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Agenda packet, joint meeting, first session

Covina City Council
February 4, 2025

Document
Agenda packet, joint meeting, first session
Meeting
February 4, 2025
Body
Covina City Council
Pages
125
Original file
9.3 MB
Text extracted from the city's file for reading and search. Open the original on pub-covinaca.escribemeetings.com. That file is the official record.

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, February 4, 2025, 7:30 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, scroll down on the home page and click "City Meetings", once on the page, click the highlighted word next to Video Library under the City Council Meeting Agendas and Minutes 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

CLOSED SESSION - WILL NOT BE HELD
JOINT MEETING—OPEN SESSION 7:30 PM

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

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

PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez

INVOCATION
Given by Covina Police Chaplain Jim Allgaier

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 5
Staff Recommendation:

Approve the Minutes of the December 17, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 2. Minutes 13
Staff Recommendation:

Approve the Minutes of the January 21, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 3. Payment of Demands 23

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Staff Recommendation:

Approve Payment of Demands in the amount of $4,957,966.33 CC 4. Badillo Street Water Services Replacement Project – Project No. W2501 – Final Acceptance and Filing Notice of Completion
31 Staff Recommendation:

1. Accept the work performed by GRBCON, Inc; and
Authorize the City Clerk to file a Notice of Completion for the Badillo Street Water Services Replacement Project – Project No. W2501.

2. CC 5. City-Wide Alleyway Resurfacing Project – Project No. P2504 – Final Acceptance and Filing Notice of Completion
35 Staff Recommendation:

1. Accept the work performed by FS Contractors, Inc.; and Authorize the City Clerk to file a Notice of Completion for the CityWide Alleyway Resurfacing Project – Project No. P2504.2.

CC 6. Covina Heights Paving Project – Project No. W2401 – Final Acceptance and Filing Notice of Completion
39 Staff Recommendation:

1. Accept the work performed by Gentry Brothers, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Covina Heights Paving Project – Project No. W2401.

2. CC 7. Hollenbeck Park Urban Greening Revitalization Project – Project No.

P2403/P2512 – Final Acceptance and Filing Notice of Completion 43 Staff Recommendation:

1. Accept the work performed by Green Giant Landscape, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Hollenbeck Park Urban Greening Revitalization Project – Project No.

P2403/P2512.

2. CC 8. Covina Recreation Village Project – Project No. P2202 – Demolition of Existing Easterly Building
49 Staff Recommendation:

Authorize the Director of Public Works/City Engineer to approve a contract Change Order for the Covina Recreation Village Project – Project No. P2202 with Perera Construction and Design, Inc. to demolish the existing easterly building for the amount of $251,952.93 to be paid from available and previously allocated State of California Budget Act of 2021 (SB 129) Library Grant funds.

CC 9. Contract Agreements for On-Call Construction Contractors for the Period of February 4, 2025 – June 30, 2028 for a Not-to-Exceed Amount of $500,000 per Fiscal Year
57 Staff Recommendation:

Authorize the City Manager to execute Contract Agreements between the City of Covina and Approved On-Call Construction Contractors.

CC 10. Professional Services Agreements for CEQA and NEPA Related Services
71

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Staff Recommendation:

Approve Professional Services Agreements to allow for continued contractual support for CEQA and NEPA related consulting services for a compensation amount not to exceed $300,000 each for Michael Baker, Dudek, Inc., and Environmental Science Associates (ESA); and

1. Approve Third Amendment to Professional Services Agreement with EPD Solutions, Inc. to extend term of agreement, update the approved fee schedule, and amend compensation by $122,000 for continued contractual support for CEQA and NEPA related consulting services.

2. 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 Tuesday, February 18, 2025, 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.

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1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
December 17, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
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
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: Interim Finance Director Theresa Franke
_____________________________________________________________________

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2 CLOSED SESSION

CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM

CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:34 p.m. with Councilmember Cortez, Councilmember Delgado, and Mayor King present.

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Mayor King.

INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.

PRESENTATIONS
A. Retirement of Police Chief David Povero
City Manager Marcarello provided a brief biography of Police Chief Povero and kind words and congratulations to Police Chief Povero were provided by Nicole Povero, daughter of Police Chief Povero; Sandra Lopez, representing the Office of California State Senator Susan Rubio; Police Chief Darren Arakawa, President of the Los Angeles County Police Chiefs' Association; Alexa Sanchez, representing the Office of California State Assemblymember Blanca Rubio; Police Chief Aaron Fate, Vice President of the San Gabriel Valley Police Chiefs' Association; Scott Edson, Executive Director of LA-RICS; Paul Gastelum, Chairman of the Covina Chamber of Commerce; Former Covina Mayor Kevin Stapleton on behalf of the Covina Police Foundation; Covina Police Captain Ric Walczak representing the Covina Police Management Group; Covina Police Officer Oswaldo Preciado representing the Police Association of Covina; and Councilmember Cortez on behalf of the office of Congresswoman Grace Napolitano and the Offices of County Supervisors Hilda Solis and Kathryn Barger.

Police Chief Povero thanked those who spoke, those in the audience, the City Council, and City staff and presented Police Captain Walczak with his mew Police Chief insignia of four stars.

RECESS
At 8:26 p.m., Mayor King recessed the City Council meeting and reconvened at 8:32 p.m. with Councilmember Cortez, Councilmember Delgado, and Mayor King present.

Page 6 of 125 ends

3 PUBLIC COMMENTS
Richard Darkhorse, of American Legion Riders 755, thanked the City Council for accepting the American Legion Riders into the City and having the opportunity to support events. He also wished everyone a merry Christmas and happy New Year and invited the Council to visit their post.

Jhermie Salazar commented regarding an incident with Police Chief Povero at the Operation Gobble Event.

Joe Rodriguez also commented on the incident regarding Police Chief Povero.

Kailcuhi Ishikawa noted his concerns with public safety and the increased presence of homeless encampments. He also shared his positive experience at the business owned by Jessie Bassa's father.

Jesse Bassa shared his experience with Code Enforcement incident regarding his family's business, J&L Yard Sale Christmas Shop. He also commented on other issues regarding safety and homelessness he would like to see addressed.

Delia Dominguez informed the City Council about her concerns with rodent kill traps and the dangers of having them used.

Neil Polzin raised his concerns with the City's use of Boy Scouts as volunteers for the Christmas Parade.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Delgado thanked the Covina Christmas Parade Committee volunteers for their work and also thanked Police Chief Povero for his service while welcoming Captain Walczak on his upcoming role as the next Chief of Police.

Councilmember Cortez also thanked Parks & Recreation/Library Services Director Evans, the Parks & Recreation team, and the Covina Christmas Parade Committee Volunteers for their work in making the City a special place, as well as Police Chief Povero for his service with the City.

She also wished the community a merry Christmas and a happy New Year.

Mayor King noted it was a great evening honoring outgoing Police Chief Povero. He also highlighted the following Consent Calendar items: CC 4, approving the City of Covina Annual and Five-Year Development Impact Fee Report; CC 5, approving a professional services agreement with Willdan Engineering to update the Sewer System Management Plan; and CC 6, appropriating funds for the installation of two storm water capture systems at the Covina Recreation Village site. Mayor King also informed the community of paving work that will be taking place on Cienega Avenue between Barranca venue and Grand Avenue, Barranca Avenue north of Cypress Street to Arrow Highway, and Sunflower Avenue. Lastly, he wished everyone a merry Christmas and happy New Year while stating how grateful he is for the Covina Team.

CITY MANAGER COMMENTS
City Manager Marcarello reminded the community that City facilities will be closed from Wednesday, December 24th to Sunday, January 2nd, with the exception of the Public Works and Police Departments. He also noted that trash pick up will be delayed one day due to the holidays.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

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4 CONSENT CALENDAR
CC 1. Payment of Demands
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Approve Payment of Demands in the amount of $2,397,813.47.

Approved (3 to 0); Allen & Linares Absent
CC 2. City of Covina Investment Report for Month Ended November 30, 2024 Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Receive and File.

Approved (3 to 0); Allen & Linares Absent
CC 3. Request to Cancel the Regular City Council Meeting of January 7, 2025 Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
That the City Council consider cancelling the regular scheduled City Council Meeting of January 7, 2025.

Approved (3 to 0); Allen & Linares Absent
CC 4. City of Covina Annual and Five-Year Development Impact Fee Report for the Fiscal Year ending in June 30, 2024
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
It is recommended that the City Council adopt Resolution CC 2024-118, approving the City of Covina Annual and Five-Year Development Impact Fee Report for the Fiscal Year ending in June 30, 2024.

Approved (3 to 0); Allen & Linares Absent
CC 5. Professional Services Agreement with Willdan Engineering for Amount Notto-Exceed $39,968 Related to Sewer System Management Plan Audit & Update Compliance to Statewide General Waste Discharge Requirements for Sanitary Sewer Systems
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and Willdan Engineering in an amount not-to-exceed $39,968 related to the Sewer System Management Plan (SSMP) Audit & Update.

Approved (3 to 0); Allen & Linares Absent

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5 CC 6. Resolution CC 2024-119 to Amend the Fiscal Year 2024/2025 Capital Improvement Program to Increase Funding from Measure W Municipal Funds – Fund Balance for Covina Recreation Village Project in Amount of $485,088.26
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Adopt Resolution CC 2024-119 to appropriate $485,088.26 from available Measure W – Municipal Funds – Fund Balance to the Covina Recreation Village Project (Account No. 2510-5600-55200-P2202) to provide additional funding required for the installation of two storm water infiltration systems; and

2. Authorize the Director of Public Works/City Engineer to approve a contract Change Order for the Covina Recreation Village Project with Perera Construction and Design, Inc. in the amount of $869,479.08.

Approved (3 to 0); Allen & Linares Absent
CC 7. Approval of Part-Time Salary Range Adjustments Subject to Minimum Wage and Revised Paid Sick Leave Policy for Part-Time Employees Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Approve salary range adjustments for classifications affected by the State mandated minimum wage increases effective January 1, 2025, as per Labor Code Section 1182.12(c)(3)(A).

Approved (3 to 0); Allen & Linares Absent

PUBLIC HEARINGS
PH 1. Public Hearing of 2025 Annual Report for Downtown Covina Business Area Enhancement District (BAED)
Mayor King opened the public hearing.

The agenda report was provided by Administrative Technician Lisa Lee.

There were no public comments.

Mayor King closed the public hearing.

Motion made by: Councilmember Delgado
Seconded by: Mayor King

1. Conduct the public hearing of the 2025 Annual Report for the Covina Downtown Business Area Enhancement District and Proposed Assessment; and

2. Adopt Resolution CC 2024-111, confirming the 2025 Annual Report for the Downtown Covina Business Area Enhancement District, and levying the 2025 assessment described therein.

