Agenda, regular meeting — Covina City Council, July 5, 2022 (part 3 of 3)

ATTACHMENT A

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

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

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

10. Indemnification.

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

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

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ATTACHMENT A
Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

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

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

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

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

11. Insurance.

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

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

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

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

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

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

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate

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ATTACHMENT A
the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

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

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

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

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

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

12. Mutual Cooperation.

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

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

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ATTACHMENT A

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

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

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

Consultant will take affirmative action to ensure that subcontractors and applicants are employed,

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ATTACHMENT A
and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

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

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

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ATTACHMENT A

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: City Clerk
Consultant:

CEJ Engineers, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

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

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ATTACHMENT A

EXHIBIT A

APPROVED FEE SCHEDULE

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ATTACHMENT A

EXHIBIT B

SCOPE OF SERVICES

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ATTACHMENT A

EXHIBIT C

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

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

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

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

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

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

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

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

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

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

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

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ATTACHMENT A
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 May 23, 2022

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROPOSAL FOR PROFESSIONAL ELECTRICAL ENGINEERING SERVICES FOR THE REPLACEMENT OF THE COVINA POLICE DEPARTMENT 250KV

EMERGENCY GENERATOR
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
 Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.

Respectfully Submitted,
Joaquin Cervantes, P.E.

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

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ATTACHMENT B
COVINA POLICE DEPARTMENT 250KV EMERGENCY GENERATOR
Pg. 2
Scope of Work
The following tasks will give a detailed description of the professional services included in this Scope of Work and our Project Approach.

Project Understanding
Per the City’s RFP. The following describes the scope of work:

Construction Plans
Task 1 -PROJECT ADMINISTRATION AND COORDINATION
Kick-off Meeting – CEJ will conduct a kick-off meeting with the City staff to review the scope of the project and to develop a project schedule and confirm deliverable dates and deadlines.

Task 2- FIELD SURVEY AND RESEARCH

2.1 Perform field survey for the subject project. CEJ will establish field measurements necessary to produce a 1”=20’ scale digital site map.

2.2 We will provide a map showing detailed at 1”=20’ scale using AutoCAD on 24” X 36” sheets. The map will show all existing conditions, will identify all features including the following:
a. All utilities within the limits of this survey.
b. Location of existing generator and electrical service cabinets c. Existing buildings
Task 3- ELECTRICAL PLANS
A. Electrical: Engineering services will include planning and design for the following:

1. Prepare site power drawings for the emergency generator replacement only.

2. Propose new electrical main switchboard.

3. Fire alarm/fire sprinkler/life safety systems are NOT included.

4. Low voltage communication systems are NOT included.

5. Structural drawings and calculations are NOT included.

B. GENERAL: The following conditions are also applicable to this proposal for engineering services:

1. One time site visit is included.

2. Coordination with all other participating professional disciplines and Owner’s staff is included.

3. Normal reviews and back check with agencies are included.

4. Plan submittal is NOT included (by Client).

5. The above fees do NOT include CSI specification books. Equipment specifications will be noted on the drawings.

6. Commissioning/Design Review/Green Building Tests and Verifications are NOT included.

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ATTACHMENT B

COVINA POLICE DEPARTMENT 250KV EMERGENCY GENERATOR
Pg. 3
Task 4- Engineers Estimate
CEJ will prepare and submit a final construction cost estimate. Preliminary construction estimates will be updated monthly and will be submitted to the city as design work progresses. CEJ will prepare a final detailed engineer's estimate prepared in Microsoft Excel spreadsheet format that includes the bid items described within the contract specifications. The estimate will be based upon recent bid prices for similar projects as maintained by CEJ and Caltrans. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request.

CEJ will address all comments and obtain final design approval from the City of Covina.

PROJECT SUBMITALLS
Each sheet of plans will include the City of Covina title blocks and shall bear the professional seal, certificate number, registration classification, and expiration date of the professional responsible for their preparation.

The signature of the responsible shall include on final submittals. Review submittals will be half size (11” x 17”); five copies. An electronic copy (PDF format) will also be required.

The 90% and 100% Final submittals.
100% Final Submittal Material will include the following item:
• Final Contract Plan Submittal – On Mylar and stamped by the Engineer Final plans, specifications, and estimates will be provided on “D” size Mylar, three sets of copy’s and in electronic format to the City on a CD and PDF version.

Proposed Fee
Proposed lump sum fee to not exceed $50,000.00

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ATTACHMENT B

COVINA POLICE DEPARTMENT 250KV EMERGENCY GENERATOR
Pg. 4
CLIENT: City of Covina CEJ Engineers Inc
PROJ: PD GENERATOR
JOB NO: SUMMARY PROPOSAL FEE
DATE: 05/23/22
LABOR Task 1 PROJECT MANAGEMENT
Class Position/Name Hours Rate Subtotal
B Project Manager 40 $180 $7,200
Subtotal $7,200
LABOR Task 2 FIELD SURVEY AND MAPPING
B Senior Project Engineer 12 $190 $2,280
CADD Designer / Surveying assintan 24 $110 $2,640
Subtotal $4,920
LABOR Task 3 ELECTRICAL PLANS
B 3.1 Senior Project Engineer 40 $150 $6,000
B 3.1 CADD Designer / Technician 120 $120 $14,400

DETAILS
B 3.1 Senior Project Engineer 24 $150 $3,600
B 3.1 CADD Designer / Technician 59 $120 $7,080
Subtotal $31,080
LABOR Task 4 ENGINEERS ESTIMATE
B Senior Project Engineer 8 $150 $1,200
B CADD Designer / Technician 16 $110 $1,760
Subtotal $2,960
LABOR Task 5 SPECIFICATIONS
B Senior Project Engineer 8 $150 $1,200
B Technician 24 $110 $2,640
Subtotal $3,840

PROPOSED FEE
PROPOSED FEE: $50,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

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ATTACHMENT B
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: CC Regular Meeting - Jul 05 2022
Title: Ordinance 22-09 for Zoning Code Amendment (ZCA) 22-001 to Amend Chapter 17.32 (“Residential Recreation”) of Title 17 (Zoning) of the Covina Municipal Code to Add On-site Sale of Beer and Wine, Accessory to a Permitted Use, as a Conditionally Permitted Use - Second Reading and Adoption
Presented By: Brian Lee
Recommendation: Adopt on second readingOrdinance 22-09, “An ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-001, to amend Chapter 17.32 of the Covina Municipal Code (R-R Residential Recreation Zone), to add on-site consumption of beer and wine, accessory to a permitted use, as a conditionally permitted use, and making a determination of exemption under CEQA”.

EXECUTIVE SUMMARY:

Ordinance 22-09 (Attachment A) was approved at introduction by a 4-0-1 vote (Councilmember King absent) of the City Council at the June 21, 2022, City Council Meeting.

BACKGROUND:

DISCUSSION:

It is recommended that City Council adopt on second reading Ordinance 22-09 entitled, “An ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 22-001, to amend Chapter 17.32 of the Covina Municipal Code (R-R Residential Recreation Zone), to add on-site consumption of beer and wine, accessory to a permitted use, as a conditionally permitted use, and making a determination of exemption under CEQA".

