Covina City Council
July 2, 2024

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, July 2, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

IMPORTANT NOTICE
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.

Public Comments: During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.

In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.

Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pages

CLOSED SESSION

CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, Hector Delgado, Mayor Pro Tem/Vice Chair Victor Linares, and Mayor/Chair John C. King

PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Whittier, et al. v. Superior Court of the State of California, et al., Los Angeles Superior Court Case No. 23STCP03579 RECESS
JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Linares

INVOCATION
Given by Covina Police Chaplain Steve Martinez

CLOSED SESSION REPORT

PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.

CITY MANAGER COMMENTS

CONSENT CALENDAR PUBLIC COMMENTS
The public is invited to comment on Consent Calendar items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the

Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.

CC 1. Minutes 7
Staff Recommendation:

Approve the Minutes of the June 4, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 2. Minutes 19
Staff Recommendation:

Approve the Minutes of the June 18, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 3. Payment of Demands 31
Staff Recommendation:

Approve Payment of Demands in the amount of $3,052,638.40.

CC 4. First Amendment to Professional Services Agreement with Interwest Consulting Group
37 Staff Recommendation:

Approve First Amendment to Professional Services Agreement with Interwest Consulting Group for Specialized Community Development and Planning Services.

CC 5. Third Amendment to Professional Services Agreement with MIG, Inc for On Call Planning Consulting Services
47 Staff Recommendation:

Approve a third amendment to Professional Services Agreement with MIG, Inc. for on call planning consulting services.

CC 6. Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $51,500 53 Staff Recommendation:

Approve plans and specifications for the Hollenbeck Park Trash Enclosure Project – Project No. P2501;

1. Award a contract for the Hollenbeck Park Trash Enclosure Project – Project No. P2501 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $51,500 and authorize the City Manager to execute the contract; and

2. Authorize a project contingency amount of $5,000 to cover the cost of unforeseen construction expenses.

3. CC 7. Appropriation of National Opioid Settlement Funds for Crime Prevention Programs
103
Staff Recommendation:

Adopt Resolution CC 2024-50 Increasing PD FY 2024-25 Budget by $25,000.00.

CC 8. Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 – Award of Contract to California Professional Engineering, 107

Inc. in the Amount of $162,000
Staff Recommendation:

Approve plans and specifications for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502;

1. Award a contract for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 to California Professional Engineering, Inc. as the lowest responsive bidder in an amount of $162,000 and authorize the City Manager to execute the contract; and

2. Authorize a project contingency amount of $16,200 (10%) for any unforeseen construction expenses.

3. CC 9. Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation – Award of Contract to FS Contractors, Inc in the Amount of $89,840
139
Staff Recommendation:

Approve plans and specifications for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation;

1. Award a contract for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $89,400 and authorize the City Manager to execute the contract; and

2. Authorize a project contingency amount of $10,000 to cover the cost of any unforeseen construction expenses.

3. CC 10. Parking Enforcement Agreement with Inter-Con Security Systems Inc. 187 Staff Recommendation:

Approve the Agreement with Inter-Con Security Systems Inc. for parking enforcement services and authorize the City Manager or his designee to execute the agreement.

CC 11. Sixth Amendment to the Agreement between MRH & Associates and the City of Covina
207
Staff Recommendation:

Approve the Sixth Amendment to the agreement between MRH & Associates LLC and the City of Covina and authorize the City Manager to execute the amendment.

CC 12. An Administrative Revision to the Legal Description of the Purchase & Sale Agreement Between the Successor Agency to the Covina Redevelopment Agency & City of Covina for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave
213
Staff Recommendation:

Approve Revisions to the “Exhibit A” Legal Description to the Purchase and Sale Agreement and Related Documents Regarding the Successor Agency’s Sale of Property to the City of Covina located at 602-626 South Citrus Avenue and 128 East Rowland Street, APN 8451-001-911 and 8451-001-906.

ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for July 16, 2024, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.

1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
June 4, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Mayor Pro Tem/Vice-Chair Victor Linares Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Administrative Services Director Anita Agramonte
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Interim Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
_____________________________________________________________________

2 CLOSED SESSION

CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 6:33 p.m. with Councilmember Allen, Councilmember Delgado, and Mayor King present.

PUBLIC COMMENTS
There were no public comments.

CLOSED SESSION
A. Government Code § 54956.9(d)(4) - CONFERENCE WITH LEGAL

COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

B. Government Code § 54957.6 – CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative:

Chris Marcarello, City Manager
Update on ongoing negotiations with the various Employee Organizations:

American Federation of State, County and Municipal Employees (AFSCME); Police Association of Covina (PAC); Police Management Group (PMG); and Police Supervisors of Covina (PSC), and discussions with Unrepresented Employees: Mid-Management, Supervisory and Professional, and Confidential and Technical Employees
RECESS
Mayor King recessed the Council to Closed Session at 6:34 p.m.

JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:39 p.m. with all Councilmembers present except Mayor Pro Tem Linares.

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez.

INVOCATION
Given by Police Chaplain Ron Butler.

3 CLOSED SESSION REPORT
City Attorney Lee reported that there was no reportable action and direction was given to staff.

PRESENTATIONS
A. Northview High School Swim Team Recognition
Mayor King introduced Northview High School Swim Team Coach Caitlin King, the Northview High School Swim Team,Covina-Valley Unified School District Assistant Superintendent Dr. Michele Doll, Northview High School Principle Dr.

Leo Magallon, and Covina-Valley Unified School District Student Board Member Darla Jacobo.

Sargent Sandoval, representing the California National Guard and CIS, the Northview High School Swim Team of the Team of the Month for the month of April 2024.

Assistant Superintendent Doll, Student Board Member Jacobo, and Coach King provided words of thanks and praise to the Northview High School Swim Team for their comradery and accomplishments.

B. Edison Scholar Program
Mayor King introduced Southern California Edison Government Relations Manager Marissa Castro-Salvati and Edison Scholar Program Scholarship Recipient Jad Abdel Nour and provided information on the Edison Scholar Program. Government Relations Manager Castro-Salvati provided background on Scholarship Recipient Nour's accomplishments. Scholarship Recipient Nour thanked those in attendance, his parents, and Southern California Edison for the award.

Northview High School Principal Magallon and Student Board Member Jacobo congratulated Scholarship Recipient Nour congrats on his accomplishments.

PUBLIC COMMENTS
Mickie Brewsher, Shellshock, and Grey Tormenta of Infinity Roller Derby introduced themselves and invite the community to the next game taking place on Sunday, June 9th. They also spoke to their involvement around the City and requested that the City Council consider adding more lights to Kelby Park.

Neil Polzin provided comments regarding Pride Month and attendance at the Pride of the Foothills parade.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Cortez commended staff for their efforts with the City's economic revitalization by attracting new businesses to the City and highlighted the long-anticipated openings of Dutch Bros. and Golden Corral.

Councilmember Allen thanked Forest Lawn for their support of a Memorial Day Ceremony for those who have served and fallen. He also thanked Mayor King and the Covina Concert Band for their contributions. Councilmember Allen commented on his attendance at the San Gabriel Valley

4 Veterans Alliance Breakfast Club, where he stood in for Police Chief Povero to accept a donation for recently hospitalized Covina Police Officer Jessie Gutierrez. He then echoed comments regarding Dutch Bros. and Golden Corral and thanked the Public Works, Parks & Recreation, and Police Department for their work.

Councilmember Delgado commented on his recent attendance at the International Conference of Shopping Centers (ICSC) and the new information received. He also thanked Community Development Director Lee, Economic Development Manager Alana Mantilla, City Manager Marcarello, and City staff for their work in the meetings at ICSC. He recommended the community also visit the recently opened Golden Corral. Councilmember Delgado also gave another round of applause to Coach King and the Northview High School Swim Team.

Mayor King dittoed comments regarding the recently opened businesses in the City and also noted the grand opening of Easterseals Community and Development Center and encouraged the community to visit and support.

CITY MANAGER COMMENTS
City Manager Marcarello informed the City Council that a correction was made to attachments B & C for item CC 12 to remove the word construction and correctly reflect that the services are for maintenance and repair. He also noted that the aquatics program, provided by the Parks & Recreation Department, will begin on June 10th and include swim lessons and a swim team. City Manager Marcarello also noted that the community Free Rec Swim program will also begin on Monday, June 17th, and be open Monday through Thursday, and Saturday, from 1:15 p.m. to 2:30 p.m.

Mayor King also invited to community to support the Summer Wine Walk taking place Saturday June 8th from 5:00 p.m. to 8:00 p.m. in Downtown Covina.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
Mayor King highlighted Consent Calendar items: CC 5, approving participation in the Fourth Year of the Los Angeles County Permanent Local Housing Allocation Program, and thanked Community Development Director Lee and his team for working to have the City's Housing Element approved in order to receive these funds; CC 6, the final acceptance and filing of Notice of Completion for the Street and Water Rehabilitation Project, and expressed his thanks to the public works team for their work; and CC 9, the final acceptance and filing of Notice of Completion for the Bus Shelter Installation Project.

CC 1. Minutes
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Approve the Minutes of the May 7, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

5 Approved (4 to 0); Linares Absent
CC 2. Payment of Demands
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Approve Payment of Demands in the amount of $6,882,406.00.

Approved (4 to 0); Linares Absent
CC 3. City of Covina Investment Report for Month Ended April 30, 2024 Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Receive and File.

Approved (4 to 0); Linares Absent
CC 4. Professional Services Agreements for On-Call Engineering Consultant Services
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize the City Manager to execute Professional Services Agreements between the City of Covina and On-Call Engineering Consultant Services for the period of July 1, 2024 through June 30, 2026 with the option of two one-year extensions.

Approved (4 to 0); Linares Absent
CC 5. Adopt Resolution CC 2024-30, Approving Participation in the Fourth Year of the Los Angeles County Permanent Local Housing Allocation Program, and Considering the Funding-Related Allocation
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-30, approving participation in the fourth year of the Los Angeles County Permanent Local Housing Allocation Program, specifying the use of PLHA funds, & amending the FY 23-24 Community Development Budget; and

2. Authorize the City Manager or his designee to execute the Participation Agreement and other related documents as necessary.

Approved (4 to 0); Linares Absent
CC 6. Fenimore Avenue & Calvados Avenue – Street and Water Rehabilitation Project – Project No. P2315 & W2302 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Accept the work performed by Sully-Miller Contracting Company; and

6 2. Authorize the City Clerk to file a Notice of Completion for the Fenimore Avenue & Calvados Avenue – Street and Water Rehabilitation Project – Project No. P2315 & W2302.

