCI as non-responsive and award the agreement to CAT Tracking, Inc., whose bid has been determined to be responsive.
Staff conducted a bid analysis of CAT Tracking, Inc. The review included verification of contractor licensing through the California Contractors State License Board, Department of Industrial Relations registration, reference checks, and a review of applicable state and federal debarment lists.
The draft of the proposed agreement with CAT Tracking, Inc. is included as Attachment No. 1.
Project Timeline
Upon execution of the agreement and issuance of a Notice to Proceed, construction is anticipated to be completed within six (6) months. Project completion is expected prior to or in Spring 2027.
LEGAL REVIEW:
The City Attorney's Office has reviewed the draft agreement 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 alternative direction.
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302: Replacement or reconstruction; Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
Prepared by: Robert Ortega, CIP Project Manager
Fiscal Impact
FISCAL IMPACT:
The construction estimate with contingencies is $603,913.05.
Base Construction Contract $447,343.00
Proposed Construction Contingency (15%) $67,101.45
Subtotal Construction Estimate $514,444.45
Project Management and Administration $44,734.30
Construction Management and Inspection $44,734.30
Total Construction Estimate $603,913.05
Total Budget $2,498,353.00
(Over)/Under Budget $1,894,439.95
This project is included in the FY2026-27 Budget under Fund 237, Senate Bill (SB) 1.
Project Fund Current
Budget
Balance
Amount
Requested
New Balance
C26014,
Pedestrian &
Vehicle
Safety Imp
FY 25-26
Fund
237,
Senate
Bill (SB)
1 $2,498,535.00 $603,913.05 $1,894,439.95
Attachments
Attachment No. 1 - Draft Construction Services Agreement CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
A Well-Planned Community
Enhance City Image and Effectiveness
1 Rev. 06-2026
CONSTRUCTION SERVICES AGREEMENT
BETWEEN
CITY OF WEST COVINA
AND
CAT TRACKING INC.
FOR
CITYWIDE PEDESTRIAN & VEHICLE TRAFFIC SAFETY IMPROVEMENTS FY 2025-26 (PROJECT NO. C26014)
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of August 18, 2026 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and CAT TRACKING INC., a California corporation (herein “Contractor”).
RECITALS
A. City requires construction services for the Citywide Pedestrian & Vehicle Traffic Safety Improvements FY 2025-26, Project No. C26014 (“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, which generally consists of installation of pedestrian and vehicle traffic safety improvements including signage, striping, and pavement markers at various locations Citywide and all related work as per the City’s plans and specifications, 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;
ATTACHMENT NO. 1
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(b) Notice to Contractors and Instructions to Bidders, Bid Documents, Contract Documents and Specifications for the Project (collectively, “Bid Documents”), incorporated by this reference as if fully set forth herein; (c) Addendum No. 1 to the Bid Documents, dated June 12, 2026, 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, Project No. C26014
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own active negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of 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 Project No. C26014
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(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 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 Contractor shall 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 Four Hundred Forty-Seven Thousand Three Hundred Forty-Three Dollars and Zero Cents ($447,343.00) (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 Project No. C26014
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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 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 Sixty (60) working days from the commencement date specified in the notice to proceed. 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 Project No. C26014
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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:
Nick Tonkinson
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City’s Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City’s Municipal Code.
4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release 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 perform 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 Project No. C26014
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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. 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 Project No. C26014
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be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
5.0 INSURANCE
5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current 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 Project No. C26014
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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 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:
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.
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.
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(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: 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 to be Project No. C26014
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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 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.
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(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 PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Contractor’s indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors.
8.0 RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
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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.
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 Project No. C26014
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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.
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.
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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. 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 Non-Discrimination. In performing this Agreement, Contractor 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.
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 shall be in writing and may be provided by personal delivery or by U.S. mail, with postage properly prepaid and addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; and (b) on the earlier of the date actually received or on the third day after the postmark if such communication is sent through regular United States mail.
Project No. C26014
16 Rev. 06-2026
To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
To Contractor: CAT Tracking, Inc.
17 Commercial Avenue
Riverside, CA 92507
Attn: Nick Tonkinson
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 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 Project No. C26014
17 Rev. 06-2026
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, 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.
[SIGNATURE PAGE FOLLOWS.]