FISCAL IMPACT:

There is no fiscal impact for a second reading and adoption of an ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Ordinance 22-09
Respectfully submitted,

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ORDINANCE 22-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 22-
001, TO AMEND CHAPTER 17.32 OF THE COVINA MUNICIPAL CODE (R-R RESIDENTIAL RECREATION ZONE), TO ADD ON-SITE

CONSUMPTION OF BEER AND WINE, ACCESSORY TO A PERMITTED

USE, AS A CONDITIONALLY PERMITTED USE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, on May 24, 2022, the Planning Commission conducted a public meeting at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-001, the Planning Commission closed the public hearing on that same date and adopted Resolution 2022-010 PC, by a 4-1 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 22-001 and adopt this proposed Ordinance; and WHEREAS, CMC Section 17.80.050.C. provides that within thirty (30) days after the conclusion of the public hearing, the Planning Commission must file its recommendation with the City Council, together with a report of findings, hearings and other supporting data; and WHEREAS, CMC Section 17.80.060 provides that the hearing date must be set by the City Clerk for not more than thirty (30) days after the filing of the Planning Commission’s recommendation; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the notice. Further, the City Council may adopt by ordinance the amendment recommended by the Planning Commission after holding at least one public hearing thereon. The City Council may modify the amendment recommended by the Planning Commission, provided the proposed modification has been referred back to the Planning Commission for a report, pursuant to Sections 17.80.070.C and D; and WHEREAS, on June 21, 2022 the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 22- 001 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 22-001. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 22-001, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

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

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SECTION 1. Pursuant to a Council public hearing conducted on June 21, 2022 and processing in the manner set forth by State law and local ordinance, and after written recommendation thereon by the Planning Commission (Resolution 2022-010 PC) after a duly noticed public hearing on May 24, 2022, this Zoning Code Amendment amending Chapter 17.32 is made for the reasons of public interest, convenience, and necessity.

SECTION 2. Section 17.32.030 of Chapter 17.32 R-R Residential Recreation is amended to read as follows:

Conditional Uses:
a. All those uses permitted with a conditional use permit (“CUP”) in the R-R Residential Recreation Zone under the Covina Zoning Code; plus
b. On-site consumption of beer and wine (Type 41 ABC License), accessory to a R-R permitted use, and shall be subject to the same ABC-associated licensing criteria.

SECTION 3. The development standards set forth in the Covina Municipal Code for the R-R Residential Recreation Zone shall apply to all properties with the R-R classification.

SECTION 4. After giving full consideration to all evidence presented at said hearing, both oral and documentary, reviewing the recommendation of the Planning Commission, and after being fully informed, the City Council hereby finds as follows:

1. The amendment to the R-R Residential Recreation Zone is consistent with the Covina General Plan. The zones will continue to conform to the existing "Park" land use designation set forth in the General Plan.

2. The amendment to the R-R Residential Recreation Zone is in the public interest and reasonably related to the public welfare because it reasonably regulates new types of business use that were not previously recognized or regulated by Covina. Further, by making them a conditional use, this will allow the Planning Commission to review and approve such uses through the public hearing process and, if approved, to impose reasonable conditions of approval to address any negative land use impacts tied to such uses. This balances the policies of the General Plan and Zoning Code to promote moderate economic development in the City with the need to protect the public from the negative impacts tied to alcohol sales.

SECTION 5. In considering this application relative to the California Environmental Quality Act (CEQA) Guidelines, the City Council affirms the determination of the Planning Commission that this Zoning Code Amendment is not subject to the CEQA pursuant to CEQA Guidelines Sections 15061( b)( 3). The addition of the use to allow on-site sales of beer and wine as an accessory use is not a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. The Zoning Code Amendment (ZCA) 22-001 amending Chapter 17.32 RR Residential Recreation Zone, as set forth in Section 3 above is hereby granted.

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SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 8. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

PASSED, APPROVED and ADOPTED this __ day of ____, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

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CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance No. 22-XX was introduced for first reading at a REGULAR meeting on the 21st day of June, 2022.

Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the __th day of _________ 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: CC Regular Meeting - Jul 05 2022
Title: Ordinance 22-10 Amending Title 13 of the Covina Municipal Code Pertaining to Water Conservation for Water Services Provided by the City - Second Reading and Adoption Presented By: Andy Bullington, Director of Public Works Recommendation: Adopt on second reading Ordinance 22-10 entitled, “An Ordinance of the City Council of the City of Covina, California Amending Title 13 of the Covina Municipal Code Pertaining to Water Services Provided by the City and Water Conservation.” EXECUTIVE SUMMARY / BACKROUND:

Ordinance 22-10 (Attachment A) was approved at introduction by a 4-0-1 vote (Councilmember King absent) of the City Council at the June 21, 2022, City Council Meeting.

DISCUSSION:

It is recommended that City Council adopt on second reading Ordinance 22-10 entitled, “An Ordinance of the City Council of the City of Covina, California Amending Title 13 of the Covina Municipal Code Pertaining to Water Services Provided by the City and Water Conservation.” FISCAL IMPACT:

There is no fiscal impact associated with the proposed water conservation ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Ordinance 22-10
Respectfully submitted,
ORDINANCE 22-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA AMENDING TITLE 13 OF THE COVINA MUNICIPAL CODE

PERTAINING TO WATER SERVICES PROVIDED BY THE CITY AND WATER

CONSERVATION

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 13.06 of Title 13 of the Covina Municipal Code is hereby amended to read as follows:
"Chapter 13.06

WATER CONSERVATION
Sections:

13.06010 Purpose and Intent

13.06.020 Definitions

13.06.030 Application

13.06.040 Permanent Water Conservation Requirements - Prohibition Against Waste

13.06.050 Level I Water Supply Shortage

13.06.060 Level 2 Water Supply Shortage

13.06.070 Level 3 Water Supply Shortage - Emergency Conditions

13.06.080 Level 4 Water Supply Shortage - Emergency Conditions

13.06.090 Procedures for Notification of Water Supply Shortage

13.06.100 Hardship Waiver

13.06.110 Penalties and Violations

13.06.010 Purpose and Intent.

A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the City of Covina’s jurisdiction through conservation and education, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, maximize the efficient use of water within the City of Covina to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. The provisions of this chapter also provide the City of Covina the means to adjust, set and enforce any new conditions as a functional response to any new or added water supply shortage regulations ordered at the local, state or federal government level.

B. This chapter establishes permanent water conservations standards intended to alter behavior related to water use efficiency at all times and further establishes four levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to

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worsening drought or emergency conditions and decreasing supplies. The City of Covina reserves the right to enhance or modify these standards as needed to mirror updated guidance from local, state, or federal government regulations.

13.060.020 Definitions.

The following words and phrases whenever used in this chapter shall have the meaning defined by this Section.

A. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the City of Covina or any other user of water provided by the City of Covina.

B. "Landscape irrigation system" means an irrigation system with pipes, hoses, tubing, spray heads, or sprinkling devices that are operated by hand or through an automated system.

C. "Large landscaped areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to or greater than one (l) acre of irrigable land.

D. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.

E. "Potable water" means water which is suitable for drinking.

F. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.

13.06.030 Application.

A. The provisions of this chapter apply to any person in the use of potable water provided by the City of Covina.

B. The provisions of this chapter do not apply to the following:
l. Uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

2. The use of recycled water, with the exception of Section 13.06.040(A).

3. The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

13.06.040 Permanent Water Conservation Requirements - Prohibition Against Waste.

The following water conservation requirements are effective at all times and are permanent. Violations of this Section shall be considered waste and an unreasonable use of water.