Approved (4 to 0); Linares Absent
CC 7. Amendment to Agreement with Bear Electrical Solutions, Inc. for Traffic Signal and Street Light Maintenance Services
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize the City Manager to execute the Fourth Amendment to Agreement with Bear Electrical Solutions, Inc. for Traffic Signal and Street Light Maintenance Services for an additional one-year extension from July 1, 2024, to June 30, 2025, in an amount not-to-exceed $230,000 annually.

Approved (4 to 0); Linares Absent
CC 8. Fourth Amendment to Agreement Between the City of Covina and Social Vocational Services, Inc. for Cleaning City Park Areas and Restrooms Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize the City Manager to execute a Fourth Amendment to Agreement Between the City of Covina and Social Vocational Services, Inc. for Cleaning City Park Areas and Restrooms, in an amount not-to-exceed $30,960 per Fiscal Year from July 1, 2024, to June 30, 2025.

Approved (4 to 0); Linares Absent
CC 9. Bus Shelter Installation Project – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Accept the work performed by FS Contractors, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Bus Shelter Installation Project.

Approved (4 to 0); Linares Absent
CC 10. Award of Professional Services Agreement between City of Covina and Urban Graffiti Enterprises, Inc. for Citywide Transit Maintenance and Graffiti Abatement Services
Councilmember Allen thanked staff for continuing services with Urban Graffiti Enterprises, Inc. for graffiti abatement and gave kudos to Urban Graffiti Enterprises, Inc. noting that most graffiti is abated within 24 hours which helps discourage additional unwanted activity.

Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

7 Authorize City Manager to execute a Professional Services Agreement between the City of Covina and Urban Graffiti Enterprises, Inc. for Citywide Transit Maintenance and Graffiti Abatement Services for a five-year term in an amount not-to-exceed $189,304.32 annually.

Approved (4 to 0); Linares Absent
CC 11. Elevator Maintenance and Repair Services – Professional Services Agreement with Next Level Elevator
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Authorize the City Manager to execute a Professional Services Agreement with Specialized Elevator, dba Next Level Elevator, for the City-Wide Elevator Maintenance and Repair Services covering five (5) City-operated elevators in an amount not-to-exceed $27,000 annually for a total contract amount of $135,000 through June 30, 2029; and

2. Establish a 10% contingency allowance of $13,500 with Next Level Elevator to cover the cost of unforeseen expenses or additional services if needed.

Approved (4 to 0); Linares Absent
CC 12. Contract Service Agreement for On-Call Services for Maintenance and Repair of City Facilities
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize the City Manager to execute Construction Contract Agreements between the City of Covina and authorized On-Call Contractor firms when necessary.

Approved (4 to 0); Linares Absent
CC 13. Award of Professional Service Agreement for Audit Services for Fiscal Years 2023-24 through 2026-27
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize City Manager to execute the Professional Service Agreement for Audit Services of Fiscal Years 2023-24 through 2026-27 with Clifton Larson Allen, LLP.

Approved (4 to 0); Linares Absent
CC 14. First Amendment to the Agreement between Control Air Enterprises, LLC and the City of Covina to Include Additional Scope of Work and Allocation of Additional Funds for the Covina Senior & Community Center HVAC Repair Project
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

8 1. Authorize the City Manager to execute a First Amendment to the agreement between Control Air Enterprises, LLC and the City of Covina to include additional work necessary to complete repairs for the Covina Senior & Community Center HVAC Repair Project; and

2. Approve the allocation of additional funding from the FY 2023-2024 Operational Budget for the additional work required.

Approved (4 to 0); Linares Absent
CC 15. Planned Community Development Modification Time Extension Request Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
City Council approval of a One-Year Time Extension for Planned Community Development Modification (PCDM) 22-1, by approving Resolution CC 2024-26 subject to the Conditions of Approval listed in the Resolution.

Approved (4 to 0); Linares Absent
CC 16. Reconveyance of Trust Deed for PKL Property
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
City Council approve and authorize Reconveyance of the Deed of Trust and authorize the City Manager to execute and deliver the Substitution of Trustee and Full Reconveyance regarding property located at 1000 N. Azusa Avenue, Covina (APNs: 8421-001-016 and 061).

Approved (4 to 0); Linares Absent

PUBLIC HEARINGS
PH 1. Resolution CC 2024-25 Removing an Existing Crosswalk at the Intersection of Workman Avenue and Palmetto Avenue
The agenda report and presentation were provided by Interim Public Works Director Fajardo.

Mayor King opened the public hearing.

Jacinto Gomez provided public comment requesting that the City install a stop sign near the proposed removed crosswalk to improve safety.

Questions and discussion from Council included comments from the Transportation and Mobility Advisory Commission and confirmation that a new crosswalk will be installed near the proposed removed crosswalk.

Mayor King closed the public hearing.

Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

9 Adopt Resolution CC 2024-25 approving the removal of an existing crosswalk at the intersection of Workman Avenue and Palmetto Avenue and making a determination of exemption under CEQA.

Approved (4 to 0); Linares Absent
PH 2. Adoption of the Fiscal Year 2024-25 Budget, Fiscal Year 2025-2029 Capital Improvement Program (CIP) and Fiscal Year 2024-25 CIP Budget Mayor King opened the public hearing.

The agenda report was provided by Administrative Services Director Agramonte, Deputy Director of Administrative Services Theresa Franke, and Management Analyst Charles Russom.

Questions from Council included requesting a breakdown of the CIP budget be posted on the City website, the remaining balance of ARPA funds, projection of property tax revenues, projection of increase in license and permit fees, projection of sales tax and consumer spending trends.

There were no public comments.

Mayor King closed the public hearing.

Councilmember Allen thanked staff for being future oriented in terms of public infrastructure. Councilmember Cortez also gave kudos to staff for proposing a great budget.

Motion made by: Councilmember Allen
Seconded by: Councilmember Cortez

1. Conduct the public hearing and consider all testimony that may be forthcoming;

2. Adopt Resolution CC 2024-31 adopting the City of Covina budget for July 1, 2024 through June 30, 2025;

3. Adopt Resolution SA 2024-01 adopting the operating budget for the City of Covina Successor Agency for July 1, 2024 through June 30, 2025; and

4. Adopt Resolution CC 2024-32 adopting the Fiscal year 2025-2029 Capital Improvement Program and the Fiscal Year 2024-25 Capital Improvement Program Budget.

Approved (4 to 0); Linares Absent
PH 3. A Request for the Construction of an “Outdoor Advertising Structure (Freeway Billboard)” at 1270 E Garvey Street (APN 8447-031-052) and Approving a Mitigated Negative Declaration (MND)
Mayor King opened the public hearing.

The agenda report and presentation were provided by Community Development Director Lee, Lighting Engineer Consultant Frances Gray, and proposed developer Mark Cutler.

10 Questions and discussion from Council included light trespassing to the nearby community, improvement of billboard technology, the visibility of the structure, community outreach, mitigation and tests, development fees and revenue, design of the structure, work with charities and nonprofits, time for completion, City use of the display, and potential discounts for businesses within the City.

Bishop LJ Guillory spoke in favor of the developer and proposed development and provided examples of their work in other communities. Neil Polzin commented regarding concerns about Vanlee residents and ownership of the underlying property.

Mayor King closed the public hearing.

Additional discussion included the want to have an additional conversation with the surrounding community and the benefit for local businesses.

Councilmember Cortez motioned to approve staff recommendation with an amendment to the development agreement to provide a discount for advertising for businesses with the City and a design update to increase the size of the City logo.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-28, adopting Mitigated Negative Declaration (sch 2024020529) pursuant to the California Environmental Quality Act and the Mitigation Monitoring and Reporting Program for Development Agreement (DA), Planned Community Development Modification (PCDM) 22-4, Zone Change (ZCH) 24-01, Zoning Code Amendment (ZCA) 22-6 Conditional Use Permit (CUP) 22-10, and Site Plan Review (SPR) 22-227 for the construction of an 83-foot high outdoor advertising structure (freeway billboard) within a 1.64-acre site, for the property located at 1270 E Garvey street – APN – 8447-031-052;

2. Waive full reading and introduce Ordinance 24-04, Approving Zoning Code Amendment ZCA 22-6 Amending Chapter 17.56 (Overlay Zone (Outdoor Advertising Structures)) of the Covina Municipal Code to Extend the S Overlay to Properties with C-P Zoning Adjacent to Freeway Right of Way, Establish Advertising Displays Adjacent to Landscape Freeways as a Conditionally Permitted Use, and Establish Requirements for Such Advertising Displays; Approving Zoning Change (ZCH) 24-1 Amending the Zoning Map to Establish an S Overlay at 1270 E Garvey Street (APN 8447-031-052); and Making Findings Under CEQA;

3. Waive full reading and introduce Ordinance 24-05, Amending the Village Oaks Office Park Planned Community Development (PCD) District Overlay Zone Consisting of Phase I (PCD 75-001) to Modifying the Sign Criteria of the Design Guidelines for Phase I and Make Certain Findings Under CEQA;

4. Adopt Resolution CC 2024-29, approving Conditional Use Permit (CUP) 22-10 and Site Plan Review (SPR) 22-227 to allow for the construction of advertising display adjacent to landscape freeway (freeway billboard) within the (PCD/C-P) Planned Community Developments/Commercial

11 Zone (Administrative and Professional Office) District, located at 1270 E.

Garvey Street (APN: 8447-031-052) and making findings under CEQA;

5. Waive full reading and introduce Ordinance 24-06, Approving and Adopting a Development Agreement (DA), Between the City of Covina and Bulleting Displays, LLC;” Related to a Proposed Advertising Display Adjacent to Landscape Freeway (Freeway Billboard) Located at 1270 E.

Garvey Street (APN: 8447-031-052); and

6. Amend the proposed development agreement to include a discount for advertising for City businesses and changes to the proposed structure design.

Approved (3 to 1); King No; Linares Absent

NEW BUSINESS
NB 1. Adopting Regulations Regarding the Use of the City of Covina Skate Park and Making a Determination of Exemption Under CEQA; Adoption of Urgency Ordinance 24-02 and Introduction of Ordinance 24-03
The agenda report was provided by Parks & Recreation Supervisor Krystal Smith.

Questions and discussion topics included supervision and oversight of the skate park, hours of operation, the addition of lighting, and fencing.

There were no public comments.

Motion made by: Councilmember Allen
Seconded by: Councilmember Cortez
That the City Council:

1. Waive full reading and adopt Urgency Ordinance 24-02, Amending Sections 9.48.010 and 9.48.075 and Adding Section 9.48.077 to Title 9 of the Covina Municipal Code Updating Definitions and Establishing Regulations for the use of the Covina Skate Park Consistent with California Health & Safety Code Section 115800, Declaring the Urgency Thereof, and Making a Determination of Exemption from CEQA;

2. Waive Full Reading and Introduce Ordinance 24-03, Amending Sections

9.48.010 and 9.48.075 and Adding Section 9.48.077 to Title 9 of the Covina Municipal Code Updating Definitions and Establishing Regulations for the Use of the Covina Skate Park Consistent with California Health & Safety Code Section 115800 and Making a Determination of Exemption From CEQA.