Project No. C26014
18 Rev. 06-2026
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY OF WEST COVINA,
A municipal corporation
__________________________________
Milan Mrakich
City Manager
CONTRACTOR
__________________________________
Name
Title
ATTEST:
__________________________________
Lisa Sherrick, CMC
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director
Project No. C26014
AGENDA ITEM NO. 7
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, City Manager
SUBJECT: CONSIDERATION OF ACCEPTANCE OF WORK AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE CITYWIDE SIDEWALK, CURB AND GUTTER REPAIR FY 25-26 PROJECT (PROJECTS 26010 & 26013) RECOMMENDATION:
It is recommended that the City Council take the following actions:
Accept the work performed by F.S. Contractors, Inc. for the Citywide Sidewalk, Curb & Gutter Repair FY 25-26 Project (Project Nos. 26010 & 26013) with a final cost of $342,424.00.
1. Authorize the City Manager and Assistant City Clerk to execute the Notice of Completion and file the Notice of Completion with the County of Los Angeles Registrar-Recorder.
2. 3. Authorize the City Manager to release a retention once appropriate.
BACKGROUND:
On December 16, 2025, the City Council awarded a construction services agreement totaling $311,886.00 to F.S. Contractors, Inc., for the Citywide Curb & Gutter Repair Fy 25-26 Project (Project Nos. 26010 & 26013). The project construction budget also included a contingency budget of $46,782.90 (15% of award amount) for any unforeseen conditions as necessary. The total established construction budget was $358,668.90.
The project included curb and gutter repairs at 8 locations and sidewalk restoration at 13 locations throughout the City, as well as additional locations throughout the City (see Attachment No. 2).
DISCUSSION:
All required improvements were constructed in conformance with the approved plans and specifications. The work was performed within the contractually specified duration and to the City Engineer’s satisfaction. Construction costs totaled $342,424.00, which is within the approved construction budget. The finl inspection was done by the CIP Project Manager and a Senior Inspector from Engineering.
The City retains five percent (5%) of each payment to the contractor as retention to ensure payment to subcontractors and material suppliers before final payment to the contractor. The City Council’s acceptance of the project and the City's recordation of the Notice of Completion trigger timeframes within which subcontractors or material suppliers must file claims for payment if they have not been paid by the contractor. If no claims are filed within 35 days of the filing of the Notice of Completion, the City will release retention and any remaining amount due to the contractor.
LEGAL REVIEW:
The City Attorney's Office has reviewed the staff report.
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
Fiscal Impact
FISCAL IMPACT:
This contract was funded under Project Nos. 26010 & 26013 (Funds 128 TDA).
The contract was completed within the approved construction estimate.
Construction Contract $311,886.00
15% Contingency $46,782.90
Total Construction Budget $358,668.90
Actual Expenditures $342,424.00
(Over)/Under Budget $16,244.90
Attachments
Attachment No. 1 - Notice of Completion
Attachment No. 2- Total Location Map
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
A Well-Planned Community
Enhance City Image and Effectiveness
An Accessible Community
ATTACHMENT NO. 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of West Covina
1444 W. Garvey Ave. S.
West Covina, CA 91790
SPACE ABOVE LINE FOR RECORDER’S USE ONLY
EXEMPT FROM RECORDING FEES – GOVERNMENT CODE §§ 6103, 27383
NOTICE OF COMPLETION
(California Civil Code § 9204)
NOTICE IS HEREBY GIVEN that on August 18, 2026, the City Council of the City of West Covina accepted the public work of improvement (“Project”) described herein and the Project was deemed completed on such date.
1. Name and Address of Owner: The City of West Covina (“City”), 1444 W. Garvey Ave. S., West Covina, CA 91790.
2. Description of Project: The Project is known as: Citywide Sidewalk, Curb & Gutter Repair FY 25-26 Project, Project No. 26010/26013.
3. Location of Project: Multiple locations Citywide, including Amar Rd. from Grandview Ln. to Valinda Ave., Azusa Ave. between Vine Ave. and Cameron Ave., Mt. SAC, 419 S. Pima Ave., Glendora Ave. between W. Garvey Ave. S. and West Covina Pkwy., West Covina Pkwy. between Vincent Ave. and Sunset Ave., 763 N. Sunset Ave., 1616 S. Willow Ave., 1209 W. Margarita Ave., and 2001 E. Aroma Dr.