A. Limits on watering hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m.

Pacific Time on any day, except by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

B. Limit on watering duration. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than fifteen minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow, driptype irrigation systems when no emitter produces more than two gallons of water per hour and weather-based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.

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C. No excessive water flow or runoff. Watering or irrigating lawn, landscape, or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

D. No washing down hard or paved surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive, selfclosing shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom.

E. Obligation to fix leaks, breaks, or malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than five days of receiving notice from the City is prohibited.

F. Re-circulating water required for water fountains and decorative water features.

Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited.

G. Limits on washing vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by the use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing, shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.

H. Drinking water served upon request only. Eating or drinking establishments, including but not limited to a restaurant, hotel, café, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. This subsection does not apply to permanently installed public drinking fountains.

I. Commercial lodging establishments must provide guests option to decline daily linen services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

J. No installation of single pass cooling systems. Installation of single pass cooling systems is prohibited in buildings requesting new or increased capacity water service.

K. No installation of non-re-circulating system in commercial car wash and laundry facilities. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

L. Restaurants required to use water conserving dish wash spray valves. Food preparation establishments, such as restaurants or cafes , are prohibited from using non-water conserving dish wash spray valves.

M. Commercial car wash systems. Effective on January l, 2011, all commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver from this requirement from the City.

13.06.050 Level 1 Water Supply Shortage.

A. A Level 1 Water Supply Shortage exists when the City Manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or

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threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. In addition to the prohibited uses of water identified in Section 13.06.040, the following water conservation requirements shall be in effect during a declared Level 1 Water Supply Shortage:
l. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the Director of Public Works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than fifteen minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour.

This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

13.06.060 Level 2 Water Supply Shortage.

A. A Level 2 Water Supply Shortage exists when the City Manager or designee thereof determines that due to drought or other water supply conditions, a water supply shortage or threatened water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions.

B. In addition to the prohibited uses of water identified in Sections 13.06.040 and

13.06.050, the following additional water conservation requirements shall be in effect during a declared Level 2 Water Supply Shortage:

1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the Director of Public Works. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than ten minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour.

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isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

3. Filling or re-filling ornamental lakes or ponds is prohibited except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of supply shortage level.

4. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by the use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, by high-pressure/low-volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water.

13.06.070 Level 3 Water Supply Shortage – Emergency Conditions.

A. A Level 3 Water Supply Shortage condition is also referred to as an ‘Emergency’ condition. A Level 3 condition exists when the City Manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 3 Water Supply Shortage condition, the Director of Public Works will implement the mandatory Level 3 conservation measures identified in this Section.

B. In addition to the prohibited uses of water identified in Sections 13.06.040,

13.06.050, and 13.06.060, the following additional water conservation requirements shall be in effect during a declared Level 3 Water Supply Shortage Emergency:

1. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the Director of Public Works. Watering or irrigating of lawn, landscape, or other vegetated areas with potable water using a landscape irrigation system or water device that is not continuously attended is limited to no more than eight minutes per day per station. This subsection does not apply to landscape irrigation zones that exclusively use very low-flow drip irrigation systems when no emitter uses more than two gallons of water per hour. This subsection also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing, shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Any irrigation system shall apply water at a weekly volume not to exceed that consistent with the one-day watering restriction.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

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13.06.080 Level 4 Water Supply Shortage – Emergency Conditions.

A. A Level 4 Water Supply Shortage condition is also referred to as an 'Emergency' condition. A Level 4 condition exists when the City Manager or designee thereof declares a water shortage emergency and notifies residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. During a Level 4 Water Supply Shortage condition, the Director of Public Works will implement the mandatory Level 4 conservation measures identified in this Section.

B. In addition to the prohibited uses of water identified in Sections 13.06.040, 13.06.050,

13.06.060, and 13.06.70, the following additional water conservation requirements shall be in effect during a declared Level 4 Water Supply Shortage Emergency:
l . Watering or irrigating lawn, landscape, or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use, if they are necessary to support health of trees or other perennials or the ability to recover after restrictions are lifted, unless the Director of Public Works has determined that recycled water is available and may be applied to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing shut-off nozzle or device. b. Maintenance of existing landscape necessary for fire protection.
c. Maintenance of existing landscape for soil erosion control. d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species.
e. Maintenance of landscape within active public parks and playing fields, provided that such irrigation does not exceed one day per week according to the schedule and time restrictions established in Section 13.06.070(B)(l) and Section 13.06.040(A).
f. Actively irrigated environmental mitigation projects.

2. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the City unless other arrangements are made with the City. Whenever possible, the water user must immediately isolate or valve off any part of their distribution system or irrigation system for the express purpose of eliminating water waste until permanent repair can be made.

3. During a Level 4 Water Supply Shortage Emergency, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to service or provide potable water service, such as will serve letters, certificates, or letters of availability, will be issued, except under the following circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public health, safety, and welfare, or
c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the Director of Public Works.

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This subsection does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of six months or less.

4. The Director of Public Works, in his or her sole discretion, may discontinue service to consumers who willfully violate provisions of this Section.

5. During a Level 4 Water Supply Shortage Emergency, the City will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.

13.06.090 Procedures for Notification of Water Supply Shortage.

The existence of a Level l , Level 2, Level 3 or Level 4 water supply shortage condition will take effect on the tenth day after the date the shortage is declared. Declaration may be made by the Director of Public Works via City-wide notice, such as a posting on the City website, or comparable notification. Within five days following the declaration of the shortage level, the Director of Public Works or designee thereof must publish a notice of the declaration of water supply shortage in a newspaper used for publication of official notices, post the notice in the same location and manner as other official notices of the City are posted, and use whatever means are reasonably available, including but not limited to the City's website, the emergency telephone notification system, and regular billing statements, to notify customers of the shortage declaration.

13.06.100 Hardship Waiver.

A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, the person or property owner may apply for a waiver to the requirements as provided in this Section.

B. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.
l. Application for waiver must be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount set by resolution of the Covina City Council.

2. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. An application for waiver will be denied unless the Director of Public Works finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City, all of the following:
b. a. The waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; Because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

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c. The authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest; and d. The condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent, or general in nature.

4. The Director of Public Works or designee thereof must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, modify, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property or use during the period of the mandatory water supply shortage condition. The decision of the Director of Public Works may be appealed as provided within the water utility's approved rules and regulations.

13.06.110 Penalties and Violations.

A. At the sole discretion of the City, any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days or by a fine not exceeding one thousand dollars, or by both.

B. At the sole discretion of the City, in lieu of prosecution as a misdemeanor, any violation of this chapter may result in a penalty being assessed to a person's water utility bill, as follows:
l . First Violation. The City will issue a written warning and deliver a copy of this Ordinance either by mail or by hand delivery to the property.

2. Second Violation. A second violation within the preceding twelve calendar months is punishable by the levying of an assessment of $100.00 upon the responsible person's water bill.

3. Third Violation. A third violation within the preceding twelve calendar months is punishable by the levying of a non-compliance assessment of $200.00 upon the responsible person's water bill.

4. Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by the levying of a non-compliance assessment of $400.00 upon the responsible person's water bill.