Approved (4 to 0); Linares Absent

12 ADJOURNMENT
At 10:21 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, June 18, 2024, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. _________________________
Fabian Velez, Chief Deputy City Clerk
_________________________
John C. King, Mayor/Chair

1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
June 18, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
Assistant City Attorney Zachary Heinselman
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Interim Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: Administrative Services Director Anita Agramonte _____________________________________________________________________

2 CLOSED SESSION

CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 6:35 p.m. with Councilmember Allen, Mayor Pro Tem Linares, and Mayor King present.

PUBLIC COMMENTS
There were no public comments.

CLOSED SESSION
A. Government Code § 54957.6 – CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative:

Chris Marcarello, City Manager
Update on ongoing negotiations with the various Employee Organizations:

American Federation of State, County and Municipal Employees (AFSCME and discussions with Unrepresented Employees: Executives and Mid-Management, Supervisory and Professional, and Confidential and Technical Employees B. Government Code § 54956.8 – CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: 114 E. Italia Street
Agency Negotiators: Chris Marcarello, City Manager, City of Covina Brian Lee, Community Development Director, City of
Covina
Negotiating Parties: TBD
Under Negotiation: Price and Terms of Payment
RECESS
Mayor King recessed the Council to Closed Session at 6:36 p.m.

JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:33 p.m. with all Councilmembers present.

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Allen.

INVOCATION
Given by Police Chaplain Ron Butler.

3 CLOSED SESSION REPORT
Assistant City Attorney Heinselman reported that there was no reportable action and direction was given to staff.

PRESENTATIONS
A. North America Multi-Family Community of the Year
Mayor King introduced Eric Nelson, Vice President of Trumark Homes, and provided background on the Covina Bowl Project. Mr. Nelson provided a brief background of the award and thanked the City Council and City staff for their cooperation with the project. Mr. Nelson presented the award to the City Council and Mayor King presented a certificate of recognition to Mr. Nelson.

B. Pride Month
Mayor King presented a certificate proclaiming June as Pride Month to City Clerk Aleman. City Clerk Aleman spoke of the work being done to help support elected officials who are part of the LGBTQIA+ community.

PUBLIC COMMENTS
Dora Gomez from Project 29:11 invited the community to their Summer Cooldown event being held on July 9. She also informed the community that the foodbank ran by Project 29:11 was seeking monthly donors.

City Treasurer Neil Polzin commented regarding increasing Pride efforts across the City.

Sandy Futter, Outreach Coordinator for Luminate Church invited the community to their Back 2 School Blast on August 2 where they will be giving away backpacks filled with school supplies and food, and provide assistance with signing up for social services.

Dr. Bri Serreno thanked the City Council for the Pride Month proclamation and suggested community events that he can assist with to help support members in the City's LGBTQIA+ community.

Tom Armbruster thanked the City Council and staff for their quick response on restoring damaged plaques at Jalapa Park honoring those from the City who served and fell during World War 2.

Sonnie Swenston commented regarding the recent Covina Wine Walk event and invited the community to attend the next wine walk being held in December.

John Bachman spoke about issues he and his neighbors are experiencing from the offloading of vehicles in a neighboring lot, commonly known as the Clippinger/Tesla lot.

Jessie Castro also commented with the issues relating to the offloading vehicles near his home.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Cortez thanked those in attendance for being at the meeting and bringing their issues directly to the City Council. She also commended the Community Development staff and Trumark Homes for their efforts that led them to receiving their award. Lastly, she expressed her support for the LGBTQIA+ community.

4 Councilmember Allen provided a background to the upcoming Juneteenth holiday and the progress that has been made even with work remaining to be done. He also recognized the work of the City's Code Enforcement Officers in relation to enforcement of illegal street vendors for the health and safety of the community. Councilmember Allen also gave kudos to Trumark Homes for receiving their award and bringing needed quality housing to the City.

Councilmember Delgado also thanked everyone for being in attendance and echoed Councilmember Allen's comments regarding the City's Code Enforcement Officers. He also reassured members in the audience that issues regarding the Clippinger/Tesla lot are being addressed.

Mayor Pro Tem Linares also thanked those in attendance for allowing their issues to be heard. He also noted that Saturday June 22nd at 11 a.m. the City will have a grand opening for the Covina Skatepark and invited the community to attend. Mayor Pro Tem Linares also thanked Trumark Homes for their work in the community.

Mayor King provided more information on the Skatepark Grand Opening and thanked City Staff and members of the Pawnshop Skate Shop for their contributions and collaboration on the Covina Skatepark. Mayor King also invited the community to attend the Chamber of Commerce's Taste of Covina event taking place on Thursday June 20th at Heritage Park from 6:00 p.m. to 9:00 p.m.

CITY MANAGER COMMENTS
City Manager Marcarello noted that page 6 of exhibit A on Consent Calendar item CC 3 should include a reference date of November 21, 2023, and that updated copies of the exhibits to the resolutions being proposed in Consent Calendar item CC 15 have been provided for consideration.

CONSENT CALENDAR PUBLIC COMMENTS
In response to public comments made by George regarding Consent Calendar item CC 3, Police Captain Walczak informed those in attendance that the Automated License Plate Readers are mounted on public infrastructure to capture as much traffic flow as possible and data is securely stored through cloud services provided by the vendor. City Manager Marcarello also responded to another inquiry from George regarding Consent Calendar item CC 12 and explained that the assessment district roughly encapsulates the Downtown area and funds collected from the property owners in this district are utilized to enhance the area.

CONSENT CALENDAR
Mayor King highlighted Consent Calendar items: CC 3, approving a 2-year lease agreement for Automated License Plate Readers with Flock Group, Inc.; CC 4 and CC 8, approving and agreement with All City Management Services, Inc. for Crossing Guard services, and renewing School Resource Officer MOUs with Covina Valley Unified, Charter Oak Unified, and Azusa Unified School Districts, respectively; CC 16, finalizing the Rowland Avenue Street Rehabilitation project; CC 18, Renewing the subrecipient agreement with the YWCA of San Gabriel Valley for senior services; and CC 20 and CC 22, both accepting grant funding to fund public safety programs.

Councilmember Allen also complimented the Police Department for Consent Calendar item CC 3, noting its ability to aid in police work and enhance public safety.

5 CC 1. Payment of Demands
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Approve Payment of Demands in the amount of $1,989,571.92.

Approved (5 to 0)
CC 2. City of Covina Investment Report for Month Ended May 31, 2024 Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Receive and File.

Approved (5 to 0)
CC 3. Lease of Automated License Plate Readers from Flock Group, Inc.

Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Approve a 2-year lease agreement and funding for five (5) additional Automated License Plate Reader Cameras from Flock Group, Inc. and waive bid requirement per CMC Section 2.20.080-Sole Source Purchase;

2. Adopt Resolution CC 2024-46 increasing the Police Department FY 2024- 25 expenditure budget by $17,250.

Approved (5 to 0)
CC 4. Agreement between All City Management Services Inc., and the City of Covina for Crossing Guard Service
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Approve the agreement between All City Management Services, Inc. and the City of Covina for school crossing guard services for fiscal year 2024- 25; and authorize the City Manager or his designee to execute the agreement; and

2. Approve the crossing guard cost sharing agreements between the City of Covina and Covina Valley Unified School District and Charter Oak Unified School District and authorize the City Manager or his designee to execute agreements.

Approved (5 to 0)
CC 5. Adoption of Ordinances 24-04, 24-05, and 24-06
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Adopt Ordinance 24-04 entitled, “An Ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment ZCA 22-6

6 amending Chapter 17.56 (Overlay Zone (Outdoor Advertising Structures)) of the Covina Municipal Code to extend the S overlay to properties with CP zoning adjacent to freeway right of way, establish advertising displays adjacent to landscape freeways as a conditionally permitted use, and establish requirements for such advertising displays; approving Zoning Change (ZCH) 24-1 amending the Zoning Map to establish an S overlay at 1270 E Garvey Street (APN 8447-031-052); and making findings under CEQA;

2. Adopt Ordinance 24-05 entitled, “An ordinance of the City Council of the City of Covina, California, Amending the Village Oaks Office Park Planned Community Development (PCD) District overlay zone consisting of Phase I (PCD 75-001) to modifying the sign criteria of the design guidelines for Phase I and make certain findings under CEQA; and

3. Adopt Ordinance 24-06 entitled, “An Ordinance of the City Council of the City of Covina, California, approving and adopting a Development Agreement (DA), between the City of Covina and Bulleting Displays, LLC;” related to a proposed advertising display adjacent to landscape freeway (freeway billboard) located at 1270 E. Garvey Street (APN: 8447- 031-052).

Approved (5 to 0)
CC 6. Establishment of Fiscal Year 2024-2025 Article XIIIB Appropriation Limit for the City of Covina
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Adopt Resolution CC 2024-39 establishing the Fiscal Year 2024-2025 Article XIIIB Appropriation Limit for the City of Covina.

Approved (5 to 0)
CC 7. Professional Services Agreement and Authorization for Sole-Source Purchase of Water Meters, Repair Parts and Supplies
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Authorize a sole-source Professional Services Agreement with Ferguson Waterworks (authorized sole distributor) for the purchase of Neptune Technology Group water meter equipment and supplies in an amount not-to-exceed $312,500 over a five-year term through June 30, 2029.

Approved (5 to 0)
CC 8. Memorandum(s) of Understanding with Covina Valley Unified, Charter Oak Unified and Azusa Unified School Districts Regarding School Resource Officers
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

7 Approve the three Memorandums of Understanding (MOU) to assign School Resource Officers (SRO) within Covina Valley Unified, Charter Oak Unified and Azusa Unified School Districts and authorize the City Manager or his designee to execute the MOUs.

Approved (5 to 0)
CC 9. AB481 Annual Report for 2023
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Review and Approve AB481 Annual Report for 2023.

Approved (5 to 0)
CC 10. Investment Policies for Fiscal Year 2024-2025 for the City of Covina and Successor Agency to the Covina Redevelopment Agency
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Adopt Resolution CC 2024-36 adopting an investment policy for the City’s investment portfolio for Fiscal Year 2024-2025 and adopt Successor Agency Resolution SA 2024-02 adopting an investment policy for the Agency’s investment portfolio for Fiscal Year 2024-2025.

