Covina City Council
July 15, 2025

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, July 15, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

IMPORTANT NOTICE
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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 three (3) 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.

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Pages
JOINT MEETING—CLOSED SESSION 6:30 PM

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, John C. King, Mayor Pro Tem/Vice Chair Hector Delgado, and Mayor/Chair Victor Linares

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Allen.

INVOCATION
Given by Covina Police Chaplain Ron Butler.

APPROVAL OF AGENDA

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 three (3) 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. Payment of Demands 9
Staff Recommendation:

Approve Payment of Demands in the amount of $2,818,516.51.

CC 2. Covina Recreation Village Project – Project No. P2202 – Replacement of State of California Budget Act of 2021 (SB 129) Library Grant Funds with Measure CC Funds in the Amount of $251,952.93 for Use Towards Demolition of Existing Easterly Building
17 Staff Recommendation:

Approve Resolution CC 2025-84 amending the Fiscal Year 2024/25 Capital Improvement Program Budget, appropriating Measure CC Fund – Fund Balance in the amount of $251,952.93 in lieu of State of California Budget Act of 2021 (SB 129) Library Grant Funds for use towards the Demolition of Existing Easterly Building.

CC 3. Resolution Approving Submission of an Application to the Land Water Conservation Fund Grant Program to Facilitate the Covina Recreation Village Pedestrian Bridge/Access Facility Project
21 Staff Recommendation:

Adopt Resolution CC 2025-80.

CC 4. Second Amendment to Professional Services Agreement with CIR, Inc. 25 Staff Recommendation:

Approve Second Amendment to Professional Services Agreement with CIR, Inc.

CC 5. Trash Enclosure Project – Covina Police Department – Project No. P2604 – Award of Contract to FS Contractors, Inc. in the Amount of $113,000 29 Staff Recommendation:

Approve plans and specifications for the Trash Enclosure Project – Covina Police Department – Project No. P2604;

1. Award a contract for the Trash Enclosure Project – Covina Police Department – Project No. P2604 to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $113,000 and authorize the City Manager to execute the contract;

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

3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc for Construction Management & Inspection Services for an amount not-to-exceed $35,000 and authorize the City Manager to execute the agreement.

4. CC 6. Certification of 2025 Sewer System Management Plan (SSMP) for the City of Covina’s Sanitary Sewer System
75 Staff Recommendation:

Adopt Resolution CC 2025-90 Certifying and Approving the Sewer System Management Plan.

1. Accept and certify the 2025 Sewer System Management Plan (SSMP) for the City of Covina’s Sanitary Sewer System and direct City staff to upload and certify the SSMP within the California Integrated Water Quality System Portal.

2. CC 7. Professional Services Agreement with MasterCorp Services LLC for Janitorial Services
821
Staff Recommendation:

Authorize the City Manager or his designee to sign an agreement with MasterCorp Services LLC to provide janitorial services for the Covina Police Department.

CC 8. Increase 2024-25 Budgeted Appropriations for Public Liability Fund 841

Staff Recommendation:

Adopt Resolution CC 2025-89, Amending the 2024-25 Operating Budget Appropriating $715,000 from the Public Liabilities Fund (7370) Fund Balance for Legal Services, Liability Claims and Other Related Expenses CC 9. City-Wide Alleyway Resurfacing Project – Project No. P2605 – Award of Contract to G.M. Sager Construction Co., Inc. in the Amount of $82,945 845
Staff Recommendation:

Approve plans and specifications for the City-Wide Alleyway Resurfacing Project – Project No. P2605;

1. Award a contract for the City-Wide Alleyway Resurfacing Project – Project No. P2605 to G.M. Sager Construction Co, Inc. as the lowest responsive and responsible bidder in the amount of $82,945 and authorize the City Manager to execute the contract; and

2. Authorize a contingency amount of $8,294.50 (approximately 10%) to cover any unforeseen construction expenses.

3. CC 10. Professional Services Agreement (PSA) with EC + Associates Engineering, Inc. for Design Engineering Services Related to the Cypress Water Main Replacement Project
871
Staff Recommendation:

Authorize the City Manager to execute a Professional Services Agreement (PSA) between the City of Covina and EC + Associates Engineering, Inc. in an amount not-to-exceed $75,000 for Design Engineering Services Related to the Cypress Water Main Replacement Project; and

1. Authorize a $10,000 contingency balance for use towards design engineering services, if needed.

2. CC 11. San Bernardino Road Resurfacing Project – Project No. P2602 – Award of Contract to Gentry Brothers, Inc. in the Amount of $956,835.40 893
Staff Recommendation:

Approve plans and specifications for the San Bernardino Road Resurfacing Project – Project No. P2602;

1. Award a contract for the San Bernardino Road Resurfacing Project – Project No. P2602 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $956,835.40 and authorize the City Manager to execute the contract;

2. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management and Inspection Services for an amount not-to-exceed $140,000 and authorize the City Manager to execute the agreement;

3. Authorize a contingency amount of $103,164.60 (approximately 10% of contract amount) for any unforeseen construction expenses; and

4. Adopt Resolution CC 2025-85 amending the Fiscal Year 2025-2026 Capital Improvement Program to add the “Frontage Median Bioswale Installation Project – Project No. P2606” and appropriate $50,000 in Measure W – Municipal Funds to be used for Bioswale and Drought

5.

Tolerant Landscape Construction.

CC 12. Request for Approval of an Additional Full-Time Information Technology Technician Position
955
Staff Recommendation:

That the City Council adopt Resolution CC 2025-91 to Approve an Additional Full-Time Information Technology Technician Position.

CC 13. Temporary Community Support Program 957
Staff Recommendation:

That the City Council authorize the City Manager to enter into temporary partnerships with the listed non-profit organizations to provide free/low-cost supportive services to Covina-based families and individuals impacted by federal immigration enforcement activities.

PUBLIC HEARINGS
PH 1. Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 38), and to Call and Hold a Special Election (1207 West Badillo Street, Covina)
963
Staff Recommendation:

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

1. Adopt Resolution CC 2025-81, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 38) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

2. Adopt Resolution CC 2025-82, calling a special election and submitting to the voters of Annexation No. 38 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 38 to finance public services, and the establishment of an appropriations limit; and

3. Adopt Resolution CC 2025-83 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 38.

4. PH 2. Proposal for a 3,443 square-foot Cannabis Retail Establishment 993 Staff Recommendation:

City Council consideration of the following:

City Council Adoption of Resolution CC 2025-87, conditionally approving Conditional Use Permit (CUP) 25-003, Site Plan Review (SPR) 25-032, Development Agreement and determination of exemption from CEQA: a request to approve a Cannabis Retail establishment (“Rilano”), expand an existing 2,137 square-feet commercial retail space an additional 1,306 square feet, totaling 3,443 square feet of cannabis retail space, and associated tenant improvements, within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A zone,

1.

located at 216 E Rowland St, Covina, CA, 91723 (APN: 8451-001- 019) and making a finding of exemption under CEQA; and.

Waive full reading, read by title only, and introduce Ordinance 25-07 entitled, “An Ordinance of the City of Covina approving a development agreement between Rilano Covina Inc, and the City of Covina, related to the approval of a 3,443 square foot cannabis retail establishment within the Mixed-Use Overlay District (MUOD) / Commercial (Regional or Community Shopping Center) C-3A zone, located at 216 East Rowland Street, (APN: 8451-001-019) and making a finding of exemption under CEQA”.

2. PH 3. Proposal for a 3,956 square-foot Cannabis Retail Establishment 1121 Staff Recommendation:

City Council consideration of the following:

City Council Adoption of Resolution CC 2025-88, approving Conditional Use Permit (CUP) 25-004 and Site Plan Review (SPR) 25- 039, and determination of exemption from CEQA, to approve a cannabis retail establishment (“Zen Garden ”), in a 3,956 square-foot commercial tenant space and associated interior tenant improvements, within the Covina Town Center Specific Plan (CTCSP) Mixed Use (MU) Zone, located at 125 S Citrus Ave, Covina, CA, 91723 (APN:
8444-001-018), and making a finding of exemption under CEQA; and

1. Waive full reading, read by title only, and introduce Ordinance 25-08 entitled, “An Ordinance of the City of Covina approving a development agreement between Zen GW Cali Partners LLC, and the City of Covina, related to approval of a 3,956 square foot cannabis retail establishment within the Covina Town Center Specific Plan (CTCSP) Mixed Use (MU) zone located at 125 South Citrus Avenue (APN 8444-001-018) and making a finding of exemption under CEQA”.

2. PH 4. Proposal for a 4,600 square-foot Cannabis Microbusiness Retail Establishment
1265
Staff Recommendation:

City Council consideration of the following:

City Council Adoption of Resolution CC 2025-86, conditionally approving: Conditional Use Permit (CUP) 25-001 and Site Plan Review (SPR) 25-026, and making a determination of exemption from CEQA, to approve a cannabis microbusiness retail establishment (“STIIIZY”), in conjunction with a manufacturing and distribution use, on a 4,600 square-foot commercial tenant space and associated interior tenant improvements, within the PCD (Planned Community
Development) / M-1 (Light Manufacturing) zone, located at 754 E Arrow Hwy, Covina, Ca, 91722 (APN: 8405-003-032), and making a finding of exemption under CEQA; and

1. Waive full reading, read by title only, and introduce Ordinance 25-06 entitled, “An Ordinance of the City of Covina approving a Development Agreement between STIIIZY Covina Inc, and the City of

2.