Approved (3 to 0); Allen & Linares Absent

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6 PUBLIC COMMENTS
Mayor King re-opened the public comment period. Josh Beckstrom addressed his concerns regarding transient activities on Rue Royale Street. City Manager Marcarello informed Mr.

Backstrom that the issue is currently being addressed by the Code Enforcement Division.

NEW BUSINESS
NB 1. Direction on the Issuance of Notices to Proceed in the City’s Commercial Cannabis Permit Program RFP Process
Staff Recommendation:

That the City Council provide direction regarding the selection of applicants in the City’s Commercial Cannabis RFP process to proceed in the preapplication and permit process.

The staff report and presentation were provided by City Manager Marcarello.

In response to an inquiry from the City Council, Devon Julian, representing Culture Cannabis Club, stated that a miscommunication led to the current situation regarding site control over their proposed site and they are working towards a resolution.

Andrew De La Garza, Christina Navarro, Michael Nevarez, and Anthony Cormona provided public comments in support of Stiiizy Covina. Eric Lightman, representing Embarc Covina, provided his understanding of the property situation involving Culture Cannabis Club and requested the City Council delay awarding a Notice to Proceed until the situation is resolved. Delia Dominguez raised her concerns with cannabis operations in the City and highlighted the need for compliance.

Council comments included thanking those who were present to voice their opinions, acknowledging concerns, requesting all applicants honor the commitments they submitted with their proposals, noting the Police Department’s input with the process to address concerns, and potential next steps.

City Attorney Lee provided responses to questions regarding what the City would be allowed to do at this moment and any associated risks.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Award a Notice to Proceed to Stiiizy Covina.

Approved (3 to 0); Allen & Linares Absent

ADJOURNMENT
At 9:58 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in memory of local business owner Mark Thiel to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, January 21, 2025, at 6:30 p.m., for closed session and 7:30 p.m., for open

Page 10 of 125 ends

7 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

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1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
January 21, 2025, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Mayor Pro Tem/Vice-Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Interim Finance Director Theresa Franke
Staff Absent: City Treasurer Neil Polzin (Elected Member) _____________________________________________________________________

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2 CLOSED SESSION

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

PUBLIC COMMENTS
There were no public comments.

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

A. Government Code § 54957.6 – CONFERENCE WITH LABOR

NEGOTIATORS
Agency Designated Representative:

Chris Marcarello, City Manager
Update on negotiations with Police Association of Covina (PAC) 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 Councilmember Cortez, Councilmember Delgado, and Mayor King present. Mayor King noted that, due to technical difficulties, the meeting will not be able to be broadcast or streamed online.

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Delgado.

PRESENTATIONS
A. Recognition of Police Chief Walczak
City Manager Marcarello provided a brief background on newly-appointed Police Chief Walczak's history with the City of Covina.

Police Chief Walczak thanked the City Council for their support and stated he looks forward to the work that will be done.

The City Council stated their excitement to work with the newly appointed Chief of Police.

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

PUBLIC COMMENTS
Diana Mullens commented on the comments provided by Neil Polzin at the December 17th City Council meeting and stated that the Christmas Parade was wonderful.

Neil Polzin commented on the invocation and police chaplain program and provided alternative options he would like explored.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Cortez and Councilmember Delgado had no comments.

Mayor King wished everyone a happy New Year and informed those in attendance that a notice regarding the technical difficulties will be posted on social media. He also noted that street repaving work being done on Cienega Avenue and Barranca Avenue are coming along and Sunflower Avenue will soon follow. Mayor King highlighted the following Consent Calendar items: CC 7, 8, 9, and 11, continuing infrastructure improvements across the City; CC 12, receiving and filing the City's Annual Comprehensive Financial Report and noting that the City's net position has increased with additional financial reserves; and CC 13, accepting grant funds for improvements in the F.A.I.R. district; CC 14, creating a new Police Corporal classification. Thanks were given to Public Works Director Fajardo and his team for the quick work done to mediate issues stemming from the recent high winds. He also encouraged the community to visit the newly improved Hollenbeck Park.

CITY MANAGER COMMENTS
City Manager Marcarello requested that Consent Calendar item CC 10 be removed from consideration and brought back at a future meeting.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Approve the Minutes of the December 3, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (3 to 0); Allen & Linares Absent
CC 2. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez

Page 15 of 125 ends

4 Approve the Minutes of the December 9, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (3 to 0); Allen & Linares Absent
CC 3. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Approve the Minutes of the December 17, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (3 to 0); Allen & Linares Absent
CC 4. Payment of Demands
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Approve Payment of Demands in the amount of $7,834,192.82.

Approved (3 to 0); Allen & Linares Absent
CC 5. City of Covina Investment Report for Month Ended December 31, 2024 Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Receive and File.

Approved (3 to 0); Allen & Linares Absent
CC 6. Recognized Obligation Payment Schedule (ROPS 25-26), Covering July 1, 2025 through June 30, 2026
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Approve the Recognized Obligation Payment Schedule (ROPS 25-26) covering July 1, 2025, through June 30, 2026.

Approved (3 to 0); Allen & Linares Absent
CC 7. Award Minor Construction & Maintenance Services Agreement to Sky JTC Corporation (dba Sky Painting) for the Painting of the Fuel Station and Various Buildings at the Public Works Yard
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Award Minor Construction & Maintenance Services Agreement for the Public Works Yard Fuel Station and Building Painting Project to Sky Painting in the amount of $76,590.00 and authorize the City Manager to execute the Agreement.

Approved (3 to 0); Allen & Linares Absent

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5 CC 8. Cypress Reservoir Water Booster Improvements Project – Project No. W2503 – Award of Contract to Minako America Corporation for a not-to-exceed amount of $877,000
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez

1. Approve plans and specifications for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503;

2. Award a contract for the Cypress Reservoir Water Booster Improvements Project to Minako America Corporation as the lowest responsive and responsible bidder for a not-to-exceed amount of $877,000 and authorize the City Manager to execute the contract;

3. Authorize a 10% contingency amount of $87,700 for any unforeseen construction expenses;

4. Approve a Professional Services Agreement (PSA) between the City of Covina and Siterep Construction Services, Inc for Inspection Services for a not-to-exceed amount of $75,600 and authorize the City Manager to execute the PSA; and

5. Adopt Resolution CC 2025-01 appropriating $240,300 from Water CIP Fund – Fund Balance for use toward the Cypress Reservoir Water Booster Improvements Project – Project No. W2503.

Approved (3 to 0); Allen & Linares Absent
CC 9. Covina Recreation Village Project – West Gymnasium Building Phase I – Award of Contract to Vector USA, Inc. in the Amount of $206,655.15 Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez

1. Award of Contract for the Covina Recreation Village Project – West Gymnasium Building Phase I to Vector USA, Inc. in an amount of $206,655.15 and authorize the City Manager to execute the contract;

2. Authorize a contingency amount of $20,000 for any unforeseen construction expenses; and

3. Adopt Resolution CC 2025-02 appropriating $226,655.15 from available Measure CC Funds to be transferred into the Parks CIP Fund for the Covina Recreation Village Project – West Gymnasium Building Phase I for the new computer network system.

Approved (3 to 0); Allen & Linares Absent
CC 11. First Amendment to the Minor Construction & Maintenance Services Agreement for the Covina Park Aquatic Center Pool Filter Replacement Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Authorize the City Manager to execute the First Amendment to the Minor Construction & Maintenance Services Agreement between the City of Covina and Waterline Technologies, Inc. for the Covina Park Aquatic Center Pool Filter Replacement Project.

Approved (3 to 0); Allen & Linares Absent

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6 CC 12. Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2024
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Receive and file the following reports for Fiscal Year ended June 30, 2024: (1) Annual Comprehensive Financial Report (ACFR) and related Auditor Communications, (2) Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations Limit, and (3) the Single Audit of Federally Assisted Grant Programs.

Approved (3 to 0); Allen & Linares Absent
CC 13. Amending the Fiscal Year 2024-2025 Operating Budget to Accept and Expend Grant Funds and General Funds Relating to the Execution and Delivery of a Purchase and Sale Agreement for Property Located at NEC E. Front Street & N. 1st Avenue
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez

1. That the City Council consider adopting Resolution CC 2025-09, Authorizing the execution and delivery of a purchase and sale agreement for property located at NEC Front Street & N. First Avenue and amending the FY 24-25 City operating budget for the purpose of accepting and expending grant funds and increasing expenditures out of the General Fund and increasing the budget for said agreement; and

2. Authorize the City Manager or his designee to execute all related documents.

Approved (3 to 0); Allen & Linares Absent
CC 14. Request to Amend the Classification Plan and Salary Schedules to Establish to a Neighborhood Preservation Supervisor and Police Corporal and Authorize Side Letter Agreements with PAC
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
That the City Council adopt Resolution CC 2025-07 and Resolution CC 2025-08, authorizing the following organizational changes:

1. Amend the City's Classification plan to establish job classifications and salary ranges for Neighborhood Preservation Supervisor within the MidManagement, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules;

2. Authorize the City Manager to execute a side letter agreement between the City and the Police Association of Covina (PAC) Bargaining Unit to create a new job classification and salary range for Police Corporal; and

3. Authorize the City Manager to execute a side letter agreement between the City and the Police Association of Covina (PAC) Bargaining Unit to revise Article 10.4 – Advancement Through Salary Range.

Approved (3 to 0); Allen & Linares Absent

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7 CONSENT CALENDAR ITEM REMOVED FROM CONSIDERATION
CC 10. Contract Agreements for On-Call Construction Contractors for the Period of January 21, 2025 – June 30, 2028 for a Not-to-Exceed Amount of $500,000 per Fiscal Year
Authorize the City Manager to execute Contract Agreements between the City of Covina and Approved On-Call Construction Contractors.

NEW BUSINESS
NB 1. A Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program At 7:59 p.m., Councilmember Cortez recused herself from the discussion as her candidate-controlled committee received a contribution from PCAM, LLC.

The agenda report and PowerPoint presentation were provided by Economic Development Manager Alana Mantilla. Pepe Valdes, Mario Cadenas, Erick Chavez, and Lorena De Leon from PCAM, LLC provided additional information and also addressed questions from the City Council.

Questions and discussion included battery charge life expectations, preliminary operation plans, battery life expectations, operating hours, planned routes, the ability to make adjustments to the program with staff approval, potential wait times, and safety concerns.

There were no public comments.

Motion made by: Councilmember Delgado
Seconded by: Mayor King
Authorize the City Manager to execute a Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program and authorize the City Manager or his designee to execute the Agreement and related documents.