Approved (5 to 0)
CC 11. Adoption of Ordinance 24-03
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Adopt Ordinance 24-03 entitled, “An Ordinance of the City Council of the City of Covina, California, amending Sections 9.48.010 and 9.48.075 and adding Section

9.48.077 to Title 9 of the Covina Municipal Code updating definitions and establishing regulations for the use of the Covina Skate Park consistent with California Health & Safety Code Section 115800 and making a determination of exemption from CEQA”.

Approved (5 to 0)
CC 12. Adopt Resolution CC 2024-33 Declaring the Intent to Levy and Collect Assessments on Vehicle Parking District No. 1 for Fiscal Year 2025 and Set Public Hearing for Protests in Relation Thereto
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. City Council to receive and file the Engineer’s Report; and

2. Adopt Resolution CC 2024-33 declaring the City’s intention to levy and collect assessments on Vehicle Parking District No. 1 for Fiscal Year 2025 and setting the Public Hearing date for July 16, 2024 for hearing protests in relation thereto.

8 Approved (5 to 0)
CC 13. Adopt Resolution CC 2024-37 Ordering the Engineer’s Report and Resolution CC 2024-38 Approving the Engineer’s Report and Declaring the Intent to Levy and Collect Assessments on Covina Landscaping District No. 1 for FY 2025 and Set Public Hearing
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-37 ordering the City’s Assessment Engineer to prepare and file a report levying assessments within the Covina Landscaping District No. 1 for Fiscal Year 2025; and

2. Adopt Resolution CC 2024-38 approving the Engineer’s Report and declaring its intention to levy and collect assessments on the Covina Landscaping District No. 1 for Fiscal Year 2025 and setting the Public Hearing date for July 16, 2024 for hearing protests in relation thereto.

Approved (5 to 0)
CC 14. Adopt Resolution CC 2024-34 Ordering the Engineer’s Report & Resolution CC 2024-35 Approving the Engineer’s Report and Declaring the Intent to Levy & Collect Assessments for Covina’s Lighting District No. 1978-79 for FY 2025 & Set Public Hearing
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-34 ordering the City’s Assessment Engineer to prepare and file a report levying assessments within the Covina Lighting District No. 1978-79 for Fiscal Year 2025; and

2. Adopt Resolution CC 2024-35 approving the Engineer’s Report and declaring its intention to levy and collect assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2025 and setting the Public Hearing date for July 16, 2024 for hearing protests in relation thereto.

Approved (5 to 0)
CC 15. Consideration to Approve Memorandums of Understanding and Salary Schedules between the City of Covina and the Police Association of Covina; the Police Supervisors of Covina and the Police Management Group Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Adopt Resolution CC 2024-47, Resolution CC 2024-48 and Resolution CC 2024-49 approving the salary schedules and Memorandums of Understanding between the City of Covina and The Police Association of Covina (“PAC”); the Police Supervisors of Covina (“PSC”) and the Police Management Group (“PMG”) for a four-year period, July 1, 2024 – June 30, 2028.

Approved (5 to 0)

9 CC 16. Rowland Avenue Street Rehabilitation Project – Project No. P2204 & P2314 – Final Acceptance and Filing Notice of Completion
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Accept the work performed by Gentry Brothers, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Rowland Avenue Street Rehabilitation Project – Project No. P2204 & P2314.

Approved (5 to 0)
CC 17. Confirm and Approve City Council’s Appointments to Various City of Covina Boards and Commissions
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Approve the City Council’s appointments to various City of Covina Boards and Commissions.

Approved (5 to 0)
CC 18. Renewal of Subrecipient Agreements for Senior Case Management and Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2024- 2025
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Approve the renewal of Subrecipient Agreements for Senior Case Management and Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2024- 2025 and authorize the City Manager to execute the Agreements.

Approved (5 to 0)
CC 19. Award of Professional Services Agreement to Compressor Design & Services, Inc for Monthly Preventative Maintenance of the City’s Compressed Natural Gas (CNG) Station at the Public Works Yard
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Authorize the City Manager to execute a Professional Services Agreement with Compressor Design & Services, Inc. for monthly preventative maintenance of the City’s CNG station at the Public Works Yard for the period between July 1, 2024, through June 30, 2027, for an amount not-to-exceed $45,000 with the option to extend the agreement for an additional two (2) one-year terms through June 30, 2029.

Approved (5 to 0)
CC 20. Accept a Grant in the Amount of $39,250 from the State of California Alcohol Beverage Control (ABC)

10 Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-43 accepting grant allocation from the California Department of Alcohol Beverage Control in the amount of $39,250 and increasing the Police Department Fiscal Year 2024-25 budget by the same amount; and

2. Authorize the City Manager or his designee to sign all necessary documents associated with this grant including agreements and assurances that are forthcoming.

Approved (5 to 0)
CC 21. An Amendment to the Ground Lease between the City of Covina and the Covina Housing Authority for Property Owned by the City Located at the Southeast Corner of the Combined Parcels of 601 E. San Bernardino Road and 534 North Barranca Avenue
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Authorize the City Manager/Executive Director to execute an amendment to the Ground Lease (“Lease”) between the City of Covina (“City”), as landlord, and the Covina Housing Authority (“Authority”), as tenant, in substantially the form attached as Attachment “B” with such changes therein as the City Manager/Executive Director may approve, and all related documents, and to take such actions as they deem necessary or proper to effectuate the purpose of the Lease.

Approved (5 to 0)
CC 22. Acceptance of California Highway Patrol Grant Funding Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado

1. Approve Resolution CC 2024-44 accepting $427,120.68 in grant funding from the Cannabis Tax Fund Grant Program (CTFGP) under the California Highway Patrol;

2. Increase the Police Department FY 2024-25 budget to allocate said funding; and

3. Authorize the City Manager or his designee to execute the grant documents that are forthcoming.

Approved (5 to 0)
CC 23. Police Vehicle Purchase
Motion made by: Councilmember Allen
Seconded by: Councilmember Delgado
Approve the purchase of a new police vehicle in the amount of $55,871.74 and vehicle retrofitting for $20,000.

11 Approved (5 to 0)

PUBLIC HEARINGS
PH 1. Entitlement Applications for a Proposed Avid Hotel Development at 578 N.

Azusa Avenue
Staff recommendation:

1. Resolution CC 2024-40, Initial Study/Mitigated Negative Declaration (IS/MND) with Mitigation Monitoring and Reporting Programs (MMRPs) as adequately prepared in accordance with the California Environmental Quality Act (CEQA);

2. Waive full reading and introduce Ordinance 24-07, entitled “An Ordinance of the City Council of the City of Covina, California, Adopting Planned Community Development (PCD) 21-2, to Allow for the Development of a

0.84-Acre Site for a Hotel Use Consisting of 68 Rooms, Surface Parking on a 36,732-Square-Foot Site, Alley Relocation, and Associated Site Improvements, Located at 578 N. Azusa Avenue (Apns 8432-006-015 And 8432-006-017)”;

3. Resolution CC 2024-41, Tentative Parcel Map No. 84397; and

4. Resolution CC 2024-42, Conditional Use Permit (CUP) 21-29, and Site Plan Review (SPR) 21-160, to allow for the development of a hotel use and alley relocation, for the property located at 578 N. Azusa Avenue (APNs 8432-006-015 and 8432-006-017).

Mayor King opened the public hearing.

The agenda report and presentation were provided by Planning Manager Mercy Lugo, Consultant Frankie Tong, Project Architect Aram Alajajian, and Property Owner Raj Patel.

Residents Thomas Salinas, Curtis, Robert Sanchez, George, and Angelique Juarez provided comments in opposition to the item citing issues with location, traffic safety and congestion concerns, public safety and crime concerns, noise and lighting concerns, an increase in transient population in the area, and the proposed development’s proximity to a high school.

Property Owner Patel provided responses to concerns that were brought forward.

Questions and discussion from Council included security plans, training of hotel management, noise insulation, time and span of noticing to the adjacent neighborhood, traffic, job creation, and meeting with residents to address concerns.

Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
To continue the public hearing to the August 20, 2024, regular City Council meeting.

Approved (5 to 0)

12 PH 2. Entitlement Applications for a Proposed Three-Story, 75-Unit Residential Townhome Development, for Property Located at 747 N. Barranca Avenue Mayor King opened the public hearing.

The agenda report was provided by Planning Manager Lugo.

Developer Eric Nelson provided more information regarding the proposed project.

There were no public comments.

In response to an inquiry from Mayor King, Planning Manager Lugo informed the City Council that the Kizh Nation has not found any issues with the adjacent Zest 1 project and does not anticipate issues with the proposed development.

Mayor King closed the public hearing.

Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
City Council approval of Vesting Tentative Tract Map (VTTM) No. 84311, Site Plan Review (SPR) 23-253 and, a determination of exemption from the California Environmental Quality Act (CEQA).

Approved (5 to 0)

ADJOURNMENT
At 10:21 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in memory of John Bellucci to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 2, 2024, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. _________________________
Fabian Velez, Chief Deputy City Clerk
_________________________
Jon C. King, Mayor/Chair

CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: July 2, 2024
Title: Payment of Demands
Presented by: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $3,052,638.40.

EXECUTIVE SUMMARY/BACKGROUND:

Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:

Accounts Payable Warrants May 31, 2024 – June 13, 2024
CITY checks/EFTs $ 2,000,093.75
CITY payroll $ 1,023,206.83
CITY voids $ (784.47)
Worker’s Comp $ 23,439.69
$ 3,045,955.80
SACRA checks/EFTs $ 1,258.55
SACRA payroll $ 5,424.05
$ 6,682.60
TOTAL checks/EFTs $ 3,052,638.40
DISCUSSION:

The attached reports have been reviewed by the Administrative Services Director.

FISCAL IMPACT:

Sufficient funding is available and the related costs are included in the Fiscal Year 23/24 Budget.