Covina, related to the approval of a 4,600 square foot cannabis microbusiness retail establishment within the PCD (Planned Community Development) / M-1 (Light Manufacturing) Zone, located at 754 East Arrow Highway (APN: 8405-003-032); and making a finding of exemption under CEQA.”

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, August 5, 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.

CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO. CC 1
Meeting: July 15, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Director of Finance
Recommendation: Approve Payment of Demands in the amount of $2,818,516.51.

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 June 13, 2025 – June 26, 2025 CITY checks/EFTs $ 1,679,762.31
CITY payroll $ 1,083,095.13
CITY voids $ (2,400.00)
Worker’s Comp $ 57,788.19
$ 2,818,245.63
SACRA checks/EFTs $ 25.98
SACRA payroll $ 244.90
$ 270.88
TOTAL checks/EFTs $ 2,818,516.51
DISCUSSION:

The attached reports have been reviewed by the 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
June 13, 2025 - June 26, 2025
Check # Check Date Vendor Name Amount
6022 03/05/2025 5438 BMO 31,670.36
6023 04/02/2025 5438 BMO 25,825.45
6024 06/18/2025 4003 MidAmerica 2,494.63
6025 05/08/2025 5438 BMO 21,698.96
6026 05/08/2025 5438 BMO 3,830.59
20979 06/18/2025 487 CalPERS 97,629.37
20980 06/18/2025 788 COVINA, CITY OF 51,375.85 *
20981 06/18/2025 789 COVINA-FSA, CITY OF 1,590.82
20982 06/18/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 31,153.39 subtotal EFT/wires/direct deposits 267,269.42
Internal transfers - workers comp allocation - no net cash effect (51,375.85) * subtotal EFT/wires/direct deposits less Internal Transfers $215,893.57 126799 06/18/2025 84 AIRGAS-WEST 756.00
126800 06/18/2025 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 126801 06/18/2025 219 AT&T 122.40
126802 06/18/2025 219 AT&T 67.63
126803 06/18/2025 221 AT&T MOBILITY 4.14
126804 06/18/2025 354 BIOMETRICS4ALL INC 800.00
126805 06/18/2025 568 CAT SPECIALTIES INC 686.23
126806 06/18/2025 649 CINTAS CORP #693 389.63
126807 06/18/2025 746 CORRPRO WATERWORKS 2,265.00
126808 06/18/2025 849 DAPEER ROSENBLIT & LITVAK LLP 780.00 126809 06/18/2025 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 483.00 126810 06/18/2025 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 14,910.00 126811 06/18/2025 970 EDISON CO 9,549.00
126812 06/18/2025 1055 FEDEX 25.12
126813 06/18/2025 1235 GRAINGER 1,346.70
126814 06/18/2025 1277 CYNTHIA ESTRADA HAEBE 6,140.00
126815 06/18/2025 1361 HOLLIDAY ROCK CO INC 1,269.31
126816 06/18/2025 1371 HOSE MAN INC, THE 151.99
126817 06/18/2025 1505 JOHNNY'S POOL SERVICE 887.08
126818 06/18/2025 1531 JW LOCK CO INC 755.07
126819 06/18/2025 1561 KEYSTONE UNIFORM DEPOT 3,956.98
126820 06/18/2025 1646 LANGUAGE LINE SERVICES INC 152.28 126821 06/18/2025 1924 MILLERS & ISHAMS 916.08
126822 06/18/2025 2275 POIRIER, ROBERT 140.00
126823 06/18/2025 2294 PR DIAMOND PRODUCTS INC 1,230.00 126824 06/18/2025 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 13,125.98 126825 06/18/2025 2335 PYRO-COMM SYSTEMS INC 1,140.00
126826 06/18/2025 2415 REPUBLIC MASTER CHEFS 209.33
126827 06/18/2025 2506 RYDIN DECAL 812.59
126828 06/18/2025 2619 SGV EXAMINER 990.00
126829 06/18/2025 2736 STAPLES BUSINESS ADVANTAGE 665.20 126830 06/18/2025 2852 THREE VALLEY MUN WATER DISTR 6,140.80 126831 06/18/2025 2855 CHARTER COMMUNICATIONS 664.08
126832 06/18/2025 3004 VICTORY EXTERMINATING INC 150.00 126833 06/18/2025 3052 WATERLINE TECHNOLOGIES INC 561.34 126834 06/18/2025 3729 SUNBELT RENTALS INC 713.99
126835 06/18/2025 3749 JCL TRAFFIC SERVICES 523.61
126836 06/18/2025 3771 BLACK & WHITE EMERGENCY VEHICLES 20,358.15 126837 06/18/2025 3796 RICHARDS, WATSON & GERSHON 3,858.60 126838 06/18/2025 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 4,860.05 Attachment A Page 1 of 5

CITY OF COVINA
Check Register
June 13, 2025 - June 26, 2025
Check # Check Date Vendor Name Amount
126839 06/18/2025 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 300.00 126840 06/18/2025 3988 LANDSCAPE WAREHOUSE III 333.48
126841 06/18/2025 4024 PERFORMANCE TRUCK REPAIR INC 525.00 126842 06/18/2025 4332 ERIC ARROYO 1,350.00
126843 06/18/2025 4374 ADMINSURE, INC 9,300.87
126844 06/18/2025 4379 789, Inc. 6,919.87
126845 06/18/2025 4389 EMPLOY AMERICA 2,580.00
126846 06/18/2025 4433 JAIME YAMASHITA 22,000.00
126847 06/18/2025 4455 FRONTIER 639.03
126848 06/18/2025 4488 WILCOX SUPPLY INC 6,514.69
126849 06/18/2025 4564 National Union Fire Ins. Co. of Pittsburgh, PA 1,530.00 126850 06/18/2025 4676 Hill Brothers Chemical Company 1,204.46 126851 06/18/2025 4704 S & J Supply Company, Inc. 253.60 126852 06/18/2025 4764 UniFirst Corporation 333.41
126853 06/18/2025 4765 AMC Modern IT 2,760.30
126854 06/18/2025 4766 HASA, INC. 1,804.88
126855 06/18/2025 4817 Weck Analytical Environmental Services, Inc. 448.00 126856 06/18/2025 4854 CEJ Engineers, Inc. 10,000.00
126857 06/18/2025 4925 Humane Society of Pomona Valley, Inc. 25,608.58 126858 06/18/2025 4932 DLT Solutions, LLC 2,929.79
126859 06/18/2025 4960 Data Ticket, Inc. 200.00
126860 06/18/2025 4968 Semper Scientific, Inc 1,900.00
126861 06/18/2025 4977 Enterprise FM Trust 4,700.72
126862 06/18/2025 4996 Green Giant Landscape, Inc. 7,500.00 126863 06/18/2025 5109 SITEREP CONSTRUCTION SERVICES, INC. 40,160.00 126864 06/18/2025 5117 Steam It All LLC 620.00
126865 06/18/2025 5138 Ricoh USA, Inc. 300.31
126866 06/18/2025 5169 Occupational Health Centers of California 278.00 126867 06/18/2025 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 1,700.00 126868 06/18/2025 5269 CONTROL AIR ENTERPRISES LLC. 20,649.00 126869 06/18/2025 5291 AMAZON CAPITAL SERVICES, INC 1,000.28 126870 06/18/2025 5371 LAUGH FACTORY COVINA LLC 55,000.00 126871 06/18/2025 5383 MERCURY MAILING SYSTEMS, INC. 3,038.49 126872 06/18/2025 5528 JAKE MARTINEZ 8,600.00
126873 06/18/2025 5533 KOSMONT & ASSOCIATES INC 1,437.80 126874 06/18/2025 5553 SOUTHERN TIRE MART LLC 283.93
126875 06/18/2025 5577 Bear Electrical Solutions, LLC 73,946.00 126876 06/18/2025 5606 MAGNOLIA ENVIRONMENTAL, LLC 1,512.78 126877 06/18/2025 5607 ACLARA TECHNOLOGIES LLC 121.56
126878 06/18/2025 5669 RILEY O'HALLORAN 1,200.00
126879 06/18/2025 5673 OFFICE PRO FURNITURE INC. 1,030.90 126880 06/18/2025 5679 LAW OFFICES OF KEVIN ANDERSON CLIENT TRUST ACCOUNT 5,000.00 126881 06/18/2025 99999 BRIAN LEE 339.40
126882 06/18/2025 99999 DANIELLA ANDRADE 8.99
126883 06/18/2025 99999 FRANK MEDINA 52.00
126884 06/18/2025 99999 MARK VOLK 8,000.00
126885 06/18/2025 99999 PREMIER POOLS & SPAS - IE/ONTARIO 2,400.00 126886 06/18/2025 99999 RYAN DAVIS 56.04
126887 06/18/2025 99999 VICTOR LINARES 132.42
126888 06/18/2025 99999 WAEL GHOSN 77.55
126889 06/18/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,893.33 126890 06/18/2025 69 AFSCME District Council 36 687.50
Attachment A Page 2 of 5