Approved (2 to 0); Cortez Abstain; Allen & Linares Absent At 8:22 p.m., Councilmember Cortez returned to the dias.

PUBLIC HEARINGS
PH 1. Consideration of Resolutions CC 2025-03, 2025-04, & 2025-05, Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 36), and to Call and Hold a Special Election
Staff recommendation:

1. City Council to open the public hearing and consider public testimony and close the public hearing;

2. Adopt Resolution CC 2025-03, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 36; 831 W.

Cypress Street, Covina) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors;

Page 19 of 125 ends

8 3. Adopt Resolution CC 2025-04, calling a special election and submitting to the voters of Annexation No. 36 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 36 to finance public services, and the establishment of an appropriations limit; and

4. Adopt Resolution CC 2025-05 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 36.

Mayor King opened the public hearing.

The agenda report was provided by Economic Development Manager Mantilla.

There were no public comments, nor did anyone wish to submit a written protest.

Mayor King closed the public hearing.

City Clerk Aleman confirmed that no written protest had been received and therefore, a majority did not exist.

Mayor King had announced that because a majority protest did not exist, it was appropriate for the City Council to consider resolutions annexing the territory and calling a special election within the annexation area.

Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez

1. Adopt Resolution CC 2025-03, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 36; 831 W.

Cypress Street, Covina) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

2. Adopt Resolution CC 2025-04, calling a special election and submitting to the voters of Annexation No. 36 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 36 to finance public services, and the establishment of an appropriations limit.

Approved (3 to 0); Allen & Linares Absent
City Clerk Aleman confirmed that the ballots had been received and at the Mayor’s request proceeded to canvass the ballots.

City Clerk Aleman completed the canvassing of the ballots and reported that:
 On Proposition A, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition A was approved with 100% vote in favor.
 On Proposition B, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition B was approved with 100% vote in favor.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

Page 20 of 125 ends

9 Adopt Resolution CC 2025-05 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 36.

Approved (3 to 0); Allen & Linares Absent
PH 2. Consideration of Fiscal Year 2025-2026 Community Development Block Grant (CDBG) Program Budget
Mayor King opened the public hearing.

The agenda report was provided by Management Analyst Alice Leung.

There were no public comments.

Mayor King closed the public hearing.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado

1. Open the public hearing and receive public testimony;

2. Close the public hearing;

3. Consider approval of the FY 2025-2026 CDBG program budget as recommended in Column C of the Table on Attachment A with the provision that: a) the allocation be adjusted based on the final allocation as determined by the Los Angeles County Development Authority (LACDA), with a maximum of 15 percent of funding allocated for public service programs;

4. Adopt Resolution CC 2025-06, authorizing the allocation of the Fifty First Year CDBG funds for FY 2025-2026; and

5. Authorize the City Manager or his designee to execute the documents related to the FY 2025-2026 CDBG funds.

Approved (3 to 0); Allen & Linares Absent

ADJOURNMENT
At 8:36 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, February 4, 2025, 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

Page 21 of 125 ends
Page 22 of 125 ends

CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: February 4, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $4,957,966.33 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 December 27, 2024 – January 16, 2025 CITY checks/EFTs $ 2,832,826.14
CITY payroll $ 2,091,572.86
CITY voids $ -
Worker’s Comp $ 33,052.02
$ 4,957,451.02
SACRA checks/EFTs $ 71.02
SACRA payroll $ 444.29
$ 515.31
TOTAL checks/EFTs $ 4,957,966.33
DISCUSSION:

The attached reports have been reviewed by the Interim Director of Finance.

FISCAL IMPACT:

Sufficient funding is available and the related costs are included in the Fiscal Year 24/25 budget.

Respectfully submitted,

Page 23 of 125 ends
Page 24 of 125 ends

CITY OF COVINA
Check Register
Dec 27, 2024 - Jan 16, 2025
Check # Check Date Vendor Name Amount
5991 01/06/2025 4003 MidAmerica 1,788.61
5992 01/14/2025 1364 HOME DEPOT CREDIT SERVICES 5,259.23 5993 01/16/2025 4003 MidAmerica 1,195.24
20907 01/02/2025 788 COVINA, CITY OF 95.71 *
20908 01/02/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20909 01/02/2025 788 COVINA, CITY OF 49,691.52 *
20910 01/02/2025 789 COVINA-FSA, CITY OF 1,440.82
20911 01/02/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 31,107.13 20912 01/02/2025 487 CalPERS 7,060.79
20913 01/02/2025 487 CalPERS 105,390.63
20914 01/16/2025 788 COVINA, CITY OF 50,278.40 *
20915 01/16/2025 789 COVINA-FSA, CITY OF 1,440.82
20916 01/16/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 33,807.13 20917 01/16/2025 487 CalPERS 98,108.24
20918 01/16/2025 487 CalPERS (1,207.37)
Internal transfers - workers comp allocation - no net cash effect (100,065.63) * subtotal EFT/wires/direct deposits/internal transfers $292,891.27 124552 01/06/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,782.21 124553 01/06/2025 69 AFSCME District Council 36 746.76
124554 01/06/2025 775 COVINA POLICE ASSOCIATION 2,900.00 124555 01/06/2025 878 DELTA DENTAL OF CALIFORNIA 10,066.65 124556 01/06/2025 1106 FRANCHISE TAX BOARD 100.00
124557 01/06/2025 3795 PRE-PAID LEGAL SERVICES, INC 153.98 124558 01/06/2025 3846 CLEA 1,072.00
124559 01/06/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,953.80 124560 01/06/2025 4710 Fidelity Security Life Insurance Company 1,067.77 124561 01/09/2025 2 10-8 RETROFIT 570.00
124562 01/09/2025 14 A1 RENTALS 1,801.26
124563 01/09/2025 113 ALL CITY MANAGEMENT SVC 7,804.80
124564 01/09/2025 128 ALLIANT INSURANCE SERVICES INC 3,385.00 124565 01/09/2025 219 AT&T 592.93
124566 01/09/2025 254 AZUSA LIGHT & WATER 5,188.31
124567 01/09/2025 260 B & K ELECTRIC WHOLESALE 183.26
124568 01/09/2025 269 BAKER AND TAYLOR INC 2,366.12
124569 01/09/2025 487 CALIFORNIA PUBLIC EMPLOYEES' 4,534.20 124570 01/09/2025 649 CINTAS CORP #693 779.26
124571 01/09/2025 664 CIVILTEC ENGINEERING INC. 18,218.75 124572 01/09/2025 749 BOHL PH.D., NANCY K. 660.00
124573 01/09/2025 766 COVINA DISPOSAL CO 58,818.61
124574 01/09/2025 771 COVINA IRRIGATING CO 276,951.09
124575 01/09/2025 783 CITY OF COVINA WATER 761.63
124576 01/09/2025 875 DELL MARKETING L.P. 118,610.55
124577 01/09/2025 880 DEMCO INC 39.19
124578 01/09/2025 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 6,915.00 124579 01/09/2025 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 897.00 124580 01/09/2025 970 EDISON CO 40.03
124581 01/09/2025 970 EDISON CO 124,134.03
124582 01/09/2025 1156 THE GAS COMPANY 1,089.73
124583 01/09/2025 1198 GLOBALSTAR LLC 103.72
124584 01/09/2025 1204 GOLDEN STATE WATER COMPANY 83.61 124585 01/09/2025 1235 GRAINGER 97.23
124586 01/09/2025 1241 GRAND PRINTING 467.24
Attachment A Page 1 of 5

Page 25 of 125 ends

CITY OF COVINA
Check Register
Dec 27, 2024 - Jan 16, 2025
Check # Check Date Vendor Name Amount
124587 01/09/2025 1361 HOLLIDAY ROCK CO INC 487.03
124588 01/09/2025 1387 HUNTER, JOHN L. 13,130.50
124589 01/09/2025 1603 LA COUNTY DEPARTMENT OF PUBLIC HEALTH 1,057.00 124590 01/09/2025 1614 LA CNTY FIRE DEPARTMENT 1,080,875.76 124591 01/09/2025 1707 LIEBERT CASSIDY WHITMORE 980.00
124592 01/09/2025 1860 SSD SYSTEMS 397.38
124593 01/09/2025 1924 MILLERS & ISHAMS 3,555.87
124594 01/09/2025 1933 MISSION LINEN SUPPLY 18.96
124595 01/09/2025 2163 PACIFIC PARKING SYS INC 287.73
124596 01/09/2025 2275 POIRIER, ROBERT 140.00
124597 01/09/2025 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 5,946.17 124598 01/09/2025 2335 PYRO-COMM SYSTEMS INC 475.00
124599 01/09/2025 2345 QUILL 97.06
124600 01/09/2025 2506 RYDIN DECAL 427.15
124601 01/09/2025 2534 SAN BERNARDINO SHERIFF'S DEPT 400.00 124602 01/09/2025 2534 SAN BERNARDINO SHERIFF'S DEPT 251.00 124603 01/09/2025 2719 SPARKLETTS 117.40
124604 01/09/2025 2736 STAPLES BUSINESS ADVANTAGE 1,213.13 124605 01/09/2025 2800 T MOBILE USA 377.07
124606 01/09/2025 2855 SPECTRUM 96.24
124607 01/09/2025 2855 CHARTER COMMUNICATIONS 710.26
124608 01/09/2025 2926 TYLER TECHNOLOGIES INC. 52,520.52 124609 01/09/2025 3001 VERIZON WIRELESS 1,914.17
124610 01/09/2025 3004 VICTORY EXTERMINATING INC 75.00
124611 01/09/2025 3023 VULCAN MATERIALS COMPANY 1,088.48 124612 01/09/2025 3070 WEST COAST ARBORISTS INC 14,572.45 124613 01/09/2025 3102 WILLDAN FINANCIAL SERVICES 15,950.00 124614 01/09/2025 3749 JCL TRAFFIC SERVICES 226.56
124615 01/09/2025 3771 BLACK & WHITE EMERGENCY VEHICLES 600.00 124616 01/09/2025 4065 VERIZON BUSINESS SERVICES 998.22 124617 01/09/2025 4065 VERIZON WIRELESS 708.35
124618 01/09/2025 4077 INTERWEST CONSULTING GROUP INC 21,429.50 124619 01/09/2025 4201 OFFICE TEAM - A ROBERT HALF COMPANY 19,943.90 124620 01/09/2025 4209 ADLERHORST INTERNATIONAL 484.00
124621 01/09/2025 4246 FERGUSON WATERWORKS #1083 13,640.35 124622 01/09/2025 4379 789, Inc. 6,061.45
124623 01/09/2025 4455 FRONTIER 1,741.58
124624 01/09/2025 4488 WILCOX SUPPLY INC 135.44
124625 01/09/2025 4537 BEAR COMMUNICATIONS INC. 665.91
124626 01/09/2025 4667 Ocean Blue Environmental Services, Inc. 6,766.92 124627 01/09/2025 4682 Evan Brooks Associates, Inc. 14,538.00 124628 01/09/2025 4688 PCAM, LLC 39,214.50
124629 01/09/2025 4713 Fisher Integrated, Inc. 1,200.00 124630 01/09/2025 4714 CIR, Inc. 35,516.62
124631 01/09/2025 4764 UniFirst Corporation 434.86
124632 01/09/2025 4766 HASA, INC. 2,178.01
124633 01/09/2025 4817 Weck Analytical Environmental Services, Inc. 266.00 124634 01/09/2025 4833 Michael R. Hillmann 1,885.00
124635 01/09/2025 4863 La Verne Power Equipment 1,167.54 124636 01/09/2025 4931 Antonio Castro Jr 2,562.00
124637 01/09/2025 4977 Enterprise FM Trust 5,983.54
124638 01/09/2025 5109 SITEREP CONSTRUCTION SERVICES, INC. 25,655.00 Attachment A Page 2 of 5

