CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, March 4, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
IMPORTANT NOTICE
Members of the public may begin entering the City Council Chamber 15 minutes prior to the scheduled start time of the meeting as listed above. During this time, and the duration of the meeting, members of the public will have access to the City Council Chamber and first floor restrooms only.
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, click here or 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: Time is reserved during the Public Comments portion of the meeting for those in the audience who wish to address the City Council on items listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) and items not listed in the agenda within the subject matter jurisdiction of the City Council, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.
All communications are to be addressed directly to the City Council and not to the members of the audience.
Each speaker is limited to a total of five (5) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on anticipated length of the meeting. A speaker's time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority from taking action on any item not on the agenda.
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
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Linares
INVOCATION
Given by Covina Police Chaplain Steve Martinez
APPROVAL OF AGENDA
PRESENTATIONS
A. Covina Viking Cheer Athletes
B. National Nutrition Month
C. American Red Cross Month Proclamation
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council/Agency/Authority on any item listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) or not listed on the agenda, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the Public Hearing is held.
Each speaker is limited to a total of five (5) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on the anticipated length of the meeting.
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
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 February 18, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public
Financing Authority/Housing Authority.
CC 2. Payment of Demands 13
Staff Recommendation:
Approve Payment of Demands in the amount of $5,288,928.79.
CC 3. Accept Regional Park and Open Space District Grant Monies and Approve Re-allocation of Measure W and General Funds to Purchase Property at 319 E. Front Street
21 Staff Recommendation:
Adopt Resolution CC 2025-13 amending the FY 24-25 Capital Improvement Budget to accept and appropriate $840,145.36 in grant monies and allocate those funds, along with previously appropriated $260,000 in Measure W funds and $25,000 in General Funds, to purchase the property located at 319 E. Front Street for a future park access facility.
CC 4. Repairs for Police Department HVAC System 49
Staff Recommendation:
1. Approve repair proposal from Control Air Enterprises; Adopt Resolution CC 2025-18 appropriating $71,127 from the general fund for the repairs to the police station HVAC system; and
2. 3. Waive all bid requirements.
CC 5. Professional Design Services Related to Front Street (FAIR Segment) and Future Park Access Facility at 319 E. Front Street
73 Staff Recommendation:
Adopt Resolution CC 2025-16 to amend the 2024-2025 FY Operating Budget appropriating $74,000 in general fund monies and approve professional services agreements for Elie Farah (Civil Engineering) and Five Point Design (Landscape Architecture) for professional design services related to the Front Street (FAIR) and Future Park Access Facility.
CC 6. Resolution CC 2025-14 Approval and Recordation of Tract No. 84311 – Zest 2.0 Located at 747 N. Barranca Avenue
129
Staff Recommendation:
Adopt Resolution CC 2025-14 approving the recordation of Tract No. 84311 - Zest 2.0 located at 747 N. Barranca Avenue; and
1. Authorize the City Manager to execute the Subdivision Improvement agreement between the City of Covina and TH Barranca, LLC (Trumark Homes) for the Public Improvements for Tract No. 84311.
2. CC 7. Allocating Unallocated FY 24-25 Community Development Block Grant Funds to the "Residential Rehabilitation Program" Project D96164-24, and “Downtown Neighborhood Business Workforce Augmentation Program” Project 602621-24
167
Staff Recommendation:
Adopt Resolution CC 2025-17, Authorizing an Increase to the FY 2024-25 Community Development Block Grant (CDBG) for Projects D96164-24 and 602621-24, and Amending the FY 2024-2025
Community Development Budget to reflect these changes; and
1.
Authorize the City Manager or his designee to execute documents related to the FY 2024-25 CDBG funds.
2. CC 8. City-Wide Solar Street Light Pilot Program – Project No. P2514 – Award of Contract in the Amount of $53,496 to Green Giant Landscape, Inc. 175
Staff Recommendation:
Amend the FY 2024-25 Capital Improvement Program to include the City-Wide Solar Street Light Pilot Program – Project No. P2514;
1. Award a contract for the City-Wide Solar Street Light Pilot Program – Project No. P2514 to Green Giant Landscape, Inc. as the lowest responsive and responsible bidder in the amount of $53,496 and authorize the City Manager to execute the contract;
2. Authorize a project contingency amount of $5,350 (approximately 10%) to cover the cost of unforeseen construction expenses;
3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management and Inspection Services for an amount not-to-exceed $10,000 and authorize the City Manager to execute the agreement; and
4. Adopt Resolution CC 2025-15 appropriating $70,000 from available Street Trees and Landscape District Fund – Fund Balance to account number 2720-2300-55310-P2514 for use towards the completion of this project.
5. NEW BUSINESS
NB 1. Updates on State Housing Legislation and Adoption of a Resolution Opposing the Proposed Saffron Covina Housing Project in Unincorporated Los Angeles County
207
Staff Recommendation:
1. Receive and file this report; and
Adopt Resolution CC 2025-19, expressing the Council’s opposition to the proposed Saffron Covina Housing Project in Unincorporated Los Angeles County.
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, March 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.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
February 18, 2025, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief Ric Walczak
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
_____________________________________________________________________
2 CLOSED SESSION
CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 6:34 p.m. with all Councilmembers except Councilmember Allen present.
PUBLIC COMMENTS
Trump commented on housing displacement and issues regarding labor pay and safety amongst different communities.
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 6:38 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 7:40 p.m. with all Councilmembers present.
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Councilmember Allen.
INVOCATION
Was not held.
CLOSED SESSION REPORT
City Attorney Lee announced that direction was given to staff and no reportable action was taken.
3 PUBLIC COMMENTS
Philip Hawkey, Consultant for National CORE, informed the City Council of a proposed affordable senior housing project that is approximately one mile from the City border at 21344 E.
Arrow Hwy., and requested to set a meeting to receive additional input.
Mistress Sassy Duran Bandido commented regarding the City Council Meeting agenda formatting, basketball courts in City parks, deportation issues, and the desire for the City Council to work towards more housing solutions for those experiencing homelessness.
Neil Polzin commented on the City's invocation policy.
Fredrick Douglas commented on the outcome of Snyder v. Phelps and Brandenburg v. Ohio cases and the first amendment.
Belinda Campos Bresnaha, Project Manager for the LAC USC Medical Foundation and Founder of Breathe Clean Covina Coalition, along with coalition members Anahy Alcantara, Cristina Navarro, and Terry Llorens, each commented on their outreach in the community and support of increased regulations to address second-hand smoke city wide.
Yaneth Rodriguez of the USC Department of Population and Public Health Sciences and the Latino Coordinating Center for a Tobacco-Free California provided more information on the dangers of second-hand smoke.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen complimented the Public Works Department for their work with the street paving projects and prioritizing funding to complete the projects.
Councilmember Cortez commended the Community Development Department for the FRIC & FRAC program and being able to think outside the box to improve the City.
Councilmember Delgado thanked everyone for being in attendance and thanked City Manager Marcarello and City staff for the much needed street paving work.
Mayor King highlighted Consent Calendar items CC4, beginning structural engineering plans for the Covina Recreation Village Project; CC 7 and CC 10, both awarding contracts to continue road improvements; CC 11, planting trees along Cienega Ave. between Grand Ave. and Barranca Ave.; and CC 8, piloting a new hiring incentive program for the Police Department. He also encouraged the community to check out the FRIC & FRAC program operating in the Downtown area Thursday to Sunday in the afternoon and evenings.
Mayor Pro Tem Linares had no comments.
CITY MANAGER COMMENTS
City Manager Marcarello had no comments.
CONSENT CALENDAR PUBLIC COMMENTS
Trump commented on gentrification, idle funds in the investment report, the increased cost of the hiring incentive program, and the resurfacing project being considered.
Mistress Sassy Duran Bandido commented in support of the hiring incentive program for the Police Department and issues faced when applying to become a peace officer.
4 CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Minutes of the February 4, 2025, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved (5 to 0)
CC 2. Payment of Demands
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve Payment of Demands in the amount of $3,210,281.45.
Approved (5 to 0)
CC 3. City of Covina Investment Report for Month Ended January 31, 2025 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Receive and File.
Approved (5 to 0)
CC 4. Covina Recreation Village Project – Phase II – Award of a Professional Services Agreement (PSA) for Structural Engineering Services to EC + Associates Engineering, Inc. for an Amount Not-to-Exceed $69,850 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
1. Award a Professional Services Agreement (PSA) for the Covina Recreation Village Project – Phase II for structural engineering services to EC + Associates Engineering, Inc. as the responsive and responsible bidder for a not-to-exceed amount of $69,850 and authorize the City Manager to execute the PSA; and
2. Establish a contingency allowance of $10,000 with EC + Associates Engineering, Inc. for additional engineering services, if needed.
Approved (5 to 0)
CC 5. Fiscal Year 2024-25 Mid-Year Budget Update and Adjustments Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
1. Adopt Resolution CC 2025-12 & SA 2025-01 authorizing Fiscal Year 2024-2025 mid-year budget adjustments; and
2. Receive and file the Fiscal Year 2024-25 Mid-Year Budget Update.
5 Approved (5 to 0)
CC 6. Seventh Amendment to the Agreement between MRH & Associates and the City of Covina
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Seventh Amendment to the agreement between MRH & Associates LLC and the City of Covina and authorize the City Manager to execute the amendment.
Approved (5 to 0)
CC 7. Badillo Street Resurfacing Project – Project No. P2506 – Award of Contract to Gentry Brothers, Inc. in the Amount of $649,950
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
1. Approve plans and specifications for the Badillo Street Resurfacing Project – Project No. P2506;
2. Award a contract for the Badillo Street Resurfacing Project – Project No.
P2506 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $649,950 and authorize the City Manager to execute the contract;
3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management and Inspection Services for an amount not-toexceed $135,200 and authorize the City Manager to execute the agreement;
4. Award a Professional Services Agreement (PSA) to Willdan Engineering for Pavement Analysis & Testing for an amount not-to-exceed $25,000 and authorize the City Manager to execute the agreement; and
5. Authorize a contingency amount of $120,000 for any unforeseen construction expenses.
Approved (5 to 0)
CC 8. Covina Police Department Hiring Incentive Program Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the creation of a hiring incentive program for the police department.
Approved (5 to 0)
CC 9. One Year Extension of the Agreement with Professional Account Management LLC
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Fourth Amendment to the agreement with Professional Account Management LLC for a one (1) year extension to provide parking citation
6 processing and collections services; and authorize the City Manager to execute the amendment.
Approved (5 to 0)
CC 10. Street Residential Resurfacing Project – Project No. P2505 – Award of Contract to Gentry Brothers, Inc. in the Amount of $524,095 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
1. Approve plans and specifications for the Street Residential Resurfacing Project – Project No. P2505;
2. Award a contract for the Street Residential Resurfacing Project to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $524,095 and authorize the City Manager to execute the contract; and
3. Authorize a contingency amount of $52,410 (approximately 10%) for any unforeseen construction expenses.
Approved (5 to 0)
CC 11. Additional Funding Allocation from the Street Trees and Landscape District Fund and Approval of Change Order for Gentry Brothers, Inc in the Amount of $74,525 for the Cienega Avenue Street Resurfacing Project – Project No.
P2508
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
1. Approve Change Order from Gentry Brothers, Inc in the amount of $74,525; and
2. Approve Resolution CC 2025-11 appropriating $74,525 from available Street Trees and Landscape District Fund – Fund Balance to account number 2720-2250-55030-P2508.
Approved (5 to 0)
PUBLIC HEARINGS
PH 1. Public Hearing Considering the Adoption of Resolution CC 2025-10, Approving Participation in the Fifth Year of the Los Angeles County Permanent Local Housing Allocation Program, and Considering the FundingRelated Allocation Mayor King opened the public hearing.
The agenda report was provided by Management Analyst Alice Leung.
Trump commented on the issue of the affordable housing shortage with no clear answer.
Mistress Sassy Duran Bandido commented in support of the item but noted concerns with previous homelessness programs success from Los Angeles County.
Mayor King closed the public hearing.
7 In response to an inquiry from Councilmember Cortez, City Manager Marcarello informed that the $25,000 provided to the San Gabriel Valley Regional Housing Trust (SGVRHT) was a one-time seed funding and no further money has been committed. Community Development Director Lee also confirmed the City would be able to create its own housing programs outside of the SGVRHT but would not be eligible for grants through the SGVRHT.
Motion made by: Councilmember Allen
Seconded by: Councilmember Cortez
1. City Council to open the public hearing and consider public testimony and close the public hearing; and
2. Adopt Resolution CC 2025-10, approving participation in the fifth year of the Los Angeles County Permanent Local Housing Allocation Program, specifying the use of PLHA funds, & amending the FY 24-25 Community Development Budget; and
3. Authorize the City Manager or his designee to execute the Participation Agreement and other related documents as necessary.