Respectfully submitted,

CITY OF COVINA
Check Register
May 31, 2024 - June 13, 2024
Check # Check Date Vendor Name Amount
5956 04/29/2024 5438 BMO 28,212.98
5957 06/06/2024 4003 MidAmerica 2,465.15
20825 06/06/2024 788 COVINA, CITY OF 95.71
20826 06/06/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,050.00 20827 06/06/2024 788 COVINA, CITY OF 48,251.18
20828 06/06/2024 789 COVINA-FSA, CITY OF 570.84
20829 06/06/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 27,241.28 20830 06/06/2024 487 CalPERS 7,020.95
20831 06/06/2024 487 CalPERS 96,792.23
subtotal EFT/wires/direct deposits $ 217,700.32
121637 06/06/2024 239 AUTOZONE INC 286.52
121638 06/06/2024 254 AZUSA LIGHT & WATER 49.25
121639 06/06/2024 381 BOOMERANG BLUEPRINT 154.38
121640 06/06/2024 411 BRODART CO 142.17
121641 06/06/2024 437 BURRO CANYON ENT INC 160.00
121642 06/06/2024 480 CALIFORNIA ASSOCIATION OF 1,200.00 121643 06/06/2024 493 CWE 849.00
121644 06/06/2024 600 CERTIFIED UNDERCAR PARTS 6.68
121645 06/06/2024 649 CINTAS CORP #693 314.79
121646 06/06/2024 653 CITRUS AUTO UPHOLSTERY 278.59
121647 06/06/2024 661 CITY OF LA ZOO DEPARTMENT 709.00
121648 06/06/2024 783 CITY OF COVINA WATER 569.62
121649 06/06/2024 810 CROP PRODUCTION SERVICES 3,681.78 121650 06/06/2024 884 DEPT OF ALCOHOLIC 650.00
121651 06/06/2024 970 EDISON CO 6.95
121652 06/06/2024 970 EDISON CO 7,966.75
121653 06/06/2024 1106 FRANCHISE TAX BOARD/STATE CONTROLLER 20.67 121654 06/06/2024 1371 HOSE MAN INC, THE 331.67
121655 06/06/2024 1445 INTL ASSOC OF CHFS POLICE 190.00 121656 06/06/2024 1617 REGISTRAR-RECORDER, COUNTY CLERK 63.00 121657 06/06/2024 1768 MACADAM, HEIDI 137.07
121658 06/06/2024 1933 MISSION LINEN SUPPLY 18.96
121659 06/06/2024 1991 MOTOROLA 6,863.51
121660 06/06/2024 2091 O REILLY AUTO PARTS 11.15
121661 06/06/2024 2238 PEST OPTIONS INC 845.00
121662 06/06/2024 2415 REPUBLIC MASTER CHEFS 253.24
121663 06/06/2024 2711 SOUTHEAST CONSTRUCTION INC 75.47 121664 06/06/2024 2855 CHARTER COMMUNICATIONS 356.16
121665 06/06/2024 2935 UNDERGROUND SERVICE ALERT 57.32
121666 06/06/2024 2958 USPS - POC ACCOUNT #8098154 980.50 121667 06/06/2024 3004 VICTORY EXTERMINATING INC 75.00
121668 06/06/2024 3070 WEST COAST ARBORISTS INC 1,040.00 121669 06/06/2024 3082 WESTERN WATER WORKS SUPPLY 294.14 121670 06/06/2024 3729 SUNBELT RENTALS INC 1,142.19
121671 06/06/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 102.87 121672 06/06/2024 3796 RICHARDS, WATSON & GERSHON 27,908.75 121673 06/06/2024 3817 FUN EXPRESS, LLC 68.76
121674 06/06/2024 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 2,316.35 121675 06/06/2024 3923 PARKHOUSE TIRE SERVICE INC 567.78 121676 06/06/2024 3953 GOLDEN METERS SERVICES INC 2,811.00 121677 06/06/2024 3988 LANDSCAPE WAREHOUSE III 2,296.76 121678 06/06/2024 4065 VERIZON WIRELESS 701.37
Attachment A Page 1 of 4

CITY OF COVINA
Check Register
May 31, 2024 - June 13, 2024
Check # Check Date Vendor Name Amount
121679 06/06/2024 4077 INTERWEST CONSULTING GROUP INC 9,880.00 121680 06/06/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,704.02 121681 06/06/2024 4247 UNITED WATER WORKS INC 252.88
121682 06/06/2024 4292 DUDEK 1,722.50
121683 06/06/2024 4360 MOORE IACOFANO GOLTSMAN, INC. 5,901.25 121684 06/06/2024 4455 FRONTIER 4,065.31
121685 06/06/2024 4582 USABLUEBOOK 679.16
121686 06/06/2024 4682 Evan Brooks Associates, Inc. 15,300.00 121687 06/06/2024 4764 UniFirst Corporation 1,662.22
121688 06/06/2024 4817 Weck Analytical Environmental Services, Inc. 203.00 121689 06/06/2024 4833 Michael R. Hillmann 2,080.00
121690 06/06/2024 4854 CEJ Engineers, Inc. 1,050.00
121691 06/06/2024 4856 Van Deusen & Associates, Inc. 4,320.00 121692 06/06/2024 4965 Environment Planning Development Solutions, Inc. 12,478.00 121693 06/06/2024 4979 GRBCON, Inc. 324,799.97
121694 06/06/2024 5045 CONVERSE CONSULTANTS 5,203.68
121695 06/06/2024 5137 MasterCorp Commercial Services LLC 4,578.79 121696 06/06/2024 5228 ODP BUSINESS SOLUTIONS, LLC 135.57 121697 06/06/2024 5245 THERESA FLORES-FRANKE 6.19
121698 06/06/2024 5338 PARTY PRONTO INC 1,352.00
121699 06/06/2024 5354 MALLORY SAFETY & SUPPLY LLC 262.80 121700 06/06/2024 5404 SAN FERNANDO VALLEY ALARM CO. 82.00 121701 06/06/2024 5506 QUALITY AUTO SUPPLY INC 706.70
121702 06/06/2024 5515 BBS CONSTRUCTION INC 76,479.75
121703 06/06/2024 5523 VANTAGE ID APPLICATIONS INC 1,681.31 121704 06/06/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 121705 06/06/2024 5533 KOSMONT & ASSOCIATES INC 1,154.40 121706 06/06/2024 5535 JESUS NEGRETE 3,200.00
121707 06/06/2024 99999 AKBAR SIDDIQUI 80.00
121708 06/06/2024 99999 AUTO ENTHUSIAST LLC 43.91
121709 06/06/2024 99999 CB BAHAMAS 115.65
121710 06/06/2024 99999 CHENEY HOOKER 190.00
121711 06/06/2024 99999 ERIK ANDRADE 110.00
121712 06/06/2024 99999 ESTEBAN ORTEGA 199.93
121713 06/06/2024 99999 FREDY TRUJILLO 80.00
121714 06/06/2024 99999 JAMES TAYLOR 80.00
121715 06/06/2024 99999 OLGA P CORTEZ 403.58
121716 06/06/2024 99999 TIM HONG 56.97
121717 06/06/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,338.09 121718 06/06/2024 69 AFSCME District Council 36 733.78
121719 06/06/2024 775 COVINA POLICE ASSOCIATION 3,050.00 121720 06/06/2024 878 DELTA DENTAL OF CALIFORNIA 9,151.50 121721 06/06/2024 1106 FRANCHISE TAX BOARD 100.00
121722 06/06/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 121723 06/06/2024 3846 CLEA 1,120.00
121724 06/06/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,543.44 121725 06/06/2024 4710 Fidelity Security Life Insurance Company 972.09 121726 06/10/2024 661 CITY OF LA ZOO DEPARTMENT 709.00
121727 06/13/2024 44 ADAMSON INDUSTRIES 7,285.30
121728 06/13/2024 113 ALL CITY MANAGEMENT SVC 13,996.91 121729 06/13/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,228.21 121730 06/13/2024 219 AT&T 379.92
Attachment A Page 2 of 4

CITY OF COVINA
Check Register
May 31, 2024 - June 13, 2024
Check # Check Date Vendor Name Amount
121731 06/13/2024 219 AT&T 53.89
121732 06/13/2024 437 BURRO CANYON ENT INC 120.00
121733 06/13/2024 649 CINTAS CORP #693 629.58
121734 06/13/2024 654 CITRUS CAR WASH 119.96
121735 06/13/2024 706 COMMERCIAL DOOR CO INC 957.69
121736 06/13/2024 707 COMMERCIAL ELECTRIC SYSTEMS 505.00 121737 06/13/2024 749 BOHL PH.D., NANCY K. 1,741.25
121738 06/13/2024 766 COVINA DISPOSAL CO 20,407.74
121739 06/13/2024 771 COVINA IRRIGATING CO 273,976.01
121740 06/13/2024 894 DF POLYGRAPH 600.00
121741 06/13/2024 970 EDISON CO 57,003.84
121742 06/13/2024 1075 WEX BANK 255.38
121743 06/13/2024 1198 GLOBALSTAR LLC 102.17
121744 06/13/2024 1204 GOLDEN STATE WATER COMPANY 1,460.06 121745 06/13/2024 1235 GRAINGER 1,664.09
121746 06/13/2024 1361 HOLLIDAY ROCK CO INC 244.59
121747 06/13/2024 1437 INTER-CON SECURITY SYSTEMS INC 13,777.28 121748 06/13/2024 1505 JOHNNY'S POOL SERVICE 1,256.65
121749 06/13/2024 1531 JW LOCK CO INC 317.80
121750 06/13/2024 1561 KEYSTONE UNIFORM DEPOT 819.71
121751 06/13/2024 1571 KING BOLT CO 188.42
121752 06/13/2024 1620 LA CNTY TAX COLLECTOR 469.72
121753 06/13/2024 1646 LANGUAGE LINE SERVICES INC 93.06 121754 06/13/2024 1663 LAW ENFORCEMENT MEDICAL 1,250.00 121755 06/13/2024 1694 LEWIS ENGRAVING INC 41.34
121756 06/13/2024 1751 LOU'S GLASS HOUSE OF COVINA 543.30 121757 06/13/2024 1754 LOWE'S COMPANIES INC 365.15
121758 06/13/2024 1825 MASONIC HOMES OF CALIFORNIA 1,200.00 121759 06/13/2024 1895 MERRIMAC ENERGY GROUP 32,226.64
121760 06/13/2024 1933 MISSION LINEN SUPPLY 37.92
121761 06/13/2024 2275 POIRIER, ROBERT 140.00
121762 06/13/2024 2277 POLLARD WATER 227.67
121763 06/13/2024 2312 PROFORCE MARKETING, INC 29,073.32 121764 06/13/2024 2329 PUENTE READY MIX INC 970.82
121765 06/13/2024 2345 QUILL 58.40
121766 06/13/2024 2415 REPUBLIC MASTER CHEFS 505.14
121767 06/13/2024 2466 RODRIGUEZ, DAVID 223.52
121768 06/13/2024 2689 SNAP ON TOOLS 1,690.00
121769 06/13/2024 2795 SWRCB 3,046.87
121770 06/13/2024 2855 CHARTER COMMUNICATION 146.71
121771 06/13/2024 2935 UNDERGROUND SERVICE ALERT 171.00 121772 06/13/2024 3001 VERIZON WIRELESS 7,182.85
121773 06/13/2024 3052 WATERLINE TECHNOLOGIES INC 2,950.35 121774 06/13/2024 3082 WESTERN WATER WORKS SUPPLY 636.04 121775 06/13/2024 3163 GENTRY BROTHERS INC 588,050.00
121776 06/13/2024 3701 DEPARTMENT OF JUSTICE 260.00
121777 06/13/2024 3729 SUNBELT RENTALS INC 357.55
121778 06/13/2024 3749 JCL TRAFFIC SERVICES 1,163.64
121779 06/13/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 100.00 121780 06/13/2024 3796 RICHARDS, WATSON & GERSHON 16,831.20 121781 06/13/2024 3988 LANDSCAPE WAREHOUSE III 824.47
121782 06/13/2024 4209 ADLERHORST INTERNATIONAL 484.00
Attachment A Page 3 of 4