5. Water Flow Restrictor. In addition to or in place of any non-compliance assessments, the City, in its sole discretion, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services forty-eight hours after written notice of intent to install a flow restrictor is issued.

6. Discontinuing Service. In addition to or in place of any non-compliance assessments and/or the installation of a water flow restrictor, the City may, in its sole discretion, disconnect a customer's water service for willful violations of mandatory conservation measures contained within this chapter.

C. A person or entity that violates any of the provisions of this chapter is responsible for payment of the City's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the City before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

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D. Each day that a violation of this chapter occurs is a separate offense.

E. A consumer may appeal a Notice of Violation or violation penalty assessment by filing a written appeal as prescribed within the water utility's approved rules and regulations." SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose.

PASSED, APPROVED and ADOPTED this __ day of ____, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

___________________________________
CANDICE K. LEE, City Attorney

Page 10 of 11 ends

Ordinance 22-10 Page 10 of 10

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-10 was introduced for first reading at a regular meeting on the 21st day of June, 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 11 of 11 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Jul 05 2022
Title: City Wide Pavement Management Program Update
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Award contract for preparation of the City-Wide Pavement Management Program Update to Bucknam Infrastructure Group, Inc. in the amount of $53,497 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the Citywide Pavement Management Program Update which consists of an inventory of City streets and identification of segments requiring rehabilitation, replacement and associated improvement costs.

The City is responsible for the operation, repair and maintenance of approximately 126.7 section miles of streets.

The Los Angeles County Metropolitan Transportation Authority (Metro) requires local agencies to develop and adopt a pavement management program every two years as a condition of state grant eligibility (California Streets and Highway Code, Section 2108.1). The program requires the City to maintain an inventory of City streets and identify sections in need of rehabilitation or replacement as well as pertinent construction costs. The survey inventories are based on the Pavement Condition Index (PCI), which uses a rating system of 0-100 to give an overall indication of the pavement conditions, where 100-86 Very Good, 75-85 Good, 60-74 Fair, 41-59 Poor and 0-40 Very Poor.

DISCUSSION:

Informal Request for Proposals (RFP) were requested and proposals were received with the following:

Rank Consultant Location Cost
1 Bucknam Infrastructure Group, Inc. Oceanside, CA $53,497 2 CEJ Engineers, Inc. Walnut, CA $85,500
3 RSCC Engineering, Inc. Irwindale, CA No Response
Staff reviewed all proposal documents as well as the consultants’ background and recent projects for competency and responsiveness to the deliverables identified in the RFP. Staff determined that Bucknam Infrastructure Group, Inc. is the successful lower bidder.

FISCAL IMPACT:

A funding amount of $53,947 in Measure M Fund is available within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

ATTACHMENTS:

Attachment A - Professional Service Agreement, Bucknam Infrastructure Group Inc Attachment B - Proposal, Bucknam Infrastructure Group Inc Respectfully submitted,

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 5, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Bucknam Infrastructure Group, Inc. California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform the preparation of the City-Wide Pavement Management Program Update.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond June 30, 2024.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Fifty-Three Thousand Four Hundred Ninety-Seven Dollars ($53,497.00) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

Page 3 of 31 ends

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

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

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

10. Indemnification.

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

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

11. Insurance.

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

Page 8 of 31 ends

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

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

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

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

12. Mutual Cooperation.

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall,

Page 10 of 31 ends

ATTACHMENT A
without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Peter Bucknam, President City of Covina Bucknam Infrastructure Group, Inc
125 E. College Street 3548 Seagate Way, Suite 230
Covina, California 91723 Oceanside, CA 92056

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

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

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

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ATTACHMENT A

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

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: City Clerk
Consultant:

Bucknam Infrastructure Group, Inc.,
a California corporation
By:

Name:

Title:

By:

Name:

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ATTACHMENT A

EXHIBIT A

APPROVED FEE SCHEDULE

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ATTACHMENT A

EXHIBIT B

SCOPE OF SERVICES

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ATTACHMENT A
March 21, 2022
Mr. Rafael Fajardo, P.E.

City Engineer
City of Covina
125 East College Street
Covina, CA 91723-2199
Subject: Proposal for Pavement Management Program Services (FY 2022) Dear Rafael:

It is our pleasure to submit our proposal to assist the City in continuing the proactive management of your Pavement Management Program (PMP). With the City of Covina’s PMP moving toward automation through condition survey updates, Capital Improvement reporting (CIP), and GIS development, Bucknam Infrastructure Group, Inc. has identified a proactive and cost efficient method to assist the City in the continued success of the PMP program. Our team will focus our high-end pavement management expertise, annual working knowledge of Covina’s PMP dataset and GIS technology to optimize the City’s management of the essential infrastructure management programs.

Our PMP implementation services will provided through cost-conscience pavement inspections, annual work history updates, additional CIP reporting, alternative budgetary reporting, GIS support for the PMP and general database management. Our firm is unique in that we provide:
❖ Relevant and accurate PMP services based on our ongoing work with numerous Los Angeles, Orange County and San Diego local agencies such as:
o 30 Los Angeles County local agencies (i.e. Lynwood, Compton, Bellflower, etc.) o 20 Orange County local agencies; and
o 12 San Diego/Inland Empire local agencies
❖ Army Corps of Engineers ASTM D6433-18 compliant surveying, reporting and pavement analysis on an annual basis;
❖ Our project manager has worked within the SoCal Pavement Management industry for over twenty-four (24) years and has worked extensively with MicroPAVER, StreetSaver and CarteGraph PMP software’s through turn-key data conversion projects to long-term, proactive pavement CIP scheduling that relies on accurate and cost-efficient bid documentation;
❖ Project/engineering experience that brings the understanding that MicroPAVER results are not set in stone; we proactively use the available data to enhance budget forecasting and CIP/O&M project planning;

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ATTACHMENT B
❖ Cost effective management methodologies, from the project kickoff through final reporting, gained through our Project Manager’s experience and use of GIS tablet-based / digital roadway imaging surveys; and
❖ Professional Engineering experience through Mr. Steve Bucknam, P.E. who brings 40+ years of public/private local agency experience. Mr. Bucknam has served as City Engineer, Deputy City Manager, Design Engineer and Utilities Director for numerous public agencies.

As Project Manager, my goal is not just to meet the requirements of this project but establish a living document (Arterial & Local pavement CIP / METRO submittal) that will be used throughout the term of the CIP as well as implement achievable long-term infrastructure management goals in coordination with City schedules. Our deliverables will be used to strategize and improve upon the City’s Pavement CIP for Arterial and Locals.

By selecting Bucknam Infrastructure Group, Inc., the City of Covina will continue to receive a strong, knowledgeable, innovative, and communicative team with the experience to implement a cost-effective pavement management program. Our handpicked pavement management professionals are committed to delivering quality services to the City. Mr. Peter Bucknam will represent our firm for this project and can be contacted at 760-216-6529 (work) 714-501-1024 (cell) or email at [email protected].

In order to streamline project management and work schedules, all work efforts will be conducted through our office in Oceanside, CA.

Respectfully submitted,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
President/Project Manager

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-1
2022 Pavement Management Program
Project Understanding / Approach
We have defined detailed phases to the scope of work;

1. Project Implementation

2. Client Satisfaction

3. Project Schedule

4. Scope of Work (Major Tasks)
1) Project Implementation
TASK 1.1: Management & Administration - Project Kickoff The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of Covina it will be essential to establish, up front, the Public Works/Maintenance pavement management priorities. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach, section ID management & 160 section miles of street surveys, Los Angeles County Metropolitan Authority (METRO) compliance, finalization of the scope of work and the review of schedule.