Approved (5 to 0)
CONTINUED BUSINESS
CB 1. Issuance of Notices to Proceed in the City’s Commercial Cannabis Permit Program RFP Process
Staff Recommendation:
That the City Council consider the remaining applicants in the City’s Commercial Cannabis RFP process and authorize up to two (2) applicants to proceed in the preapplication and permitting process.
Mayor Po Tem Linares recused himself from the item due to a conflict of interest and left the dias at 8:29 p.m.
The agenda report and background information were provided by City Manager Marcarello.
Councilmember Allen informed the applicants that he will be voting no on the item as a matter of principle.
Councilmember Cortez received clarification on the consequences of not submitting a preapplication for a Conditional Use Permit within 60 days. City Manager Marcarello also informed the Council that applicants are not allowed to sell licenses but provisions have been included in the case of new management or an acquisition.
Trump and Mistress Sassy Duran Bandido spoke regarding their concerns with the legalization of recreational marijuana.
JP Sazon, Michele Durfee, Sonnie Swenston, Samantha Saenz on behalf of Kenneth Almeida, Andrea Arrendondo, Bri Rizo on behalf of Debbie Quan, Danielle Rivas on behalf of Debra M. Ward, and Mark Ramos commented in support of Embarc Covina, LLC.
8 Charley Bell commented in support of Rilano Covina, Inc.
Charles Boldwin commented in support of Haven Covina, LLC.
Lisa Reina, Peggy Macias, and Sal Flores Chatfield elected to yield their time.
In response to an inquiry from Councilmember Cortez, City Manager Marcarello stated that all applicants include a community benefit component which may be administered through the City Council. He also informed of the development agreement process once a Notice to Proceed has been issued with City Attorney Lee clarifying that all development agreements must be approved by ordinance and, as such, will need to be reviewed twice by the City Council and include the 30-day review period before taking effect.
Councilmember Delgado also asked what the process could look like if one of the selected parties were to drop out and City Manager Marcarello stated that the item would return to the City Council for review at that time. City Attorney Lee added that the City Council has the option to award three Notice to Proceeds but is not obligated.
Mayor King, Councilmember Cortez, and Councilmember Delgado thanked the applicants for their work in the RFP process and expressed their satisfaction with all options before them.
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Award a Notice to Proceed to Rilano Covina, Inc., and Zen GW Cali Partners, LLC.
Approved (3 to 1); Allen No; Linares Absent
ADJOURNMENT
At 9:23 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, March 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
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: March 4, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $5,288,928.79.
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 January 31, 2025 – February 13, 2025 CITY checks/EFTs $ 4,146,596.90
CITY payroll $ 1,088,509.29
CITY voids $ (22,586.23)
Worker’s Comp $ 75,729.19
$ 5,288,249.15
SACRA checks/EFTs $ 457.50
SACRA payroll $ 222.14
$ 679.64
TOTAL checks/EFTs $ 5,288,928.79
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,
CITY OF COVINA
Check Register
Jan 31, 2025 - Feb 13, 2025
Check # Check Date Vendor Name Amount
6001 02/13/2025 4003 MidAmerica 2,202.90
20921 02/13/2025 788 COVINA, CITY OF 51,708.06 *
20922 02/13/2025 789 COVINA-FSA, CITY OF 1,590.82
20923 02/13/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 34,127.13 20924 02/13/2025 788 COVINA, CITY OF 95.71 *
20925 02/13/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20926 02/13/2025 487 CalPERS 101,626.35
20927 02/13/2025 487 CalPERS 7,210.53
subtotal EFT/wires/direct deposits 206,061.50
Internal transfers - workers comp allocation - no net cash effect (51,803.77) * subtotal EFT/wires/direct deposits less Internal Transfers $154,257.73 124942 02/06/2025 14 A1 RENTALS 1,900.23
124943 02/06/2025 84 AIRGAS-WEST 255.46
124944 02/06/2025 113 ALL CITY MANAGEMENT SVC 15,582.93 124945 02/06/2025 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 124946 02/06/2025 239 AUTOZONE INC 5.84
124947 02/06/2025 254 AZUSA LIGHT & WATER 164.36
124948 02/06/2025 255 AZUSA PLUMBING & HEATNG SUPPLY 703.24 124949 02/06/2025 703 UNIQUE PRINTING 2,150.98
124950 02/06/2025 783 CITY OF COVINA WATER 542.40
124951 02/06/2025 849 DAPEER ROSENBLIT & LITVAK LLP 2,034.38 124952 02/06/2025 878 DELTA DENTAL OF CALIFORNIA 122.02 124953 02/06/2025 970 EDISON CO 43,129.84
124954 02/06/2025 1055 FEDEX 17.20
124955 02/06/2025 1156 THE GAS COMPANY 373.81
124956 02/06/2025 1235 GRAINGER 1,551.55
124957 02/06/2025 1317 HdL Coren & Cone 4,651.10
124958 02/06/2025 1429 INLAND EMPIRE STAGES 1,481.85
124959 02/06/2025 1441 INTERSTATE BATTERY SYSTEM OF EAST SAN GABRIEL 38.37 124960 02/06/2025 1505 JOHNNY'S POOL SERVICE 115.73
124961 02/06/2025 1614 LA CNTY FIRE DEPARTMENT 1,106,885.35 124962 02/06/2025 1615 REGIONAL TAP SERVICE CENTER 40.00 124963 02/06/2025 1694 LEWIS ENGRAVING INC 13.23
124964 02/06/2025 1792 MANNING & KASS 87,021.67
124965 02/06/2025 2004 MUNICIPAL MGMT ASSOC OF SOCAL 125.00 124966 02/06/2025 2027 NAPA AUTO PARTS 110.90
124967 02/06/2025 2091 O REILLY AUTO PARTS 88.23
124968 02/06/2025 2287 POWELL CAMERA SHOP 34.73
124969 02/06/2025 2294 PR DIAMOND PRODUCTS INC 1,650.00 124970 02/06/2025 2329 PUENTE READY MIX INC 2,032.45
124971 02/06/2025 2345 QUILL 83.52
124972 02/06/2025 2407 REGIONAL TAP SERVICE CENTER 289.40 124973 02/06/2025 2487 RSG, Inc. 250.00
124974 02/06/2025 2587 SCPLRC MEMBERSHIP 400.00
124975 02/06/2025 2676 SMART AND FINAL IRIS CORP 82.21
124976 02/06/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 121.75 124977 02/06/2025 2736 STAPLES BUSINESS ADVANTAGE 151.06 124978 02/06/2025 2800 T MOBILE USA 50.00
124979 02/06/2025 2800 T MOBILE USA 377.07
124980 02/06/2025 2804 TAG AMS INC 585.00
124981 02/06/2025 2818 GABE BF VAN LEEUWEN 207.90
124982 02/06/2025 2846 THOMAS, TERRI 1,008.00
Attachment A Page 1 of 5
CITY OF COVINA
Check Register
Jan 31, 2025 - Feb 13, 2025
Check # Check Date Vendor Name Amount
124983 02/06/2025 2855 SPECTRUM 99.25
124984 02/06/2025 2855 CHARTER COMMUNICATIONS 502.91
124985 02/06/2025 2958 USPS - POC ACCOUNT #8098154 2,085.85 124986 02/06/2025 3052 WATERLINE TECHNOLOGIES INC 970.14 124987 02/06/2025 3134 XEROX CORPORATION 1,490.58
124988 02/06/2025 3163 GENTRY BROTHERS INC 13,300.00
124989 02/06/2025 3187 WAGONER, PAMELA 861.00
124990 02/06/2025 3190 LAYNE, JONATHAN DANIEL 462.00
124991 02/06/2025 3235 COOK, SHAWNA 571.20
124992 02/06/2025 3256 MULTI W SYSTEMS INC 14,587.14
124993 02/06/2025 3718 NADENE VALDEZ 338.10
124994 02/06/2025 3729 SUNBELT RENTALS INC 27.18
124995 02/06/2025 3749 JCL TRAFFIC SERVICES 1,062.19
124996 02/06/2025 3796 RICHARDS, WATSON & GERSHON 5,768.51 124997 02/06/2025 3801 JONES & MAYER 387.06
124998 02/06/2025 3932 ARLENE D. MAR 231.00
124999 02/06/2025 3982 CAROL A CUGNO 494.10
125000 02/06/2025 3988 LANDSCAPE WAREHOUSE III 331.04
125001 02/06/2025 4065 VERIZON BUSINESS SERVICES 155.90 125002 02/06/2025 4065 VERIZON WIRELESS 708.94
125003 02/06/2025 4089 MEASOM, DEVIN THOMAS 862.05
125004 02/06/2025 4201 OFFICE TEAM - A ROBERT HALF COMPANY 22,272.60 125005 02/06/2025 4246 FERGUSON WATERWORKS #1083 16.98
125006 02/06/2025 4249 H.Q. ENTERPRISES 50.70
125007 02/06/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 13.38 125008 02/06/2025 4350 RKA Consulting Group 11,845.00
125009 02/06/2025 4374 ADMINSURE, INC 7,307.00
125010 02/06/2025 4433 JAIME YAMASHITA 13,540.00
125011 02/06/2025 4455 FRONTIER 7,215.66
125012 02/06/2025 4483 DALE A. GARRISON 35.00
125013 02/06/2025 4488 WILCOX SUPPLY INC 37.04
125014 02/06/2025 4500 LA Gateway Region Integrated Regional Water Mgmt 1,326.79 125015 02/06/2025 4688 PCAM, LLC 39,214.50
125016 02/06/2025 4704 S & J Supply Company, Inc. 1,481.93 125017 02/06/2025 4710 Fidelity Security Life Insurance Company 8.62 125018 02/06/2025 4714 CIR, Inc. 42,059.21
125019 02/06/2025 4747 Empire Pipe Cleaning and Equipment, Inc. 111,846.17 125020 02/06/2025 4764 UniFirst Corporation 734.13
125021 02/06/2025 4804 Vihulu L. Villagran 189.00
125022 02/06/2025 4814 PTM General Engineering Services, Inc. 104,332.53 125023 02/06/2025 4817 Weck Analytical Environmental Services, Inc. 623.00 125024 02/06/2025 4829 Alicia A. Flores 166.60
125025 02/06/2025 4833 Michael R. Hillmann 2,405.00
125026 02/06/2025 4854 CEJ Engineers, Inc. 2,620.00
125027 02/06/2025 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 3,768.61 125028 02/06/2025 4874 MARIA E. VELOSCO BEDRAN 1,534.01 125029 02/06/2025 4883 Glendora Employment Agency, Inc 1,780.38 125030 02/06/2025 4928 Springstead & Associates, Inc. 4,000.00 125031 02/06/2025 4931 Antonio Castro Jr 1,341.24
125032 02/06/2025 4965 Environment Planning Development Solutions, Inc. 710.00 125033 02/06/2025 5075 Amalia Q. Seresinghe 224.70
125034 02/06/2025 5109 SITEREP CONSTRUCTION SERVICES, INC. 21,453.00 Attachment A Page 2 of 5
CITY OF COVINA
Check Register
Jan 31, 2025 - Feb 13, 2025
Check # Check Date Vendor Name Amount
125035 02/06/2025 5228 ODP BUSINESS SOLUTIONS, LLC 272.15 125036 02/06/2025 5233 RODENT PEST TECHNOLOGIES 270.38
125037 02/06/2025 5291 AMAZON CAPITAL SERVICES, INC 88.15 125038 02/06/2025 5394 SIERRA PLUMBING & DRAIN CLEANING 1,800.00 125039 02/06/2025 5423 SUSAN T SCHOCK 84.00
125040 02/06/2025 5445 MARGARET L SMITH 168.00
125041 02/06/2025 5456 JOSE GONZALEZ 5,000.00
125042 02/06/2025 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 125043 02/06/2025 5549 AMANDA LOPEZ 140.00
125044 02/06/2025 5550 LEAH DAWN OSIER 115.50
125045 02/06/2025 5553 SOUTHERN TIRE MART LLC 138.87
125046 02/06/2025 5568 PERERA CONSTRUCTION & DESIGN, INC. 550,346.20 125047 02/06/2025 5569 STANCIL CORPORATION 25,376.75
125048 02/06/2025 5577 Bear Electrical Solutions, LLC 2,945.00 125049 02/06/2025 5582 KATHARINE CURTISS 425.25