CITY OF COVINA
Check Register
June 13, 2025 - June 26, 2025
Check # Check Date Vendor Name Amount
126891 06/18/2025 775 COVINA POLICE ASSOCIATION 2,950.00 126892 06/18/2025 878 DELTA DENTAL OF CALIFORNIA 9,517.56 126893 06/18/2025 3795 PRE-PAID LEGAL SERVICES, INC 155.48 126894 06/18/2025 3846 CLEA 1,392.00
126895 06/18/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,478.78 126896 06/18/2025 4710 Fidelity Security Life Insurance Company 1,019.93 126897 06/26/2025 44 ADAMSON INDUSTRIES 2,263.32
126898 06/26/2025 113 ALL CITY MANAGEMENT SVC 9,616.49
126899 06/26/2025 159 AMERICAN WATER WRKS ASSOC 336.00
126900 06/26/2025 219 AT&T 575.01
126901 06/26/2025 254 AZUSA LIGHT & WATER 6,451.08
126902 06/26/2025 568 CAT SPECIALTIES INC 922.40
126903 06/26/2025 615 CHARLES E THOMAS COMPANY 1,808.04 126904 06/26/2025 649 CINTAS CORP #693 389.63
126905 06/26/2025 749 BOHL PH.D., NANCY K. 750.00
126906 06/26/2025 783 CITY OF COVINA WATER 211.78
126907 06/26/2025 894 DF POLYGRAPH 800.00
126908 06/26/2025 962 EAST DISTRICT SUPERIOR COURT 20,000.00 126909 06/26/2025 962 EAST DISTRICT SUPERIOR COURT 20,000.00 126910 06/26/2025 970 EDISON CO 4,414.10
126911 06/26/2025 1055 FEDEX 42.95
126912 06/26/2025 1156 THE GAS COMPANY 2,169.79
126913 06/26/2025 1204 GOLDEN STATE WATER COMPANY 146.36 126914 06/26/2025 1235 GRAINGER 578.45
126915 06/26/2025 1241 GRAND PRINTING 358.68
126916 06/26/2025 1275 HAAKER EQUIPMENT CO 188.28
126917 06/26/2025 1352 HINDERLITER DELLAMAS & ASSOC 360.23 126918 06/26/2025 1361 HOLLIDAY ROCK CO INC 683.14
126919 06/26/2025 1429 INLAND EMPIRE STAGES 3,165.75
126920 06/26/2025 1612 LA CNTY DEPT OF PUBLIC WORKS 3,645.11 126921 06/26/2025 1615 REGIONAL TAP SERVICE CENTER 20.00 126922 06/26/2025 1619 LOS ANGELES COUNTY SHERIFF’S DEPARTMENT 956.09 126923 06/26/2025 1663 LAW ENFORCEMENT MEDICAL 1,775.00 126924 06/26/2025 1694 LEWIS ENGRAVING INC 13.81
126925 06/26/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
126926 06/26/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
126927 06/26/2025 1933 MISSION LINEN SUPPLY 45.54
126928 06/26/2025 1991 MOTOROLA 63,450.67
126929 06/26/2025 2091 O REILLY AUTO PARTS 17.67
126930 06/26/2025 2238 PEST OPTIONS INC 1,075.00
126931 06/26/2025 2415 REPUBLIC MASTER CHEFS 225.24
126932 06/26/2025 2614 SGV CITY MANAGERS' ASSOCIATION 80.00 126933 06/26/2025 2616 SGV COUNCIL OF GOVERNMENTS 26,567.85 126934 06/26/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 91.11 126935 06/26/2025 2736 STAPLES BUSINESS ADVANTAGE 78.30 126936 06/26/2025 2903 TRI-XECUTEX CORP 200.00
126937 06/26/2025 2929 ULINE 186.50
126938 06/26/2025 2954 URBAN GRAFFITI ENTERPRISES INC 7,200.00 126939 06/26/2025 3023 VULCAN MATERIALS COMPANY 1,067.51 126940 06/26/2025 3082 WESTERN WATER WORKS SUPPLY 640.25 126941 06/26/2025 3102 WILLDAN FINANCIAL SERVICES 2,582.00 126942 06/26/2025 3152 YWCA 542.04
Attachment A Page 3 of 5

CITY OF COVINA
Check Register
June 13, 2025 - June 26, 2025
Check # Check Date Vendor Name Amount
126943 06/26/2025 3274 WILLDAN 981.25
126944 06/26/2025 3300 SOUTHERN COUNTIES FUELS 4,834.34 126945 06/26/2025 3614 PAPER RECYCLING AND SHREDDING SPECIALISTS INC 436.00 126946 06/26/2025 3729 SUNBELT RENTALS INC 713.99
126947 06/26/2025 3771 BLACK & WHITE EMERGENCY VEHICLES 65,390.22 126948 06/26/2025 3988 LANDSCAPE WAREHOUSE III 432.27
126949 06/26/2025 4065 VERIZON BUSINESS SERVICES 1,677.40 126950 06/26/2025 4153 CALIFORNIA PROFESSIONAL ENGINEERING, INC. 8,186.06 126951 06/26/2025 4249 H.Q. ENTERPRISES 4,402.32
126952 06/26/2025 4455 FRONTIER 757.84
126953 06/26/2025 4571 POWER SECURITY GROUP INC 11,882.00 126954 06/26/2025 4676 Hill Brothers Chemical Company 1,696.18 126955 06/26/2025 4688 PCAM, LLC 58,534.92
126956 06/26/2025 4764 UniFirst Corporation 888.17
126957 06/26/2025 4766 HASA, INC. 1,494.34
126958 06/26/2025 4833 Michael R. Hillmann 1,314.95
126959 06/26/2025 4863 La Verne Power Equipment 121.44
126960 06/26/2025 4979 GRBCON, Inc. 7,633.75
126961 06/26/2025 4983 Ad Valorem Records,Inc. 17,927.64 126962 06/26/2025 5011 Excel Office Services 642.81
126963 06/26/2025 5184 Danny Ryan Precision Contracting, Inc. 13,300.00 126964 06/26/2025 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 322.50 126965 06/26/2025 5269 CONTROL AIR ENTERPRISES LLC. 1,791.30 126966 06/26/2025 5291 AMAZON CAPITAL SERVICES, INC 2,139.60 126967 06/26/2025 5343 BLUE-WHITE INDUSTRIES 514.77
126968 06/26/2025 5404 SAN FERNANDO VALLEY ALARM CO. 82.00 126969 06/26/2025 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 21,418.73 126970 06/26/2025 5505 COLLIERS INTERNATIONAL HOLDINGS INC 4,750.00 126971 06/26/2025 5513 GOVERNMENT FORMS AND SUPPLIES LLC 379.40 126972 06/26/2025 5517 BATTERY CONNECTION INC. 372.18
126973 06/26/2025 5565 ROGELIO ALVARADO JR. 1,000.00
126974 06/26/2025 5568 PERERA CONSTRUCTION & DESIGN, INC. 522,500.00 126975 06/26/2025 5577 Bear Electrical Solutions, LLC 11,753.00 126976 06/26/2025 5629 MINUTEMAN PRESS COVINA 932.77
126977 06/26/2025 5665 WCS DISTRIBUTING INC. 2,060.84
126978 06/26/2025 5667 MELYDAN PLUMBING INC 6,200.00
126979 06/26/2025 5668 MARTIN LEASING CORPORATION 640.53 126980 06/26/2025 5674 MODERN ELECTRICAL SERVICES, INC. 6,500.00 126981 06/26/2025 5681 RJ LEE GROUP, INC 1,327.26
126982 06/26/2025 99999 1839 GALVESTON, LLC 46.49
126983 06/26/2025 99999 AFT ONE, LLC 37.36
126984 06/26/2025 99999 ALFONSO URIBE 80.00
126985 06/26/2025 99999 ARBIN V SUAYBAGUIO 169.88
126986 06/26/2025 99999 BRAUNDI SUN 31.52
126987 06/26/2025 99999 CHENEY HOOKER 345.00
126988 06/26/2025 99999 CHRIS RODRIGUEZ 67.68
126989 06/26/2025 99999 CHUI MEI SO 37.62
126990 06/26/2025 99999 DAVID LOPEZ 71.12
126991 06/26/2025 99999 ERICK ZELAYA 65.96
126992 06/26/2025 99999 GENTRY BROTHERS 314.53
126993 06/26/2025 99999 GILL WANG 30.74
126994 06/26/2025 99999 GRAND COVINA PLAZA, LLC 32.78
Attachment A Page 4 of 5

CITY OF COVINA
Check Register
June 13, 2025 - June 26, 2025
Check # Check Date Vendor Name Amount
126995 06/26/2025 99999 JACOB NEMETH 110.00
126996 06/26/2025 99999 JARED DESTINE 38.70
126997 06/26/2025 99999 JARED DESTINE 42.47
126998 06/26/2025 99999 JAVIER TORRES 66.53
126999 06/26/2025 99999 JAY SOH 30.00
127000 06/26/2025 99999 LANCE FRANCESCON 427.41
127001 06/26/2025 99999 LING MO 80.00
127002 06/26/2025 99999 LOGAN'S RUN, LLC 40.11
127003 06/26/2025 99999 LOGAN'S RUN, LLC 80.00
127004 06/26/2025 99999 LOGAN'S RUN, LLC 40.11
127005 06/26/2025 99999 LOGAN'S RUN, LLC 63.58
127006 06/26/2025 99999 MARK ANDERSEN AND ASSOCIATES 48.55 127007 06/26/2025 99999 MARLIN GARCIA 80.00
127008 06/26/2025 99999 NIKI TRAN 57.34
127009 06/26/2025 99999 RONNE PUZON 78.51
127010 06/26/2025 99999 SOCAL ENERGY UPGRADES 155.44
127011 06/26/2025 99999 STEVE APREA 27.95
127012 06/26/2025 99999 VDM ENTERPRISES, LLC 63.58
subtotal checks $ 1,463,894.72
126307 05/08/2025 99999 PREMIER POOLS & SPAS - IE/ONTARIO (2,400.00) subtotal voids (2,400.00)
payroll (06/18/25) $ 1,083,340.03
workers' compensation $ 57,788.19
TOTAL checks/EFTs $2,818,516.51
Attachment A Page 5 of 5

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: July 15, 2025
Title: Covina Recreation Village Project – Project No. P2202 – Replacement of State of California Budget Act of 2021 (SB 129) Library Grant Funds with Measure CC Funds in the Amount of $251,952.93 for Use Towards Demolition of Existing Easterly Building Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Approve Resolution CC 2025-84 amending the Fiscal Year 2024/25 Capital Improvement Program Budget, appropriating Measure CC Fund – Fund Balance in the amount of $251,952.93 in lieu of State of California Budget Act of 2021 (SB 129) Library Grant Funds for use towards the Demolition of Existing Easterly Building.