This effort will build consensus between the Street Maintenance and Engineering departments as well as build stronger ARTERIAL and LOCAL maintenance programs. The first key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, METRO compliance, and survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels.

Deliverable: Meeting minutes, revised project schedule (if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status meetings) – minimum of eight (8) hours;
• Field review meetings;
• Monthly progress status reports will be delivered to City project manager.

Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field technician’s work.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-2
2022 Pavement Management Program
In this manner, 10 percent of the original annual surveys will be re-surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 13 miles of arterial/local QC).

Our QC process involves checking the field crews’ work in a “blind study” fashion. Quality control checks will be performed at the end of each survey week. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all street segments.

PCI variance reporting will be performed where previous PCI data will be compared to newly inspected 2022 PCI data; if PCI’s vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc. Bucknam will record/log any discrepancies between the previous and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval).

Since we are collecting distress information on our field Tablets with the Covina MicroPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of Covina’s street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are being followed.

Over the past two years, Bucknam has submitted fifty (50) METRO/OCTA compliant reports for LA and Orange County municipalities, they include:

Our surveys follow the accepted ASTM D6433 procedure requirements. A copy of the QA/QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. Our staff attends the OCTA PMP Distress Training Classes held in each year, 2011 thru 2022.

In February 2022 our staff was acknowledged as “qualified inspectors and firm” to prepare PMP’s compliant with the OCTA Countywide Pavement Management Guidelines (this certification/compliance runs through June 2024).

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-3
2022 Pavement Management Program
Additionally, Bucknam was selected by the Orange County Transportation Authority (OCTA) in July, 2021 to perform a 10-year Pavement Management Plan analysis on ALL 35 Orange County local agencies PMP’s.

Prior to survey, Bucknam will provide the City our QA/QC Program for review and approval. 2) Client Satisfaction
TASK 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables.

Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Engineering and Street Maintenance departments. Project success is created by delivering on three main factors;

1. Adherence to scope tasks and deliverables

2. Performing to the standard set by the Project Schedule; and

3. Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project
Deliverable: Project Status Updates, as stated in Task 1.2 3) Project Schedule
TASK 3.1: Work Flow / Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (two field technicians will drive the proactive schedule).

See key milestone dates from the project schedule below:
• Project Kickoff – May, 2022
• Survey Completion – September, 2022
• Delivery of draft PMP – September 23, 2022
• City comments returned to Consultant – late September 30, 2022 • Delivery of City CIP Final Report – October, 2022
o Covina CIP data/Final Report, reporting and revenue projections will be submitted by September, 2022

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-4
2022 Pavement Management Program
o All necessary METRO data, reporting and revenue projections will be submitted prior to October, 2022
• Implementation of MicroPAVER version 7.1 – Any time after acceptance of Final PMP o One copy (.e70 file) of the MicroPAVER database will be delivered; o All pavement and GIS data pertinent to the project deliverables will be submitted with the Final PMP report
4) Scope of Work (Major Tasks)
TASK 4.1: Covina PMP Assessment / Update Work History
Bucknam will update the existing Covina Pavement Management database by utilizing the Army Corps of Engineers “MicroPAVER” software. If the City elects to either purchase MicroPAVER or utilize Bucknam’s license our staff will update/verify all pavement segmentation for the City’s Arterial and Local programs. Our staff will define all pavement segments utilizing ASTM D6433 standards and will ensure that all publicly maintain streets are within the database. Our staff will review the data and determine if it will suffice for establishing the basic cornerstone of the Covina PMP street segmentation.

Based on the pavement maintenance that has been performed by in-house staff as well as contractual maintenance, our staff will review all street activities that have been performed during the past three years. This data will be entered into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP reporting.

Deliverable: Citywide Work History Report
TASK 4.2: Conduct Pavement Condition Survey
Once the pavement segmentation has been assessed and
verified, the inspection of 160 Arterial and Local section miles will be performed. Our survey will ensure that all Master Plan of Arterial Highways (MPAH) routes are surveyed and up-to-date for METRO compliance.

Our survey methodologies will include the following approach based on the City’s cost and benefit analysis:

1. Walking/Windshield - All sections are surveyed through walking/windshield methodologies. Distress types will
be collected based upon actual surface conditions and
physical characteristics of the segment.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-5
2022 Pavement Management Program

2. Surveying methods will be conducted by remaining consistent with MicroPAVER & the ASTM D6433-18 sampling guidelines while being flexible to current City requirements.

All sample locations are observed through walking surveys; samples areas covered a minimum of 20% of the total section area and were 2,500 SF +/- 1,000 SF in size.

According to the METRO guidelines, Covina MPAH pavement sections are to be surveyed for the upcoming 2022 PMP update:
• The inspection of approximately 160 section miles of MPAH Arterial and Local segments will be performed – METRO compliance requirement (based on last inspection dates)
• Recent overlay maintenance will reduce total mileage of survey - TBD Our staff will establish all inspection sample locations for survey based on ASTM PMP guidelines; this effort replaces the walking field operations; all pavement inspections are completed inhouse through our automated data collection processes. Surveys are quality controlled with field operations.

Our use of MicroPAVER-Tablet
units allows our staff to collect
pavement data with the City of
Covina’s MicroPAVER database
live in the field. At the end of the
day all electronic data is
transferred to our office for quality
control and management.

Our Tablet methodology sets us
apart from the competition since
we are using a paper-less inventory process to enter data; this in turn generates cost savings to enhance the project schedule and other portions of the project such as CIP reporting, and oncall services.

Roadway Verification Survey - A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below:

1. Field Attribute Data (updated and/or verified)
❖ From/to, indicating the assigned limits of the section, sample test areas, street name, ❖ Street ranking indicating local, arterial, collector, # of lanes, surface type ❖ Historical PCI tracking from previous inspections and 2022 PCI inspections ❖ Segment quantities, indicating the length, width, and total true area of the section ❖ Pavement segment and PCI “Variance” analysis and report ❖ ADT volumes (if available from previous reports or current City documents)

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-6
2022 Pavement Management Program

2. Conditional data will be evaluated for all street segments and will include:
❖ MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area ❖ PCI ratings (0-100), taking into account the surface condition, level of distress We welcome staff from the City to join our surveys. All pavement data will be entered into the MicroPAVER software (version 7); Bucknam will utilize their own license copy to manage the database. All items listed above will be maintained by our staff for the duration of this project.

Data management will be performed in-house at our Oceanside office.

3. Section Distress and PCI Reporting
Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. This report will provide the necessary information within MicroPAVER for the City to use and manipulate projected street rehabilitation and maintenance projects.

Included in the report will be updated pavement performance curves and maintenance decision models. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly.

Our Report that will include:
❖ PCI report - Sorted by Name (A to Z), PCI Order (0-100), Zone (1, 2, 3, etc.) ❖ Pavement segment and PCI “Variance Report”
❖ Graphical representation of conditions
❖ Condition Report Analysis for each segment
❖ Work history report
❖ GIS Maps presenting PCI finding by zone and by section Once the City has reviewed, assessed and commented on the draft report, we will address all comments made and deliver the final reports.