4. Name and Address of Contractor: F.S. Contractors, Inc., 14838 Bledsoe St., Sylmar, CA 91342
5. Date of Agreement: December 16, 2025
6. Name of Surety: RLI Insurance Company
_______________________________________
Milan Mrakich, City Manager Date
City of West Covina
VERIFICATION
I, the undersigned, say: I am the Assistant City Clerk of the City of West Covina, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on _____________________, at West Covina, California. _______________________________
Lisa Sherrick
Assistant City Clerk
PROJECT LOCATION MAP Lark 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 CCO
3 CCO
3 2001 E Aroma Dr
ATTACHMENT NO. 2
AGENDA ITEM NO. 8
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: August 18, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, City Manager
SUBJECT: ANNUAL REVIEW OF FINANCIAL POLICIES
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2026-94 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING THE CITY OF WEST COVINA STATEMENT OF
INVESTMENT POLICY
BACKGROUND:
Financial policies are used to set the baseline standards for how the City will be managed financially.
The City of West Covina has the following financial policies:
Budget Policy
This policy establishes a budget process to help decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process. (Attachment No. 1)
Debt Management Policy
This policy establishes guidelines for the issuance and management of debt. Section 2 of this policy requires the Finance Director to conduct an annual review of the policy and bring forward to the City Council any amendments deemed necessary and appropriate. (Attachment No. 2) Fund Balance Policy
This policy establishes the procedures for reporting unrestricted fund balance in the City's financial statements. Certain commitments and assignments of fund balance help ensure that there will be adequate financial resources to protect the City against unforeseen circumstances and events, such as revenue shortfalls and unanticipated expenditures. (Attachment No. 3) Pension Funding Policy
This policy provides guidance in making annual budget decisions; demonstrates prudent financial management practices; creates sustainable and affordable budgets for pensions; and reassures bond rating agencies. Section III.F. of this policy requires the City to review the policy at least once every two years. (Attachment No. 4)
Investment Policy
The purpose of the Investment Policy is to establish prudent investment cash management guidelines for the City of West Covina, the Successor Agency to the former Redevelopment Agency of the City of West Covina, and the West Covina Community Facilities District. The investment goals of the City are safety, liquidity and yield. Section XX of this policy requires the City to review and approve the policy on an annual basis, with any modifications requiring City Council approval. (Attachment No. 5) DISCUSSION:
It is a best practice, and for some policies a requirement, to conduct an annual review of these policies and bring forward any amendments deemed necessary and appropriate to the City Council for consideration.
No changes are proposed at this time for the Budget, Debt, Fund Balance, Pension or Investment Policies. However; the Investment Policy must be approved annually. In accordance with Section XX of the Statement of Investment Policy, staff recommends that the City Council adopt the proposed resolution to approve the Statement of Investment Policy, as previously approved by the City Council, through the adoption of Resolution No. 2026-94 (Attachment No. 6).
LEGAL REVIEW:
The City Attorney’s Office has reviewed the resolution and approved it as to form.
Prepared by: Karen Ogawa, Finance Director
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:
This is strictly an administrative item, therefore, there is no fiscal impact associated with this action.
Attachments
Attachment No. 1 – Budget Policy
Attachment No. 2 – Debt Management Policy
Attachment No. 3 – Fund Balance Policy
Attachment No. 4 – Pension Funding Policy
Attachment No. 5 – Investment Policy
Attachment No. 6 - Resolution No. 2026-94 Approving Investment Policy CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability City of West Covina
Budget Policy
Updated – May 19, 2020
ATTACHMENT NO. 1
INTRODUCTION
This document defines the policies and procedures for the budget for the City of West Covina.
The procedures serve as a guide for maintaining the City's reputation for fairness and integrity of fiscal responsibility in preparation of the annual budget using proper checks and balances. The budget functions will be conducted using the highest ethical standards.
The objective of the budget policy is to establish a budget process that helps decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process. The term "stakeholder" refers to anyone affected by or has a stake in the City of West Covina with priority to residents and West Covina businesses. The use of "shall" is synonymous with will.