125050 02/06/2025 5593 FOSTER & FOSTER CONSULTING ACTUARIES, INC 750.00 125051 02/06/2025 5600 ENVIRONMENTAL EQUIPMENT SUPPLY, INC. 197.90 125052 02/06/2025 5603 KAYLEE L BARNITT 201.60
125053 02/06/2025 5611 LYNN GONZALEZ 317.64
125054 02/06/2025 99999 AFT ONE LLC 42.56
125055 02/06/2025 99999 ALEJANDRA GONZALEZ TRUJILLO 69.92 125056 02/06/2025 99999 ANDREW PRINCE 1,800.00
125057 02/06/2025 99999 BRANDON LABREAU 44.16
125058 02/06/2025 99999 CHENG-WEI SUN 59.05
125059 02/06/2025 99999 JOVANNI MARQUEZ 126.64
125060 02/06/2025 99999 KRYSTAL SMITH 75.13
125061 02/06/2025 99999 MANLIANG CHEN 1,800.00
125062 02/06/2025 99999 MARISELA TORRES 300.00
125063 02/06/2025 99999 MAYA JIMENEZ 34.27
125064 02/06/2025 99999 MICHAEL CHAO 120.18
125065 02/06/2025 99999 POOL CONCEPTS OF CALIFORNIA 1,050.00 125066 02/06/2025 99999 WRIGHT REAL PROPERTY MANAGEMENT 70.60 125067 02/13/2025 14 A1 RENTALS 2,100.00
125068 02/13/2025 44 ADAMSON INDUSTRIES 3,191.82
125069 02/13/2025 82 AIR-BREE HEATING 235.72
125070 02/13/2025 84 AIRGAS-WEST 756.00
125071 02/13/2025 219 AT&T 413.61
125072 02/13/2025 219 AT&T 57.70
125073 02/13/2025 370 BOB BARKER CO INC 498.54
125074 02/13/2025 437 BURRO CANYON ENT INC 100.00
125075 02/13/2025 568 CAT SPECIALTIES INC 1,530.14
125076 02/13/2025 649 CINTAS CORP #693 779.26
125077 02/13/2025 653 CITRUS AUTO UPHOLSTERY 277.16
125078 02/13/2025 654 CITRUS CAR WASH 89.97
125079 02/13/2025 664 CIVILTEC ENGINEERING INC. 2,672.50 125080 02/13/2025 700 COLLEY FORD 785.81
125081 02/13/2025 703 UNIQUE PRINTING 128.17
125082 02/13/2025 766 COVINA DISPOSAL CO 20,474.45
125083 02/13/2025 771 COVINA IRRIGATING CO 272,493.00
125084 02/13/2025 970 EDISON CO 66,415.22
125085 02/13/2025 1055 FEDEX 81.71
125086 02/13/2025 1204 GOLDEN STATE WATER COMPANY 818.27 Attachment A Page 3 of 5
CITY OF COVINA
Check Register
Jan 31, 2025 - Feb 13, 2025
Check # Check Date Vendor Name Amount
125087 02/13/2025 1235 GRAINGER 342.48
125088 02/13/2025 1275 HAAKER EQUIPMENT CO 267.24
125089 02/13/2025 1387 HUNTER, JOHN L. 9,000.00
125090 02/13/2025 1437 INTER-CON SECURITY SYSTEMS INC 7,427.24 125091 02/13/2025 1531 JW LOCK CO INC 82.52
125092 02/13/2025 1612 LA CNTY DEPT OF PUBLIC WORKS 5,597.78 125093 02/13/2025 1615 REGIONAL TAP SERVICE CENTER 40.00 125094 02/13/2025 1619 LA CNTY SHERIFF'S DEPT 397.76
125095 02/13/2025 1707 LIEBERT CASSIDY WHITMORE 16,100.00 125096 02/13/2025 1924 MILLERS & ISHAMS 232.11
125097 02/13/2025 1933 MISSION LINEN SUPPLY 44.98
125098 02/13/2025 2163 PACIFIC PARKING SYS INC 5,950.00 125099 02/13/2025 2210 PATTON SALES CORP 73.94
125100 02/13/2025 2270 PLUMBING WHOLESALE OUTLET 165.68 125101 02/13/2025 2275 POIRIER, ROBERT 140.00
125102 02/13/2025 2345 QUILL 163.15
125103 02/13/2025 2407 REGIONAL TAP SERVICE CENTER 405.80 125104 02/13/2025 2415 REPUBLIC MASTER CHEFS 521.88
125105 02/13/2025 2444 RIO HONDO COLLEGE 350.00
125106 02/13/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 324.79 125107 02/13/2025 2903 TRI-XECUTEX CORP 100.00
125108 02/13/2025 2926 TYLER TECHNOLOGIES INC. 18,650.99 125109 02/13/2025 2929 ULINE 169.96
125110 02/13/2025 2954 URBAN GRAFFITI ENTERPRISES INC 21,915.36 125111 02/13/2025 2966 V & V MANUFACTURING 275.63
125112 02/13/2025 3023 VULCAN MATERIALS COMPANY 4,911.11 125113 02/13/2025 3052 WATERLINE TECHNOLOGIES INC 520.14 125114 02/13/2025 3163 GENTRY BROTHERS INC 788,560.89
125115 02/13/2025 3185 TOSHIBA FINANCIAL SERVICES 2,840.41 125116 02/13/2025 3701 DEPARTMENT OF JUSTICE 147.00
125117 02/13/2025 3796 RICHARDS, WATSON & GERSHON 354.00 125118 02/13/2025 3837 SONSRAY MACHINERY LLC 2,423.44
125119 02/13/2025 3988 LANDSCAPE WAREHOUSE III 281.51
125120 02/13/2025 4077 INTERWEST CONSULTING GROUP INC 10,922.00 125121 02/13/2025 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,496.80 125122 02/13/2025 4209 ADLERHORST INTERNATIONAL 534.00
125123 02/13/2025 4249 H.Q. ENTERPRISES 109.02
125124 02/13/2025 4360 MOORE IACOFANO GOLTSMAN, INC. 8,907.50 125125 02/13/2025 4438 CALIFORNIA COMPUTER SCHOOLS, INC 75.00 125126 02/13/2025 4455 FRONTIER 10,221.91
125127 02/13/2025 4488 WILCOX SUPPLY INC 608.27
125128 02/13/2025 4564 NATIONAL UNION FIRE INSURANCE COMPANY 765.00 125129 02/13/2025 4583 HSG Campaigns, LLC 5,380.00
125130 02/13/2025 4704 S & J Supply Company, Inc. 33,215.14 125131 02/13/2025 4713 Fisher Integrated, Inc. 1,200.00 125132 02/13/2025 4764 UniFirst Corporation 633.05
125133 02/13/2025 4765 AMC Modern IT 2,754.05
125134 02/13/2025 4793 Goforth & Marti 17,246.95
125135 02/13/2025 4817 Weck Analytical Environmental Services, Inc. 529.00 125136 02/13/2025 4835 ABBA TERMITE & PEST CONTROL, INC 250.00 125137 02/13/2025 4900 G2 Wraps 2,500.00
125138 02/13/2025 4977 Enterprise FM Trust 5,983.54
Attachment A Page 4 of 5
CITY OF COVINA
Check Register
Jan 31, 2025 - Feb 13, 2025
Check # Check Date Vendor Name Amount
125139 02/13/2025 4996 Green Giant Landscape, Inc. 135,928.04 125140 02/13/2025 5011 Excel Office Services 633.00
125141 02/13/2025 5087 Tamrin Olden 3,500.00
125142 02/13/2025 5133 ADR Services, Inc. 425.00
125143 02/13/2025 5138 Ricoh USA, Inc. 299.63
125144 02/13/2025 5139 Crown Castle Fiber LLC 925.00
125145 02/13/2025 5221 GPS VEHICLE TRACKING SOLUTIONS 1,349.77 125146 02/13/2025 5269 CONTROL AIR ENTERPRISES LLC. 1,122.00 125147 02/13/2025 5283 Y TIRE PERFORMANCE 861.30
125148 02/13/2025 5291 AMAZON CAPITAL SERVICES, INC 482.30 125149 02/13/2025 5354 MALLORY SAFETY & SUPPLY LLC 2,114.60 125150 02/13/2025 5394 SIERRA PLUMBING & DRAIN CLEANING 375.00 125151 02/13/2025 5466 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS INC 10,839.04 125152 02/13/2025 5508 ROADLINE PRODUCTS INC USA 666.43 125153 02/13/2025 5517 BATTERY CONNECTION INC. 1,463.30 125154 02/13/2025 5521 COMPRESSOR DESIGN AND SERVICES INC 1,003.00 125155 02/13/2025 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 9,377.50 125156 02/13/2025 5537 CHEYNE BURRIS INC 1,651.88
125157 02/13/2025 5546 L.N. CURTIS & SONS 150.36
125158 02/13/2025 5553 SOUTHERN TIRE MART LLC 1,293.01
125159 02/13/2025 5573 GUARDIAN ALLIANCE TECHNOLOGIES, INC. 455.00 125160 02/13/2025 5577 Bear Electrical Solutions, LLC 19,864.35 125161 02/13/2025 5580 ROLLINS, INC 147.00
125162 02/13/2025 5607 ACLARA TECHNOLOGIES LLC 5,152.50 125163 02/13/2025 5617 DUNWRIGHT PAINTING 14,999.00
125164 02/13/2025 5620 AIR ON TIME CO 12,100.00
125165 02/13/2025 99999 ANDREW PRINCE 984.00
125166 02/13/2025 99999 NATALY LAZCANO 42.22
125167 02/13/2025 99999 SHIFERAW TEFERA 2,700.00
125168 02/13/2025 99999 VANESSA SANCHEZ ANDRADE 24.00
125169 02/13/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,626.69 125170 02/13/2025 69 AFSCME District Council 36 742.50
125171 02/13/2025 775 COVINA POLICE ASSOCIATION 3,000.00 125172 02/13/2025 878 DELTA DENTAL OF CALIFORNIA 9,456.55 125173 02/13/2025 1106 FRANCHISE TAX BOARD 100.00
125174 02/13/2025 3795 PRE-PAID LEGAL SERVICES, INC 155.48 125175 02/13/2025 3846 CLEA 1,136.00
125176 02/13/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,738.52 125177 02/13/2025 4710 Fidelity Security Life Insurance Company 1,022.30 125178 02/13/2025 5617 DUNWRIGHT PAINTING 7,499.00
125179 02/13/2025 5617 DUNWRIGHT PAINTING 7,500.00
subtotal checks $ 3,992,796.67
119892 01/31/2024 2091 O REILLY AUTO PARTS (88.23)
124939 01/30/2025 5617 DUNWRIGHT PAINTING (7,499.00)
125163 02/13/2025 5617 DUNWRIGHT PAINTING (14,999.00)
subtotal voids $ (22,586.23)
payroll (02/13/25) $ 1,088,731.43
payroll (//) $ -
workers' compensation $ 75,729.19
TOTAL checks/EFTs $5,288,928.79
Attachment A Page 5 of 5
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: March 4, 2025
Title: Accept Regional Park and Open Space District Grant Monies and Approve Re-allocation of Measure W and General Funds to Purchase Property at 319 E. Front Street Presented by: Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Recommendation: Adopt Resolution CC 2025-13 amending the FY 24-25 Capital Improvement Budget to accept and appropriate $840,145.36 in grant monies and allocate those funds, along with previously appropriated $260,000 in Measure W funds and $25,000 in General Funds, to purchase the property located at 319 E. Front Street for a future park access facility.
EXECUTIVE SUMMARY
Construction for the highly anticipated Covina Recreation Village Project, located at 640-680 N. Citrus Avenue, began in September 2024 and will become the City’s newest public recreation and library facility when completed. As proposed, the Covina Recreation Village will feature a vehicular/pedestrian entrance adjacent to the Covina Regional Metrolink Station to the West. The City has long desired to install an additional access facility in the form of a pedestrian bridge, linking the property in a centralized location across the existing railroad tracks and onto Front Street (within the City’s downtown F.A.I.R District), and has identified the property located at 319 E. Front Street as highly suitable for this task. It is envisioned that once developed, the access facility would include the following amenities in addition to a pedestrian bridge: public parking, ADA parking, stormwater capture and treatment facilities, a ‘pocket park’ inspired pathway connection between the pedestrian bridge and right of way, a ride-share designated pick up and drop off zone, bicycle racks, a bicycle repair station, trees where feasible, and public rest areas. The city is securing a 4-million-dollar federal appropriation to facilitate this task which may take several months to access. Recently, the city received a grant award from the Los Angeles County Regional Park and Open Space District (“RPOSD”) totaling $840,145.36 to be used to facilitate the land purchase. In addition, there was an identified $260,000 in available budget from Measure W-funded projects that may also be used to complete the purchase and associated soft costs. Resolution CC 2025-13 would enable the city to acquire the property as early as March 2025. This will also allow the 4-million-dollar appropriation, when accessed, to be used to develop the property.