Deliverable: Citywide PCI reports, compliant METRO PCI reports, updated MicroPAVER database

DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.3: Maintenance & CIP/Budgetary Analysis
We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently being used by the City.

Based on the City’s current AC & PCC applications, Geotech reports and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our fiscal and deterioration analysis, we will present our results and recommendations to City staff. This analysis will become an essential building block for the projected seven-year CIP/maintenance programs.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-7
2022 Pavement Management Program
We will establish/update a maintenance “decision tree” that will be used to generate pavement recommendations that match current fiscal year maintenance approaches/City practices.

This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within MicroPAVER based on functional class (i.e. arterial, collector, local) and age.

Our staff will review the Covina’s deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class. The curves will be modified based on current pavement conditions.

The strategies that are typically reviewed are rehabilitation and reconstruction (R&R), localized maintenance, slurry seals, and various overlay types, the expected improvement in pavement condition, the life-cycle extension that would result and the unit costs for maintenance.

All maintenance practices/unit costs will be integrated into MicroPAVER and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made.

Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies during each fiscal year and within each Zone defined by the City. Once the repair/rehabilitation strategies have been defined, the identification of a seven year Forecasted Maintenance schedule will be generated.

The recommended budget scenarios will be identified based on several criteria:
• Assessment and review of the City’s Pavement CIP
• Present pavement conditions; Desired levels of service and available resources • Projected / Forecasted PCI’s per section
• Cost benefit of individual strategies (e.g., maintain PCI in 5-years, etc.) • Scheduling with the City’s major CIP projects (water, sewer, etc.) • Budgetary recommendations that satisfy METRO guidelines • Future routine maintenance needs based on projected deterioration rates • Renewed Measure M and AHRP objectives and improving citywide weighted PCI The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis. A working “draft” Final Report will be generated for City staff to review. The report will include an executive summary, the PCI Report as well as draft budgetary findings and recommendations.

Deliverable: Two copies of the Draft Pavement Management Program Report

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-8
2022 Pavement Management Program
TASK 4.4: Citywide CIP / METRO Compliance Reports
We will deliver the Final Report to the City which will be essential for staff reference and use as well as presented in a way that is beneficial for elected officials/upper management.

This report will assist the City in complying with METRO.

The report will be prepared in a format that uses the information delivered by MicroPAVER in conjunction with the information and analysis performed by our team. The report will provide the City with information on:
▪ Current inventory and pavement conditions indices (PCI) for all road classes ▪ Projected annual rehabilitation programs for street maintenance for a 5-yr period (ARTERIAL and LOCAL Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service;
▪ Modeling and comparison of budget scenarios typically include:
▪ Current / Actual budget 5-year projection (citywide approach) ▪ Identification of annual funding to maintain current PCI after 5-years ▪ Increase current PCI within 5-years
▪ Gradual, Frontloaded, Constrained and Unlimited funding analysis ▪ Strategies and recommendations for the City’s maintenance programs and procedures, including a preventative maintenance schedule;
▪ Supporting documentation required by METRO; and
▪ A detailed breakdown of deferred maintenance (backlog).

We will make a presentation of the results from the 2022 PMP update to City personal and/or City Council if necessary-pro bono.

Registered Engineer
Mr. Steve Bucknam, P.E. will review all completed data and sign a final report incorporating the results of our pavement evaluation and conditions. We will provide recommendations for pavement rehabilitation and replacement design based upon field data and analysis.

Deliverable: Two (2) bound copies of the Final Pavement PMP Report (plus one original signed by our Registered Engineer, CA No. 20903), in binder and electronic form (.pdf), will be sent to the City. Bucknam will provide one (1) digital copy that includes all final reporting documents, MicroPAVER .e70 PMP database and GIS files.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-9
2022 Pavement Management Program
TASK 4.5: Mapping and GIS Update
As an enhancement and proactive approach to
this project, our staff will update and publish a
Pavement-GIS link between MicroPAVER data
and the City’s GIS system. Bucknam will utilize
the City’s existing GIS centerline file as a starting
point for the enhancement of the existing PMPGIS layer(s). By using the unique ID’s within the PMP and the City’s ESRI street shapefile ID’s, we
will update the one-to-one match for each
pavement section in the GIS. All pavement
segmentation within the PMP database will be
mirrored within the Covina GIS layer which will
allow all pavement data to be published on the
GIS layer.

With a completed survey and once the City has approved the Pavement Condition Report, we will update the PMP-GIS layer with relevant PCI data.

The maps described below will be incorporated into the City’s Final PMP report:
• PCI values for every section;
• Work History identifications;
• 5-yr Arterial / Local Rehabilitation and Slurry Seal Programs; and • Functional classification maps
Our staff will coordinate all project deliveries with the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City’s GIS enterprise (sample 2022 Monterey Park-GIS PMP map above).

Deliverable: Complete GIS files/themes based on list above (shapefiles).

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-10
2022 Pavement Management Program
TASK 4.6: Covina MyRoads™ PMP Web-Portal
Covina MyRoads™ Web-Portal – Bucknam’s
proprietary MyRoads™ is a great match for the
Covina’s PMP today and the future. This option
brings your PMP data to life within a dynamic PMP
dashboard!
Bucknam now provides all our PMP clients with a
unique and agency driven “MyRoads™” web-portal
that provides instantaneous access to your
pavement management database. This
“dashboard” allows users to toggle through
individual sections via GIS mapping selections, zone
queries, rank selection, PCI ranges, etc. to review all section metrics, latest/previous inspections, work
histories generate filtered PCI reports and identify
potential maintenance costs based upon your
unique needs.

Bucknam has shown above a current MyRoads™
account actively working! This tool will be accessed
by City staff simply through a Username/Password methodology. As changes are made to the Covina PMP database the MyRoads™ dataset is changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads™ allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on-board GIS tool; • Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI
o Display critical street / sidewalk / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (ADA ramps, utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI, work history, 5-yr forecasted maintenance, etc.) • Bucknam will train Covina’s staff on the simply use of the MyRoads™ dashboard.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-11
2022 Pavement Management Program
TASK 4.7: MicroPAVER / MyRoads™ Training
With PMP software use being one of the key components to a successful PMP implementation, we will provide City staff with quality, certified training and the necessary skills needed to maintain the PMP. Bucknam will provide City staff with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and software use. Based on the number of future users, our staff will deliver as many copies as needed by City staff to facilitate the program. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi-day training sessions covering implementation, interfacing with the system, PMP methodologies, field survey practices, PCI calculations, budget needs analysis and editing/updating the database. This is estimated to consist of a minimum of 8 hours of training.

Training typically involves one (1) day of training on the PMP software and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology. We can train one key individual or an entire classroom using a City training facility pending on your needs; the intent of this training is to empower and allow City staff to continue updating the PMP database on their own after this project is completed.

TASK 4.8: As-Needed PMP – GIS Services
Pavement Management Program Support
With the City implementing a triennial PMP management schedule Bucknam will provide annual PMP support that will cover data previously submitted by our staff. If additional services outside the identified scope of work above are requested Bucknam will provide timely and proactive services to the City. Additional As-Needed services typically include:
• Additional budget scenarios, general reporting, deterioration studies; • Additional visual inspections above the mileage amount indicated in Task 4.2; • Additional pavement management – GIS mapping;
• Additional MicroPAVER/MyRoads™ training, operation use; and If requested, Bucknam will assess and review the City’s upcoming maintenance schedule for that fiscal year. The agreement will continue to include the provision of onsite and telephone support for the City staff.