POLICY PURPOSE
Policy and procedures have been established in order to provide the most efficient and effective operations of preparing the budget. The budget process will cover four main Goals:
1. Establish Broad Goals to Guide City Decision Making
• The City Council does adopt broad goals on an annual basis that provide overall direction for the City and serve as a basis for decision making. i. Assess community needs, priorities, challenges and
opportunities.
ii. Identify opportunities and challenges for City services, capital assets, and management.
iii. Develop and disseminate broad goals.
2. Develop Approaches to Achieve Goals
• The City will utilize specific policies, plans, programs, and management strategies to define how it will achieve its long-term goals. i. Adopt and review financial policies.
ii. Develop programs, services, operating, and capital policies and plans.
iii. Develop management strategies.
3. Develop a Budget Consistent with Approaches to Achieve Goals • A financial plan and budget that moves toward achievement of goals, within the constraints of available financial resources, is to be prepared and adopted.
i. Develop a process for preparing and adopting a budget. ii. Make choices necessary to adopt a budget.
4. Evaluate Performance and Make Adjustments
• Programs and financial performance will be continually evaluated, and adjustments made, to encourage progress toward achievinggoals. i. Monitor, measure, and evaluate performance.
ii. Make adjustments as needed.
Goal # 1 - Establish Broad Goals to Guide City Decision Making i. Assess Community Needs, Priorities, Challenges, and Opportunities A. Identify Stakeholder Priorities, Needs, and Concerns • The City Council meetings are an open forum providing opportunity to stakeholders to bring forthconcerns, needs, and priorities. • Among other mechanisms that might be considered are special public hearings, surveys, meetings of leading residents and resident interest groups, City strategic planning processes, meetings with City employees, and workshops involving City administrative staff and/or the CityCouncil.
B. Evaluate Community Condition, External Factors, Opportunities, and Challenges 1
• The City Council will regularly collect and evaluate information about trends in community condition, the external factors affecting it, opportunities that may be available, and problems and issues that need to be addressed.
• Some mechanisms will involve data gathering from pre-existing sources or through opinion surveys.
• Other mechanisms will be subjective, such as observing physical characteristics of geographic areas within the community or talking to residents, experts, business and community leaders, and legislative bodies. Formal studies of particular issues or trends may also beundertaken.
• The frequency and extensiveness of the evaluation should be consistent with how frequently the information changes and the relative importance of the information being gathered.
ii. Identify Opportunities and Challenges for City Services, Capital Assets, and Management
A. Assess Services and Programs, and Identify Issues, Opportunities, and Challenges
• The City shall inventory, identify, and assess the programs and services that it provides, their intended purpose, and factors that could affect their provision in the future.
1 The intent ofthis practice isforthe City to have up-to-date information with which to evaluate community conditions and major issues that are integral to the development and achievement of goals. In evaluating community condition, the City may want to consider local, regional, national, and global factors affecting the community (i.e. economic and financial factors, demographics, physical or environmental factors, changes in technology, etc.).
• Identify the changes in community conditions or other factors that may result in a program or service no longer addressing the needs it was intended to serve. Also, identify any changes in the operating environment that may affect the cost or effectiveness of service delivery in the future.
• The review will involve each department's assessment of the programs'
• purposes, beneficiaries and needs served, their success in achieving goals, and issues, challenges, and opportunities affecting their future provision.
• The inventory of programs and services will identify the organization responsible for service delivery if it is not the City itself. An evaluation of factors affecting service delivery will also be undertaken, such as funding issues; changes in technology; economic, demographic, or other factors that may affect demand; and legal or regulatory changes. These reviews will typically utilize a variety of information sources.
• Stakeholder involvement in these reviews is encouraged, such as through budget study workshops.
B. Assess Capital Assets, and Identify Issues, Opportunities, and Challenges • The City will identify and conduct an assessment of its capital assets, including the condition of the assets and factors that could affect the need for or ability to maintain the assets in the future. The capital assets of the City and their condition are critical to the quality of services provided, and hence are important in determining whether the needs and priorities ofstakeholders can be met.
• The City shall establish a process for inventorying its capital assets and assessing the need for and the condition of these assets. (See Capital Asset Management Policy)
• The City will assess and evaluate issues, challenges, and opportunities affecting the provision of capital assets in the future, such as community needs and priorities;the impact ofdeferred maintenance; funding issues; changes in technology; economic, demographic, or otherfactorsthatmay affect demand; andlegalorregulatory changes.
This review may be undertaken in conjunction with an evaluation of the program or service utilizing the particularassets.