Page 26 of 125 ends

CITY OF COVINA
Check Register
Dec 27, 2024 - Jan 16, 2025
Check # Check Date Vendor Name Amount
124639 01/09/2025 5169 Occupational Health Centers of California 261.00 124640 01/09/2025 5195 A3 COMMUNICATIONS, INC. 5,022.45 124641 01/09/2025 5228 ODP BUSINESS SOLUTIONS, LLC 257.94 124642 01/09/2025 5291 AMAZON CAPITAL SERVICES, INC 1,070.97 124643 01/09/2025 5398 CPACINC.COM 13,528.00
124644 01/09/2025 5435 CORE & MAIN LP 5,468.58
124645 01/09/2025 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 124646 01/09/2025 5553 SOUTHERN TIRE MART LLC 565.13
124647 01/09/2025 99999 DAVID POVERO 30.00
124648 01/09/2025 99999 SANTA HERNANDEZ 400.00
124649 01/15/2025 44 ADAMSON INDUSTRIES 728.80
124650 01/15/2025 58 ADVANTAGE 9,705.77
124651 01/15/2025 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 124652 01/15/2025 219 AT&T 427.19
124653 01/15/2025 219 AT&T 57.70
124654 01/15/2025 221 AT&T MOBILITY 4.35
124655 01/15/2025 254 AZUSA LIGHT & WATER 7.50
124656 01/15/2025 477 STATE OF CALIFORNIA 19,062.38
124657 01/15/2025 649 CINTAS CORP #693 389.63
124658 01/15/2025 654 CITRUS CAR WASH 59.98
124659 01/15/2025 766 COVINA DISPOSAL CO 143.48
124660 01/15/2025 878 DELTA DENTAL OF CALIFORNIA 122.02 124661 01/15/2025 894 DF POLYGRAPH 1,200.00
124662 01/15/2025 970 EDISON CO 57.21
124663 01/15/2025 1031 EVIDENCE ONQ 5,488.40
124664 01/15/2025 1156 THE GAS COMPANY 2,403.61
124665 01/15/2025 1204 GOLDEN STATE WATER COMPANY 986.37 124666 01/15/2025 1235 GRAINGER 623.62
124667 01/15/2025 1277 CYNTHIA ESTRADA HAEBE 2,530.00
124668 01/15/2025 1352 HINDERLITER DELLAMAS & ASSOC 300.00 124669 01/15/2025 1437 INTER-CON SECURITY SYSTEMS INC 5,617.39 124670 01/15/2025 1633 LACPCA 300.00
124671 01/15/2025 1663 LAW ENFORCEMENT MEDICAL 1,525.00 124672 01/15/2025 1701 LIBERTY MANUFACTURING INC 4,829.80 124673 01/15/2025 1933 MISSION LINEN SUPPLY 22.30
124674 01/15/2025 2027 NAPA AUTO PARTS 758.68
124675 01/15/2025 2163 PACIFIC PARKING SYS INC 1,166.00 124676 01/15/2025 2312 PROFORCE MARKETING, INC 3,883.75 124677 01/15/2025 2415 REPUBLIC MASTER CHEFS 693.91
124678 01/15/2025 2542 SAN GABRIEL VALLEY WATER ASSOCIATION 25.00 124679 01/15/2025 2619 SGV EXAMINER 1,485.00
124680 01/15/2025 2676 SMART AND FINAL IRIS CORP 1,712.45 124681 01/15/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 1,012.71 124682 01/15/2025 2818 GABE BF VAN LEEUWEN 354.90
124683 01/15/2025 2846 THOMAS, TERRI 1,087.10
124684 01/15/2025 2903 TRI-XECUTEX CORP 200.00
124685 01/15/2025 2935 UNDERGROUND SERVICE ALERT 121.00 124686 01/15/2025 2955 US BANK 1,100.00
124687 01/15/2025 3004 VICTORY EXTERMINATING INC 75.00
124688 01/15/2025 3085 WESTLAND CARPETS 10,464.99
124689 01/15/2025 3108 Wills Automotive 180.00
124690 01/15/2025 3187 WAGONER, PAMELA 1,144.50
Attachment A Page 3 of 5

Page 27 of 125 ends

CITY OF COVINA
Check Register
Dec 27, 2024 - Jan 16, 2025
Check # Check Date Vendor Name Amount
124691 01/15/2025 3735 QUADIENT LEASING USA, INC. 851.29 124692 01/15/2025 3771 BLACK & WHITE EMERGENCY VEHICLES 35,458.15 124693 01/15/2025 3988 LANDSCAPE WAREHOUSE III 859.95
124694 01/15/2025 4133 WESTERN A/V 360.00
124695 01/15/2025 4209 ADLERHORST INTERNATIONAL 484.00
124696 01/15/2025 4249 H.Q. ENTERPRISES 966.49
124697 01/15/2025 4349 Intelli-Tech 5,820.00
124698 01/15/2025 4438 CALIFORNIA COMPUTER SCHOOLS, INC 75.00 124699 01/15/2025 4455 FRONTIER 4,052.79
124700 01/15/2025 4564 NATIONAL UNION FIRE INSURANCE COMPANY 765.00 124701 01/15/2025 4688 PCAM, LLC 13,415.46
124702 01/15/2025 4710 Fidelity Security Life Insurance Company 8.62 124703 01/15/2025 4764 UniFirst Corporation 1,087.52
124704 01/15/2025 4765 AMC Modern IT 2,754.06
124705 01/15/2025 4793 Goforth & Marti 19,932.15
124706 01/15/2025 4817 Weck Analytical Environmental Services, Inc. 694.00 124707 01/15/2025 4829 Alicia A. Flores 350.00
124708 01/15/2025 4996 Green Giant Landscape, Inc. 155,466.88 124709 01/15/2025 5138 Ricoh USA, Inc. 299.63
124710 01/15/2025 5139 Crown Castle Fiber LLC 925.00
124711 01/15/2025 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 1,600.00 124712 01/15/2025 5214 SESAC RIGHTS MANAGEMENT INC 1,982.00 124713 01/15/2025 5228 ODP BUSINESS SOLUTIONS, LLC 485.41 124714 01/15/2025 5269 CONTROL AIR ENTERPRISES LLC. 6,535.54 124715 01/15/2025 5404 SAN FERNANDO VALLEY ALARM CO. 82.00 124716 01/15/2025 5411 MERIDIAN RAPID DEFENSE GROUP RENTALS LLC 10,879.47 124717 01/15/2025 5505 COLLIERS INTERNATIONAL HOLDINGS INC 14,850.00 124718 01/15/2025 5527 PINATA DESIGN STUDIO 826.00
124719 01/15/2025 5539 CITY OF WHITTIER 50.00
124720 01/15/2025 5549 AMANDA LOPEZ 434.00
124721 01/15/2025 5550 LEAH DAWN OSIER 108.50
124722 01/15/2025 5553 SOUTHERN TIRE MART LLC 277.74
124723 01/15/2025 5608 ACTION AWARDS, INC 2,922.96
124724 01/15/2025 5611 LYNN GONZALEZ 313.60
124725 01/15/2025 99999 ALICIA PEREZ 30.00
124726 01/15/2025 99999 ANGEL RUIZ 80.00
124727 01/15/2025 99999 ANGELA KUNIYOSHI 80.00
124728 01/15/2025 99999 ANTHONY PEREZ 83.24
124729 01/15/2025 99999 BERNARD SALTER 30.24
124730 01/15/2025 99999 CHRISTOPHER BURGESS 80.00
124731 01/15/2025 99999 EVANGELINA DIAZ 41.83
124732 01/15/2025 99999 JACK HALL 64.51
124733 01/15/2025 99999 JEANPING HWANG 31.56
124734 01/15/2025 99999 JOSE RAMIREZ GUTIERREZ 80.00
124735 01/15/2025 99999 LAWRENCE LEUNG 43.46
124736 01/15/2025 99999 NATASHA AZURDIA 110.00
124737 01/15/2025 99999 RASHA SULTAN 80.00
124738 01/15/2025 99999 SC SAX COMPANIES, INC. 1,300.00 124739 01/15/2025 99999 SQS CONTRACTORS, INC 3,000.00
124740 01/15/2025 99999 SUE TOBACK 52.80
124741 01/15/2025 99999 WF CONSTRUCTION, INC 17,500.00
124742 01/16/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,734.23 Attachment A Page 4 of 5

Page 28 of 125 ends

CITY OF COVINA
Check Register
Dec 27, 2024 - Jan 16, 2025
Check # Check Date Vendor Name Amount
124743 01/16/2025 69 AFSCME District Council 36 684.89
124744 01/16/2025 775 COVINA POLICE ASSOCIATION 2,900.00 124745 01/16/2025 878 DELTA DENTAL OF CALIFORNIA 9,578.57 124746 01/16/2025 3795 PRE-PAID LEGAL SERVICES, INC 156.98 124747 01/16/2025 3846 CLEA 1,072.00
124748 01/16/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,652.21 124749 01/16/2025 4710 Fidelity Security Life Insurance Company 1,028.55 subtotal checks $ 2,540,005.89
subtotal voids $ -
payroll (01/02/25) $ 1,068,029.20
payroll (01/16/25) $ 1,023,987.95
workers' compensation $ 33,052.02
TOTAL checks/EFTs $4,957,966.33
Attachment A Page 5 of 5

Page 29 of 125 ends
Page 30 of 125 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: February 4, 2025
Title: Badillo Street Water Services Replacement Project – Project No. W2501 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by GRBCON, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Badillo Street Water Services Replacement Project – Project No. W2501.