EXECUTIVE SUMMARY:

On July 16, 2024, the City Council approved a contract with Perera Construction and Design Inc. for the construction of the Covina Recreation Village Project - Phase I, which consists of the construction of a new gymnasium at the westerly building of the former Vita Pakt warehouse. Construction is underway and it is anticipated that the project will be completed in spring 2026.

Phase II of the project consists of retrofitting the existing easterly building to construct a new 14,140 square-foot library. A recently completed structural engineering analysis of the easterly building concluded that portions of the building have major structural deficiencies that are cost-prohibitive and unsafe for future development. On February 4, 2025, Council approved a project change order for Perera Construction and Design, Inc. to demolish the structurally deficient areas of the building, making it shovel-ready for future construction of the new library space. At this time, it is recommended that the City Council consider an appropriation of Measure CC funds for the demolition of the existing easterly building. As proposed, the competitive grant award to construct a new public library totaling $5.377 million will be reserved for the construction phase of this project.

DISCUSSION:

The City Council’s February 4, 2025, action approved the use of State of California Budget Act of 2021 (SB 129) Library Grant funds for the demolition of the existing easterly building. Upon further analysis, City staff is recommending the use of Measure CC Funds in lieu of SB 129 funds for the Phase I demolition of the existing easterly building in order to have all SB 129 funds be included in Phase II – Library construction costs. Moreover, the $5,377,020 the City has accumulated in SB 129 funds will be easier to track in terms of project expenditures and simplify future auditing obligations with the proposed amendment in funding sources.

FISCAL IMPACT:

Resolution CC 2025-84 will appropriate $251,952.93 from Measure CC Fund – Fund Balance into account number (4600-3900-55100-P2202) for use towards the Phase I demolition of existing easterly building.

Accordingly, $5,377,020 in State of California Budget Act of 2021 (SB 129) Library Grant Funds will be available for Phase II – Library construction costs under account number (460039ST-55100-P2202).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities

involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

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

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2025-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024/2025 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE $251,952.93

FROM MEASURE CC FUNDS TO BE TRANSFERRED INTO THE PARKS

CIP FUND FOR USE TOWARDS DEMOLITION OF EXISTING

EASTERLY BUILDING AS A PART OF THE COVINA RECREATION
VILLAGE PROJECT – PROJECT NO. P2202
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, 2025; 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 and appropriate $251,952.93 from Measure CC Funds to be transferred into the Parks CIP Fund for use towards demolition of existing easterly building as a part of the Covina Recreation Village Project – Project No. P2202.

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 and appropriate $251,952.93 from Measure CC Funds to be transferred into the Parks CIP Fund as follows:

Account No. Account Description Amount ($) Increase/Decrease 1095-0000-
59140-P2202
Measure CC TransferCapital Projects FundCovina Recreation Village Project
$251,952.93 Increase
4600-3900-
49110-P2202
Parks CIP-Library
Admin-Transfer In
From GF-Covina
Recreation Village
Project
$251,952.93 Increase
4600-3900-
55100-P2202
Parks CIP-Park FacBuildings and
Structures-Covina
Recreation Village
Project
$251,952.93 Increase

Resolution CC 2025-84 Page 2 of 2
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 15th day of July, 2025.

City of Covina, California
BY:

VICTOR LINARES, 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 2025-84 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of July, 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 3
Meeting: July 15, 2025
Title: Resolution Approving Submission of an Application to the Land Water Conservation Fund Grant Program to Facilitate the Covina Recreation Village Pedestrian Bridge/Access Facility Project
Presented by: Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Daniella Andrade, Sr. Management Analyst
Recommendation: Adopt Resolution CC 2025-80.

EXECUTIVE SUMMARY:

The City continues to pursue external funding opportunities, including grant awards, to advance various City-led projects and initiatives. For the Covina Recreation Village Project, staff have identified the Land and Water Conservation Fund (LWCF) grant program as a potential source to support the City’s long-standing goal of constructing a pedestrian bridge that would connect the Village across the rail tracks to the Covina Town Center.

This component of the project has already secured partial funding totaling approximately $1.1M through the LA County Regional and Open Space District (RPOSD) “Land Acquisition Only Grant” and Municipal Measure W funds for acquisition. Additionally, staff are actively working to secure a $3M federal funding award awarded through congressionally directed spending to support both the design of the bridge and the construction of the adjacent pathways. Moving forward, steps are being taken to identify and secure gap funding for construction costs associated with the project. As part of the LWCF grant application process, staff recommends that the City Council adopt Resolution CC 2025-80, authorizing the submission of a grant application to the LWCF program in support of the pedestrian bridge project and ensure the application's completeness.

In addition to this grant application, staff are also monitoring other potential funding sources to support the bridge project including the California Transportation Commission’s Local Partnership Competitive Program, the LA County RPOSD “Recreation Access” Competitive Program and their “Regional, Recreation Facilities, Multi Use Trails and Accessibility” program, all of which are anticipated to open their call for projects between late 2025 and early 2026.

FISCAL IMPACT:

This action does not have an impact on the general fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2025-80

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND THE RECREATION PARK BRIDGE

ACCESS PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

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

SECTION 1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Recreation Park Bridge Access Project.

SECTION 2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

SECTION 3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.

SECTION 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

SECTION 6. Appoints the City Manager, or designee, as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

Resolution CC 2025-80 Page 2 of 2
APPROVED and PASSED this 15th day of July, 2025.

City of Covina, California
BY:

VICTOR LINARES, 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 2025-80 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of July, 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 4
Meeting: July 15, 2025
Title: Second Amendment to Professional Services Agreement with CIR, Inc.

Presented by: Brian Lee, Deputy City Manager/Community Development Director Nicole Giles, Management Analyst
Recommendation: Approve Second Amendment to Professional Services Agreement with CIR, Inc.

EXECUTIVE SUMMARY:

The City utilizes a combination of in-house personnel and external contract services for the provision of building inspection and plan check services. Since 2017, CIR, Inc. has performed as an integral contributor in providing responsive services to residents, developers and the business community. As such, it is recommended that the City Council consider authorizing the second of two one-year extension terms available under the existing agreement with CIR, Inc. and increasing the not-to-exceed compensation by Five Hundred Twenty-Five Thousand Dollars ($525,000) for a total amount not to exceed Two Million One Hundred Twenty-Five Thousand Dollars ($2,125,000).

DISCUSSION:

The Building and Safety Division current staffing level consists of two (2) full-time classifications (Deputy Community Development Director and Management Analyst) and one part-time administrative intern. Like other cities, a hybrid model is used for the provision of services, with in-house staff resources that are supplemented by professional expert consultant services. This model is beneficial to the City as contract services are utilized based on demand and are funded by user fees.

The City has utilized the professional services of CIR since 2017 for assistance with plan check, permitting and inspection services currently consisting of two (2) on-site building inspectors and one on-site permit technician.

Under its agreement, this model ensures sufficient staff coverage and provides benefit with next-day inspections and appropriate plan check turnaround times. The model also provides for great flexibility – as demand increases with larger limited-term projects, the City is able to scale up quickly without the need to bring aboard ongoing staff resources that remain longer-term. Examples of this include CIR’s assistance with plan check and inspection services for larger projects like the Melia Homes 97-unit Development at 1000 N Azusa Ave., the Trumark 75-unit Development at 747 N Barranca Ave., and the US Storage Center at 529 Cutter Way, among others. CIR has maintained an excellent track record with the city of Covina for providing reliable, quick, and customer friendly plan check, permitting, and inspection services. Approving the amendment would ensure that the Building & Safety Division offers reliable and efficient services to the community.

FISCAL IMPACT:

Pursuant to the PSA with CIR fees for plan check are collected by the City, with CIR receiving 55% of the collected fee for comprehensive plan check (i.e., structural, electrical, mechanical, etc.) and 50% for structural only. Compensation for inspection, plan check and permit technician services is included in the 2025-2026 Fiscal Year operating budget with $125,000 allotted for Plan Check/Inspection (10104100-51560) and $400,000 allotted for Consulting Fees (10104100-51005).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This action is not a “project” as defined by Section 15378 of the State of California Environmental Quality Act (“CEQA”) as it does not have the potential to result in physical change in the environment directly or indirectly.

Respectfully submitted,

ATTACHMENT A

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT (“AGREEMENT”) FOR ON-SITE BUILDING AND

SAFETY STAFFING AND OFF-SITE PLAN REVIEW SERVICES
BETWEEN THE CITY OF COVINA AND CIR, INC.

THIS SECOND AMENDMENT is hereby entered into as of July 15, 2025, by and between the city of Covina, a municipal corporation (hereinafter referred to as “City”) and CIR, Inc., (hereinafter referred to as “Consultant”), a California Corporation, with respect to that Agreement for On-Site Building and Safety on-site staffing and off-site plan review services between the parties dated January 17, 2023. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

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

A. On January 17, 2023, the City and Consultant entered into that Professional Services Agreement for on-site building and safety staffing and off-site plan review services for a compensation amount not to exceed $930,000.