BACKGROUND/DISCUSSION:
On January 21, 2025, Community Development staff brought to the City Council a resolution (Resolution CC 2025-009) authorizing the execution and delivery of a purchase and sale agreement and amending the FY 24-25 Capital Improvement Program Budget to facilitate the purchase of the property located at 319 E Front Street, valued at $1,045,000. At that time, the Council approved $35,000 in General Fund monies to begin the due diligence period for the purchase, consisting of a $25,000 deposit and a $1,000 per month holding fee (for up to ten months), while staff work to gain access to the 4-million-dollar federal appropriation from Congresswoman Grace Napolitano. The federal appropriation may be used for land acquisition, planning, and construction activities; however, the monies are anticipated to be transferred to the city towards the end of 2025.
Shortly after Council approval, on January 24, 2025, RPOSD informed the city of an intent to award $840,145.36 through a Land Acquisition Only competitive grant program. On February 5, 2025, the City entered into a grant agreement (pre-authorized under Resolution CC 2021-01), and a public awards ceremony was held on February 25, 2025. Upon review of Measure W guidelines, it was determined that real property acquisition, including soft costs such as fee title, leases, and easements, necessary to implement projects for funding are eligible. As
mentioned, the development of the access facility will include stormwater capture and treatment measures within the parcel (such as the design and installation of bioswales) and along the right of way. Staff will defer and transfer the available budget from the Measure W-funded portions of the Barranca Street Resurfacing Project and the Cienega Street Resurfacing Project in the amount of $200,000. Furthermore, staff will defer and transfer $60,000 from the Senior Center Bioswale – Design & Construction project to fund this new land acquisition. Resolution CC 2025-13 will appropriate funding and transfer funding in kind. As a result of this new opportunity, staff is recommending that the city council approve an amendment to the FY 24-25 Capital Improvement Program Budget transferring $260,000 in Measure W monies from the Barranca Avenue Resurfacing Project, Cienega Avenue Resurfacing Project, and the Senior Center Bioswale – Design & Construction to complete the purchase, a total of $179,854.64 (this amount is considered a portion of the grant’s required local match), and to account for commission and closing costs, in an amount not to exceed $80,145.36.
FISCAL IMPACT:
The adoption of Resolution CC 2025-13 will not affect the general budget other than what was already approved via Resolution CC 2025-009 in January. The purchase and soft costs are estimated at $1,125,145.36.
Table 1. Land Acquisition and Soft Costs Funding Sources Land Acquisition – Measure A Grant Award………………………….$ 840,145.36* Land Acquisition – General Fund (deposit)……………….……………$ 25,000.00 Land Acquisition – Measure W………………………………………. $ 179,854.64^ ___________________________________________________________________ Land Acquisition Total……………………………………………….$1,045,000.00
Soft Costs – Measure W………………………………………….… $ 80,145.36^
___________________________________________________________________ Grand Total………….………………………………………………$ 1,125,145.36
Table 2. Summary of Administrative Budgetary Transfer^
Note: This is for items noted with a (^) in Table 1
Account Number Account Title Original
Budget
Amended
Budget Note:
25103400-55010-P2513 Measure W – Park Facilities – Land – Project: Covina Recreation Village
$0 $260,000 Transfer Measure W line items.
Land Acquisition and Soft
Costs funds to be transferred
from Fund 2510 projects P2503,
P2507, and P2508
Table 3. Summary of Accounts and Appropriations proposed in Resolution CC 2025-13 Note: this is only for items noted with an (*) in Table 1. The $25,000 in General fund monies shown in Table 1 was approved on January 21, 2025, to be used for the initial deposit for the purchase.
Account Number Account Title Original
Budget
Amended
Budget Note:
46003400-42250-P2513 Parks CIP – Park Facilities – County Park Grants – Project: Covina
Recreation Village
$0 $840,145.36 Increase: Grant Reimbursement
Revenue Account
46003400-55010-P2513 Parks CIP – Park Facilities – Land – Project: Covina Recreation Village
$0 $840,145.36 Increase: Expenditure Account
– Land Purchase
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Exempt.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2025-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FY 24-25 CAPITAL IMPROVEMENT
BUDGET TO ACCEPT AND APPROPRIATE $840,145.36 IN GRANT
MONIES AND ALLOCATE THOSE FUNDS, ALONG WITH
PREVIOUSLY APPROPRIATED $260,000 IN MEASURE W FUNDS AND $25,000 IN GENERAL FUNDS, TO PURCHASE THE PROPERTY
LOCATED AT 319 E. FRONT STREET FOR A FUTURE PARK ACCESS
FACILITY
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Fiscal Year 2025 Operating Budget and Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinance of the City and all applicable statues of the State; and WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, On February 25th, 2025, the Los Angeles Department County Regional Park and Open Space District awarded the city $840,145.36 to be paid as reimbursement to purchase the described property to establish a future Covina Recreation Village access facility, consisting of but not limited to surface parking, a pedestrian bridge, and multi-modal amenities; and, WHEREAS, the City Council wishes to amend the 2024/2025 Capital Improvement Program Budget to establish project accounts and transfer budget allocations to facilitate the purchase of 319 E Front Street to establish a future Covina Recreation Village access facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2024-2025 Capital Improvement Program Budget as follows:
Account
Number Account Title Original Budget
Amended
Budget Action
46003400-
42250-P2513
Parks CIP – Park Facilities – County Park Grants
– Project: Covina Recreation Village
$0 $840,145.36 Increase: Grant Reimbursement
Account
46003400-
55010-P2513
Parks CIP – Park Facilities – Land – Project:
Covina Recreation Village
$0 $840,145.36 Increase: Expenditure Account –
Land Purchase
Resolution CC 2025-13 Page 2 of 2
SECTION 2. The City Council hereby approves the use of Measure W funds totaling $179,854.64 and General Fund monies totaling $25,000 be used towards the local match requirement of the RPOSD Land Acquisition Grant, and additional funding totaling $80,145.36 in Measure W funding to be used towards soft costs for the land acquisition. The account creation and budgetary transfer of Measure W funding to be completed administratively.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED and PASSED this 4
th day of March, 2025
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-13 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of March, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
BOARD OF DIRECTORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
Director
NORMA E. GARCÍA-GONZÁLEZ
District Administrator
CHRISTINA ANGELES, ESQ.
Assistant District Administrator
MARK GLASSOCK
1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected] January 24, 2025
Lisa Evans
Director of Parks and Recreation
City of Covina
125 E College Street
Covina CA 91723
Dear Ms. Evans,
MEASURE A ACQUISITION GRANT AWARD – COVINA RECREATION VILLAGE CONNECTIVITY PROJECT On behalf of the Los Angeles County Regional Park and Open Space District (RPOSD), congratulations on receiving a Measure A Acquisition Grant. This highly competitive funding represents a significant investment in the future of your community. RPOSD is excited to partner with you on this transformative project. As a reminder, please keep the award confidential until RPOSD makes a public announcement in February.
As you proceed with your project, we want to highlight key requirements and obligations included in your grant agreement:
1. Deed Restriction: At close of escrow, a deed restriction must be recorded on the acquired property’s title, ensuring its compliance with the provisions of Measure A and the terms of the grant agreement, in perpetuity.
2. Public Access Requirements: The project must be open to the public and serve a park, recreational, and/or open space use. Further, the project must be open and accessible without discrimination as to race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence. Events or access to the project, for only certain individuals, are not permissible. Fees must not differentiate between members of the public, and policies such as early registration for only certain groups are not permitted.
3. Time is of the Essence: Funding for this project was awarded on a competitive basis. We expect all grantees to move forward with acquiring properties as set forth in their grant applications.
ATTACHMENT B
City of Covina
January 24, 2025
1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected] Your work serves a vital role in advancing park equity and delivering green spaces to communities that need them most. RPOSD is here to support you as you implement your project. Please do not hesitate to reach out with any questions or for further clarification on the grant requirements.
Once again, congratulations on your award! We look forward to seeing the incredible impact of your efforts.
Sincerely,
Mark Glassock
Assistant District Administrator
ATTACHMENT C
Mark Glassock (Feb 4, 2025 10:50 PST)
02/04/2025
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Concept Board
319 E Front Street Site Acquisition
Pedestrian Bridge with Elevator (Bike, Wheelchair) and Staircase Pedestrian path connecting ROW to Bridge. Includes Bike parking and repair station Designated ride share pick up and drop off. Includes the City’s free microtransit program pocket park feel to connect with park on north side of
bridge
Add shrubs/butterfly appropriate plantings
Include shade trees where feasible. Photo is Lacy Park in Pasadena Create parking/ADA parking while also prioritizing walking/biking/shared transit
Water Capture LID on ROW
ATTACHMENT D
OPTION 3
Front Street Parklet
City of Covina
Five Point Design
Pedestrian bridge connection
Bike lockers (long term)
Bike rack (short term)
Native planting for pollinators
Permeable pavers
Transit drop-off
(two vehicles at one time)
Bench seating
Native hedgerow for screening
and biodiversity
One-way traffi c
Parking lot trees to reduce heat
island effect
Expanded parkway for biowales
and infi ltration
Pedestrian sidewalk
ATTACHMENT E
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: March 4, 2025
Title: Repairs for Police Department HVAC System
Presented by: Ric Walczak, Chief of Police
Recommendation: 1. Approve repair proposal from Control Air Enterprises;
2. Adopt Resolution CC 2025-18 appropriating $71,127 from the general fund for the repairs to the police station HVAC system; and
3. Waive all bid requirements.
EXECUTIVE SUMMARY:
The police station HVAC systems has experienced problems in the last several weeks related to inconsistent cooling and heating of offices and work areas. The police station is a 24-hour facility which requires reliable and consistent climate control for employee comfort. The department is requesting approval of proposed repairs totaling up to $71,127 and provide funding for said repairs.
DISCUSSION:
The City of Covina utilizes the Control Air Enterprises and its subsidiaries to provide regular maintenance service for City facilities including the Covina police station. Control Air recommends repairs to the two airconditioning/heating units that serve the entire police station. Units 1 & 2 requires replacement of controllers, sensors and variable air volume ducts as well as programing to fix the inconsistent temperatures in several work areas. Unit 2 two requires replacement of two compressors, two driers and two contactors as well as refrigerant.
It also needs a fan motor and blades. These repairs are needed to get both units fully operational. In total, these items will cost $71,127 which is not budgeted in the current FY2024-25 police department budget as these are unexpected repairs for a system that is over 10 years old and operates 24 hours a day. Staff solicited alternative cost estimates/bids from other HVAC companies to seek competitive pricing. The two companies that were contacted, Air-On-Time and Agility Air, did visit the police station and evaluated the HVAC system and were made aware of the problem areas needing attention. However, both companies were either uninterested or unresponsive in submitting a proposal.
It is requested that the City Council consider waiving competitive bid requirements per Municipal Code 2.20.080 Sections B. This section states that non-competitive proposals may be made only when at least one of the following circumstances applies: 1) The supply, service or equipment is available from only one source; 2) The public exigency or emergency for the supply, service or equipment will not permit a delay resulting from competitive solicitation; and 3) After solicitation of a number of sources, competition is determined inadequate.
Section B2 and B3 applies in this situation. The department would like to expedite the purchase of these repair services and get the units working properly for the sake of employee comfort and safety. In addition, Control Air knows the HVAC system intimately and is better positioned to successfully make the repairs.
FISCAL IMPACT:
The Police Department is requesting $71,127 from the general fund balance to pay for these repairs since these are new and unforeseen repair items that are urgently needed. This will increase the police department’s FY 2024- 25 budget by $71,127 under 1010-1000-55100 Building and Structures.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
PROPOSAL FOR SERVICES:
RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers COMPANY: CITY OF COVINA - POLICE DEPARTMENT
PROJECT: RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers PROJECT LOCATION: 444 N CITRUS, COVINA, CA 91723
Control Air is pleased to present the attached proposal of service for RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers at 444 N CITRUS.
While technician was on site performing a service call he found circuit 2 that has compressor 3, and 4 grounded. Technician recommends replacing (2) compressors, (2) driers, (2) contactors and 44 lbs of r410A refrigerant. A crane will also be used for this repair. Your unit is currently down and these repairs are necessary to get your unit operational.
Per date of this proposal parts are 1 day out.
If you have any questions please feel free to reach out.
Thank you,
Kacey Hurt
Sales Executive
[email protected]
714.777.6111
ATTACHMENT A
SCOPE OF WORK
The following is the Scope of Work RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers SCOPE OF WORK: 48A3D040-Q-62AHH / RTU MZ-2
• Pick up material and report to job site.
• Gain access to unit and safe off electrical.
• Recover existing refrigerant charge.
• Remove existing contactor, compressors, and filter driers. • Supply and install two (2) new OEM filter driers.
• Supply and install two(2) new OEM contactors.
• Supply and install two (2) new OEM compressors.