EXECUTIVE SUMMARY/BACKGROUND:

On September 17, 2024, the City Council approved a contract with GRBCON, Inc in the amount not-to-exceed $379,581.20 for the installation of two (2) 6-inch main laterals, four (4) commercial fire hydrants and one (1) 4- inch service lateral manifold to six (6) 1-inch service lines along Badillo Street from Rimsdale Avenue to Lark Ellen Avenue.

Project construction has been completed and City staff recommends acceptance of the work performed by GRBCON, Inc and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Badillo Street Water Services Replacement Project – Project No. W2501.

DISCUSSION:

During construction, the need for additional work not included in the original scope of work was identified by City staff. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract amount by $29,322.76:
 Change Order No. 1 – Increased the overall contract amount by $29,322.76 due to quantity adjustments FISCAL IMPACT:

Project funding for the Badillo Street Water Services Replacement Project – Project No. W2501 was allocated as follows:

Source of Project Funds Amount Account
Water CIP $1,250,000 6011-5080-55410-W2501
Total $1,250,000
The following table represents the final project summary:

Item Actual
Project Appropriations $1,250,000
GRBCON, Inc. (Contract Amount plus Change
Order) ($408,903.96)
Siterep Construction Services, Inc. (Inspection
Services – Contract Amount plus Change Orders) ($41,020.00)

Page 31 of 125 ends

SGV Examiner (Bid Publishing) ($572.00)
Boomerang Blueprint (Document Reproduction) ($280.85)
Total Expenditures ($450,776.81)
Total UNDER BUDGET $799,223.19
Project savings of $750,512.54 were transferred to the water fund for the purchase of a new vactor truck by Council action November 19, 2024. The remaining $48,710.65 will be returned to the Water CIP Fund – Fund Balance.

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,
__________________________
Rafael M. Fajardo
Director of Public Works/City Engineer

Page 32 of 125 ends

ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on:

December 11,
2024 . The work done was:

Badillo Street Water Services Replacement Project – Project No. W2501

8. The names of the contractor, if any, for such work improvement was:

GRBCON, Inc. September 24, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Badillo Street Water Services Replacement Project – Project No. W2501

10. The street address of said property is Badillo Street between Rimsdale Avenue and Lark Ellen Avenue (If no street address has been officially signed, insert “None”.) Dated February 4, 2025
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on February 4, , 2025 at Covina , California .

Rafael M. Fajardo, City of Covina

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: February 4, 2025
Title: City-Wide Alleyway Resurfacing Project – Project No. P2504 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by FS Contractors, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the City-Wide Alleyway Resurfacing Project – Project No. P2504.

EXECUTIVE SUMMARY/BACKGROUND:

On August 20, 2024, the City Council approved a contract with FS Contractors, Inc. for a not-to-exceed amount of $60,000, which consisted of AC overlay, miscellaneous concrete work, striping and other appurtenances. The project area specifically focused on the renovation of an existing decayed asphalt alley between East Italia Street and East College Street.

Project construction has been completed and City staff recommends acceptance of the work performed by FS Contractors, Inc. and authorize the City Clerk to file a Notice of Completion (Attachment A) for the City-Wide Alleyway Resurfacing Project – Project No. P2504.

DISCUSSION:

During construction, the need for additional work not included in the original scope of work was identified by City staff. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract amount by $5,982:
 Change Order No. 1 – Increased the overall contract amount by $5,982 due to quantity adjustments FISCAL IMPACT:

Project funding for the City-Wide Alleyway Resurfacing Project – Project No. P2504 was allocated as follows:

Source of Project Funds Amount Account
State Gas Tax $130,000 2300-2200-55310-P2504
Total $130,000
The following table represents the final project summary:

Item Actual
Project Appropriations $130,000.00
FS Contractors, Inc. (Contract Amount + Change Order) ($65,982.00) CEJ Engineers, Inc (Inspection Services – Contract
Amount) ($24,080.00)
Elie Farah, Inc. (Construction Management) ($950.00)

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Total Expenditures ($91,012.00)
Total UNDER BUDGET $38,988.00
Project savings of $38,988 will be returned to the State Gas Tax – Fund Balance.

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,

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ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: January 10, 2025 . The work done was:

City-Wide Alleyway Resurfacing Project – Project No. P2504

8. The names of the contractor, if any, for such work improvement was:

FS Contractors, Inc. August 20, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

City-Wide Alleyway Resurfacing Project – Project No. P2504

10. The street address of said property is Alleyway between E. Italia Street and East College Street (If no street address has been officially signed, insert “None”.) Dated February 4, 2025
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on February 4, , 2025 at Covina , California .

Rafael M. Fajardo, City of Covina

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: February 4, 2025
Title: Covina Heights Paving Project – Project No. W2401 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Gentry Brothers, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Covina Heights Paving Project – Project No. W2401.

EXECUTIVE SUMMARY/BACKGROUND:

On September 3, 2024, the City Council approved a contract with Gentry Brothers, Inc. for an amount not-toexceed $1,970,770 with a project scope that included replacement of existing, worn-out pavement, sidewalk repairs and the improvement of other appurtenances. The project encompassed the rehabilitation of approximately

2.5 miles of residential streets within the City’s Covina Heights area.

Project construction has been completed and City staff recommends acceptance of the work performed by Gentry Brothers, Inc., and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Covina Heights Paving Project – Project No. W2401.

DISCUSSION:

During construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract amount by $174,080.40:
 Change Order No. 1 – Increased the overall contract amount by $174,080.40 due to quantity adjustments FISCAL IMPACT:

Project funding for the Covina Heights Paving Project – Project No. W2401 was allocated as follows:

Source of Project Funds Amount Account
Measure R $841,698.00 2410-2200-55310-W2401
Gas Tax $276,718.00 2300-2200-55310-W2401
Sewer $200,000.00 6300-2700-55350-W2401
Public Works CIP $260,241.80 4200-2200-55310-P2405
Water $300,000.00 6011-5080-55310-W2401
Measure R (FY25) $230,000.00 2410-2200-55310-P2505
Measure M (FY25) $122,072.20 2420-2200-55310-P2505
Total $2,230,730.00
The following table represents the final project summary:

Item Actual
Project Appropriations $2,230,730.00

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Gentry Brothers, Inc. – (Contract Amount plus Change
Order) ($2,144,850.40)
CEJ Engineers, Inc (Construction Management &
Inspection Services) ($74,960.00)
GRBCON, Inc (Manhole Lid Replacements) ($3,042.90)
Willdan Engineering (Pavement Analysis & Testing) ($4,680.00) Total Expenditures ($2,227,533.30)
Total UNDER BUDGET $3,196.70
Project savings of $957.10 will be returned to the City’s Sanitary Sewer Fund Balance and $2,239.60 will be returned to the City’s Measure M Fund Balance.

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,

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ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on:

December 11,
2024 . The work done was:

Covina Heights Paving Project – Project No. W2401

8. The names of the contractor, if any, for such work improvement was:

Gentry Brothers, Inc. September 17, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Covina Heights Paving Project – Project No. W2401

10. The street address of said property is Various Streets in Covina Heights Neighborhood (If no street address has been officially signed, insert “None”.) Dated February 4, 2025
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on February 4, , 2025 at Covina , California .

Rafael M. Fajardo, City of Covina

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: February 4, 2025
Title: Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Green Giant Landscape, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512.

EXECUTIVE SUMMARY/BACKGROUND:

On April 2, 2024, the City Council approved a contract with Green Giant Landscape, Inc. for the revitalization of Hollenbeck Park from a generally turf-oriented public park into an urban forest and interpretive garden by replacing approximately 102,000 square feet (2.3 acres) of excess grass areas along the park’s perimeter into a drought tolerant urban forest with plant species native to the San Gabriel Valley region. The revitalization of Hollenbeck Park incorporated several amenities to enhance park users’ experience such as:
 An interactive, educational hummingbird and butterfly nature garden  Planting of native, drought-tolerant shade trees and shrubs  Community education and interpretive garden signage
 1/4 mile of a permeable walking and bike trail along the park’s perimeter (similar to the Covina Park Trail)  Solar pedestrian lighting
 A bioswale and retention basins along the project’s southern boundary to provide for groundwater recharge through storm-water and dry-weather capture to manage periodic flooding within the park On July 16, 2024, City Council authorized City staff to utilize available Quimby Funds to supplement recreational amenities at Hollenbeck Park in conjunction with the Hollenbeck Park Urban Greening Revitalization Project.

Construction of a new basketball court (approximately $125,000) and installation of new fitness equipment along the walking and bike trail (approximately $127,800) were subsequently added to the original project scope.

On November 19, 2024, City Council approved the utilization of available Measure A Funds towards the purchase of new playground equipment to replace an antiquated, unsafe playground system in the amount of $275,141.39.

Project construction has been completed as of January 2025. City staff recommends acceptance of the work performed by Green Giant Landscape, Inc. and to authorize the City Clerk to file a Notice of Completion (Attachment A) for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512.

DISCUSSION:

During project construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract amount by $680,652.39:
 Change Order No. 1 – Increased the overall contract amount by $6,800 for the replacement of park benches rather than refurbish existing benches

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 Change Order No. 2 – Increased the overall contract amount by $82,230.30 for additional solar lighting units
 Change Order No. 3 – Increased the overall contract amount by $261,141.39 for playground equipment acquisition and installation
 Change Order No. 4 – Increased the overall contract amount by $56,932.10 for additional conduit and solar lighting installations to enhance the Hollenbeck Park parking lot  Change Order No. 5 – Increased the overall contract amount by $2,800 for additional rebar and pouredin-place curbing  Change Order No. 6 – Increased the overall contract amount by $3,097.66 for installation of a drainage trail to bioswale not included in original project design  Change Order No. 7 – Increased the overall contract amount by $6,189.76 for the addition of a 2” mainline and wiring for irrigation lines
 Change Order No. 8 – Increased the overall contract amount by $35,862.40 for additional concrete work around the walking and bike trail
 Change Order No. 9 – Increased the overall contract amount by $225,598.78 for quantity adjustments FISCAL IMPACT:

Project Funding for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512 was allocated as follows:

Source of Project Funds Amount Account
Quimby Funds $252,800 2604-3400-55200-P2403
RMC Grant Funds $2,000,000 4600-3400-55200-P2403
Measure A $275,141.39 4600-3400-55200-P2512
Total $2,527,941.39
The following table represents the final project summary:

Item Actual
Project Appropriations $2,527,941.39
Green Giant Landscape, Inc. – (Construction) (Contract
Amount plus Change Orders)
($2,242,175.59)
CEJ Engineers, Inc – (Construction Management &
Inspection Services) (Contract Amount plus Change Orders) ($117,900.00)
David Volz Design Landscape Architects, Inc (Design) ($49,800.00) JCL Traffic Services (Playground Signage) ($335.01)
Total Expenditures ($2,410,210.60)
Total UNDER BUDGET $117,730.79
The City received a $2,000,000 grant from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) via the RMC’s Climate Resilience Grant Program (a reimbursable grant predicated on actual project expenses incurred during construction). City staff continues to work closely with the RMC to reconcile all eligible project expenses with grant program requirements in order to maximize the reimbursement amount paid to the City for completion of the Hollenbeck Park Urban Greening Revitalization Project.