• The assessment of capital asset condition must consider the impact of any deferred maintenance and needed improvements.
Identification or development of measurement standards for the condition of capital assets (including what is regarded as acceptable) are a valuable output of this practice.
C. Assess City Management Systems, and Identify Issues, Opportunities, and Challenges
• The City will identify and analyze its organization and management systems, including system strengths and weaknesses and factors that could affect these systems in the future. The support systems established to manage the City are integral to the achievement of goals.
• The City will inventory management systems by department and routinely identify, analyze, and address issues related to the City's organization and management systems and the environment in which these systems operate.
• Each department will include an examination of strengths and weaknesses of the organizational structure, interdepartmental communication and cooperation, communication of goals and directives, motivation of staff, conflict management, and provision of other internal needs and supportsystems.
• Thereviewwill alsoinclude anassessment ofmanagement policies, procedures, and systems that support achievement of goals. iii. Develop and Disseminate BroadGoals
A. Identify Broad Goals
• The City is to identify broad goals based on its assessment of the community it serves and its operating environment. Broad goals define the priorities and preferred future state of the community or area served. They provide a basis for making resource allocation decisions during the budget process and serve as a focal point for assessing and coordinating various long-range orstrategic plans. • Goals are to be expressed in written form and should reflect stakeholder concerns, needs, and priorities as well as factors affecting the community and the City.
• They must be sufficiently specific to help define the services to be emphasized and make difficult resource allocation decisions in the budget process.
• Define priorities among goals to improve their usefulness in allocating resources.
B. Disseminate Goals and Review withStakeholders
• The City will disseminate broad goals and review them with stakeholders. Disseminating and reviewing goals helps foster participation, awareness, consensus, pride, and a sense of direction. • Dissemination may occur by conducting public forums and by publishing goals in key public documents, such as strategic and other planning documents and budget documents. Electronic media may also be used including the City website.
Goal # 2 - Develop Approaches to Achieve Goals
i. Adopt and Review Financial Policies
A. Develop Policy on Stabilization Funds
• The City developed policies to guide the creation, maintenance, and use of resources for financial stabilization purposes. (See Fund Balance Policy2).
• The policy establishes how and when the City builds up stabilization funds and will identify the purposes for which they may beused.
B. Develop Policy on Fees and Charges3
• The City has established a master fee schedule that identifies the manner in which fees and charges are set and the extent to which they cover the cost of the service provided.
• The fee schedules are to be evaluated annually in the budget process to review all fees and charges, the level of cost recovery for services and the reasonfor any subsidy, and the frequency with which costof- services studies will be undertaken. • Policies on fees and charges are publicly available and summarized in materials used in budget preparation.
C. Develop Policy on Debt Issuance and Management
• The City has established a Debt Management Policy to guide the issuance and management of debt. Issuing debt commits the City's revenues several years into the future and may limit the City's flexibility to respond to changing service priorities, revenue inflows, or cost structures. Adherence to a debt policy helps ensure that debt is issued and managed prudently in order to maintain a sound fiscal position and protect credit quality. compliance.
2 The Fund Balance Policy is reviewed annually to assess the alignment with set goals established in the budget process. The City should evaluate reserves set in the fund balance policy. These funds may be used at the City's discretion to address temporary cash flow shortages, emergencies, unanticipated economic downturns, and one-time opportunities. 3 Costs of service include direct and indirect costs such as operating and maintenance costs, overhead, and charges for use of capital. The City may choose not to recover all costs, but it must identify such costs. Reasons for not recovering full costs will be identified and explained. State and local law may govern the establishment of fees and charges.
• Debt policies are available to the public and other stakeholders.
Because these policies are essential to budget decision making, particularly capital budgets, they will be reviewed by decision makers during the annual budget process and as an appendix in the budget document. Debt Policy will be reviewed for every debt issuance for The City Council has a debt policy and compiles it with other financial policies.
D. Evaluate the Use of Unpredictable Revenues
• One-time or short-term revenues will be identified clearly in the budget process. Unpredictable revenue sources cannot be relied on as to the level of revenue they will generate.
• For each major unpredictable revenue source,the City identifiesthose aspects of the revenue source that make the revenue unpredictable.
Such as, grant supported operating costs.