• Charge unit with new refrigerant.
• Start up, test and verify operations.
• Clean up any debris caused by this scope.
BASIS OF PRICING
• All work will be performed during regular working hours and on normal workdays, as outlined in the respective trade union agreements.
• We have included a one (1) year warranty on all new equipment, new materials and associated labor for newly installed systems from the date of final acceptance.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
2
PROJECT SUMMARY & PRICING
CUSTOMER: CITY OF COVINA - POLICE DEPARTMENT
PROJECT: RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers PROJECT LOCATION: 444 N CITRUS, COVINA, CA 91723
TOTAL PROJECT PRICING: $22,630.00
PRICING QUALIFICATION:
• Please see the below terms and conditions for pricing basis • Please see the below list of exclusions for pricing basis PROPOSAL LIFE: This proposal is valid for 30 days as of January 3, 2025.
CUSTOMER ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
CONTROL AIR ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
3
The below outlines the TERMS & CONDITIONS RTU - 2 - Circuit # 2 - Replace Compressors, Contactors, and Filter Driers
• All work covered by this Agreement shall be performed during normal business hours, unless otherwise stated herein. Control Air shall be allowed sufficient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.
• Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.
• Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.
• Control Air will provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first beneficial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.
• Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liability shall be limited to the warranties set forth herein.
• Control Air shall not be responsible for the corrosive or erosive action of liquids and/or gases upon the specified equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties. • This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.
• Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.
• Control Air shall not be bound by any plans, specifications, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
4
regulations not in effect at the time this Agreement is executed, or which have become obsolete because they are no longer enforced by the public body enacting same. • Control Air shall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work. • If any of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.
• Control Air will not perform any extra work, i.e., work not specifically identified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.
• All invoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month will apply until such time as payment is made. • A 3% processing fee will be added for payment made by credit card • Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within five (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged deficiency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder. • In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. In the event that Control Air suspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.
• Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
5
• Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated otherwise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4. • Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, flood, windstorm, riot or civil commotion shall be covered by Customers insurance.
• Control Air shall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.
• In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and specifications or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another. • Except as otherwise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
6
PROPOSAL FOR SERVICES:
RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for COMPANY: CITY OF COVINA - POLICE DEPARTMENT
PROJECT: RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for fan motor # 2 and contactor.
PROJECT LOCATION: 444 N CITRUS, COVINA, CA 91723
Control Air is pleased to present the attached proposal of service for RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for fan motor # 2 and contactor. at 444 N CITRUS.
While technician was on site performing service he found outdoor fan is grounded.
Technician recommends to replace outdoor fan motor, blade, wire harness for fan motor # 2 and contactor.
Per date of this proposal parts are 4 weeks out.
If you have any questions please feel free to reach out.
Kacey Hurt
Sales Executive
[email protected]
714.777.6111
ATTACHMENT B
SCOPE OF WORK
The following is the Scope of Work for your RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for fan motor # 2 and contactor.
SCOPE OF WORK: 48A3D040-Q62AHH / RTU MZ-2
• Pick up materials and report to job site.
• Gain access to unit and safe off electrical.
• Remove existing outdoor fan motor, wiring harness for fan # 2, fan blade, and contactor. • Supply and install one (1) new OEM outdoor fan motor. • Supply and install one (1) new OEM fan blade.
• Supply and install one (1) new contactor.
• Supply and Install (1) One wiring harness for fan # 2. • Start up and verify proper operations.
• Clean debris caused by this scope of work.
BASIS OF PRICING
• All work will be performed during regular working hours and on normal workdays, as outlined in the respective trade union agreements.
• We have included a one (1) year warranty on all new equipment, new materials and associated labor for newly installed systems from the date of final acceptance.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
2
PROJECT SUMMARY & PRICING
CUSTOMER: CITY OF COVINA - POLICE DEPARTMENT
PROJECT: RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for fan motor # 2 and contactor.
PROJECT LOCATION: 444 N CITRUS, COVINA, CA 91723
TOTAL PROJECT PRICING: $3,026.00
PRICING QUALIFICATION:
• Please see the below terms and conditions for pricing basis • Please see the below list of exclusions for pricing basis PROPOSAL LIFE: This proposal is valid for 30 days as of January 8, 2025.
CUSTOMER ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
CONTROL AIR ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
3
The below outlines the TERMS & CONDITIONS for your RTU MZ-2 Replace Outdoor fan motor, Fan Blade, Wire harness for fan motor # 2 and contactor..
• All work covered by this Agreement shall be performed during normal business hours, unless otherwise stated herein. Control Air shall be allowed sufficient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.
• Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.
• Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.
• Control Air will provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first beneficial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.
• Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liability shall be limited to the warranties set forth herein.
• Control Air shall not be responsible for the corrosive or erosive action of liquids and/or gases upon the specified equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties. • This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.
• Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.
• Control Air shall not be bound by any plans, specifications, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
4
regulations not in effect at the time this Agreement is executed, or which have become obsolete because they are no longer enforced by the public body enacting same. • Control Air shall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work. • If any of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.
• Control Air will not perform any extra work, i.e., work not specifically identified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.
• All invoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month will apply until such time as payment is made. • A 3% processing fee will be added for payment made by credit card • Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within five (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged deficiency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder. • In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. In the event that Control Air suspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.
• Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
5
• Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated otherwise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4. • Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, flood, windstorm, riot or civil commotion shall be covered by Customers insurance.
• Control Air shall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.
• In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and specifications or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another. • Except as otherwise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
6
Control Air Enterprises, LLC
Air Conditioning Control Systems Division
5200 E. La Palma Ave., Anaheim, CA. 92807 (714) 779-8111 DIR#PW-LR-1000379532, License. # 1053402
DDC Controls Proposal
Prepared For:
Raymond Navera
Covina Police Department
Date: 01/16/2025
Proposal Number: S3-1614-23 rev1
Job Name:
Covina PD - VAV Changeout
444 N. Citrus Ave
Covina CA 91723
ACCS is pleased to submit this proposal to furnish the ACCS ALC Building Automation System (BAS) which will provide control, monitoring, and alarming connections to the mechanical equipment as proposed herein.
This proposal has been developed from the following documentation that also incorporates the clarifications identified:
• Customer Request
The following is ACCS’s scope of work:
1. Field Installed VAV Box Controls cooling only (Typ. of 15):
• Furnish and install ALC DDC terminal controller at VAV box:
a) ALC Programmable DDC controller
b) Re-use wall stub, low voltage wire & airflow poly tubing c) Room sensor with
1. Setpoint adjust
2. Push-button override
3. Comm. jack
4. CO2 per original controls
This Scope of Work will be executed based on ACCS’s scope of work proposed herein, which is a qualified proposal with plans and/or specifications, and adheres to ACCS “Standard General Inclusions, Exclusions & Clarifications” only; any other document and/or contract will not bind and/or supersede these conditions. The scope of work has been developed with the contractor/customer directly and represents the complete scope as understood by ACCS.
General Inclusions:
a) Provide programming, startup, and checkout for ALC DDC Controls. b) Furnish and install low voltage conduit and wire for the ALC control system. All wiring in concealed but accessible locations is to be run “free-air” using plenum cable. c) Provide operators maintenance and repair manuals and “as-built” drawings. d) 1-year warranty.
Clarifications:
a) 120VAC and higher power and control wiring by Electrical contractor. b) All low voltage wire to be installed open plenum concealed c) All work to be done during normal business hours (Mon. – Fri., 6 am– 4 pm). d) All OCIP or contractor furnished insurance deducts are reflected in our pricing.
ATTACHMENT C
W Covina PD - VAV Changeout
e) Access doors by others.
f) No BIM modeling labor or support included.
g) If ACCS’ proposal is not based on full, updated, and accurate drawings and design information, the proposal is subject to change upon receipt, review, and consideration of the project plans. Furthermore, ACCS may withdraw this proposal at any time before your execution and return of same. Therefore, the contractor should not rely on this proposal until it is fully executed and based on complete plans. h) Excludes all controls, equipment, or labor not specifically listed in the above scope of work. DDC points must be referred to in sequences of operation, via point lists, and shown on control schematics. i) Our standard General Liability Insurance offers an aggregate total of $2,000,000.00. Any changes in the coverage of indemnification will be at additional cost and formal consent of our insurance carrier; Control Air’s liability in all cases shall be limited to the policy limits of the applicable coverage.
Exclusions:
a) Furnishing, monitoring, or installation of any fire/smoke dampers, duct smoke detectors, associated shutdown wiring, power wiring, and fire life safety wiring.
b) 120VAC and higher power, control wiring, and conduit c) Dampers of any type.
d) TAB and/or TAB Support.
e) Owner Training.
f) Installation of valve bodies, wells, pressure taps, flow-switches, and other in-line devices. g) Furnishing or installation of interface/gateway modules, GBAS, or translators required by equipment manufacturer(s) for interfacing to the Automated Logic system. h) Cutting, patching, and painting.
i) Instrument factory and/or field calibration certification or validation. j) Technical labor required for LEED commissioning & third-party commissioning. k) Liquidated or Consequential Damages.
l) All controls, equipment, or labor not specifically listed in the above scope of work. m) This proposal, together with any documents which may be attached hereto and/or incorporated by specific reference, constitutes the entire agreement between the parties. n) ACCS assumes no responsibility for any existing equipment or systems operations or performance regardless of whether our scope of work relocates, modifies, or connects to these existing devices or systems. o) No warranty is expressed or implied by ACCS for any reused or relocated equipment. p) ACCS’ liability under this proposal is limited to the sum paid to ACCS for work/materials hereunder. q) We do not include any cost related to the presence of asbestos or other hazardous materials; should asbestos or other hazardous material be encountered; work will immediately cease until the condition is abated.
Our price for the scope of work as described above…………………... $ 27,846.00 Our proposal and pricing are valid for 60 days from the date of this proposal and could be subject to adjustment beyond this period.
The customer’s signature on this proposal authorizes ACCS to proceed as outlined above and constitutes an agreement to accept responsibility for payment for work performed Customer Signature: Date: _______________________
Thank you for allowing ACCS to be of service to you. Please call if you have any questions.
Kevin Kraemer
Kevin Kraemer
Service Business Development Manager
| Air Conditioning Control Systems (ACCS)
Address: 5200 E La Palma Ave Anaheim, CA 92807
Mobile: 714-875-2002
Email: [email protected]
Website: www.accsusa.com
PROPOSAL FOR SERVICES:
AC # 1 + 2 - Replace Dampers
COMPANY: CITY OF COVINA - POLICE DEPARTMENT
BILLING ADDRESS: 534 N BARRANCA AVE, COVINA, CA 91723
PROJECT: AC # 1 + 2 - Replace Dampers
I am pleased to submit the proposal for the replacement of 8 damper fins on AC1 and 7 damper fins on AC2 located at the Covina PD in Covina CA.
During a recent service visit to address a cold call, our technician discovered that several air dampers were either frozen in place or completely broken. To restore this unit to its intended operation, we need to replace all the dampers listed below. We believe that this failure is the reason the compressor was compromised and ultimately failed.
The lead time for these materials are roughly 2 days out upon ordering the materials. Then, we will schedule for installs shortly after.
Feel free to reach out with any questions.
Thank you,
Kacey Hurt
Sales Executive
[email protected]
714.777.6111
ATTACHMENT D
SCOPE OF WORK
The following is the Scope of Work for your AC # 1 + 2 - Replace Dampers SCOPE OF WORK: CONTROL DAMPERS
• Pick up materials and report to job site .
• Gain access to unit
• Lock out tag out unit for safe work environment.
• Disconnect actuators from the damper fins.
• Remove failed Control Dampers from AC 1 and AC 2. Dispose of them in the trash dumpster onsite
• Supply and install 8 Control Dampers on AC 1 and 7 Control Dampers on AC 2 • Reconnect actuators to newly installed damper fins
• Perform start up and verify proper operations.
• Clean up and remove any debris caused by scope.
BASIS OF PRICING
• All work will be performed during regular working hours and on normal workdays, as outlined in the respective trade union agreements.
• We have included a one (1) year warranty on all new equipment, new materials and associated labor for newly installed systems from the date of final acceptance.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
2
PROJECT SUMMARY & PRICING
CUSTOMER: CITY OF COVINA - POLICE DEPARTMENT
PROJECT: AC # 1 + 2 - Replace Dampers
TOTAL PROJECT PRICING: $17,625.00
PRICING QUALIFICATION:
• Please see the below terms and conditions for pricing basis • Please see the below list of exclusions for pricing basis PROPOSAL LIFE: This proposal is valid for 30 days as of January 16, 2025.