B. On November 19, 2024, the City and Consultant amended the Agreement to increase the compensation in the amount of Six Hundred and Seventy Thousand Dollars ($670,000) for a new total compensation amount not to exceed One Million Six Hundred Thousand Dollars ($1,600,000) and extend the term of agreement to June 30, 2025.

C. The parties now desire to amend the agreement and increase the cumulative compensation in the amount of Five Hundred Twenty-Five Thousand Dollars ($525,000) for a new total compensation amount not to exceed Two Million One Hundred Twenty-Five Thousand Dollars ($2,125,000) and extend the term of agreement to June 30, 2026 to allow for continued Building and Safety staffing and plan review services to the end of the 2025/2026 fiscal year.

2. Section 1 of the Agreement entitled “Term of Agreement” is hereby amended to read as follows:
“The term of this Agreement shall be from the Effective Date through June 30, 2026”

3. Section 2 of the Agreement entitled “Compensation” is hereby amended to read as follows:
“As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Two Million One Hundred Twenty-Five Thousand Dollars ($2,125,000) (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.”

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

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

City of Covina, CIR Incorporated,
a California municipal corporation a California corporation By: ______________________________ By: ____________________________ Victor Linares, Mayor Ian Nicholas, CFO
By: _____________________________
Name: ___________________
ATTEST: Title: ____________________
_________________________________
Fabian Velez
Chief Deputy City Clerk

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: July 15, 2025
Title: Trash Enclosure Project – Covina Police Department – Project No. P2604 – Award of Contract to FS Contractors, Inc. in the Amount of $113,000 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Trash Enclosure Project – Covina Police Department – Project No. P2604;

2. Award a contract for the Trash Enclosure Project – Covina Police Department – Project No. P2604 to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $113,000 and authorize the City Manager to execute the contract;

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

4. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc for Construction Management & Inspection Services for an amount not-to-exceed $35,000 and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY/BACKGROUND:

As part of the City’s Fiscal Year 2025-2026 Capital Improvement Program, the City Council approved a project entitled, “Trash Enclosure Project – City Wide”, which consists of the installation of a new trash enclosure at the northeasterly end of the Covina Police Department, adjacent to Heritage Plaza.

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

The Department of Public Works requested informal proposals from five companies approved for On-Call Services for Maintenance and Repair of City Facilities. City staff subsequently received the following two (2) proposals:

Rank Bidder Location Total Base Bid Amount
1 FS Contractors, Inc. Sylmar, CA $113,000
2 Green Giant Landscape, Inc. La Habra, CA $128,700
3 Gentry Brothers, Inc. Irwindale, CA No Response
4 GM Sager Construction Co, Inc. Pomona, CA No Response Staff reviewed all bid documents for completeness and concluded that FS Contractors, Inc. is the lowest responsive and responsible bidder to perform the construction of this project. FS Contractors, Inc. has satisfactorily completed projects for the City of Covina including the Downtown Trash Enclosure Project – Phase IV, Alleyway Resurfacing Project and the Traffic Calming Improvements Project – Workman Avenue and 2nd Ave Stop Sign Installation.

FISCAL IMPACT:

A funding amount of $150,000 has been allocated in the City’s approved Fiscal Year 2025-2026 Capital Improvement Program Budget for the Trash Enclosure Project – Covina Police Department – Project No. P2604 from Environmental Funds.

Funding Amount Account
Environmental $150,000 6200-5580-55200-P2604
Total $150,000

PROJECT EXPENSES
Description Amount
Base Bid (FS Contractors, Inc.) $113,000
Contingency Allowance $2,000
Total Contract Amount $115,000
Construction Management & Inspection Services (CEJ Engineers, Inc.) $35,000 Total Fiscal Impact $150,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

ATTACHMENT B

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 15, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to construction of the Trash Enclosure Project – Covina Police Department – Project No. P2604.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of One Hundred and Thirteen Thousand Dollars ($113,000) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

3. Contractor’s Work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Method of Payment.

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

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

11. Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

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

If to City: If to Contractor:

Attn: Engineering Division Jose Angel Fierros, President City of Covina FS Contractors, Inc
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

FS Contractors, Inc.
a California Corporation
By:

Name: Jose Angel Fierros
Title: President
By:

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

EXHIBIT A

SCOPE OF WORK

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

TRASH ENCLOSURE PROJECT – COVINA POLICE DEPARTMENT – PROJECT NO. P2604
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT D

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

WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

TRASH ENCLOSURE PROJECT – COVINA POLICE DEPARTMENT – PROJECT NO. P2604
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 15, 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 Trash Enclosure Project – Covina Police Department – Project No. P2604.

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 Thirty Five Thousand Dollars ($35,000) (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.

ATTACHMENT C

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be 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

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 July 3, 2025

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR TRASH ENCLOSURE PROJECT P2604
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

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

Respectfully Submitted,
Joaquin Cervantes, P.E.

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

INSPECTION SERVICES FOR TRASH ENCLOSURE PROJECT P2604 CM AND INSPECTION Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the paving project as indicated on Contract documents to commence on or about July 2025. Scope of project: new trash enclosure and new striping. The major tasks include the following:

Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

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

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

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

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

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

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

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

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

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

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

INSPECTION SERVICES FOR TRASH ENCLOSURE PROJECT P2604 CM AND INSPECTION Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $35,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Trash Enclosure Project
JOB NO: SUMMARY PROPOSAL FEE
DATE: 07/02/25
LABOR Task 1 CONSTRUCTION INSPECTION SERVICES
Class Position/Name Subtotal
B Construction Management and Inspection $35,000
Time Estimation based on a 30-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $35,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

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 ____________________________________

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: July 15, 2025
Title: Certification of 2025 Sewer System Management Plan (SSMP) for the City of Covina’s Sanitary Sewer System
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Adopt Resolution CC 2025-90 Certifying and Approving the Sewer System Management Plan.

2. Accept and certify the 2025 Sewer System Management Plan (SSMP) for the City of Covina’s Sanitary Sewer System and direct City staff to upload and certify the SSMP within the California Integrated Water Quality System Portal.

EXECUTIVE SUMMARY/BACKGROUND:

On May 2, 2006, the California State Water Resources Control Board (SWRCB) adopted Water Quality Order 2006-0003, requiring all public agencies that own sanitary sewer collection systems greater than one mile in length to comply with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems. The WDRs are the regulatory standards for agencies that own or operate sanitary sewer collection systems that collect and/or convey untreated or partially treated wastewater to a publicly-owned treatment facility. The ultimate goal of the WDRs is to reduce the frequency and volume of sanitary sewer overflows (SSOs) by requiring cities to properly operate, maintain, and manage their wastewater collection system.

The three major components to the WDRs, namely that agencies affected by the regulations must abide by are:
 Prohibit and Report SSOs to the SWRCB;
 Develop and implement a system-specific SSMP; and
 Monitor and update the SSMP no less frequently than every five years.

The City’s last Sewer System Management Plan (SSMP) recertification was approved and adopted by the City Council on December 16, 2014, and later updated again in December 2019 to reflect infrastructure improvements during that time and to provide staffing updates within the Department of Public Works. The City is required to update the SSMP in order to be compliant with the current mandate from Water Quality Order 2006-0003 and update the SSMP every 5 years.

On December 6, 2022, the State Water Resources Control Board adopted a new Order 2022-0103-DWQ outlining updated requirements for public agencies, which went into effect beginning June 4, 2023. The new order requires each agency upload and certify its SSMP Update or current SSMP to their online CIWQS Sanitary Sewer System Database to continue regulatory coverage from the previous Order. Under the new Order, the City is required to submit an updated SSMP by August 2, 2025.

DISCUSSION:

On December 17, 2024, the City Council authorized a Professional Services Agreement with Willdan Engineering to assist the City in updating its Sewer System Management Plan Audit & Update and to comply with Statewide General Waste Discharge for Sanitary Sewer Systems Pursuant to State Water Board Order 2006.

The SSMP is a written document that conveys the manner in which an entity’s sewer system is operated, maintained, repaired, and funded. The SSMP sets forth goals and actions to be followed, and guidelines for various activities involved in managing, operating, maintaining, and expanding the sewer system. Moreover, it outlines how to minimize the occurrence of SSOs and how to properly respond to SSOs whenever they occur, including SWRCB reporting requirements that must be adhered to each time. Lastly, the SSMP must be updated periodically for effectiveness no less than every five years with the expectation that each wastewater collection system agency develops and implements a suitable SSMP that is updated as needed.

The 2025 SSMP is being presented to the City Council for certification. All SSMPs within the State must address the following 12 elements:

1. Goals

2. Organizational Structure

3. Legal Authority

4. Operations and Maintenance Program

5. Design and Performance Provisions

6. Spill Emergency Response Plan

7. Sewer Pipe Blockage Control

8. System Evaluation, Capacity Assurance, and Capital Improvements

9. Monitoring, Measurements, and Program Modifications

10. SSMP Internal Audits

11. Communication Program

12. Final Certification
The City’s 2025 SSMP attached hereto as Attachment A fully addresses the aforementioned elements required by the General Order. Upon acceptance and certification by the City Council, the SSMP will be uploaded to the CIWQS portal before the August 2, 2025, deadline.