GIS Management Program Support
Additionally, Bucknam will provide GIS Contract services through our GIS Manager and GIS Analyst staff. Our support will enhance and proactively complete the City’s on-going GIS implementation, Public Works data development, survey and management.
• Implementation of Public Works GIS Enterprise solutions / Infrastructure Management GIS solutions
• GPS surveys, GIS layer development, GIS digitization

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-12
2022 Pavement Management Program
Proposed Fee
Task Items 1 through 4 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $53,497 for a five-month period. Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties. We have included our fee schedule below for the City consideration.

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ATTACHMENT B
Project Understanding / Scope of Work
City of Covina 1-13
2022 Pavement Management Program
Standard Hourly Rate Schedule
Category Rate
Principal $ 295
Senior Project Manager 215
Senior Engineer / Planner 195
Construction Manager 190
Pavement Management Project Manager 190
Management Analyst 165
Project Engineer / Planner 160
Engineer / Senior Technician / GIS Manager / Senior Inspector 145 Assistant Engineer / GIS Analyst / Inspector 135
CADD Operator 110
Lead Field Technician 98
Field Technician 98
Clerical / Word Processing 85
Forensic Services Quote
Reimbursables
Mileage $ 0.67/mile
Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Standard Hourly Rates shown will not be changed and/or increased during the contract period

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ATTACHMENT B

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: CC Regular Meeting - Jul 05 2022
Title: Ordinance 22-11 for Zone Change (ZCH) 22-001 to Change the Official Zoning Map of the City of Covina Changing the Zoning District from M-1 (Light Manufacturing) to C4 (Highway Commercial) for Property Located at 744 N. Grand Avenue – APN: 8428- 022-016
Presented By: Brian K. Lee, Director of Community Development Recommendation: Waive full reading, read by title only, and introduce the first reading Ordinance 22-11, “An ordinance of the City Council of the City of Covina, California, approving a Zone Change (ZCH) 22-001 to change the zoning classification for one parcel from M-1 Light Manufacturing Zone to C-4 Commercial Highway Zone (APN: 8428-022-016), and making a determination of exemption under CEQA”.

EXECUTIVE SUMMARY:

On May 24, 2022, the Planning Commission voted 5-0 recommending approval of ZCH 22-001 to the City Council through the adoption of Ordinance 22-11. Conditional Use Permit (CUP) 21-032 and Site Plan Review (SPR) 22-090, requests to modify CUP 76-005 to redevelop an existing full-service car wash to a mechanical and self-service car wash facility were approved by the Planning Commission with a 5-0 vote as well. However, approval of the CUP is only valid subject to City Council adoption of ZCH 22-001.

BACKGROUND:

To provide background on the conditional use permit that was submitted concurrently with the subject zone change and approved by Planning Commission (contingent upon City Council approval of the ZCH), the property owner, NGA Properties LLC, is requesting a modification to existing Conditional Use Permit (CUP) 76-005, to redevelop the existing full-service car wash to a mechanical and self-service car wash.

The existing vacant building would be demolished to accommodate a new 2,683 square foot automatic express car wash consisting of a tunnel-like building where customers will drive to an automated point of sale (cashier) and lined-up for queue. Service will include a prewash, presoak, high pressure wash, friction zone (where a variety of brushes are used to clean vehicle surfaces), and dryer. Following the wash, are dedicated self-vacuum stalls, situated behind the express car wash building and facing Edna Place. A total of 19 covered self-service vacuum stalls are proposed with arc-like shade canopies. There will be attendants on site to assist customers on equipment use only, with a staff total of 3 employees, divided into two shifts. The car wash facility will operate between the hours of 7:00 am to 8:00 pm, Monday through Sunday.

DISCUSSION:

A city-initiated Zone Change is requested pursuant to Section 17.80.090(A). According to Section 17.06, a Zone Change is a change in the zoning map, changing any property from one zone to another. In the case of the property located at 744 N. Grand Avenue, there is an inconsistency with the General Plan designation and the Zoning Map.

The Subject Site has a General Plan Designation of “General Commercial” with a Zoning Map Designation of “(M-1) Light Manufacturing.” The previous uses on this site have been general commercial uses. Staff proposes to amend the official Covina Zoning Map from “(M-1) Light Industrial” to “(C-4) Commercial Highway” for consistency and conformance with the Covina General Plan.

FISCAL IMPACT:

There are no foreseeable fiscal impacts of the proposed project.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Community Development Department staff has determined that the proposed Zone Change and Project qualify as categorically exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines under Sections 15061(b)(3) Class 3 exemptions. Section 15061(b)(3), the general rule exemption, states that an activity is not subject to CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed project does not authorize new developments that will create significant environmental impacts. The proposed zone change will not create any public health or safety hazards or have a significant impact on the resources or services within the area of the subject parcels, such as water, sanitary services, surrounding roadways and intersections, schools, and existing agricultural uses.

ATTACHMENTS:

Attachment A - Ordinance 22-11
Respectfully submitted,

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ORDINANCE NO. 22-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COVINA, CALIFORNIA, APPROVING A ZONE CHANGE (ZCH)
22-001 TO CHANGE THE ZONING CLASSIFICATION FOR ONE
PARCEL FROM M-1 LIGHT MANUFACTURING ZONE TO C-4
COMMERCIAL HIGHWAY ZONE (APN: 8428-022-016), AND

MAKING A DETERMINATION OF EXEMPTION UNDER CEQA
WHEREAS, Chapters 17.06 and 17.80 of the Covina Municipal provides the procedures and administration of amendments and changes to the Zoning Map; and WHEREAS, City staff prepared draft Ordinance 22-____ (attached hereto as Attachment A), which proposes to amend the Official Zoning Map of the City of Covina by changing the Zoning Classification from M-1 Light Manufacturing Zone to C-4 Commercial Highway Zone for one parcel located at 744 N. Grand Avenue (APN: 8428-022-016); and WHEREAS, notice of the public hearing for the Zone Change was published in the San Gabriel Valley Examiner on May 12, 2022, in accordance with CMC Section 17.80.120 B. 1. All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles, as owning property within 300 feet from the exterior boundaries of the subject properties were mailed the public hearing notices in accordance with CMC Section 17.80.120 B.

2.; and
WHEREAS, Sections 17.80.080 to 17.80.130 of the Covina Municipal Code (CMC) have been complied within the consideration of Zone Change (ZCH) 22-001; and WHEREAS, on May 24, 2022, the Planning Commission held a duly noticed public hearing on ZCH 22-001, as prescribed by law, at which time City Staff and interested persons had an opportunity to and did testify either in support of or against this matter; and WHEREAS, on July 5, 2022 the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zone Change (ZCH) 22-001. The City Council considered any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zone Change. Following consideration of the entire record of information received at the public hearing, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

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

SECTION 1. On May 24, 2022, the Planning Commission held a duly noticed public hearing regarding the proposed Zone Change, and following the receipt of public testimony, closed Attachment A

Page 3 of 9 ends

the hearing and adopted Resolution No. 22-008 PC, recommending that the City Council approve the proposed Zone Change by adoption of this Ordinance.