CUSTOMER ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
CONTROL AIR ACCEPTANCE:
SIGNATURE
PRINTED NAME
TITLE
DATE
By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
3
The below outlines the TERMS & CONDITIONS for your AC # 1 + 2 - Replace Dampers. • All work covered by this Agreement shall be performed during normal business hours, unless otherwise stated herein. Control Air shall be allowed sufficient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.
• Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.
• Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.
• Control Air will provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first beneficial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.
• Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liability shall be limited to the warranties set forth herein.
• Control Air shall not be responsible for the corrosive or erosive action of liquids and/or gases upon the specified equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties. • This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.
• Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.
• Control Air shall not be bound by any plans, specifications, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or regulations not in effect at the time this Agreement is executed, or which have become Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
4
obsolete because they are no longer enforced by the public body enacting same. • Control Air shall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work. • If any of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.
• Control Air will not perform any extra work, i.e., work not specifically identified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.
• All invoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month will apply until such time as payment is made. • A 3% processing fee will be added for payment made by credit card • Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within five (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged deficiency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder. • In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. In the event that Control Air suspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.
• Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
5
• Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated otherwise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4. • Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, flood, windstorm, riot or civil commotion shall be covered by Customers insurance.
• Control Air shall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.
• In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and specifications or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another. • Except as otherwise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project.
Full Mechanical Contracting
CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111
PROPRIETARY AND CONFIDENTIAL
6
ATTACHMENT E
RESOLUTION CC 2025-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO APPROPRIATE $71,127 AND TO INCREASE THE
POLICE DEPARTMENT BUDGET FY 2024-25 BUDGET EXPENDITURE
BY THE SAME AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City of Covina shall transfer $71,127 from the general fund balance to purchase repair service for the police station HVAC system; and WHEREAS, appropriating this amount will increase the police department expenditure account for FY 2024-25 by $71,127.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2024-2025 Building and Structures budget as follows:
Account Number Account Title Original Budget Increase
1010 1000 55100 Building and Structures - $ 71,127.00
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 4
th day of March, 2025.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
Resolution CC 2025-18 Page 2 of 2
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-18 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of March, 2025, by the following vote:
AYES: COUNCIL MEMBERS: NONE
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: March 4, 2025
Title: Professional Design Services Related to Front Street (FAIR Segment) and Future Park Access Facility at 319 E. Front Street
Presented by: Brian K. Lee, Deputy City Manager/Director of Community Development Rafael Fajardo, Director of Public Works/City Engineer
Recommendation: Adopt Resolution CC 2025-16 to amend the 2024-2025 FY Operating Budget appropriating $74,000 in general fund monies and approve professional services agreements for Elie Farah (Civil Engineering) and Five Point Design (Landscape Architecture) for professional design services related to the Front Street (FAIR) and Future Park Access Facility.
EXECUTIVE SUMMARY:
The City continues to actively pursue grant funding opportunities for various capital improvement projects throughout the community. Such grant awards help the City to leverage limited local funds against external funding sources to expedite project delivery and enhance public infrastructure. Relating to these efforts, the City recently received notifications of grant awards in the amount of $840 thousand from the Los Angeles County Regional Open Space District and $790 thousand from the Southern California Association of Governments to move forward with public improvements and connectivity enhancements in the FAIR District and Covina Recreation Village, which is currently under construction. As such, it is recommended that the Council consider adopting Resolution CC 2025-16 to initiate professional design services for these improvements.
DISCUSSION
The City recently received two (2) notifications of grant award funding to be used towards a proposed future park and regional rail access facility, connecting the downtown F.A.I.R. (Food, Arts, Industrial, Residential) District to the highly anticipated Covina Recreation Village and Covina Regional Metrolink Train Station.
First, on February 25, 2025, the Los Angeles County Regional Open Space District held an awards ceremony to award the City $840,145.36 for site acquisition of the property located at 319 E. Front Street (site acquisition is currently in progress).
Additionally, on January 27, 2025, the Southern California Association of Governments, or “SCAG” notified city staff that the grant application for the “Covina Town Center Bicycle/Pedestrian Safety and Connectivity (Gap Closure) Quick-Build Roadway Project” (“Covina Quick-Build ATP”) was selected for an award of $790,000.
Quick Build projects refer to a type of capital improvement that requires minimal or minor construction activities and immediately implements safety needs. Quick build projects are also flexible, in that treatments can be removed, altered, or modified based on community feedback and information collected. Some examples include bicycle lane striping, crosswalk additions or enhancements, wayfinding signs, or the addition of potted vegetation/shade trees on sidewalks. Some elements of quick-build projects may be temporary, such as temporary curb extensions or delineators while others can have a longer lifespan such as bike lanes, crosswalk demarcations, or wayfinding signs.
As proposed, professional design services will include civil engineering, hydrology, traffic engineering, a geotechnical study, landscape design and electrical engineering services as follows:
Elie Farah – Civil Engineering (319 E Front Street and Front Street ROW; Fee $36,500
1. Grading and drainage plan
2. Erosion control and BMP plans
3. Low Impact Development/Hydrology Report
4. Cost Estimate
5. Right of way Improvements
6. All Way stop warrants at three locations on Front Street
7. Geotechnical report
8. Soils report
Five Point Design – Landscape Design (319 E Front Street; Fee $28,900
1. Schematic Design
2. Design development (material recommendations, site amenities)
3. Preparation of construction documentation/plans
CEJ Engineers – Electrical Engineering Services for Front Street ROW; Fee $8,600
1. Field Measurements & Layout of existing improvements and location of underground utilities
2. Preparation of street light and underground plans (full construction set).
3. Engineers estimate (cost estimate)
The above professional design services may take between six to eight weeks to complete.
Additional Considerations
City staff will be meeting with Los Angeles County Metro (LA Metro) personnel to discuss the eligibility of these improvements under their Technical Assistance Program (Metro TAP) in March.
FISCAL IMPACT:
The proposed Resolution CC 2025-16 would utilize general funds, allocating $74,000 from existing fund balance.
Account Number Account Title Original Budget Amended Budget 1010-4000-51005-P2513 Community Development Admin Consulting, Project P2513
$0 $74,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
With respect to design services for the property located at 319 E Front Street (APN: 8430-018-004), staff finds that the activities are exempt from CEQA per Section 15061 (b)(3). The project is covered by the general rule that CEQA only applies to projects that have the potential to cause a significant effect on the environment. A separate CEQA review will be conducted before requesting approval for project construction. In addition, staff will acquire services from a pre-approved CEQA consultant to conduct a separate CEQA and NEPA (National Environmental Policy Act) analysis for the proposed pedestrian bridge. The proposed design services on the property only include public parking, a pocket park designation, and stormwater capture elements and does not include design or structural planning for a pedestrian bridge.
With regard to right-of-way design services for the Front Street right-of-way between Citrus Avenue and Barranca Avenue, staff finds the activities are categorically exempt from CEQA Guidelines Section 15301, 15302, and 15304. This exemption includes 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. Furthermore, staff finds the project statutorily exempt from CEQA per section 21080.25 (b) (1) & (2) which is related to the projects involving pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities in the public right-of-way, and projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way. The
professional designs for the Front Street corridor may include additional stop signs, crosswalks, and/or bicycle facilities which aim to improve pedestrian and bicycle connectivity and safety.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2025-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FY 24-25 OPERATING BUDGET TO
APPROPRIATE $74,000 IN GENERAL FUND MONIES FOR
PROFESSIONAL DESIGN SERVICES FOR A PARK ACCESS FACILITY (319 FRONT STREET; APN: 8430-018-004) AND FRONT STREET RIGHT OF WAY (R.O.W.) IMPROVEMENTS BETWEEN CITRUS AVENUE AND
BARRANCA AVENUE (F.A.I.R. DISTRICT)
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Fiscal Year 2025 Operating Budget was approved on June 4, 2024; and, WHEREAS, the approved Operating Budget is in accordance with all applicable ordinance of the City and all applicable statutes of the State; and WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, The City recently received award notifications for the following city-initiated developments: 1) A park access facility at 319 E Front Street (FY23 Federal Appropriation & RPOSD Land Acquisition only grant), and 2) A notification from SCAG for recommendation of funding to the City of Covina to be used towards the design, installation, and monitoring of active transportation and safety “quick-build” features in the City’s downtown areas; and WHEREAS, to maximize the cost-effectiveness of the grants mentioned above, the City finds it necessary to initiate professional design processes for these locations and amend the 2024/2025 Operating Budget to facilitate the necessary tasks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2024-2025 Fiscal Year Operating Budget as follows:
Account Number Account Title Original
Budget
Amended
Budget
1010-4000-51005-
P2513
Community Development Admin
Consulting, Project P2513
$0 $74,000
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
Resolution CC 2025-16 Page 2 of 2
APPROVED and PASSED this 4
th day of March, 2025
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-16 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4th day of March, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 February 20, 2025
CITY OF COVINA
Brian Lee
125 East College Street
Covina, CA 91723
SUBJECT: PROPOSAL FOR PROFESSIONAL ELECTRICAL ENGINEERING SERVICES
FOR FRONT STREET LIGHTING
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.
Our key personnel have more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.
The CEJ team will provide services for the aspects required for this project as per the scope of work.
The following Exhibits are enclosed:
Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.
Respectfully Submitted,
Joaquin Cervantes, P.E.
Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789
Attachment B
Front Street – Street Lighting Improvement Plans
Pg. 2
Scope of Work
The following tasks will give a detailed description of the professional services included in this Scope of Work and our Project Approach.
Project Management
The team management and close coordination with all parties involved in the project is critical to the successful completion of any project. CEJ takes pride in the high level of service we provide to our clients. Three key elements to successful project management include a Project Kick-off Meeting, and Project meetings.
Project Understanding
The city proposed to install a new street light along Front street parklet project. The following describes the scope of work:
Construction Plans
Task 1- FIELD MEASUREMENTS
1.1 Perform field measurement for the improvements as shown above for the subject project. CEJ will conduct field measurements as necessary to produce a 1”=20’ +-scale digital map.
1.2 The map will show all existing conditions, will identify all features including the following:
a. Layout of existing improvements.
b. Location of underground utilities
Task 2 – STREET LIGHT PLANS (PS&E)
CEJ will prepare street light and underground plans. Construction plans components will include the following:
• Title Sheet and Location Map.
• Street Light Improvement Plans.
• Details
CEJ will provide clear, concise, and complete drawings with Latest version of AutoCAD. The design will be plotted using permanent drafting ink on Mylar, and drafted on twenty-four inch by thirty-six inch (24”x36”) Mylar sheets. The plans will be prepared under the supervision of a Civil Engineer registered in the state of California who will sign the final plans. The original drawings and the electronic data of these drawings will be submitted to the City, along with a CD in AutoCAD format upon completion.
Task 3- ENGINEERS ESTIMATE
CEJ will prepare and submit a final construction cost estimate. Preliminary construction estimates will be updated monthly and will be submitted to the city as design work progresses. CEJ will prepare a final
Front Street – Street Lighting Improvement Plans
Pg. 3
detailed engineer's estimate prepared in Microsoft Excel spreadsheet format that includes the bid items described within the contract specifications. The estimate will be based upon recent bid prices for similar projects as maintained by CEJ. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request.
CEJ will address all comments and obtain final design approval from the City of Covina.
Project Submittals
Each sheet of plans will include the City of Covina title blocks and shall bear the professional seal, certificate number, registration classification, and expiration date of the professional responsible for their preparation.
The signature of the responsible shall include on final submittals. Review submittals will be half size (11” x 17”); five copies. An electronic copy (PDF format) will also be required. 90% and 100% Final submittals.
100% Final Submittal Material will include the following item:
• Final Contract Plan Submittal – On Mylar and stamped by the Engineer Final plans, specifications, and estimates will be provided on “D” size Mylar, three sets of copy’s and in electronic format to the City on a CD and PDF version.
Proposed Fee
Proposed fee to not exceed $8,600.00
ATTACHMENT C
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 4, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”), and Elie Farah, Inc., a California corporation ], (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide professional civil engineering services noted 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 June 31, 2025 unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total not-to-exceed Thirty Six Thousand Five Hundred Dollars ($36,500) (the “maximum compensation”), as 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.
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 Elie Farah, Principal Engineer (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. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.
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 actualservices 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.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services
under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its
elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2).
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts Not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two
Million Dollars ($1,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in
coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine
and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Daniella Andrade Attn: Elie Farah, CFO/Secretary
Community Development Elie Farah, Inc.
City of Covina 1593 Liberty Drive
125 E. College Street| Corona, CA 92881
Covina, California 91723 [email protected]
[email protected] 951-898-0772
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for
employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, B, and C constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
Elie Farah, Inc.
a California corporation
By:
Name: Elie Farah
Title: CFO/Secretary
By:
Name: Lisa Farah
Title: CEO
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE
EXHIBIT B
SCOPE OF SERVICES
EXHIBIT C
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
ATTACHMENT D
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 4, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”), and Five Point Design, a Sole Proprietor (“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 a Consultant as an independent contractor to perform professional landscape design services noted in Exhibit A for the property located at 319 E Front Street in Covina (APN: 8430-018-004).