CITY OF COVINA
Check Register
May 31, 2024 - June 13, 2024
Check # Check Date Vendor Name Amount
121783 06/13/2024 4247 UNITED WATER WORKS INC 1,181.48
121784 06/13/2024 4438 CALIFORNIA COMPUTER SCHOOLS, INC 105.00 121785 06/13/2024 4455 FRONTIER 2,758.32
121786 06/13/2024 4582 USABLUEBOOK 369.72
121787 06/13/2024 4676 Hill Brothers Chemical Company 1,084.59 121788 06/13/2024 4682 Evan Brooks Associates, Inc. 13,560.00 121789 06/13/2024 4713 Fisher Integrated, Inc. 1,200.00 121790 06/13/2024 4764 UniFirst Corporation 322.52
121791 06/13/2024 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 121792 06/13/2024 4854 CEJ Engineers, Inc. 34,080.00
121793 06/13/2024 4952 Next Level Elevator 1,050.00
121794 06/13/2024 4977 Enterprise FM Trust 6,009.79
121795 06/13/2024 4983 Ad Valorem Records,Inc. 6,668.36 121796 06/13/2024 5011 Excel Office Services 458.94
121797 06/13/2024 5117 Steam It All LLC 620.00
121798 06/13/2024 5169 Occupational Health Centers of California 154.00 121799 06/13/2024 5203 FEHR & PEERS 6,171.79
121800 06/13/2024 5219 ROBERTSON INDUSTRIES, INC 2,615.00 121801 06/13/2024 5269 CONTROL AIR ENTERPRISES LLC. 536.54 121802 06/13/2024 5280 ALDERMAN & HILGERS LLP 558.00
121803 06/13/2024 5291 AMAZON CAPITAL SERVICES, INC 610.38 121804 06/13/2024 5508 ROADLINE PRODUCTS INC USA 2,658.95 121805 06/13/2024 5521 COMPRESSOR DESIGN AND SERVICES INC 1,429.76 121806 06/13/2024 5534 DALE A. PETERS 150.00
121807 06/13/2024 99999 CHARLES FANN 44.00
121808 06/13/2024 99999 CLAUDINE MEDINA 71.36
121809 06/13/2024 99999 CYNTHIA GRAY 40.04
121810 06/13/2024 99999 DETENTE ESCROW CORPORATION 92.68 121811 06/13/2024 99999 HORNE LLP dba CA LIHWAP 488.67
121812 06/13/2024 99999 JASON OLDHAM 61.09
121813 06/13/2024 99999 KEVIN FINLEY 143.59
121814 06/13/2024 99999 MARSHALL KANG 37.95
121815 06/13/2024 99999 SWEETS INDEED LLC 16.43
121816 06/13/2024 99999 VANISHING POINT PROPERTIES INC 16.26 121817 06/13/2024 99999 WEI REN 37.50
subtotal checks $ 1,783,651.98
120784 04/03/2024 2711 SOUTHEAST CONSTRUCTION INC (75.47) 121647 06/06/2024 661 CITY OF LA ZOO DEPARTMENT (709.00) subtotal voids $ (784.47)
payroll (06/06/24) $ 1,028,630.88
payroll ( / / ) $ -
workers' compensation $ 23,439.69
TOTAL checks/EFTs $ 3,052,638.40
Attachment A Page 4 of 4

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: July 2, 2024
Title: First Amendment to Professional Services Agreement with Interwest Consulting Group Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve First Amendment to Professional Services Agreement with Interwest Consulting Group for Specialized Community Development and Planning Services.

EXECUTIVE SUMMARY/DISCUSSION:

On July 26, 2022, the City Council approved a Professional Services Agreement (Agreement) for Interwest Consulting Group (Interwest) to provide specialized Planning and Community Development consulting services.

The approved Agreement was for two years with an option of two one-year extensions, and the approved contract amount was not to exceed $400,000. The proposed amendment no. 1 is to increase the contract amount by $100,000 for a total contract amount not to exceed $500,000, and extend the agreement term to July 2025 for continued specialized services.

The scope of services under the professional services agreement include but is not limited to:
 Assist the Director in preparing new development standards, as needed.  Update and modernize various Zoning code sections to comply with state law.  Provide project management for high-profile and complex development project applications.  Any other special planning/community development tasks as assigned by the Director of Community Development
The increase in compensation is to account for a comprehensive update of the Covina Zoning Code, which is estimated to take two (2) years to complete (See Attachment A) FISCAL IMPACT:

Compensation for Interwest Consulting Group specialized services is included in the Fiscal Year 2024-2025 Operating Budget. In addition to the specialized services, compensation may be offset through work assigned to Development projects of which a development agreement or deposit is created for actual services rendered and through grant funding, if applicable.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

ATTACHMENT A

ATTACHMENT B

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF COVINA AND
INTERWEST CONSULTING GROUP, INC., FOR

PLANNING CONSULTING SERVICES
This First Amendment is hereby entered into as of July 2, 2024, by and between the City of Covina, a municipal corporation (hereinafter referred to as “CITY”) and Interwest Consulting Group, Inc. a Colorado Corporation (hereinafter referred to as “Consultant”), concerning that Agreement for consultant services between the parties dated July 26, 2024. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This First Amendment is made concerning the following facts and purposes.

A. On July 19, 2022, the City and Consultant entered into a Professional Services Agreement for general community development and planning consultant services in the amount not to exceed $400,000.

B. The parties now desire to:

1. Amend the compensation amount to $500,000 and update the approved fee schedule, attached as Exhibit A

2. Extend the term of the agreement by one year, to July 19, 2025

2. Compensation.

A. Compensation. Compensation. As full compensation for the Consultant’s services provided under this Agreement, the City shall pay the Consultant a sum not to exceed Five Hundred Thousand Dollars ($500,000) (the “maximum compensation”), based on the hourly rates outlined 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.

3. Term of Agreement. The term of this Agreement shall be from the Effective Date through July 19, 2025, unless sooner terminated as provided in Section 13 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year term. In no event shall the contract be extended beyond July 19, 2026.

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

In witness whereof the parties have executed this First Amendment on the date set forth above in the introductory clause.

City of Covina, Interwest Consulting Group, Inc.
a California municipal corporation a Colorado Corporation By: ____________________________ By: _______________________________ Chris Marcarello, City Manager NAME
Chief Executive Officer

By: ________________________________
NAME
Chief Revenue Officer
ATTEST:
_________________________________
Fabian Velez
Chief Deputy City Clerk

EXHIBIT A

APPROVED FEE SCHEDULE

Billing Rates
Effective July 2024
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such incr ease shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate
Planning Services
Community Development Director ........................................................................................................... 220 Project Manager ........................................................................................................................................ 190 Planning Manager ..................................................................................................................................... 200 Principal-in-charge ...................................................................................................................................... 182 Principal Planner/Urban Designer. ............................................................................................................ 153 Principal Planner........................................................................................................................................ 142 Senior Planner ........................................................................................................................................... 165 Associate Planner ...................................................................................................................................... 120 Assistant Planner ....................................................................................................................................... 104 Planning Technician ..................................................................................................................................... 90 Administrative Assistant ............................................................................................................................. 65 Administrative
Grant Manager .......................................................................................................................................... 165 Grant Writer .............................................................................................................................................. 155 Management Analyst II ............................................................................................................................. 125 Management Analyst I .............................................................................................................................. 115 Senior Administrative ................................................................................................................................ 115 Administrative III ....................................................................................................................................... 100 Administrative II .......................................................................................................................................... 90 Administrative I ........................................................................................................................................... 75

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: July 2, 2024
Title: Third Amendment to Professional Services Agreement with MIG, Inc for On Call Planning Consulting Services
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve a third amendment to Professional Services Agreement with MIG, Inc. for on call planning consulting services.

EXECUTIVE SUMMARY/DISCUSSION:

On December 21, 2021, the City Council approved a Professional Services Agreement (Agreement) with Moore Icofanio Goltsman, Inc, (MIG, Inc.) to conduct on-call planning consulting services. The approved Agreement includes a not-to-exceed amount of $150,000 and two optional one-year extension periods (through December 31, 2024). The proposed third amendment would increase the contract amount by $125,000 for a total maximum compensation amount not to exceed $275,000, update the approved fee schedule for estimated on-call planning services, and extend the term of the agreement for one-year through December 31, 2025. MIG, Inc., provides support to the Planning Division on assigned complex development projects on a case-by-case basis. Services have temporarily increased beginning March 2024 as additional support was needed due to two (2) vacancies in the Planning Division.

FISCAL IMPACT:

Compensation for MIG, Inc. planning consulting services is included in the Fiscal Year 2024-2025 Operating Budget. In Fiscal Year 2023-2024, Full-Time staff savings from the two Planning Division vacancies were transferred to Planning Consulting to help offset the staffing shortage in the Division. In addition to the specialized services, compensation may be offset through work assigned to Development projects of which a development agreement or deposit is created for actual services rendered.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

ATTACHMENT A

THIRD AMENDMENT TO AGREEMENT

BETWEEN THE CITY OF COVINA AND MIG
THIS THIRD AMENDMENT is made and entered into as of July 2, 3034, by and between the City of Covina, a municipal corporation (hereinafter referred to as “City”), and MIG, Inc., a California Corporation (hereinafter referred to as “consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This THIRD AMENDMENT is made concerning the following facts and purposes:

A. On December 21, 2021, the City and Consultant entered into that certain Professional Services Agreement for One Hundred and Fifty Thousand Dollars ($150,000) (“Agreement”).

B. On December 5, 2022, the City and Consultant extended the term of this Agreement to December 31, 2023.

C. On November 13, 2023, the City and Consultant extended the term of this Agreement to December 31, 2024.

D. On July 2, 2024, the City and Consultant desire to extend the term of this agreement to December 31, 2025, amend the compensation limit by One Hundred and Twenty-Five Thousand Dollars ($125,000) for a new compensation limit of Two Hundred and Seventy-Five Thousand Dollars ($275,000), and update the Approved Fee Schedule as shown in Exhibit A.