FISCAL IMPACT:

There is no fiscal impact associated with City staff’s recommendation. The adoption of the SSMP drives many of the required sewer system maintenance activities conducted by the Department of Public Works – Sewer Division; nonetheless, the 2025 Plan does not increase the volume of maintenance activities already incorporated into the FY 2025-2026 Adopted Budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

SEWER SYSTEM MANAGEMENT PLAN
For The
City ofCovina
in
Los AngelesCounty,California
WDID: 4SSO10379
2025 Update Prepared By:

Willdan Engineering
2401 East Katella Avenue, Suite 300
Anaheim, CA 92806
July 15, 2025

ATTACHMENT A

TABLE OF CONTENTS
Abbreviations / Acronyms
Definitions
Executive Summary
Chapter 1 – Introduction

1.1 Regulatory Context

1.2 Sewer System Management Plan Update Schedule

1.3 Sewer System Asset Overview

1.4 Goals and Actions
Chapter 2 - Organization

2.1 Management

2.2 Authorized representative

2.3 City’s responsibilities

2.4 Organization Chart and Responsibilities

2.4.1 Organization chart for the City’s Sewer System Management Plan

2.4.2 Description Responsibilities

2.4.3 Key Support Units

2.4.4 Chain of Communication for Spill Reporting

2.4.5 Spill Reporting Procedures Flow Chart for City/SMD

2.4.6 City’s Contact Directory for Spill Responding and Reporting Chapter 3 - Legal Authority

3.1 Statutory Authority

3.1.1 Authority to prohibit illicit discharges into the sewer system

3.1.2 Authority to require sewers and connections be properly designed and constructed

3.1.3 Authority to ensure access for maintenance, inspection, or repairs

3.1.4 Authority limiting discharge of FOG and other debris that may cause blockage

3.1.5 Authority to enforce a violation of sewer ordinances

3.1.6 Authority to fund operations & maintenance of the sewer system

3.1.7 Authority to obtain easement accessibility agreements for locations requiring sewer system operations and maintenance.

3.1.8 Authority to collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure.

Chapter 4 - Operation and Maintenance Program

4.1Preventive Maintenance Program

4.1.1 SO&M Mapping System

4.1.2 Sewer Line, Manhole and Pump Station Inspection

4.1.3 Drop Manholes, Gas Trap Manholes and Siphons

4.1.4 Sewer Line Cleaning

4.1.5 Vermin and Rodent Control

4.1.6 Work Scheduling and Documentation

4.1.7 Operating Revenues

4.2Rehabilitation and Replacement Plan

4.2.2 Identification and Prioritization of System Deficiencies

4.2.3 Short- and Long-Term Rehabilitation Action Plans

4.3 Equipment Maintenance and Replacement Policy

4.4 Training for Field Operations Personnel and Contractors Chapter 5 - Design and Performance Provisions

5.1 Design and construction standards and specification

5.2 Procedures and standards for inspection and testing Chapter 6 - Spill Emergency Response Plan

6.1 Overflow Response Procedure

6.1.1 Regulatory Agencies Notification and Time Frame

6.1.2 Field Response, Report Protocol and Forms

6.1.3 Procedure to ensure staff and contractors are aware and appropriately trained to follow Emergency Response Plan

6.1.4 Procedures to address emergency operations such as traffic and crowd control and other necessary response activities

6.1.5 Program to eliminate or minimize discharge of spills into Waters of the United States
Chapter 7– Sewer Pipe Blockage Control Program

7.1 Public education and outreach program

7.2 Disposal methods for FOG generated within the system service area

7.3 The legal authority to prohibit discharges to system and identify measures to prevent spills and blockages caused by FOG

7.4 Requirements to install grease removal devices, design standards, maintenance criteria, BMP’s, record keeping and reporting requirements

7.5 Authority to inspect grease producing facilities, enforcement authorities & evidence of adequate staffing to inspect and enforce FOG ordinance

7.6 Cleaning schedule for identified FOG prone sewer segments

7.7 Source control measures developed and implemented for “Hot Spots”

7.8 Some BMPs for Fats, Oils, and Grease
Chapter 8 - System Evaluation, Capacity Assurance, and Capital Improvements

8.1 System Evaluation

8.2 Design Criteria

8.3 Adequate Capacity

8.4 Prioritization of Corrective Actions

8.5 CIP Schedule

Chapter 9 - Monitoring, Measurement, and Modifications Program

9.1 Maintenance of Information

9.2 Monitoring of Implementation and Program Effectiveness Evaluation

9.3 Program Modifications

9.4 Spill Trends

9.4.1 Spill Data
Chapter 10 – SSMP Program Audit and Certification

10.1 SSMP Program Audit

10.2 SSMP Certification

10.3 SSMP Modification and Re-certification
Chapter 11 - Communication and SSMP Availability

11.1 Communication

11.2 SSMP Availability

APPENDICES
Appendix A Waste Discharge Requirements (Order No. 2022-0103-DWQ) Appendix B
Appendix C
Vacant
Vacant
Appendix D Agency WDR Application (NOI)
Appendix E Inventory of Sewer Maintenance Equipment
Appendix F Location Map, Delivery Map and Sewer Quantities Appendix G Inventory of Sewer Collection Facilities by SMZ’s Appendix H Sewer Line “Hot Spots” Log (Maintenance & Structural) Appendix I
Operational Costs – 2020-2025 and Capital Improvement Projections – 2025-2030
Appendix J 2019 CCTV Condition Assessment Report, Structural Defect Map and Maintenance Defect Map
Appendix K Spill Emergency Response Plan
Appendix L Sewer System Capacity Evaluation
Appendix M Policies for Managing Available Sewer Capacity Appendix N Summary of Maintenance Productivity
Appendix O
Appendix P
Spill Data – August 2021- August 2024

ABBREVIATIONS / ACRONYMS
APWA American Public Works Association
BAT Best Available Technology
BMP Best Management Practice
CADD Computer Aided Design Drafting
CAL-OSHA California Occupation, Safety and Health Administration.

CCTV Closed - Circuit Television
CIP Capital Improvement Plan or Program
CIWQS California Integrated Water Quality System
CMC Covina Municipal Code
CWEA California Water Environment Association
DPW Department of Public Works
FOG Fats, Oil, and Grease
FSE Food Service Establishment
GIS Geographical Information System
I/I Infiltration / Inflow
LACSD Los Angeles County Sanitation District
LRO Legally Responsible Official
PC Plumbing Code
MMS Maintenance Management System
NOI Notice of Intent
OES Office of Emergency Services
RWQCB Regional Water Quality Control Board
SMZ Sewer Maintenance Zone
SO&M Sewer Operations & Maintenance
SSMP Sewer System Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
WDID Waste Discharge Identification
WDR “Waste Discharge Requirements” - Statewide General

DEFINITIONS
Blockage or Stoppage – A build up of debris in the main sewer line or lateral, which obstructs the flow of wastewater and allows the waste flow to back up behind the blockage, sometimes causing an overflow.

California Integrated Water Quality System (CIWQS) – A statewide database that provides for mandatory electronic reporting as required in State and Regional Water Boardissued waste discharge requirements.

Geographical Information System (GIS) – A computerized database linked with mapping, which includes various layers of information used for asset management purposes. A GIS typically contains base information such as streets and parcels. Examples of information contained in sewer system GIS files can include: a sewer main map, sewer features such as pipe location, diameter, material, condition, age, last date cleaned or repaired, and links to pictures or video inspections.

Infiltration/Inflow (I/l) – Infiltration is generally extraneous subsurface water that enters the sewer system over long periods of time, such as groundwater seepage through joints, cracks and manhole structures. Inflow is generally extraneous surface waters that enters the system during a storm or flooding event, such as through manholes, illicit drain connections or other defects in the sewer. While it is impossible to control all I/I, it is highly desirable to reduce I/I when cost-effective.

Lateral (House Connection Sewer) – The portion of sewer that connects a structure (residence or business) with the main sewer line in the street, alley or easement.

Spill – Discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow (SSO), operational failure, and/or infrastructure failure. Sewage and its associated wastewater spilled from a sanitary sewer system may threaten public health, beneficial uses of waters of the State, and the environment.

Wastewater Collection System – All pipelines, pump stations, and other related facilities, upstream of the headworks of the wastewater treatment plant, that convey wastewater from its sources to the wastewater treatment plant.

Waters of the United States (paraphrased from 33 CFR Part 328) – All waters which are used, were used or may be used in interstate or foreign commerce; including interstate wetlands; all other waters such as intrastate lakes, rivers, streams (including intermittent streams), adjacent wetlands, impoundments of water, etc., the use, degradation or destruction of which could affect interstate or foreign commerce; tributaries of waters so identified; and the territorial seas. https://www.federalregister.gov/documents/2023/01/18/2022-28595/revised-definition-of-waters-of-theunited-states

SEWER SYSTEM MANAGEMENT PLAN

FOR THE

CITY OF COVINA

EXECUTIVE SUMMARY
This plan document was prepared in compliance with a formal order issued by the State Water Resources Control Board. A subsequent order was adopted by the SWRCB in 2022 (Order No. 2022-0103-DWQ, herein referred to as General Order, Order, or WDR) and became effective on June 5, 2023. The order requires every owner and operator of publicly owned sewer systems to develop and implement a system specific Sewer System Management Plan (SSMP). This plan sets forth goals and actions to be followed, and guidelines for various activities involved in managing, operating, maintaining, repairing, replacing and expanding the sewer system. Chapter 6 describes actions to follow when responding to a spill occurrence within the community, including reporting obligations. There are chapters which describe legal authorities for managing the system, and ministerial actions required in monitoring, auditing, reporting and communicating with the public and regulators.