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement. 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 June 30, 2027
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of Twenty-Nine Thousand Eight Hundred Dollars ($29,800.00) (the “maximum compensation”), as 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.
A. 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 A. 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 Jaime Yamashita, RLA (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
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 Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver
any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013,
as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or
relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or
employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees.
4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any
premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of four (4) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Daniella Andrade Jaime Yamashita, RLA
City of Covina Five Point Design
125 E. College Street| 510 S Normandie Avenue, #108
Covina, California 91723 Los Angeles, CA 90020
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under
this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibit A constitutes a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
Consultant:
Five Point Design,
A Sole Proprietor
By:
Name: Jaime Yamashita, RLA
Title: Primary Landscape Architect
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED SCOPE AND FEE SCHEDULE
Attachment E: Location of Front Street (FAIR District) Segment and 319 E Front Street 319 E Front Street; In process of being obtained by the City for a future Park Access Facility. Proposal to authorize professional civil engineering services and professional landscape design services for the design of the site including but not limited to landscaping, parking lot/striping, grading plan, erosion control and BMP plans, and percolation/soils report. Does not include the design of the proposed pedestrian bridge.
Front Streetsegment between North Citrus Avenue and North Barranca Avenue. Proposal to authorize professional engineering services including but not limited to construction documents for right-of-way improvements, including angled parking and a ride share pick up drop off curb inlet at 319 E Front Street, all way stop warrants at three locations on front street: Howard, First Street, and Second avenue. As noted in the staff report, the city expects to accept a SCAG grant award to install quick-build features in downtown Covina, which includes front street. Quick build components may consist of bike lane/sharrow paint, enhanced/high visibility cross walks, stop signs, and more.
Front StreetSecond Avenue
Attachment F: Design services boundaries within a contextual overlay map ‘
&y
Subject Area noted in Attachment E
Covina Recreation Village – Site is currently under construction to become a new City Park/Recreation Center/Library/Public Plaza Future Pedestrian Bridge – Proposed bridge to serve as park access and Metrolink train access facility. City staff currently working to unlock federal appropriation dollars for the planning/design and construction of the bridge. City also accepted an award offer from the Los Angeles County Regional and Open Space District (RPOSD) for site acquisition.
CTCSP FAIR District - Geographic boundaries of the City’s Food, Arts, Industrial, and Residential (F.A.I.R) / Transit Oriented District within the city’s downtown-specific plan (CTCSP). The proposed design professional services are entirely within the bounds of the FAIR District. The City recently received a notice of intent to award from SCAG for a quick build project in the city’s downtown, which includes Front Street.
Covina Metrolink Train Station
OPTION 3
Front Street Parklet
City of Covina
Five Point Design
Pedestrian bridge connection
Bike lockers (long term)
Bike rack (short term)
Native planting for pollinators
Permeable pavers
Transit drop-off
(two vehicles at one time)
Bench seating
Native hedgerow for screening
and biodiversity
One-way traffi c
Parking lot trees to reduce heat
island effect
Expanded parkway for biowales
and infi ltration
Pedestrian sidewalk
ATTACHMENT F
ATTACHMENT G
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: March 4, 2025
Title: Resolution CC 2025-14 Approval and Recordation of Tract No. 84311 – Zest 2.0 Located at 747 N. Barranca Avenue
Presented by: Rafael Fajardo, Director of Public Works/City Engineer Recommendation: 1. Adopt Resolution CC 2025-14 approving the recordation of Tract No. 84311 - Zest 2.0 located at 747 N. Barranca Avenue; and
2. Authorize the City Manager to execute the Subdivision Improvement agreement between the City of Covina and TH Barranca, LLC (Trumark Homes) for the Public Improvements for Tract No. 84311.
EXECUTIVE SUMMARY:
Resolution CC 2025-14 (Attachment A) is presented for the City Council’s consideration to approve the recordation of Tract No. 84311 – Zest 2.0 located at 747 N. Barranca Avenue and authorizing the City Manager to execute the Subdivision Improvement Agreement (Attachment B) between the City and TH Barranca II, LLC (Trumark Homes) for the public improvements required for Tract No. 84311.
BACKGROUND:
In November of 2023, TH Barranca, LLC submitted a Vesting Tentative Tract Map (TTM 84311) and a Site Plan Review (SPR 23-253) to develop a 2.77-acre parcel located at 747 North Barranca Avenue into seventy-five (75) “for sale” multi-family residential units. On May 14, 2024, the Planning Commission recommended approval to the City Council of Vesting Tentative Tract Map No. 84311. The Covina City Council conditionally approved the Vesting Tentative Tract Map on June 18, 2024.
DISCUSSION:
The City Engineer has reviewed the Tract Map (Attachment C) and has determined, in accordance with the provisions of Chapter 16.14 (Final Maps and Parcel Maps) of the Covina Municipal Code, that all conditions for the approval of Tract No. 84311 have been met. Approval of the Tract Map by the City Council will allow recordation of the map by Los Angeles County; completing the subdivision process.
Prior to the recordation of the Tract Map, the developer must enter into a Subdivision Improvement Agreement with the City of Covina to ensure the installation of all necessary improvements including street, signing and striping, traffic signal installation, parkway landscaping, storm drain, sewer, and water improvements.
FISCAL IMPACT:
There is no fiscal impact to the City associated with the approval of Tract No. 84311.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
During the review process, the City Council determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines 15182.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2025-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA APPROVING TRACT NO. 84311
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Subdivision Ordinance of the City of Covina is embodied within Title 16 of the Covina Municipal Code; and
WHEREAS, a Tentative Tract Map application was submitted to the City of Covina by TH Barranca II, LLC (Trumark Homes) for the development of a 75-unit, three story, high density multi-family residential/transit-oriented development (TOD) on a 2.77-acre site located at 747 N.
Barranca Avenue; and
WHEREAS, pursuant to the provisions of Chapter 16.08 of the Covina Municipal Code, the City Council approved the Tentative Tract Map on June 18, 2024; and WHEREAS, during the review process, the City Council determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines 15182; and
WHEREAS, the City Engineer, in accordance with the provisions of Chapter 16.14 of the Covina Municipal Code, has determined that the applicant has met all of the required conditions of approval for the approval and recordation of the Final Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find that Tract No.84311 conforms to CEQA.
SECTION 2. The City Council does hereby approve and accept the final subdivision of Tract No. 84311.
SECTION 3. The City Council does hereby accept the easements for ingress and egress, public utility, fire lane, emergency access, and water purposes shown on said map.
SECTION 4. The City Clerk is hereby authorized to sign page one of said Tract Map and to transmit the same for recordation.
SECTION 5. The City Manager is hereby authorized to sign the Subdivision Improvement Agreement between the City and TH Barranca II, LLC (Trumark Homes) for the public improvements in said Tract No. 84311, a copy of which is attached hereto and included herewith.
Resolution CC 2025-14 Page 2 of 2
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 4
th day of March, 2025.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-14 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of March, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
ATTACHMENT B
ROBERT L. WHEELER I L V ICENSED LAND SURVEYORST A T E O F CA L I F ORN I A No. 8639
L ICENSED LAND SURVEYORS T A T E O F CA L I F ORN I A AI N R F O O F C A LI E T A T S REGISTERED PROFESSIONAL ENGINEER No. 82430
RAFA
M. FAJARD C I V I L EL O DAVID G. GILBERTSO
L ICENSED LAND SURVEYORS T A T E O F CA L I F ORN I A
No. 6941
L I CENSED LAND SURVEYORS T A T E O F CA L I F ORN I A N
ATTACHMENT C
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: March 4, 2025
Title: Allocating Unallocated FY 24-25 Community Development Block Grant Funds to the "Residential Rehabilitation Program" Project D96164-24, and “Downtown Neighborhood Business Workforce Augmentation Program” Project 602621-24 Presented by: Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Recommendation: 1. Adopt Resolution CC 2025-17, Authorizing an Increase to the FY 2024-25 Community Development Block Grant (CDBG) for Projects D96164-24 and 602621-24, and Amending the FY 2024-2025 Community Development Budget to reflect these changes; and
2. Authorize the City Manager or his designee to execute documents related to the FY 2024-25 CDBG funds.
EXECUTIVE SUMMARY:
In July 2023, the City entered into a three-year participation agreement with the Los Angeles County Development Authority (LACDA), effective July 1, 2024. This agreement will remain in effect through June 30, 2027. At that time, the City of Covina (City) was a municipality with a population below 50,000, and the City was ineligible to receive CDBG funding directly from United States Department of Housing and Urban Development (HUD). Instead, the City receives CDBG funds from LACDA through the Urban County Program.
Under this program, LACDA applies to HUD for CDBG funding, and then divides the funding amongst its subrecipients such as the City of Covina. The City’s CDBG funding is accounted for under the Community Development Department budget. All changes approved by the City Council are presented to the LACDA for approval and processing.
The City currently has a balance of $112,151 in unallocated CDBG. It is proposed that the balance of the unallocated funds programmed amongst two existing CDBG projects, “Residential Rehabilitation”, and the “Downtown Neighborhood Business Workforce Augmentation Program”. This change does not constitute a substantial amendment as the programs are existing and the funds are unallocated through LACDA.
BACKGROUND:
From time to time, programs are cancelled, repayments of past loans are made, or funding designated for specific projects is not spent, leading to an unallocated balance of CDBG funds.
On January 16, 2024, the Covina City Council approved the CDBG FY 24-25 program budget, as memorialized in Resolution CC 2024-01. The FY 24-25 figures provided to the City estimated $306,874 in New Year Funds would be provided to the City for our annual HUD CDBG allocation; the final allocation slightly decreased to $305,521.
On November 19, 2024, the Covina City Council approved the assignment of $108,223 in previously unallocated CDBG funds to two existing CDBG projects, “Residential Rehabilitation”, and the “Downtown Neighborhood Business Workforce Augmentation Program”, as memorialized in Resolution CC 2024-103. In addition to those funds, $112,151 in unallocated CDBG funds remain and are available to Covina to be programed at a later date.
LACDA recently advised Cities to be prepared for anticipated federal budget cuts to CDBG funding, and has urged cities to allocated any unallocated funds as soon as possible in hopes of preserving the funding to the fullest extent. Should Council approve staff's recommendation, $112,151 unallocated funds will remain programmed amongst two existing CDBG projects, “Residential Rehabilitation”, and the “Downtown Neighborhood Business Workforce Augmentation Program”.
DISCUSSION:
There are two general pools of CDBG funding which make up the available fund balance. Annually, the City is provided with New Year Funds from HUD via LACDA, as discussed above. These funds are programmed each year in January to be spent beginning July 1 of that same year. How this funding is spent must be determined ahead of time. Each year, however, it is common that some allocated funds go unspent for a variety of reasons.
As CDBG funding decisions are made annually, allocated funds that are not spent in their programmed year are returned to our funding pool after the end of the fiscal year on June 30 and are called “unallocated funds”.
Generally speaking, programming unallocated CDBG funds must happen in the same fiscal year in which the funding will be spent.
Staff explored the idea of allocating unallocated funds to the City’s Section 108 Loan (“Loan”), which was used to help pay for the Covina Senior and Community Center. The City must repay the Loan annually, regardless of if CDBG funding is received. LACDA found that the regulations do not allow for unallocated funds to be banked for a future loan payment. Unallocated funds also cannot be used for public service programs, such as Second Start Literacy and Senior Nutrition, due to a 15% cap on spending which has already been met.
Some CDBG programs are able to carry over funds from one program year to the next, however the Residential Rehabilitation Program is not eligible for this action. Therefore, unspent FY 23-24 CDBG funds previously allocated to this program were returned to the unallocated CDBG fund. Due to the timing constraints discussed above, increasing the program budgets for the Downtown Neighborhood Business Workforce Augmentation Program and Residential Rehabilitation Program using unallocated funds is now requested so that the programs can increase their funding this FY.
The Residential Rehabilitation Program provides up to $30,000 as a grant-loan combination to eligible homeowners and up to $8,000 in grants to eligible mobile-home owners for necessary home repairs, such as roof replacement and plumbing repairs. Cosmetic upgrades are not eligible for this program. The demand for this program is high, and there is currently a waitlist of pre-applicants. As it stands, there is enough funding to assist two eligible homeowner and one eligible mobile-home owner. With the addition of $62,151 to the program budget, two additional single-families can be assisted this fiscal year.