• One-time revenues will never cover the costs of continuing operating budgets. One-time revenues will only cover one-time costs such as matching requirements, one-time purchases, one-time payments to unfunded liabilities, etc.
E. Develop Policy on Balancing the Operating Budget
• The City defines its Balanced Operating Budget as uses of resources for operating purposes does not exceed available resources over the budget period, July 1 to June 30th.
• The City is committed to a balanced budget under normal circumstances and will provide disclosures when a deviation from a balanced operating budget is planned or when it occurs. A balanced budget is a basic budgetary constraint intended to ensure that the City does not spend beyond its means.
• Operating resources (revenues) includes all taxes, licenses and permits, fines and forfeitures, use of money and property, charges for services, interdepartmental charges, miscellaneous revenues and intergovernmental revenues in the General Fund, Special Revenue Funds, Capital Projects, Debt Service Funds, and Internal Service Funds.
• Operating uses(expenditures)arepersonnelservice costs,material and service costs, capital purchases, and interdepartmental allocations. ii. Develop Programs, Services, Operating, and Capital Policies and Plans A. Prepare Policies and Plans to Guide the Design of Programs and Services • Service and programs directly relate to strategies identified by the City to achieve set goals.
• Each department of the City, such as City Council, City Manager, City Clerk, Police, etc. identify the programs and services along with groups or populations to be serviced, service delivery issues, specific programs listed with standards of performance (including level of service standards or other measures to gauge success), expected costs, time frames for achievement of goals, issues pertaining to organization structure, and priorities for service provision. • Each department identifies their goals and achievements by department which should correlate to overall goals of the City. • Each department identifies the resources (revenues) used to obtain the goals.
B. Prepare Policies and Plans for Capital Asset Acquisition, Maintenance, Replacement, and Retirement
• The City will annually evaluate the need to budget for acquisition, maintenance, replacement, and retirement of capital assets to help ensure that needed capital assets or improvements receive appropriate consideration in the budget process and that older capital assets are considered for retirement or replacement. This is necessary to plan for large expenditures and to minimize deferredmaintenance. • Annual budget evaluation may address inventorying capital assets and evaluating their condition, criteria for acceptable condition, criteria for continued maintenance versus replacement or retirement of an existing asset, and identification of funding for adequate maintenance and scheduled replacement of capital assets.
• Any assets identified as corning due for replacement will be addressed in multi-year budgets to address replacement and renewal schedules and must recognize the linkage of capital expenditures with the annual operating budget.
• Plans for addressing deferred maintenance may also be an output of this practice. Once adopted, which may be included in the Capital Improvement Program (CIP) Budget, the plan will be made publicly available, particularly as set forth in budget, management, and planning documents.
C. Develop Options for Meeting Capital Needs and Evaluating Acquisition Alternatives4
• The City develops Capital Improvement Program Budgets to address 4 City is to conduct quarterly reviews of existing capital projects in relation to goal attainment and to maintain, renovate, and replace, City facilities. Various considerations to be part of evaluation (i.e. costs, impacts on service, funding levels, use of non-General Funds, stakeholder input, etc.).
• capital needs that are consistent with financial, programmatic, and capital policies and to evaluate alternatives for acquiring the use of capital assets. Capital project planning is necessary to give adequate consideration to longer-range needs and goals, evaluate funding requirements and options, and achieve consensus on the physical development of the community.
• Annually in the budget process the City evaluates alternative mechanisms to help ensure that the best approach for providing use of acapital asset orfacility is chosen based on the policies and goals ofthe City.
• The City uses the CIP Budget to identify capital projects that are needed to achieve goals and a general time frame in which these assets will be needed.
D. Develop Performance Measures
• The City will annually, during the budget process, review and develop and utilize performance measures for functions, programs, and/or activities. Performance measures are used for assessing how efficiently and effectively functions, programs, and activities are provided and for determining whether program goals are being met. • Performance measures may be linked to specific program goals and objectives.
• The measures are to be valid, reliable, and verifiable. • Whenever feasible, they should be expressed in quantifiable terms. • Measures will be reported in periodic reviews of functions and programs, staff reports, and should be integral to resource allocation decisions.