There are specific requirements for accomplishing public involvement and the reporting and modifying (changing) of the plan. These later requirements are intended to raise public awareness of the hazards associated with spill events and to minimize the occurrence of such events.
▪ The City’s initial plan was approved and certified on July 21, 2009. ▪ The plan is to be monitored and updated no less frequent than every six years. ▪ The plan must be periodically audited for effectiveness, a report compiled and kept on file and such audits must occur no less frequent than every three years. ▪ There are reporting timeframes for both emergency and routine reporting events ▪ The adoption of and any revision to the plan must be accomplished utilizing public notification and public hearing procedures as identified in the plan and order. ▪ Copies of the approved plan must be available for public review, and when requested by the State or Local regulatory agencies copies are to be provided, including any audit reports. These documents must also be uploaded to CIWQS and certified by the City’s LRO.

Two key elements to the successful implementation of this plan are: 1) approved bond funding for design and construction of replacement pipelines for the previously identified capacity deficient pipelines in the sewer system and 2) the continuing CCTV inspection of designated areas within the sewer system to determine further defects that may exist. These actions in concert with the routine maintenance and operation activities will help the City to limit the risk of spill events within the community.

CHAPTER 1

INTRODUCTION

1.1 Regulatory Context
On May 2, 2006 the State Water Resources Control Board (SWRCB) adopted a Statewide General Waste Discharge Requirements (WDR) and Monitoring and Reporting Program by issuing Order No. 2006-0003. The regulations in the Order were born out of growing concern about the water quality impacts of Sanitary Sewer Overflows (spills), particularly those that cause beach closures, adverse effects to other bodies of water or pose serious health and safety or nuisance problems.

Two major components of the WDR are:
(1) the requirement that owners and operators of publicly owned collection sewer systems, a mile long or greater, apply for coverage under the WDR; and, (2) the owners/operators develop and implement a system specific Sewer System Management Plan (SSMP).

In compliance with the first component, the City did file its Notice of Intent (NOI) application form (see Appendix D) with the SWRCB on October 30, 2006. As a result, the City received its Username and Password for accessing the California Integrated Water Quality System (CIWQS) database. Within the database reporting program, the City completed its “collection system questionnaire” and will file all subsequent updates and all required spill reporting.

In compliance with the second component, this document has been prepared to meet the objectives contained in the WDR Order. The document is divided into 11 chapters, which closely align with the respective provisions contained in the WDR. Every section or subsection of each chapter addresses one of the key elements of the SSMP directive.

This version of the SSMP is an update to the original 2009 SSMP, following the 2014 and the subsequent 2019 SSMP Update. It is important to note this update is consistent with the published guidelines by SWRCB and Order No. 2022-0103-DWQ (Appendix A), which was adopted on December 6, 2022, and became effective on June 5, 2023.

This document, with other existing agency programs referenced herein constitute the SSMP for the City of Covina. By implementing the procedures contained in this SSMP, the occurrence of spills should decrease or possibly be avoided throughout the City’s sanitary sewer collection system.

Prior to the 2022 Order’s effective date, the City’s LRO successfully certified the City’s continued regulatory coverage under the WDR in the California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database.

The intent of the WDR is to provide consistent statewide requirements for managing and regulating sanitary sewer systems throughout California. The State Water Board recognized a need to provide this consistent regulatory measure because many of the Regional Water Boards were beginning to implement similar measures inconsistently throughout the State, which was creating confusion in the discharger community. The State Water Board believes that providing a consistent regulatory measure that identifies regulatory expectations and Page 84 of 1383 comprehensive spill data will ultimately yield better collection system management and performance.

There are three major components to the WDR, including:
• Prohibitions;
• Sanitary Sewer Management Plan (SSMP) Elements; and
• Spill Reporting
While there are many other relevant components and findings within the WDR, the major components identified above represent most of the State Water Board’s regulatory expectations for the implementation of the WDR. This regulatory audit is intended to provide an analysis of the current programs and practices within the City of Covina that address the above issues. This document will provide recommendations to ensure the development of appropriate SSMP programs and an appropriate time schedule necessary to comply with the WDR.

1.2 Sewer System Management Plan Update Schedule
*Per Section 5.5 and Attachment E1, Section 3.11 of General Order, Plan updates are due within six years after the required due date of the Enrollee’s last Plan Update. **Per Section 5.4 and Attachment E1, Section 3.10 of the General Order, the Audit Report is due within six months after the end of the required audit period.

1.3 Sewer System Asset Overview
The City was incorporated August 1901, is currently 7.0 square miles in area and serves a population of approximately 48,728 people in 2023 per the United States Census. The City is located in the County of Los Angeles where it is bordered to the south by the City of West Covina, to the east by the City of San Dimas, to the west by unincorporated Los Angeles County and to the north by the Cities of Azusa and Glendora. The City’s sanitary sewer collection system is managed by the City’s Public Works Department, with the FY 2024-25 budget for system operation, maintenance and administration of approximately $2,022,414.

The City utilizes several systems for sewer data management including the GoGov software system for managing maintenance activities as well as the Computer-Aided Design and Drafting (CADD) System and Geographical Information System (GIS) for mapping.

The collection system consists of about 120.5 miles of gravity sewer lines, one (1) pump station, and 2,666 manholes. The City has one (1) infiltration basin located at Covina Skate Park that diverts stormwater to the sanitary sewer system. There are approximately 12,000 residential, 780 commercial, 230 industrial, and 260 institutional/miscellaneous (government owned and school) sewer service connections currently. The City has approximately 85 private properties on septic systems; no other unique boundary conditions and/or challenges SSMP Update Due Dates*
8/2/2025 8/2/2031 8/2/2037 8/2/2043
Audit Due Dates**
End of
Audit
Period
Audit Due
Date
End of
Audit
Period
Audit Due
Date
End of
Audit
Period
Audit Due
Date
End of
Audit
Period
Audit Due
Date
8/2/2024 2/2/2025 8/2/2027 2/2/2028 8/2/2030 2/2/2031 8/2/2033 2/2/2034 Annual Report (due April 1st annually)
Training Programs (Ongoing)

exist in the City.

About 98-percent of flows from these local sewers discharge into the Los Angeles County Sanitation District (LACSD) trunk sewers, throughout the community, for transmission, treatment and disposal. The remaining sewage generated within City is discharged into the adjacent unincorporated areas and City of West Covina sewer systems, which subsequently discharge into LACSD trunk sewers for transmission, treatment and disposal.

Trunk sewers located in the City of Covina are owned by the Los Angeles County Sanitation District for which they are responsible for their operation and maintenance. Local main sewer lines are owned, operated and maintained by the City. Sewer laterals are owned by the property owner and are their responsibility for maintenance.

The sewers are primarily constructed of vitrified clay pipe ranging in size from 6 to 21 inches in diameter. The majority of the existing sewer system was constructed between 1940 and 1980. The City’s sanitary sewer system map can be found in Appendix F of this document.

1.4 Goals and Actions
The goals of this SSMP are:

1. City sanitary sewer collection system facilities are properly operated, maintained and managed to reduce frequency and severity of sanitary sewer overflows (spills) and their potential impacts on public health, safety, and on the environment; and,

2. When a spill occurs, prompt action is taken to identify, contain, remove the cause and then to promptly report the event to appropriate regulatory authorities and that the public is adequately and timely notified; and,

3. All spills and system deficiencies and remedial actions taken are well documented; and,

4. City sewer system operators, employees, contractors, responders, or other agents are adequately trained and equipped to address a spill event; and,

5. City sewer system is properly designed, constructed and funded to provide sufficient capacity to convey base flows and peak flows while meeting or exceeding applicable regulations, laws and generally acceptable practices relative to sanitary sewer system operations and maintenance.

The actions to be taken under the SSMP are:

1. Conduct planned and scheduled maintenance and training programs to minimize risk and the occurrence of spills, in support of the SSMP goals.

2. When spills do occur, respond to the reported site in a timely manner and undertake feasible remedial actions to contain overflow impacts, including stopping the flow from reaching the storm drain or water course, if possible; and,

3. Stop the overflow as soon as possible and limit public access into the overflow area to prevent public contact with any wastewater contamination; and,

contaminated area; and,

5. Gather and compile all pertinent information regarding the overflow event, investigate as necessary to determine probable cause, document findings, report to the appropriate regulatory agencies in a timely manner, and file the completed report; and,

6. Condition all development and capital projects to evaluate, design and construct sewer facilities to the city approved standards and criteria.

2.1 Management

DESCRIPTION OF THE ORGANIZATION
CHAPTER 2
The City has seven (7) positions primarily funded by the sewer fund and involved with the management and operations of the sanitary sewer system. Distribution of the City’s personnel is depicted in the organization chart presented in section 2.4.1 of this plan. These personnel provide engineering evaluation of proposed and existing sewer facilities, administer the City’s sewer service charge ordinance, review and permit new service connections or development projects, maintain facility record plans and administer preventive maintenance and sewer construction programs.

2.2 Authorized Representative
The City’s Director of Public Works is the authorized representative who is responsible for the execution of compliance actions required under the WDR. This includes, but is not limited to, signing and certification of all reports and correspondence as required under the Order.

Rafael Fajardo, Director of Public Works is the City’s designated Legally Responsible Official (LRO).

2.3 City’s Responsibilities
The City successfully applied for coverage under the WDR in October 2006 for all cityowned infrastructure within the City’s sewer system. The City prepared a comprehensive SSMP in 2009 and successfully recertified the SSMP in both 2014 and 2019. The City has fully adopted the applicable codes, local ordinances and resolutions governing the performance of items stipulated in the WDR.