The Downtown Neighborhood Business Workforce Augmentation Program is a continuing program which assists businesses within the Town Center Specific Plan (TCSP) in creating jobs for those who are low-and moderateincome. This program also assists eligible businesses by offset staffing costs of these hires by providing a forgivable loan. The loans will be forgiven after one year of successfully hiring a full-time equivalent employee(s) from a low to moderate income household. This program is run by City of Covina staff through the Community Development Department, Special Projects Division. This program has successfully awarded three grants to local businesses in the second operational year. Adding $50,000 in unallocated funds to this program will allow two additional businesses to receive grants.
The table below shows the funding allocated in FY 2024-25, the unallocated funding amount being requested to add to each project, and the proposed total FY 2024-25 budgets for each program.
Project Name Original
FY 2024-25
Budget
Amended Budget
Approved On
November 19,
2024
Unallocated
Funds To
Increase
Proposed FY
2024-25
Program
Budget
Residential Rehabilitation
Program Project D96164-24
*$46,777 $33,223 $62,151 $142,151
Downtown Neighborhood
Business Workforce
Augmentation Program
Project 602621-24
$25,000 $75,000 $50,000 $150,000
*The final CDBG allocation for City of Covina FY 24-25 is $305,521. The Second Literacy Program was reduced to $15,828 to meet the 15% Public Service cap. The Residential Rehabilitation budget was left untouched because there were enough unallocated funds, therefore it was not necessary to reduce the budget for Residential Rehabilitation Program.
FISCAL IMPACT:
$112,151 in unallocated CDBG funds is available from LACDA for programming. This will increase revenues and appropriations in Fund 2100, as detailed in attached Resolution CC 2025-17. This action does not impact the General Fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (2) and (3) and does not constitute a project.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2025-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AUTHORIZING AN INCREASE TO THE FY 2024-2025
COMMUNITY DEVELOPMENT BLOCK GRANT RESIDENTIAL
REHABILITATION PROGRAM, PROJECT D96164-24, AND THE
DOWNTOWN NEIGHBORHOOD BUSINESS WORKFORCE
AUGMENTATION PROGRAM, PROJECT 602621-24, AND AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR FISCAL YEAR
2024-2025
WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments with the resources necessary to meet the needs of persons of low-and moderate-income; and
WHEREAS, the City of Covina contracts with the Los Angeles County Community Development Authority (LACDA) for the disbursement of Community Development Block Grant Funds, through the Urban County Program; and
WHEREAS, the budget for the City of Covina for fiscal year commending July 1, 2024, and ending June 30, 2025, was approved on June 4, 2024; and WHEREAS, CDBG program budget for City of Covina for fiscal year commencing July 1, 2024, and ending June 30, 2025, was approved on January 16, 2024; and WHEREAS, $108,223 of $220,374 CDBG funds for unallocated City of Covina for fiscal year commending July 1, 2024, and ending June 30, 2025, was allocated and approved on November 19, 2024; and
WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, the allocation of the appropriations between departmental activities may be made by the City Manager and amendments (increases/decreases) to the adopted budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City of Covina wishes to allocate $112,151 of unallocated funding to two existing programs; Project D96164-24 - Residential Rehabilitation, and Project 602621-24 - Downtown Neighborhood Business Workforce Augmentation Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves an increase to Project D96164-24 “Residential Rehabilitation” in the amount of $62,151 and an increase to Project 602621-24, “Downtown Neighborhood Business Workforce Augmentation Program” in the amount of $50,000, and instructs staff to submit the necessary documentation to the Los Angeles County Development
Resolution CC 2025-17 Page 2 of 3
Authority.
SECTION 2. The City Council authorizes City staff to amend the FY 2024-2025 City of Covina operating budget and amend the necessary accounts as follows:
Account
Number
Description Project Name Original
FY
2024-25
Budget
Amended
Budget
Approved
on
November
19, 2024
Unallocated
Funds to
Increase
Amended
FY 2024-
25 Program
Budget
2100-
4850-
42050-
85000
Intergovernmental/
CDBG
Residential
Rehabilitation
$46,777 $80,000 $62,151 $142,151
2100-
4850-
53750-
85000
Grant Award Residential
Rehabilitation
$46,777 $20,000 $30,000 $50,000
2100-
4850-
53760-
85000
Loan Award Residential
Rehabilitation
$20,000 $60,000 $32,151 $92,151
2100-
4750-
42050-
20298
Intergovernmental/
CDBG
Downtown
Neighborhood
Business
Workforce
Augmentation
Program
$25,000 $100,000 $50,000 $150,000
2100-
4750-
53750-
20298
Grant Award Downtown
Neighborhood
Business
Workforce
Augmentation
Program
$25,000 $100,000 $50,000 $150,000
SECTION 3. The City Manager or his designee is authorized to execute documents related to the Fiscal Year 2024-2025 CDBG program.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 4
th day of March, 2025.
Resolution CC 2025-17 Page 3 of 3
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-17 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of March 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_______________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: March 4, 2025
Title: City-Wide Solar Street Light Pilot Program – Project No. P2514 – Award of Contract in the Amount of $53,496 to Green Giant Landscape, Inc.
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Amend the FY 2024-25 Capital Improvement Program to include the City-Wide Solar Street Light Pilot Program – Project No. P2514;
2. Award a contract for the City-Wide Solar Street Light Pilot Program – Project No.
P2514 to Green Giant Landscape, Inc. as the lowest responsive and responsible bidder in the amount of $53,496 and authorize the City Manager to execute the contract;
3. Authorize a project contingency amount of $5,350 (approximately 10%) to cover the cost of unforeseen construction expenses;
4. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management and Inspection Services for an amount not-to-exceed $10,000 and authorize the City Manager to execute the agreement; and
5. Adopt Resolution CC 2025-15 appropriating $70,000 from available Street Trees and Landscape District Fund – Fund Balance to account number 2720-2300-55310-P2514 for use towards the completion of this project.
EXECUTIVE SUMMARY/BACKGROUND:
The City-Wide Solar Street Light Pilot Program – Project No. P2514 aims to target residential streets currently without street lighting in an effort to increase visibility and security at night for residents and visitors alike. Solar street lighting options were presented to the City as a great alternative to fixed, electric street lights and offer suitable illumination, low maintenance needs, and eliminates the need to run underground electrical conduit that can be cost prohibitive. Additionally, solar street lighting qualifies as an eligible use of Covina Landscape District No. 1 funds, and City staff will look to maximize the number of street solar lighting installations given available funding.
DISCUSSION:
The Department of Public Works requested informal proposals from four (4) companies included on the City’s list for On-Call Construction Contractors. City staff subsequently received two proposals as follows:
Rank Contractor Location Bid Base Amount
1 Green Giant Landscape, Inc. La Habra, CA $53,496
2 FS Contractors, Inc. Sylmar, CA $63,540
N/A Gentry Brothers, Inc. Irwindale, CA No Response
N/A IBuild Construction Corp Walnut, CA No Response
Staff reviewed all bid documents for completeness and concluded that Green Giant Landscape, Inc. is the lowest responsive and responsible bidder for the project. Green Giant Landscape, Inc. has completed previous projects for the City of Covina including the Banna Park Construction Project and the Hollenbeck Park Urban Greening Revitalization Project.
FISCAL IMPACT:
Approval of Resolution CC 2025-15 will appropriate $70,000 from available Street Trees and Landscape District Fund – Fund Balance to account number #2720-2300-55310-P2514 for the purchase and installation of Solar Street Lighting as a part of the pilot program. The following is a summary of planned project expenses:
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,
Construction Contract Amount (Green Giant Landscape, Inc.) $53,496 10% Project Contingency Allowance $5,350
CEJ Engineers, Inc – Construction Management & Inspection Services $10,000 Total Fiscal Impact $68,846
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
ATTACHMENT A
CONTRACT
CITY OF COVINA CONTRACT FOR
CITY-WIDE SOLAR STREET LIGHT PILOT PROGRAM PROJECT –
PROJECT NO. P2514
THIS CONTRACT (“Contract”) is made and entered this 4
th day of March, 2025 (“Effective Date”),
by and between the CITY OF COVINA, a California municipal corporation (“City”) and Green Giant Landscape, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 670478; Class A, C-27, C-13. Contractor’s DIR registration number is 1000014238.
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 City-Wide Solar Street Light Pilot Program Project – Project No. P2514 (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Fifty-Three Thousand Four Hundred and Ninety-Six Dollars ($53,496) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract,
the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST:
By:
Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
EXHIBIT 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:
CITY-WIDE SOLAR STREET LIGHT PILOT PROGRAM PROJECT – PROJECT NO. P2514 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.
Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT C
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CITY-WIDE SOLAR STREET LIGHT PILOT PROGRAM PROJECT – PROJECT NO. P2514 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
ATTACHMENT C
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 4, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the City-Wide Solar Street Light Pilot Program Project – Project No. P2514.
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 December 31, 2025, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Ten Thousand Dollars ($10,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and 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 A. 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 Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the
Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without
charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,
age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A 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 effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CEJ Engineers, Inc
a California corporation
By:
Name: Joaquin Cervantes
Title: President
By:
Name: Joaquin Cervantes
Title: Vice President
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE/SCOPE OF SERVICES
Construction Management & Inspection Services for the City-Wide Solar Street Light Pilot Program Project – Project No. P2514 in an amount not-to-exceed $10,000.
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
ATTACHMENT D
RESOLUTION CC 2025-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024/2025 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND INCREASE FUNDING
FROM AVAILABLE STREET TREES & LANDSCAPE DISTRICT FUND
– FUND BALANCE FOR USE TOWARDS THE CITY-WIDE SOLAR
STREET LIGHT PILOT PROGRAM PROJECT – PROJECT NO. P25XX
IN THE AMOUNT OF $70,000
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to amend the 2024/2025 Capital Improvement Program Budget to establish an Expenditure Budget in the Street Trees and Landscape District Fund for use towards the City-Wide Solar Street Light Pilot Program Project – Project No. P2514.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2024/2025 Capital Improvement Program Budget to add the City-Wide Solar Street Light Pilot Program Project – Project No. P2514.
SECTION 2. Establish an expenditure account and appropriate $70,000 from available Street Trees and Landscape District Fund – Fund Balance for use in the City-Wide Solar Street Light Pilot Program Project – Project No. P2514:
Account No. Account Description Amount ($) Increase/Decrease 2720-2300-
55310-
P2514
Street Trees and Landscape
District-Street Trees-
$70,000 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 4
th day of March, 2025.
Resolution CC 2025-15 Page 2 of 2
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-15 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of March, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: March 4, 2025
Title: Updates on State Housing Legislation and Adoption of a Resolution Opposing the Proposed Saffron Covina Housing Project in Unincorporated Los Angeles County Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Brian K. Lee, Deputy City Manager/Director of Community Development Alana Mantilla, Economic Development Manager
Recommendation: 1. Receive and file this report; and
2. Adopt Resolution CC 2025-19, expressing the Council’s opposition to the proposed Saffron Covina Housing Project in Unincorporated Los Angeles County.
EXECUTIVE SUMMARY:
In California, decisions related to land use policies and zoning have historically been reserved for local municipalities. Traditionally, zoning laws in California have been under the purview of local municipalities, allowing cities and counties to determine land development issues, housing density, and growth patterns according to their unique needs. Local governments in California had significant control over zoning decisions, including determining the type, size, and scope of development within their boundaries. This decentralized approach allowed communities to tailor their growth to their specific needs, balancing the desires of residents with the broader goals of economic development.
To better educate residents on new State of California housing legislation, the City has created a webpage on the City’s website (Covinaca.gov) which provides information and summaries related to laws which affect local zoning control as it relates to the creation of new residential housing, including proposed affordable housing projects not within the City of Covina’s boundaries, but adjacent to, or nearby. The proposed webpage also includes dedicated space which can provide updates on specific, related residential projects as needed. At the direction of the City Council, staff has also prepared Resolution CC 2025-19 (Attachment A), which expresses opposition to the proposed Saffron Covina Housing Project at 19516 E. Cypress Street in Unincorporated Los Angeles County.
DISCUSSION:
In response to concerns over a lack of housing availability and affordability, the State has taken more assertive steps to influence and override local zoning authority. This has led to significant shifts in local zoning control as the State has increasingly intervened in land use policies, which has led to decisions made by municipalities being overruled by those of the State. Thus, if housing projects are proposed in conformance with State of California affordable housing laws, the City of Covina is compelled to approve those housing projects that have demonstrated compliance with the applicable California affordable housing laws.
Cities in California, including Covina, have been subject to a loss of local control over zoning and land use decisions especially as they pertain to residential projects. Recent state legislation has sought to bypass or limit local control in favor of more statewide mandates for housing development, and these mandates have largely impeded municipalities’ abilities to enforce portions of their zoning and land use policies, including determining the type, size, and scope of development within city boundaries. Understanding these State of California affordable housing laws is essential to understanding potential housing projects proposed within, or adjacent to,