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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,

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ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on:

December 30,
2024 . The work done was:

Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512

8. The names of the contractor, if any, for such work improvement was:

Green Giant Landscape, Inc. April 2, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403/P2512

10. The street address of said property is 1250 N. Hollenbeck Ave, Covina CA 91722 (If no street address has been officially signed, insert “None”.) Dated February 4, 2025
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on February 4, , 2025 at Covina , California .

Rafael M. Fajardo, City of Covina

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: February 4, 2025
Title: Covina Recreation Village Project – Project No. P2202 – Demolition of Existing Easterly Building
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the Director of Public Works/City Engineer to approve a contract Change Order for the Covina Recreation Village Project – Project No. P2202 with Perera Construction and Design, Inc. to demolish the existing easterly building for the amount of $251,952.93 to be paid from available and previously allocated State of California Budget Act of 2021 (SB 129) Library Grant funds.

EXECUTIVE SUMMARY:

On July 16, 2024, the City Council approved a contract with Perera Construction and Design Inc. for the construction of the Covina Recreation Village Project - Phase I, which consists of the construction of a new gymnasium at the westerly building of the former Vita Pakt warehouse. Construction is underway with an anticipated completion in late 2025.

Phase II of the project consists of retrofitting the existing easterly building to construct a new 14,140 square-foot library. An updated structural engineering analysis of the easterly building was recently completed which concluded that portions of the building have major structural deficiencies that are cost-prohibitive and unsafe for future development. As proposed, the City Council will consider authorizing a change order to Perera Construction and Design, Inc. to demolish the structurally deficient areas of the building, making it shovel-ready for future construction of the new library space.

DISCUSSION:

The City’s Community Development Department staff applied to the California State Library, Building Forward:

Library Infrastructure Grant Program for a funding request to rehabilitate and reuse the former Vita Pakt warehouse as a Library facility in conjunction with the overall Covina Recreation Village Project. City staff successfully received a grant award in the amount of $5,377,020 for the construction of a new Library facility.

Subsequently, on December 21, 2022, the City Council approved Resolution CC 2022-137 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to accept $5,377,020 from the State of California Budget Act of 2021 (SB 129) Library Grant.

After discovering that several areas of the easterly building were structurally deficient, staff approached California State Library grant officials regarding amending the project scope of the City’s grant to include demolishing portions of the existing building and rebuilding the new library space. On January 28, 2025, the California State Library approved the amended project scope for the project.

The current contract with Perera Construction and Design, Inc. allows the City to increase any item or portion of work described in the contract document by no more than 25% of the total contract amount, or $3,028,231.50.

With regards to the Covina Recreation Village Project, the proposed additional work and unit price cost as outlined in Attachment “A” amounts to $251,952.93 in expenses related to the demolition of the easterly building and does not exceed the 25% threshold.

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FISCAL IMPACT:

A State of California Budget Act of 2021 (SB 129) Library Grant in the amount of $5,377,020 was awarded and appropriated to account 4600-39ST-55100-P2202 via Resolution CC 2022-137. To date, $2,688,510 has been received. No additional appropriations are needed.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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Perera Construction & Design, Inc.
2890 Inland Empire Blvd Suite 102
Ontario, California 91764
Phone: +19094846350
Project: 00-24002 - CRV-Phase 1 - West Gym. Bldg.
640 N. Citrus Avenue
Covina, California 91723
Phone: 626-384-5482
Client/Owner Contract Number:  P2202
Prime Contract Change Order Request #003: Demolition of East Building Work Proposal
TO: City of Covina
125 E. College Street
Covina California, 91723
FROM: Perera Construction and Design, Inc.
2890 Inland Empire, Suite 102
Ontario California, 91764
PCCOR NUMBER/REVISION: 003 / 0 CREATED BY: Nat Man  (Perera Construction and Design, Inc.)
STATUS: Approved  CREATED DATE: 12/19/2024
REFERENCE: SCHEDULE IMPACT:

TOTAL AMOUNT: $251,952.93
TITLE: Demolition of East Building Work Proposal
DESCRIPTION:

Summary of Work Scope: CRV Demolition of East Building
Proposed work per existing conditions with assumptions:
• Sawcut, break and remove East Building from site
• Demo existing tilt up building complete except South wall • Demo slab on grade up to 6" thick
• Demo concrete wall panels up to 6" thick
• Demo concrete wall footings with the assumption of 2' x 2' • Demo roof and mezzanine
• Assumes South wall and attached footings to remain
• Assumes 25’ wide of existing SOG adjacent to South wall to remain for bracing anchorage (Further demo of remaining SOG or selective demo for future new foundation or wall foundation strengthening work excluded in this proposal) • Erect and removal of temporary bracing
• Includes up to 9 months of bracing rental
• Erosion Control / Dust Control
• Site Cleaning
• Haul off spoil
See Proposal Summary for qualifications and assumptions.

ATTACHMENTS:
# Cost Code Description Type Amount
1 02-050 - Demolition Demolition of East Building Subcontractors $174,994.03 2 01-860 - Miscellaneous Job Expenses Temp Bracing Materials $76,958.90 Subtotal: $251,952.93
Grand Total: $251,952.93
Perera Construction & Design, Inc. page 1 of 2 Printed On: 1/29/2025 10:55 AM

PCCOR #003

ATTACHMENT A

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Proposal Summary
Summary of Work Scope: CRV Demolition of East Building
Proposed work per existing conditions with assumptions:
- Sawcut, break and remove East Building from site
- Demo existing tilt up building complete except South wall - Demo slab on grade up to 6" thick
- Demo concrete wall panels up to 6" thick
- Demo concrete wall footings with the assumption of 2' x 2' - Demo roof and mezzanine
- Assumes South wall and attached footings to remain
- Assumes 25’ wide of existing SOG adjacent to South wall to remain for bracing anchorage (Further demo of remaining SOG or selective demo for future new foundation or wall foundation strengthening work excluded in this proposal)
- Erection and removal of temporary bracing (Includes up to 9 months of bracing rental) - Erosion Control / Dust Control and Site Cleaning
- Haul off spoil
Demolition Schedule:

Demolition work to be incorporated in forthcoming Monthly Schedule Update once scope is confirmed.

Qualifications and Assumptions
The following is intended to further clarify the scope of services provided or excluded and is the basis for our Change Order Request proposal. This Proposal is to be reviewed in conjunction with this Proposal Summary document. Certain assumptions have been made in preparing this proposal that are intended to complement the documents.

The following scope of work is not included in the base bid. o Assumes one mobilization. Any additional mobilization is not covered. o Any underground structural elements which are not exposed exceeding the assumed thickness or size is excluded in this proposal.
o Any unforeseen underground conditions or obstructions are excluded in this proposal. o Testing, inspection and preservation of existing utilities system in the building. o Removal of Hazardous Materials.
o Grading, excavation or exterior Site work.
o Demolition of remaining SOG or selective demo for new foundation and existing wall foundation strengthening work
o Any permits, insurance and additional site requirements per METROLINK or AHJ. o Additional shoring or protection of any existing elements except for South wall. o Any structural or MEP design, engineering and calculations. o Soil conditions and compaction requirements to be provided by Structural Engineer. o Proposal pricing based on existing site conditions. Any quantity discrepancies in the bid item SOV document shall not incur a change in contract scope or contract total sum. Scope quantity adjustments shall be reflected by updated drawings and specifications, with bid drawings and specifications as basis of change.

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Project Name: Covina Rec Village - Demolition of East Building Project Address: 640 N Citrus Ave, Covina Ca, 91723

QTY UNIT PRICE TOTAL

DEMOLITION
1 1 LS 174,994.03 174,994.03
2 1 LS 76,958.90 76,958.90
251,952.93

ITEM OF WORK
Demolition of East Building

CONTRACT AMOUNT
Temporary bracing / shoring

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South wall and footings to remain Approx. 25LF wide SOG to remain in this demo phase

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South wall and footings to remain Approx. 25LF wide SOG to remain in this demo phase

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: February 4, 2025
Title: Contract Agreements for On-Call Construction Contractors for the Period of February 4, 2025 – June 30, 2028 for a Not-to-Exceed Amount of $500,000 per Fiscal Year Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute Contract Agreements between the City of Covina and Approved On-Call Construction Contractors.

EXECUTIVE SUMMARY/BACKGROUND:

The City utilizes a variety of specialized contractors and consultants to be able to respond to more complex maintenance or emergency situations affecting public infrastructure and facilities in the community. Historically, outside contractors have been used to supplement City staff to perform construction activities including but not limited to demolition/abatement/remediation services, environmental testing, asphalt paving, concrete, masonry, painting, water system improvements and sewer system improvements. City staff is requesting a continuation of these contractual opportunities to ensure the City is well-protected against any deficiencies, threats or dangers that may inherently impact public areas, infrastructure and facilities.

DISCUSSION:

On-call contract agreements allow City staff to retain maintenance and construction services for specific scenarios that in-house staff are unable to respond to in a timely matter either due to a lack of available personnel or material resources. Public agencies generally possess a list of on-call contractorsthat can assist with more complex projects or maintenance / construction emergencies that can arise at any given moment. The concept of having On-Call Construction Agreements will provide the City with a wide range of readily available trade services able to expeditiously and professionally respond to various types of maintenance and emergency situations involving City infrastructure and facilities.

A Request for On-Call Contractors was properly noticed through the San Gabriel Valley Examiner on December 26, 2024 and January 2, 2025. The Department of Public Works created an On-Call Contractor List Submittal Form which was made available to any interested parties requesting to be placed on the On-Call Contractor’s List for future project consideration. Completed forms were subsequently returned to the City by the Thursday, January 9, 2025 due date with thirteen (13) firms successfully completing the On-Call Contractor List Submittal Form. These companies have been compiled in “Attachment A” for consideration as On-Call Contractors to be utilized by the City for construction and/or maintenance services and City staff can reach out to these firms for assistance to address construction or maintenance needs when warranted.