• They also are to be reported in the budget document and may be reported in separate management reports or reports to residents. • Different aggregations of performance measures may be appropriate for different audiences.
iii. Develop Management Strategies
A. Develop Strategies to Facilitate Attainment of Program and Financial Goals • The City has an organizational structure and management strategies that facilitate attainment of program and financial goals. Goals are more likely to be achieved if organizational and management strategies are developed to support and encourage organizational and individual performance directed toward goal attainment. • The City has developed a means to review, improve, and implement strategies that encourage the City and its employees to work toward achievement of goals.
• These strategies include both positive incentives and penalties.
• They also include support systems such as technology support, education, and training.
B. Develop Mechanisms for Budgetary Compliance
• Finance provides monthly budget to actual reports to each department head and City Manager to ensure proper review for compliance with the adopted budget. Appropriate management processes and systems allow the City to detect and correct significant deviation if it occurs.
• On a quarterly basis Finance provides budget to actual reports to department heads and City Council.
• These reports provide measures of departments' budget. • Budgetary compliance is encouraged through use of data collection and reporting systems that control disbursements of funds and that facilitate the evaluation of revenue and expenditure trends and financial projections.
• City Manager will address any deviation of the budget to actual report (i.e. budget amendments).
• The City has instituted procedures to review the budget quarterly and decide on actions to bring the budget into balance, if necessary.
C. Develop the Type, Presentation, and Time Period of the Budget • The City will annually present the budget, which will cover the fiscal year July 1st through June 30th. The type of budget, the time period covered, and the manner of presenting materials in the budget documents can have a significant practical impact on the City's approach to planning, control, and overall management of its programs, services, and finances, and on the quality of information provided to stakeholders.
• The output of the budget will provide fund level and department level program information for the full fiscal year. The adopted budget will be provided to all stakeholders on the City website.
• A formal review will be undertaken periodically to ensure that the budget type, time period, and approach to presenting the budget continue to meet the needs and priorities of the City. Such a review will be broadly focused, and not directed simply at the format of individual pages.
Goal# 3-Develop aBudget Consistent with Approaches toAchieve Goals i. Develop a Process for Preparing and Adopting a Budget A. Develop a Budget Calendar
• The City publishes a comprehensive budget calendar that specifies when budget tasks are to be completed and that identifies timelines for those tasks. This includes budget workshops available to the public.
Stakeholders need to be aware of when key budget tasks, events, and decisions will occur so they have an opportunity to plan and to participate in the process. The preparation of a calendar helps ensure that all aspects of the budget process have been considered and that adequate time has been provided.
• Multiple calendars can be produced, each with different levels of detail and emphasis to meet the needs of the different types of stakeholders. (i.e. Internal Calendar and Public Calendar). • Calendars list the dates of key events and deadlines. • At least one calendar describes the overall budget and planning process and identify roles, responsibilities, and assignments. • To ensure the greatest impact, calendars will identify when and how stakeholders can participate in the process.
B. Develop Budget Guidelines and Instructions
• The City will develop annual general policy guidelines and budget preparation instructions for each budget cycle and accompany the internal budget calendar. Budget guidelines and instructions help ensure that the budget is prepared in a manner consistent with government policies and the desires of management and the City Council. Instructions are necessary so that all participants know what is expected, thereby minimizing misunderstanding and extra work. • Budget guidelines are specific to the particular budget under development and will incorporate relevant aspects of the City's financial policies.
• Each department is required to provide the Projected Actuals for revenues and expenditures of the current year for their respective department.
• Each department is required to provide Proposed Revenues and Appropriations for the upcoming fiscal year for their respective department.
• Guidelines and instructions may set forth financial constraints and key assumptions that will be used to guide development of the budget, as well as policy direction.
• Instructions often include sample forms to be completed by the operating departments. Guidelines and instructions are prepared in a
written format but may also be presented in an electronic format or through training and/or an oral presentation.
C. Develop Mechanisms for Coordinating Budget Preparation and Review • The City has developed mechanisms and assigned responsibilities to provide for overall coordination of the preparation and review of the budget. The complete budget process involves many levels, departments, and individuals in the City, as well as a number of distinct processes and disparate groups of stakeholders. Coordination is needed to ensure that processes move forward as planned, to prevent confusion and misinformation, and to ensure appropriate stakeholders are involved.
• The Finance Department is the single point of coordination for all departments.