SECTION 2. On July 5, 2022, the City Council conducted a duly noticed public hearing regarding the proposed Zone Changes and Zoning Code Amendment, and following the receipt of public testimony, closed the hearing.

SECTION 3. The City Council, based on its own independent judgement, has determined that pursuant to the requirements of the California Environmental Quality Act (CEQA) and the state CEQA Guidelines, the proposed Zone Change 22-001 is a project that would not directly or indirectly cause physical change as a result of discretionary approval. Section 15061 (Review for Exemption) requires that the Lead Agency make a determination whether the project is exempt from CEQA prior to an initial study. Approval of the Zone Change does not authorize developments that may have a significant effect on the environment. Per Section 15061(b)(3) of the CEQA Guidelines, the project is exempt from CEQA since it is not a project that would have potential for causing a significant effect on the environment.

SECTION 4. The City Council of the City of Covina does hereby find, determine and declare that the proposed Zone Change complies with the General Plan objectives and policies:
a. The proposed Zone Change reduces inconsistencies between the General Plan and the Zoning Map under the Land Use Element Section I. B.2.j of the General Plan; and
b. The proposed Zone Change is a procedure matter to achieve internal consistency between General Plan and Zoning Ordinance including Zoning Map as allowed by Section V Programs/Implementation Measures B1 of the Land Use Element.

SECTION 5. Zone Change Approval. The City Council of the City of Covina does hereby approve Zone Change (ZCH) 22-001, amending the Official Zoning Map to change the Zoning Classification for one parcel (APN: 8428-022-016) from M-1 Light Manufacturing Zone to C-4 Commercial Highway Zone. Further, the City Council hereby directs the Director of Community Development to cause the amendment of the Official Zoning Map of the City of Covina to reflect ZCH 22-001 (Exhibit A).

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective

Page 4 of 9 ends

date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

SECTION 8. Zoning Map. Section 17.06.050 of the CMC provides that the City Clerk record all amendments and changes to the zoning map within 48 hours after such change becomes effective.

SECTION 10. Notification. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los Angeles County Assessor of passage and adoption of this Ordinance in accordance with Section 65863.5 of the Government Code.

PASSED, APPROVED and ADOPTED this 5th day of July 2022.

City Council of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk
APPROVED AS TO FORM:

CANDICE K. LEE, City Attorney

Page 5 of 9 ends

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance No. 22-11 was introduced for first reading at a regular meeting on the __th day of __________ 2022.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the __th day of _________ 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

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EXHIBIT “A”

ZONING MAP LAND USE

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EXHIBIT A-1
744 N. Grand Avenue
Existing Zone: M-1 (Light Manufacturing)

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EXHIBIT A-2
744 N. Grand Avenue
Proposed Zone Change to C-4 Commercial (Highway)

Page 9 of 9 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Jul 05 2022
Title: Resolution CC 2022-69 Declaring the Results and Reciting the Fact of the Covina General Municipal Election Held June 7, 2022
Presented By: Evelyn Leach, Interim Chief Deputy City Clerk Fabian Velez, Deputy City Clerk
Recommendation: Adopt Resolution CC 2022-69 reciting the fact of the General Municipal Election held on March 3, 2020, declaring the result and such other matters as provided by law.

EXECUTIVE SUMMARY:

On February 1, 2022, the City Council adopted Resolution CC 22-12 calling and giving notice of the General Municipal Election to be held on June 7, 2022, for the purpose of electing three members of the City Council, the City Clerk and the City Treasurer for full terms of four years.

Per Elections Code Section10263(b), for a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly-scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newlyelected officers.

BACKGROUND:

DISCUSSION:

The Los Angeles County Registrar-Recorder/County Clerk will present the official canvass of the returns (Exhibit A to Resolution CC 2022-69) for the June 7, 2022 election to the City on July 5, 2022, verifying that the voters elected three members of the City Council, the City Clerk and the City Treasurer for full terms of four years.

Resolution CC 2022-69 is included as Attachment A and a summary of the votes will be included as Attachment B. It is therefore recommended that the City Council adopt Resolution CC 2022-69 reciting the fact of the Covina General Municipal Election.

FISCAL IMPACT:

Funding for the General Municipal Election was included in the City's Fiscal Year 2021-22 budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None
ATTACHMENTS:

Attachment A - Resolution CC 2022-69
Respectfully submitted,
RESOLUTION CC 2022-69

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

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON JUNE 7, 2022, DECLARING THE RESULT, AND

DECLARING SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, the General Municipal Election was held and conducted in the City of Covina, California, on Tuesday, June 7, 2022, as required by law; and WHEREAS, notice of the election was given in the time, form, and manner as provided by law; voting centers were properly established; election officers were appointed; and, in all respects, the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, and the results are received, attached and made a part hereof as “Exhibit A.”

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

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

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

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

DISTRICT 1

HECTOR DELGADO

JONATHON HARRIS

MARTIN DOMINGUEZ
DISTRICT 3

VICTOR LINARES

JOSEPH RODRIGUEZ

DAMIAN CATALAN
DISTRICT 5
JOHN C. KING
The names of the persons voted for at the election for City Clerk are as follows:

MARY LOU WALCZAK
ANDREW “DREW” ALEMAN
Attachment A

Page 2 of 4 ends

Resolution CC 2022-69 Page 2 of 3
The names of the persons voted for at the election for City Treasurer are as follows:

GEOFFREY COBBETT

NEIL POLZIN
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached hereto.

SECTION 4. The City Council does declare and determine that: ______ was elected as Member of the City Council 1st District for the full term of four years; ______ was elected as Member of the City Council 3rd District for the full term of four years; and ______, was elected as Member of the City Council 5th District for a full term of four years; _______ was elected as City Clerk (at large) for the full term of four years; and ______ was elected as City Treasurer (at large) for the full term of four years.

SECTION 5. The Chief Deputy City Clerk shall enter on the records of the City, a statement of the result of the election, showing: (1.) the whole number of votes (ballots) cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the number of votes given in the city to each person.

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

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

PASSED, APPROVED and ADOPTED this 5th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

EVELYN LEACH
Interim Chief Deputy City Clerk

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Resolution CC 2022-69 Page 3 of 3

CERTIFICATION
I, Evelyn Leach, Interim Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-69 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

EVELYN LEACH
Interim Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 3
Meeting: CC Regular Meeting - Jul 05 2022
Title: Creation of City Council Ad-Hoc Committee to Review City Council Procedural Guidelines and Policies
Presented By: Chris Marcarello, City Manager
Candice Lee, City Attorney
Recommendation: That the City Council authorize the formation of an Ad-Hoc Committee to review City Council Procedural Guidelines and Policies and appoint two Council Members to serve on the Committee.

EXECUTIVE SUMMARY / BACKROUND:

At the June 21, 2022 regular meeting, members of the City Council asked that an item be added on the next regular agenda to consider forming an Ad-Hoc Committee ("Committee") to review the City Council's procedural guidelines and policies. It is recommended that the Council consider further action to create the Committee and/or provide additional direction.

DISCUSSION:

Procedural guidelines for the City Council were last reviewed in 2015 and may include such topics Board, Committee and Commission Protocols; Code of Conduct; and other City Council policies. Following its review, the Committee would forward recommendations, if any, to the full City Council for consideration.

Respectfully submitted,

Covina City CouncilJuly 5, 2022

Covina City Council
July 5, 2022