City Council approval of this item will authorize City staff to receive project proposals from one or more of the approved On-Call Contractors. Pursuant to the proposals received, City staff will negotiate and execute an agreement with the most qualified firm and the cost of these services will be charged directly to specific project accounts or enterprise accounts. The City of Covina is subject to the California Uniform Construction Cost Accounting Act (CUCCAA) and Public Contract Code (PCC) and will follow bidding guidelines outlined in both.

Furthermore, procurement of services under these on-call services agreements will also continue to adhere to the City’s purchasing requirements.

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FISCAL IMPACT:

On balance, the City is under no obligation to expend a specified dollar amount each fiscal year for construction/maintenance services and repairs nor using any of the companies identified on the On-Call Contractors list; each on-call construction agreement will be handled independent of other on-call agreements, shall have a not-to-exceed value of $500,000 per fiscal year, and the requisite operating or capital budget must be programmed and approved by the City Council. Funding is provided as appropriated in various funds, including but not limited to General Fund, Internal Service Funds, Enterprise Funds, Special Revenue Funds, and Grant Funds.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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Company Address Contact Phone # Email CSLB License No. & Expiration Date
DIR Registration No.

Renewed Annually Date
"A" Licensed Contractors
Stephen Doreck Equipment Rentals Inc.
9075 Telegraph Road, Pico Rivera, CA 90660
Pablo Viramontes 562-949-4949 pablo@doreckconstructio
n.com
665471 - 2/28/2026 1000011335 - 6/30/2026
FS Contractors, Inc. 14838 Bledsoe Street, Sylmar,
CA 91342
Jose Angel Fierros 818-838-6040 [email protected] m
1005940 - 7/31/2025 1000033438 - 6/30/2025
Gentry Brothers, Inc. 384 Live Oak Ave, Irwindale,
CA 91706
Jason Roehrborn 626-537-5922 [email protected] 397682 - 12/31/2026 1000002240 - 6/30/2025 GM Sager Construction Co, Inc.
1380 S East End Ave, Pomona,CA 91766
Francisco Tovar 909-620-9987 [email protected] 607796 - 12/31/2026 1000010280 - 6/30/2027 GRBCON, Inc. 5114 Elton Street, Baldwin
Park, CA 91706
Kristion Grbavac 626-699-2380 [email protected] 1012408 - 3/31/2026 1000038691 - 6/30/2027 Green Giant Landscape, Inc.
941-A Macy Street, La Habra, CA 90631
Donald L. Henderson 562-690-6208 [email protected] m
670478 - 5/31/2026 1000014238 - 6/30/2027
Siterep Construction Services, Inc.
301 E. Arrow Highway, Suite 105, San Dimas, CA 91773
Andre Ortiz 909-418-8690 [email protected] 1094220 - 7/31/2026 1000729663 - 6/30/2025 "B" Licensed Contractors
Danny Ryan Precision Contracting Inc dba ADEP Precision Contracting 16782 Millikan Ave, Irvine, CA 92606
Debbie Carrillo 949-642-6664 [email protected]
om
701357 - 11/30/2025 1000018129 - 6/30/2025
Belfor USA Group Inc dba Belfor Property Restoration
185 Oakland Ave, Suite 150, Birmingham, MI 48009
Ruby Balcazar 800-421-4112 [email protected]
om
810553 - 7/31/2026 1000013546 - 6/30/2025
IBuild Construction Corp 18800 Amar Road, Suite B13,
Walnut, CA 91789
Joaquin Cervantes 626-667-8676 [email protected] 1031585 - 10/31/2025 N/A Painting & Décor Inc. 1210 N. Jefferson St, Suite K,
Anaheim, CA 92807
John Buchner 949-888-2565 contact@paintinganddeco
r.com
276640 - 6/30/2026 1000002852 - 6/30/2025
Siterep Construction Services, Inc.
301 E. Arrow Highway, Suite 105, San Dimas, CA 91773
Andre Ortiz 909-418-8690 [email protected] 1094220 - 7/31/2026 1000729663 - 6/30/2025 Sky JTC Corporation dba Sky Painting
1027 S. Park View St, Los Angeles, CA 90006
Randy Lee 213-674-7334 [email protected] 1021857 - 12/31/2026 1000058101 - 6/30/2027 City of Covina - On-Call Contractor's List
Annually Updated Last on: 2/4/2025

ATTACHMENT
A

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Company Address Contact Phone # Email CSLB License No. & Expiration Date
DIR Registration No.

Renewed Annually Date
City of Covina - On-Call Contractor's List
Annually Updated Last on: 2/4/2025
"C-8" Concrete Contractors
FS Contractors, Inc. 14838 Bledsoe Street, Sylmar,
CA 91342
Jose Angel Fierros 818-838-6040 [email protected] m
1005940 - 7/31/2025 1000033438 - 6/30/2025
"C-13" Fencing Contractors
Green Giant Landscape, Inc.
941-A Macy Street, La Habra, CA 90631
Donald L. Henderson 562-690-6208 [email protected] m
670478 - 5/31/2026 1000014238 - 6/30/2027
"C-21" Building Moving/Demolition Contractors
Danny Ryan Precision Contracting Inc dba ADEP Precision Contracting 16782 Millikan Ave, Irvine, CA 92606
Debbie Carrillo 949-642-6664 [email protected]
om
701357 - 11/30/2025 1000018129 - 6/30/2025
"C-22" Asbestos Abatement Contractors
Danny Ryan Precision Contracting Inc dba ADEP Precision Contracting 16782 Millikan Ave, Irvine, CA 92606
Debbie Carrillo 949-642-6664 [email protected]
om
701357 - 11/30/2025 1000018129 - 6/30/2025
Magnolia Environmental, LLC
17226 1/2 Jersey Ave, Artesia, CA 90701
Andrea Pulsipher 562-922-3144 office@magnoliaenviornm
ental.com
N/A 2000005283 - 6/30/2025
"C-27", Landscape Contractors
FS Contractors, Inc. 14838 Bledsoe Street, Sylmar,
CA 91342
Jose Angel Fierros 818-838-6040 [email protected] m
1005940 - 7/31/2025 1000033438 - 6/30/2025
Green Giant Landscape, Inc.
941-A Macy Street, La Habra, CA 90631
Donald L. Henderson 562-690-6208 [email protected] m
670478 - 5/31/2026 1000014238 - 6/30/2027
"C-27", Painting and Decorating Contractors
Painting & Décor Inc. 1210 N. Jefferson St, Suite K,
Anaheim, CA 92807
John Buchner 949-888-2565 contact@paintinganddeco
r.com
276640 - 6/30/2026 1000002852 - 6/30/2025
"C-34", Pipeline Contractors
Siterep Construction Services, Inc.
301 E. Arrow Highway, Suite 105, San Dimas, CA 91773
Andre Ortiz 909-418-8690 [email protected] 1094220 - 7/31/2026 1000729663 - 6/30/2025

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Company Address Contact Phone # Email CSLB License No. & Expiration Date
DIR Registration No.

Renewed Annually Date
City of Covina - On-Call Contractor's List
Annually Updated Last on: 2/4/2025
"C-42", Sanitation System Contractors
GRBCON, Inc. 5114 Elton Street, Baldwin
Park, CA 91706
Kristion Grbavac 626-699-2380 [email protected] 1012408 - 3/31/2026 1000038691 - 6/30/2027

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ATTACHMENT B

CONTRACT

CITY OF COVINA CONTRACT FOR

ON-CALL CONTRACTOR - CONSTRUCTION
THIS CONTRACT (“Contract”) is made and entered this _________________ (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and ______ ________, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is ___ _ ; Class _ __. Contractor’s DIR registration number is __ ___.

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 On-Call Contractor - Construction (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation & Term. In consideration of the services rendered hereunder, City shall pay Contractor an amount not-to-exceed Five Hundred Thousand Dollars ($500,000) per fiscal year, 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:

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ATTACHMENT B
“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]

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ATTACHMENT B

CITY OF COVINA
By:

City Manager
ATTEST:

By:

City Clerk
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

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ATTACHMENT B

EXHIBIT A

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ATTACHMENT B

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:

ON-CALL CONTRACTOR - CONSTRUCTION
(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

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ATTACHMENT B
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.

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ATTACHMENT B

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

ON-CALL CONTRACTOR - CONSTRUCTION
(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

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ATTACHMENT B
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.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: February 4, 2025
Title: Professional Services Agreements for CEQA and NEPA Related Services Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Approve Professional Services Agreements to allow for continued contractual support for CEQA and NEPA related consulting services for a compensation amount not to exceed $300,000 each for Michael Baker, Dudek, Inc., and Environmental Science Associates (ESA); and

2. Approve Third Amendment to Professional Services Agreement with EPD Solutions, Inc. to extend term of agreement, update the approved fee schedule, and amend compensation by $122,000 for continued contractual support for CEQA and NEPA related consulting services.

EXECUTIVE SUMMARY:

On February 15, 2015, the City Council entered into several Professional Services Agreements with vendors to provide general on-call staffing and specialized environmental services to the Community Development Division.

Over time, this on-call consultant list has been amended to add two (2) additional firms.

The use of on-call professional consultants for environmental services allows the city to more efficiently handle development applications. The consultants assist with preparing and analyzing projects under applicable State and Federal law – such as the California Environmental Quality Act or “CEQA”, or the National Environmental Policy Act or “NEPA” (federally funded projects). Most of these services are funded through the use of developer deposit accounts, while occasionally, local funds are used for City capital improvement projects. As proposed, it is requested that the City Council consider the approval of new professional services agreements with Michael Baker and Associates, Dudek, Inc. and ESA and the amendment of an existing agreement with EPD Solutions, for an amount not-to-exceed $300,000 through February 4, 2029.