2. Section 1 of the Agreement entitled “TERM OF AGREEMENT” is hereby amended to read as follows:
“The term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Section 20 of this Agreement”.

3. Section 2 of the Agreement entitled “COMPENSATION” is hereby amended to read as follows:
“As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Two Hundred and Seventy-Five Thousand Dollars ($275,000) (the “maximum compensation”), based on the hourly rates outlined 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.

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

The Parties, through their duly authorized representatives, are signing this Fifth Amendment on the date stated in the introductory clause.
[SIGNATURES TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this THIRD AMENDMENT to be executed the day and year first above written.

City:

City of Covina,
a California municipal corporation
By: ___________________________________
Name: Chris Marcarello
Title: City Manager
ATTEST:

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

MIG, 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 the Agreement on behalf of the
corporation.)

EXHIBIT A

APPROVED FEE SCHEDULE

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: July 2, 2024
Title: Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $51,500 Presented by: Rafael M. Fajardo, Interim Public Works Director/City Engineer Recommendation: 1. Approve plans and specifications for the Hollenbeck Park Trash Enclosure Project – Project No. P2501;

2. Award a contract for the Hollenbeck Park Trash Enclosure Project – Project No. P2501 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $51,500 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $5,000 to cover the cost of unforeseen construction expenses.

EXECUTIVE SUMMARY/BACKGROUND:

As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved a project entitled, “Hollenbeck Park Trash Enclosure Project,” which consists of the installation of a new trash enclosure at the westerly end of Hollenbeck Park, located at 1250 North Hollenbeck Avenue.

The installation of a new trash enclosure at Hollenbeck Park will feature:
 Construction of a new trash enclosure per City of Covina Trash Enclosure Standard Plans  Installation of metal roof panels and metal doors for sustainability  Color match to City specific Standard Plans that complements other citywide trash enclosures DISCUSSION:

The Department of Public Works requested informal proposals from three companies approved for On-Call Services for Maintenance and Repair of City Facilities. City staff subsequently received the following three (3) proposals:

Rank Bidder Location Total Base Bid Amount
1 Siterep Construction Services, Inc San Dimas, CA $51,500 2 FS Contractors, Inc. Sylmar, CA $94,000
3 Green Giant Landscape, Inc. La Habra, CA $95,000
Staff reviewed the bid documents for completeness and concluded that Siterep Construction Services, Inc. is the lowest responsive and responsible bidder to perform the construction of this project. Siterep Construction Services, Inc. has satisfactorily completed projects for the City of Covina including the Hollenbeck Park Pickleball Court Construction Project and the Covina Theater Seating Rail/Restroom Construction Project.

FISCAL IMPACT:

A funding amount of $150,000 has been allocated in the City’s approved Fiscal Year 2024-2025 Capital Improvement Program Budget for the Hollenbeck Park Trash Enclosure Project – Project No. P2501 from Environmental Funds.

Funding Amount Account
Environmental $150,000 6200-5580-55200-P2501
Total $150,000

PROJECT EXPENSES
Description Amount
Base Bid (Siterep Construction Services, Inc.) $51,500
Contingency Allowance (10%) $5,000
Total Contract Amount $56,500
Construction Management & Inspection Services (CEJ Engineers, Inc.) $19,080 Total Fiscal Impact $75,580
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

City of Covina
Public Works Department - Engineering DivisionHollenbeck Park Trash Enclosure Project Item Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Clearing and Grubbing, including removal of AC, landscape, and all other removals. LS 5,000.00 1 $ 5,000.00 $ 20,000.00 $ 20,000.00 $ 4,000.00 $ 4,000.00 $ 2 pg
pavement, non-absorbent high gloss paint applied to the interior walls, and all incidentals complete in place, per Standard Plans attached.

LS 84,000.00 1 $ 84,000.00 $ 70,000.00 $ 70,000.00 $ 46,500.00 $ 46,500.00 $ 3 Furnish and Install Concrete sealer (PS 100 or approved equal) per plans Including all incidentals complete in place, per plans, details, and specifications.

LS 5,000.00 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ Total $ 95,000.00 94,000.00 $ $ 51,500.00
Informal Bid Submission Deadline - June 11, 2024 at 10:00 am Base Bid FS Constractors, Inc. Siterep Construction Services, Inc. Green Giant Landscape, Inc.

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 2, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to upgrades and improvements in relation to the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Fifty-One Thousand Five Hundred Dollars ($51,500) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

3. Contractor’s Work.

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

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

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

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

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.

Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.

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

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

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

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

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

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

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

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

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

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

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

P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

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

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.

Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

11. Insurance.

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

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

3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

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

If to City: If to Contractor:

Attn: Andre Ortiz, President
City of Covina Siterep Construction Services, Inc
125 E. College Street 301 E. Arrow Highway, Suite 105
Covina, California 91723 San Dimas, CA 91773

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.

All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Siterep Construction Services, Inc.
a California Corporation
By:

Name: Andre Ortiz
Title: President
By:

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

EXHIBIT A

SCOPE OF WORK

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Hollenbeck Park Trash Enclosure Project – Project No. P2501 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT D

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

WHEREAS the City of Covina (“City”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Hollenbeck Park Trash Enclosure Project – Project No. P2501 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 2, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Nineteen Thousand and Eighty Dollars ($19,080) (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.

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

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

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

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

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

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

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

11. Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

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

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

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

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

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

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

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

21. Exhibits. Exhibits A, 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.

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

CEJ Engineers, Inc
a California corporation
By:

Name: Joaquin Cervantes
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE

INSPECTION SERVICES FOR HOLLENBECK PARK TRASH ENCLOSURE PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $19,080.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Trash Enclosure Project
JOB NO: SUMMARY PROPOSAL FEE
DATE: 06/12/24
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 6.0 $180 $1,080
Subtotal $1,080
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 150 $120 $18,000
Subtotal $18,000
Note:

Time Estimation based on a 20-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $19,080
Proposal By / Project Manager: Joaquin Cervantes, P.E

EXHIBIT B

SCOPE OF SERVICES

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

CITY OF COVINA
Public Works Director
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: INSPECTION SERVICES FOR HOLLENBECK TRASH ENCLOSURE

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

Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and 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

INSPECTION SERVICES FOR HOLLENBECK PARK TRASH ENCLOSURE PROJECT Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the subject project as indicated on City Specifications to commence on or about July 2024. Scope of project: 2-new trash enclosure. The major tasks include the following
Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

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

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

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

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

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

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

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

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

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

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

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

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

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: July 2, 2024
Title: Appropriation of National Opioid Settlement Funds for Crime Prevention Programs Presented by: Chief David Povero
Recommendation: Adopt Resolution CC 2024-50 Increasing PD FY 2024-25 Budget by $25,000.00.

EXECUTIVE SUMMARY:

To date, the City has received $80,000 as part of the National Opioid Settlement Fund. As part of the settlement agreement, the Police Department administers these funds to provide education, diversion, mitigation, distribution of medication (NARCAN), outreach and referrals to drug awareness-abatement programs. As proposed, the City Council would authorize the appropriation of $25,000 to support these approved programs.

DISCUSSION:

The National Opioid Settlement Funding comes from a dozen drug makers, pharmaceutical distributors, and retail pharmacies that will eventually pay more than $50 billion over 18 years in legal settlements to thousands of state and local governments across the U.S. When implementing these strategies, the fund as programmed will be used to cover police staff hours and material/equipment.

FISCAL IMPACT:

Approximately $80,000 in funds are available in 2980 1110 48300 from the National Opioid Settlement Fund.

The attached Resolution appropriates $25,000 to be utilized for staff time and supplies pertaining to opioid settlement programs. No impact to the general fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, INCREASING THE POLICE DEPARTMENT 2024-25
BUDGET BY $25,000 TO COVER STAFFING COST
WHEREAS, The National Opioid Settlement Fund monies comes from a dozen drug makers, pharmaceutical distributors, and retail pharmacies that will eventually pay more than $50 billion over 18 years in legal settlements to thousands of state and local governments across the U.S; and
WHEREAS, approximately $80,000 to date has been received from the National Opioid Settlement Fund of which the City of Covina is an active participating fund recipient; and WHEREAS, these funds under the program can be used to cover staffing cost to implement narcotic use remediation; educational activities and related equipment/supplies; and WHEREAS, appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council;

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

SECTION 1. Funds, as described above, is hereby appropriated by the City of Covina.

SECTION 2. Amend the Fiscal Year 2024-25 Police Department Budget as follows:

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 2
nd day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk Account Number Account Title Original Budget Increase/Decrease Budget Amendment 2980 1110 50030 DRGOP Drug Outreach/Prevention OT $ - Increase $ 22,500.00 2980 1110 54990 DRGOP General Supplies $ - Increase $ 2,500.00

Resolution CC 2024-50 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-50 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 2
nd day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: July 2, 2024
Title: Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 – Award of Contract to California Professional Engineering, Inc. in the Amount of $162,000 Presented by: Rafael M. Fajardo, Interim Public Works Director/City Engineer Recommendation: 1. Approve plans and specifications for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502;

2. Award a contract for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 to California Professional Engineering, Inc. as the lowest responsive bidder in an amount of $162,000 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $16,200 (10%) for any unforeseen construction expenses.

EXECUTIVE SUMMARY/BACKGROUND:

As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved the Traffic Signal Upgrade Project - Citrus Avenue and Puente Street, which consists of the installation of a new traffic signal at the northwest corner of Citrus Avenue and Puente Street.

Following an informal bid process, City staff determined that the lowest responsive and responsible bidder for the project is California Professional Engineering, Inc. As such, it is recommended that a contract be awarded for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street to California Professional Engineering, Inc. as the lowest responsive and responsible bidder in the amount of $162,000 and authorize the City Manager to execute the contract.

DISCUSSION:

The Department of Public Works requested informal proposals from three qualified companies to complete the traffic signal upgrade project and received the following response:

Rank Bidder Location Total Base Bid
Amount
1 California Professional Engineering, Inc. La Puente, CA $162,000 2 PTM General Engineering Services, Inc. Riverside, CA No Response 3 Bear Electric, Inc. Anaheim, CA No Response
City staff reviewed all bid documents for compliance and evaluated the contractor’s professional background and recently completed projects for competency. As a result, City staff recommends an award of contract to the lowest bidder, California Professional Engineering, Inc., given that this firm has completed a significant number of capital improvement projects for several public agencies in Southern California including Covina.