• The Finance Department's coordination process will involve a number of tasks: developing a calendar, identifying responsibilities for completing various tasks, ensuring that various parts of the budget process are properly integrated, keeping the process on schedule, producing reports, identifying issues and problems, and ensuring that other requirements are met and quality standards aremaintained. • The Finance Director has ultimate responsibility for coordinating the budget process and will respond to stakeholder issues and concerns that arise in the context of the budget process with direction from the City Manager and City Council.
D. Develop Procedures to Facilitate Budget Review, Discussion, Modification, and Adoption
• The City has a process to facilitate the review, discussion, modification, and adoption of a proposed budget. Appropriate procedures are needed to resolve conflicts, to promote acceptance of the proposed budget by stakeholders, and to assist in timely adoption of the budget.
• This process allows stakeholders to be informed of the budget proposal and to allow the legislative body to achieve consensus and adopt a budget.
• Some examples include: small group meetings, hearings, workshops, independent analysis, specific decision-making techniques and procedures, conflict resolution processes, and methods for presenting portions of the budget.
E. Identify Opportunities for Stakeholder Input
• The City provides opportunities in the budget process for obtaining stakeholder input.5 By definition, stakeholders are affected by the City's resource allocation plans and service and program decisions.
Stakeholders should have clearly defined opportunities to provide input. This helps ensure that stakeholder priorities are identified and enhances stakeholder support for the approved budget.
• Stakeholder input can be obtained in a number of ways, including public hearings, advisory commissions, informal conversations, roundtable briefings, televised and live online broadcast, opinion surveys, neighborhood meetings, office hours, letter writing, telephone calls, and e-mail.
• The budget calendar should identify specific opportunities for resident input where City officials are available to explain issues and choices and to receive comments.
ii. Make Choices Necessary to Adopt a Budget
A. Prepare and Present a Recommended Budget
• The City will prepare and present a recommended comprehensive program and financial plan (the ''budget'') for review by stakeholders and consideration for adoption by the City Council. A complete plan is necessary to allow stakeholders to be informed on how well all the different aspects of the plan fit together and whether there is an appropriate balance of resources and assigned uses.
• The proposed budget will consist of a set of recommended actions regarding programs and servicesto be funded, including service level, quality, and goals to be achieved.
• It will also identify funding requirements and sources of funds and provide the supplemental information necessary to review the plans. • The budget is to be consistent with policies and goals set by the City. • The recommended budget must also comply with any statutory requirements.
5 The budget process should include opportunities for all stakeholders to participate. A general-purpose public hearing shortly before final decisions are made on the budget is not adequate as the sole means of soliciting stakeholder input, especially on major issues. The process developed for obtaining stakeholder input should ensure that information is gathered in a timely and complete manner to be useful in budget decision making, such as City workshops.
B. Present the Budget in a Clear, Easy-to-use Format
• Budget documents and related materials made available to stakeholders is to be presented in a clear and readily comprehensible format. The budget is the guide that determines the direction of the City. It is arguably the single most important document routinely prepared by the City. To be usable, it not only must contain the appropriate information, but must also be prepared in a manner that is clear and comprehensible.
• Some items in a budget document that will assist the reader include:
a table of contents, summaries, a consistent format, high-level summary information that describes overall funding sources and the organization as a whole, a description of the overall planning and budgeting process and the interrelationships of those various processes,supplementary information about the City and the area for which it has responsibility, charts and graphs to better illustrate important points, succinct and clearly- written summaries, uncluttered pages, and detailed information placed in appropriate locations so that it does not overwhelm the reader.
• Similar requirements apply to the non-written means (e.g., audio, video) of presenting budget material to stakeholders at various times during the budget process.
C. Adopt the Budget
• The City should adopt a budget that meets all statutory requirements prior to the beginning of the fiscal year.6 The timely adoption of a budget permits the City to proceed with implementing programs and services that further the achievement of goals.
• The adopted budget will clearly present the financial, operating, and capital plan.
• It includes all operations and funds, although not necessarily at the same level of detail.
• Non-appropriated funds, revolving funds, and any other planned revenues and expenditures are alsoincluded.
• Whenever feasible, the adopted budget should include (though not necessarily in a single document) all statutorily required materials such as the appropriation ordinance.
• Legally required documents that otherwise do not contribute to an understanding of the budget may be included as an appendix. 6 If there are delays in adopting the budget, actions are to be taken to minimize uncertainty when the new budget period starts, as appropriate. A continuing appropriation may be legally required.