BACKGROUND/DISCUSSION
The aforementioned vendors have demonstrated expertise in preparing environmental review documents as required by CEQA and or NEPA that include, but are not limited to, one or more of the following review tasks:
 Initial Site Assessment
 CEQA Initial Study to determine whether a project requires an Environmental Impact Report (“EIR), Mitigated Negative Declaration (“MND”), Negative Declaration (“ND”), or CEQA Exemption  Cultural and Historical Evaluations
 Noise Studies
 Air Quality
 Transportation Studies
 Water Quality/Storm and Wastewater Control Management  Greenhouse Gas Emission Studies
 Environmental Mitigation Studies/Reports
 Coordination of notices and presentations at public meetings  Mitigation Monitoring
 Coordinate CEQA review with project review

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 Peer review of environmental documents submitted by project applicants for a review of completeness, adequacy, and compliance with CEQA
Benefits of maintaining a pre-approved consultant list
Maintaining a list of pre-approved consultants streamline the time for the development review process. With preapproved contracts in place, staff may assign a task order to the eligible consultant list and select the lowest responsive bidder to complete the task. Staff may then provide consultant costs to the applicant and set up a developer deposit account to cover actual expenses incurred. Any funds not used are to be refunded to the applicant. This allows the CEQA process to begin promptly and concurrently with the city’s entitlement processes. The Planning Division is also in the process of preparing a Request for Qualifications to invite additional potential Planning firms to the pre-approved consultant list for CEQA/NEPA environmental consulting which will be released later this year.

Examples of Recent and Upcoming Task Orders
Recent/completed tasks
 Recirculation of an Environmental Impact Report prepared by Michael Baker to provide clearance for a proposed horizontal mixed-use development project at 1000 N Azusa (former Albertson’s site).  Preparation of a Mitigated Negative Declaration for a proposed 3-story self-storage building with a rental office and secure areas (Public Storage) at 1330 E Cypress.  CEQA and Environmental Services and Permit Assistance for the Wingate Park Regional EWMP Project (City Initiated Project).
 Technical Study Preparation and associated Environmental Services related to an 80-unit townhome development at 747 N. Barranca.
 NEPA Compliance Services for the Covina Recreation Village Project at 707 N. Barranca Avenue.

Upcoming/Anticipated Tasks
 NEPA Compliances Services for the Covina Recreation Village Pedestrian Bridge (Covina Metrolink Connectivity Project).

FISCAL IMPACT:

As mentioned, the four vendor Professional Services Agreements are for supportive services related to staterequired CEQA compliance or federally required NEPA compliance for development projects. A majority of task orders are funded through a developer (Applicant) deposit to pay for actual costs rendered for environmental services. At times, a city-led project may also necessitate the use of specialized consultants for the completion of specific tasks such as peer review or NEPA assessment. Sources of funding may vary and the appropriation of funding, if needed, would be returned to the City Council for action or would be included in the appropriate Fiscal Year Operating Budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

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Page 1 of 12 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated February 4, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Michael Baker International, Inc., a Pennsylvania Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform environmental services as described in exhibit “B”.

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 February 4, 2027 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one-year terms. In no event shall the contract be extended beyond February 4, 2029.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Three Hundred Thousand Dollars ($300,000) (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 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.

B. 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.

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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.

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 John Bellas, Associate Vice 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.

C. 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.

D. 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.

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

F. 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

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due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

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

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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

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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

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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.

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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.

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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

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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.

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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: Daniella Andrade John Bellas
City of Covina Michael Baker International
125 E. College Street| 3760 Kilroy Airport Way, Suite 270 Covina, California 91723 Long Beach, CA 90806

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.

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

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

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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: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Michael Baker International, Inc.
a Pennsylvania Corporation
By:

Name: Richard Beck
Title: Assistant Secretary
By:

Name: Todd McIntyre
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.)

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES
Preparation of environmental review documents as required by CEQA and/or NEPA that include, but are not limited to, one or more of the following review tasks:
 Initial Site Assessment
 CEQA Initial Study to determine whether a project requires an Environmental Impact Report (“EIR), Mitigated Negative Declaration (“MND”), Negative Declaration (“ND”), or CEQA Exemption
 Cultural and Historical Evaluations
 Noise Studies
 Air Quality
 Transportation Studies
 Water Quality/Storm and Wastewater Control Management  Greenhouse Gas Emission Studies
 Environmental Mitigation Studies/Reports
 Coordination of notices and presentations at public meetings  Mitigation Monitoring
 Coordinate CEQA review with project review
 Peer review of environmental documents submitted by project applicants for a review of completeness, adequacy, and compliance with CEQA

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated February 4, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Dudek (“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 on call environmental consulting services.

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 February 4, 2027, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two additional one-year terms. In no event shall the contract be extended beyond February 4, 2029

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Three Hundred Thousand Dollars ($300,000) (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 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.

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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.

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 Joseph Monaco, President and CEO (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.

C. 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.

D. 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.

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

F. 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

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due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

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

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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

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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

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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.

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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.

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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

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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.

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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: Daniella Andrade Dudek
[email protected] Legal Department/Contracts
626-384-5445 [email protected]
City of Covina [email protected]
125 E. College St 760-942-5147
Covina, California 91723 605 Third Street
Encinitas, CA 92024

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

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

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.

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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: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Dudek,
a California Corporation
By:

Name: Joseph Monaco
Title: President and CEO
By:

Name: Helder Guimaraes
Title: Chief Financial Officer
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents

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authorize only one person to sign this
Agreement on behalf of the corporation.)

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES
Preparation of environmental review documents as required by CEQA and/or NEPA that include, but are not limited to, one or more of the following review tasks:
 Initial Site Assessment
 CEQA Initial Study to determine whether a project requires an Environmental Impact Report (“EIR), Mitigated Negative Declaration (“MND”), Negative Declaration (“ND”), or CEQA Exemption
 Cultural and Historical Evaluations
 Noise Studies
 Air Quality
 Transportation Studies
 Water Quality/Storm and Wastewater Control Management  Greenhouse Gas Emission Studies
 Environmental Mitigation Studies/Reports
 Coordination of notices and presentations at public meetings  Mitigation Monitoring
 Coordinate CEQA review with project review
 Peer review of environmental documents submitted by project applicants for a review of completeness, adequacy, and compliance with CEQA and/or NEPA

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated February 4, 2025, (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Environmental Science Associates, 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 scope of services as described in Exhibit “B.”
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 February 4, 2027, unless sooner terminated as provided in Section 13 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional years. In no event shall the contract be extended beyond February 4, 2029.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Three Hundred Thousand ($300,000) (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 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.

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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 Ruta K.

Thomas, Southern CA Regional Director (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

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

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

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

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

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

4. Method of Payment.

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

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

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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. City acknowledges that such use or reuse is at City’s sole risk and without liability to 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,

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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. 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.

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

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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, to the extent they arise out of, are claimed to arise out of, pertain to, or relate to the negligent 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’ passive negligence, except for Liabilities to the extent arising from the 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).

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

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Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees.
4) Errors and Omissions 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 authorized 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 self-insurance 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

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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 three (3) 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

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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: Daniella Andrade. Ruta Thomas, Senior Vice President City of Covina Environmental Sciences Associates
125 E. College Street| 633 West 5th Street, Suite 830
Covina, California 91723 Los Angeles, CA 90071

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.

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

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 non-substantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) non-monetary 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 awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

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

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

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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
Consultant:

Environmental Sciences Associates
a California corporation
By:

Name: Ruta Thomas
Title: Senior Vice President
By:

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

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES
Environmental Review Services shall include, but not limited to, one or more of the following environmental review tasks and shall comply with the latest CEQA Guidelines and/or NEPA Regulations.
 Initial Site Assessment
 CEQA Initial Study to determine whether project requires EIR, MND, ND or CE  Cultural, Historical and Tribal Evaluations
 Noise Studies
 Air Quality
 Transportation Studies
 Water Quality/Storm and Wastewater Control Management  Greenhouse Gas Emission Studies
 Environmental Mitigation Studies/Reports
 Coordinate and distribute environmental documents and notices  Mitigation Monitoring
 Presentations at public meetings
 Coordinate the CEQA Review with Project Review
In addition to the above environmental review tasks, the consultant may be assigned to conduct a peer review of EIR, MND, or ND submitted by the project applicant for a review of completeness, adequacy and compliance with CEQA

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ATTACHMENT D

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT (“AGREEMENT”) WITH EPD SOLUTIONS,
INC.

This Third Amendment is hereby entered into as of February 4, 2025, by and between the City of Covina, a municipal corporation (hereinafter referred to as “CITY”) and Environmental Planning Development Solutions (EPD), Inc., a limited liability company (hereinafter referred to as “Consultant”), with respect to that Agreement for specialized housing consultant services between the parties dated September 03, 2019. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follow:

1. This Second Amendment is made with respect to the following facts and purposes.

A. On September 03, 2019, the City and Consultant entered into that Professional Services Agreement for specialized housing consultant services in the amount not to exceed $500,000.

B. On March 16, 2021, the City and Consultant entered into the First Amendment to the Agreement with Consultant to extend the Term of Agreement to December 31, 2021 and increase the Compensation amount to Five Hundred and Forty-One Thousand Dollars ($541,000) for CEQA Services.

E. On December 15, 2021, the parties extended the Agreement term to September 3, 2023 to continue professional services.

F. The parties now desire to extend the Agreement term to February 4, 2027, Amend Exhibit A Hourly Rates, and increase compensation by $122,000 to continue environmental professional services.

1. 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 February 4, 2027”.

2. 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 Six Hundred and Sixty Three Thousand Dollars ($663,000) (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 schedule of payment, are null and void”

3. Exhibit “A” to the Agreement, “Approved Fee Schedule” is hereby amended by adding thereto the items set forth on Attachment “A” to this Amendment, which is attached hereto and incorporated herein.

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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 Third Amendment on the date stated in the introductory clause.

IN WITNESS WHEREOF, the parties hereto have caused this THIRD AMENDMENT to be executed the day and year first above written.
[SIGNATURES TO FOLOW]
City: Consultant:

City of Covina, EPD Solutions, Inc.

A California municipal corporation A California corporation By: _ By: ___________________________
Name: Chris Marcarello Name: Jeremy Krout
Title: City Manager Title: President and CEO
By: _______________________________
Name: Konnie Dobreva
ATTEST: Title: Vice President
By: _ (Two signatures of corporate officers
Name: Fabian Velez required for corporations under corpTitle: Deputy City Clerk orations Code Section 313, unless Corporate documents authorize only
one person to sign this Agreement on
behalf of the corporation.

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Attachment “A”

EXHIBIT A

APPROVED FEE SCHEDULE
List of Standard Hourly Rates
Position Level Hourly Rate
President; Principal; Sr. Vice President; Vice President $350 - $425 Principal Planner; Director; Sr. Director $285 - $350
Senior Project Manager; Senior Planner; Senior Engineer $235 - $285 Project Manager; Associate II and III Planner; Associate Engineer; Sr. Analyst
$190 - $265
Junior Project Manager; Assistant Project Manager; Associate I Planner; Assistant Planner
$165 - $210
Analyst; Junior Engineer; Technical Editor; Sr. Project Coordinator $150 - $175 Project Coordinator; Drafter; Assistant Analyst $135 - $165 Support Staff $100 - $135

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