FISCAL IMPACT:

The Traffic Signal Upgrade Project Citrus Avenue and Puente Street is included in the adopted Fiscal Year 2024- 2025 Capital Improvement Program with a total allocation of $250,000 from Measure R Account No. 2410-2200- 55340-T2502. Anticipated project expenses are summarized below:

PROJECT EXPENSES
Description Amount
Base Bid (California Professional Engineering, Inc.) $162,000 Contingency Allowance $16,200
Total Contract Amount $178,200
Construction Management (Siterep Construction Services, Inc.) $10,000 Total Fiscal Impact $188,200
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

ATTACHMENT B

CONTRACT

CITY OF COVINA CONTRACT FOR
TRAFFIC SIGNAL UPGRADE PROJECT – CITRUS AVENUE AND
PUENTE STREET – PROJECT NO. T2502
THIS CONTRACT (“Contract”) is made and entered this 2
nd day of July, 2024 (“Effective Date”),
by and between the CITY OF COVINA, a California municipal corporation (“City”) and California Professional Engineering, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 793907; Class A, C-10. Contractor’s DIR registration number is 1000377609.

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

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed One Hundred and Sixty Two Thousand Dollars ($162,000) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

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

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

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract,

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

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

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

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

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

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

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

CITY OF COVINA
By:

City Manager
ATTEST:

By:

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

Printed Name:

Title:

By:

Printed Name:

Title:

EXHIBIT A

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

TRAFFIC SIGNAL UPGRADE PROJECT – CITRUS AVENUE AND PUENTE STREET – PROJECT NO. T2502
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT D

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

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

TRAFFIC SIGNAL UPGRADE PROJECT – CITRUS AVENUE AND PUENTE STREET – PROJECT NO. T2502
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 2, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor for inspection services on the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502.

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, 2024, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Ten Thousand Dollars ($10,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and 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.

ATTACHMENT C

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

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

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

10. Indemnification.

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

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

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

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

11. Insurance.

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

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

3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

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

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

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

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

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

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

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

Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by

Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Andre Ortiz
City of Covina Siterep Construction Services, Inc.
125 E. College Street 301 E. Arrow Highway, Suite 105
Covina, California 91723 San Dimas, CA 91773

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

Siterep Construction Services, Inc.
a California corporation
By:

Name: Andre Ortiz
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE

Attachment 2 – PROPOSED FEE
ITEM DESCRIPTION Unit RATE SUBTOTAL
1 Field Observer – Traffic Signal Upgrade Project – Citrus & Puente 1 LS $10,000.00 $ 10,000.00 TOTAL $ 10,000.00

EXHIBIT B

SCOPE OF SERVICE

June 17, 2024
City of Covina
Rafael Fajardo
City Engineer
125 East College St.

Covina, CA 91723
RE: Traffic Signal Upgrade Project – Citrus Ave. & Puente Street Dear Mr. Fajardo,
Thank you for allowing Siterep Construction Services, Inc. the opportunity to provide this proposal for inspection services related to the above-mentioned project. Siterep is prepared to allocate its resources to assist the City of Covina in ensuring the work is in conformance with all local and regional standards.

Siterep’s key personnel have over 30 years of field experience in public works project construction and inspections throughout Southern California.

Siterep will provide inspection services per the attached exhibits:
• Attachment 1 – Scope of Work
• Attachment 2 – Proposed Fee
If selected for this project, Siterep looks forward to the opportunity of working with you to deliver a successful project on time and of the utmost quality for the residents of Covina.

Please feel free to contact us if you have any questions regarding our proposal or to arrange an interview.

Sincerely,
Andre Ortiz
Siterep Construction Services, Inc.

President

Attachment 1 – Scope of Work
Siterep will provide inspection services for the Badillo and Azusa Water Line Project as indicated in the plans and specifications.

1. Perform QA monitoring on a periodic basis over a three (3) week period, fifteen (15) calendar days.

2. Surveillances of contractor’s operations to assure compliance with local and regional standards as outlined in the project documents.

3. Attend regularly scheduled progress meetings with contractor to discuss solutions to potential field issues.

Exclusions:

1. Sampling/Testing

2. Overtime

3. Night Work

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: July 2, 2024
Title: Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation – Award of Contract to FS Contractors, Inc in the Amount of $89,840
Presented by: Rafael M. Fajardo, Interim Director of Public Work/City Engineer Recommendation: 1. Approve plans and specifications for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation;

2. Award a contract for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $89,400 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $10,000 to cover the cost of any unforeseen construction expenses.

EXECUTIVE SUMMARY/BACKGROUND:

As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved a project entitled, “Traffic Calming Improvement Project – City Wide,” which consists of the installation of citywide traffic calming improvements as needed. On April 16, 2024, the City Council approved a traffic calming improvement project (installation of a multi-way stop control sign) at the intersection of Workman Avenue and 2nd Avenue and in order to install the requisite stop sign, modifications on the existing northeast corner of the intersection are required.

The proposed project consists of the following improvements:
 Construct bulb out curb at the NE corner of Workman Avenue and 2nd Avenue  Installation of new ADA ramps
 Installation of new striping and signage
DISCUSSION:

The Department of Public Works requested informal proposals from three (3) companies included on the list for On-Call Services for Maintenance and Repair of City Facilities for completion of traffic calming improvements at the intersection of Workman Avenue and 2nd Avenue. City staff subsequently received the following proposals:

Rank Bidder Location Total Base Bid Amount
1 FS Contractors, Inc. Sylmar, CA $89,840
2 Siterep Construction Services, Inc. San Dimas, CA $99,672.76 3 GM Sager Construction Co, Inc. Pomona, CA $125,245
Staff reviewed all bid documents for completeness and concluded that FS Contractors, Inc., is the lowest responsive and responsible bidder to effectively construct the traffic calming project. FS Contractors, Inc. has satisfactorily completed similar projects for the City of Covina including the Azusa Avenue Sidewalk Replacement Project and the Badillo Street / Banna Avenue Bioswale Installation Project.

FISCAL IMPACT:

Funding for this project in the amount of $880,000 has been allocated in the City’s approved Fiscal Year 2024- 2025 Capital Improvement Program Budget specifically in Measure M Account No. 2420-2200-55310. If approved, $105,840 from Measure M Account No. 2420-2200-55310 will be allocated to the Traffic Calming Improvements Project for completion of the Workman Avenue and 2nd Avenue Stop Sign Installation Project.

PROJECT EXPENSES
Description Amount
Base Bid (FS Contractors, Inc) $89,840
Contingency Allowance $10,000
Total Contract Amount $99,840
Construction Management (CEJ Engineers, Inc.) $6,000
Total Fiscal Impact $105,840
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

1 4 8 3 8 B L E D S O E S T R E E T • S Y L M A R , C A 9 1 3 4 2 P H O N E : ( 8 1 8 ) 8 3 8 - 6 0 4 0 • F A X : ( 8 1 8 ) 8 3 8 - 6 1 7 1 C O N T R A C T O R ’ S L I C E N S E N O . 1 0 0 5 9 4 0 C L A S S A - C8 - C 2 7 • D I R N O . 1 0 0 0 0 3 3 4 3 8

PROPOSAL
June 24, 2024
Mr. Michael Flores, Jr.

Senior Management Analyst
City of Covina
Department of Public Works
125 East College Street
Covina, CA 91723
[email protected]
626-384-5482 Office
PROJECT: Intersection Improvements at Workman Avenue and Second Avenue Dear Mr. Flores:

Per your June 18, 2024 email request, we hereby propose to furnish all labor, material, equipment, and transportation necessary to complete the work as itemized in the table below. The scope of work includes construction of bulbout on the northeast corner of Workman Avenue and Second Avenue, and ADA ramp on south side of Workman Avenue per the attached plans.

Item Description Quantity Unit Unit Price Item Total
1 Mobilization and traffic control. 1 LS $5,000.00 $5,000.00 2 Provide construction survey and monument preservation. 1 LS $4,600.00 $4,600.00 3 Unclassified excavation and grading within bulbout area. 1 LS $6,000.00 $6,000.00 4 Remove existing tree and grind stump on S/S Workman Ave within City of West Covina R/W (permit excluded). 1 EA $3,000.00 $3,000.00 5 Construct 6” PCC curb and gutter per SPPWC Std 120-2 Type A2-6 to match existing. 48 LF $70.00 $3,360.00
6 Construct 6” PCC curb and gutter per SPPWC Std 120-2 Type A2-6 modified to 1’ wide gutter to match existing. 22 LF $65.00 $1,430.00 7 Construct PCC cross gutter per SPPWC Std 122-3 modified to match existing. 190 SF $20.00 $3,800.00
8 Construct 4” PCC sidewalk per SPPWC Std 112-2. 1,300 SF $10.00 $13,000.00 9 Construct ADA curb ramp per Caltrans Std A88A Detail A on NEC workman Ave/Second Ave. 2 EA $6,500.00 $13,000.00
10 Remove existing sidewalk and construct ADA curb ramp per Caltrans Std A88A Case B on S/S Workman Ave within City of West Covina R/W (permit excluded). 1 EA $8,500.00 $8,500.00 11 Remove and replace 6” AC pavement. 1,065 SF $10.00 $10,650.00 12 Adjust water valve to grade. 1 EA $500.00 $500.00
13 Traffic striping, signage, and pavement markings. 1 LS $17,000.00 $17,000.00 TOTAL PRICE* $89,840.00
*The Total Price is the minimum price for performing the work even if the final quantity ends up being less than that shown on the Proposal. If the quantity exceeds the specified quantity, then the additional quantity will be charged per the unit price. Price is good for 30 days from the date of Proposal. Price is based on prevailing wage rates. All work is based on one move-in. Additional move-ins will be charged at a rate of $1,000.00 each. All traffic control per WATCH Manual (no traffic control plans).

EXCLUSIONS: Permits, bond, engineering survey, re-establishment of survey monument, and utility relocation are not included in the proposal.

ACCEPTANCE OF PROPOSAL
I/We agree to and hereby accept the proposed scope of work and prices. You are hereby authorized to proceed with the work.

Accepted By:

Name and Title Signature Date

ATTACHMENT A
Proposal – Intersection Improvements at Workman Avenue and Second Avenue Mr. Flores
June 24, 2024

Proposal – Intersection Improvements at Workman Avenue and Second Avenue Mr. Flores
June 24, 2024

Proposal – Intersection Improvements at Workman Avenue and Second Avenue Mr. Flores
June 24, 2024

Proposal – Intersection Improvements at Workman Avenue and Second Avenue Mr. Flores
June 24, 2024

ATTACHMENT B

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 2, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to upgrades and improvements in relation to the Traffic Calming Improvements Project – Project No.

T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Eighty-Nine Thousand Eight Hundred and Forty Dollars ($89,840) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

ATTACHMENT B

3. Contractor’s Work.

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

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

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

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

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.

Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.

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

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

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

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

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

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

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

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

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

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

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

P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

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

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

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

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

ATTACHMENT B

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.

Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

11. Insurance.

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

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