City Departments will play significant roles, jointly and separately, towards attaining the goals of the WDR. The degree of these collaborative efforts will vary from department to department depending on the degree of spill related services the DPW is providing under various agreements.

2.4 Organization Chart and Responsibilities
The organization chart showing the structure and relationships of the City’s administrative, management and field positions relative to sewer operations and maintenance (SO&M) is presented in Section 2.4.1 and the descriptions of responsibilities and support are presented in Sections 2.4.2 and 2.4.3

2.4.1 Organization Chart for the City’s Sewer System Management Plan

2.4.2 Description of Responsibilities
The description of responsibilities or roles of each position especially as related to spills are as follows:
• City Council - Responsible for establishing new and amending existing ordinances and policies governing the municipal operations, and the operations of the city’s sanitary sewer system including the approving of all SO&M contracts and agreements within the community’s interest.
• City Manager – Responsible for the overall management and application of all legal and policy directives that relate to the city’s activities, including the operation and maintenance of the city’s sanitary sewer system.
• Director of Public Works – Directs the accomplishment of statutory and policy criteria, within the scope of the City Council’s policy and legal requirements. Directs its execution, and evaluates work accomplished within his areas of responsibility, including the SO&M program. Also directs the planning, budgeting, design and construction of new and rehabilitation of existing sewage collection systems, and assists with claims and litigations against the City relative to public infrastructure. • City Engineer – Directs engineering and management activities relating to studies, design, investigations, and the preparation of reports, budget and contractual

investigations and reports concerning the sewer infrastructure. • Deputy Director of Public Works – Operations & Transportation - Direct oversight over the day-to-day operations of the sewer system and spills. Streets/Sewer Superintendent reports to the Deputy Director of Public Works – Operations & Transportation. • Streets & Sewer Superintendent - Has oversight of clerical and field operation and maintenance staff. Responsible for the day-to-day management and operation of the public works field and maintenance functions, including the sewer collection system operation and maintenance activities and pump station. Directs emergency sewer repair activities and assists in the formulation of operating policies and procedures. Reports to the Deputy Director of Public Works – Operations & Transportation. • Sewer Maintenance Worker III - Responsible for the oversight, organizing, scheduling and coordination of the street, storm drains, and sewer field maintenance personnel.

Reports to the Streets & Sewer Superintendent.
• Maintenance Crews - These include the Public Works Street Maintenance Workers who are responsible for maintenance activities for public streets, right-of-way’s, storm drains and the sanitary sewer collection system including collection line cleaning, and manhole and pump station maintenance. Responsible for spill response during normal business hours and after-hours (evenings and weekends). They also perform other activities as needed. Reports to the Sewer Maintenance Worker III. • Public Works Manager – Engineering & Capital Improvement - Assist in the preparation of the SO&M budgets and accounting, Council and other required reports, and other correspondence. Reports to the Director of Public Works.

2.4.3 Key Support Units
Other Divisions or Departments within the City, and specific contracted services, are currently and will continue to be responsible for carrying out some of the compliance actions called for by the WDR for the City. The key support units and their responsibilities are described below:
• Public Works Department - Responsible for procuring equipment and as needed contract services for emergency sewer repair projects, printing and mailing of public education outreach program materials, and for procuring material and supplies needed for the day to day operation and maintenance activities. Staffing the SO&M function and training of personnel. Also responsible for investigating spill related claims and litigations against the City.
• Finance Department - Responsible for receiving and recording sewage related fees and charges, tracking expenses attributable to the sewer system, evaluating the relationship of revenues vs expenses for the sewer system, facilitating and tracking any emergency related expenses incurred and participating in the annual audit of the sewer system operations and maintenance functions.
• Building and Safety Division - Responsible for reviewing various building permit applications and their relationship to public easements and facilities. • Code Enforcement Division - Responsible for the enforcement of the Health and Safety Codes regarding waste disposal such as the FOG program, point source control Page 90 of 1383 inspection of industrial and commercial waste and grease generating facilities, and investigation of cases of illicit discharge of chemicals, debris, etc. into the public sewer system. Also enforcement of the Plumbing Codes involving proper connection and discharge into the public sewer system and the maintenance of sewer laterals between the structure served and the public sewer collection main. • Engineering Division - Responsible for preparing plans and specifications for sewer construction and rehabilitation projects, and the administration of contracts for accomplishing such projects and emergency sewer repair projects. Also responsible for subdivision or development project plan checks to ensure compliance with the City’s standards for construction of new sewer collection systems. Plan checks sewer capacity studies to size proposed sewer lines and sets requirements to ensure adequate capacity in existing systems. Prepares easement documents or identifies and procures access rights for public sewer facilities located within private properties. Issues permits for sewer connections and laterals.
• L.A. County Fire Department - Responsible for assisting with protecting the public during a spill event that expands into high use public travel ways and/or those that reach storm drains or water courses and spread the public risk to health and safety impacts.
• Police Department - Responsible for operating the Emergency Operation Center for the entire City including handling after-hours service calls reporting spills, and pump station malfunction calls and forwarding those reports to the DPW.

2.4.4 Chain of Communication for Spill Reporting
The chain of communication for reporting spills, from receipt of a complaint or other reliable information source to reporting to appropriate regulatory agencies, is presented in section 2.4.5 below. The City’s contact directory for communicating with both internal and external parties involved in responding and reporting a spill event is in section 2.4.6. The spill emergency response plan will be discussed in detail in Chapter 6 of this document.

2.4.5 Spill Reporting Procedures Flow Chart for City/SMD

2.4.6 City’s Contact Directory for Spill Responding and Reporting Responsible Party Name Telephone
After Hrs. or
Cell Phone Email
City Manager Chris Marcarello 626-384-5409 [email protected] Director of Public
Works/City Engineer Rafael Fajardo 626-384-5489 626-533-0228 [email protected] Deputy Director of Public
Works – Operations &
Transportation
Raphael Guillen 626-384-5523 [email protected]
Deputy Director of
Community
Development/Building
Official
Robert Fisher 626-384-5464 626-833-0214 [email protected] Public Works Manager –
Engineering/Capital
Improvement
Michael Flores Jr. 626-384-5482 [email protected]
Streets/Sewer
Superintendent Hugo Guerrero 626-384-5222 626-705-6300 [email protected] Street Maintenance Worker
III Markece Peco 626-384-4350 626-523-4350 [email protected] Sewer Crew Stand-by 626-221-0866
Police Department Dispatch 626-384-5808 626-384-5808
Fire Department Battalion Commander 626-974-8331 626-974-8331 LA Co. Health Department 213-974-1234 213-974-1234
LA Co. Flood Control
District 626-445-7630 800-675-4357
R.W.Q.C.B. (Region 4) 213-576-6600 213-305-2253
State O.E.S. 800-852-7550 800-852-7550
Ocean Blue Environmental
(Contracted Emergency Responsible
Provider for Sewer Overflow
Remediation)
800-990-9930 800-990-9930

CHAPTER 3

LEGAL AUTHORITY

3.1 Statutory Authority
Pursuant to the California Government Code, Sections 37100 and 54350, the City Council, as the local legislative body, may by ordinances and resolutions make and enforce all rules and regulations necessary for the administration of the City’s SO&M plan. Such actions include, but are not limited to, the design, construction, cleaning, repair, reconstruction, rehabilitation, replacement, operation, maintenance, discharges into, blockage of, access to, and violation enforcement pertaining to the sanitary sewers within the City’s System. Consistent with the law, several ordinances have been established by the City Council to govern all aspects of the SO&M plan. The legal authorities for the specific areas stipulated in the WDR are discussed below.

CMC, Section 14.10.010 entitled “California Plumbing Code adoption by reference” adopted the California Plumbing Code, edition 2016, as the Plumbing Code of the City of Covina.

3.1.1 Authority to prohibit illicit discharges into the sewer system CMC, Section 13.50.010 entitled “Adoption of the sanitary sewer and industrial waste code of the county of Los Angeles” incorporates by reference the “Prohibited discharges” in Title 20, Chapter 20.36 regarding the various illicit discharges to the public sewer system of the city, including storm water, surface drainage, chemicals, flammables, corrosive substances, oil, grease, solids, debris, etc., that might cause damage, clog, obstruct, necessitate or require excessive repair or cleaning of the sanitary sewer system. Similar restrictions are also contained in the Plumbing Code, Chapters 7 and 11.

3.1.2 Authority to require sewers and connections be properly designed and constructed CMC, Section 13.50.010 entitled “Adoption of the sanitary sewer and industrial waste code of the county of Los Angeles”, and CMC, Section 13.50.160 entitled “Materials and construction – Conformity with standards”, incorporate by reference the Title 20 provisions that constitute the criteria for design and construction of sanitary sewers within the City. The construction of a sewer facilities requires a permit that must conform to Title 20, Chapter 20.36, Part I.

3.1.3 Authority to ensure access for maintenance, inspection, or repairs CMC, Section 13.50.010 entitled “Adoption of the sanitary sewer and industrial waste code of the county of Los Angeles” incorporates by reference the “Access provisions” of Title 20, Chapter 20.24 requiring access for inspection and maintenance to the public sewer system.

CMC, Section 13.50.040 entitled “Maintenance of sewers and laterals” requires that all house laterals, industrial connection sewers, septic tank outlet connections to STEP system, and appurtenances thereto shall be maintained by the owner of the property served in a safe and sanitary condition, and all devices or safeguards which are required by this chapter for the operation thereof shall be maintained in good working order. Similar requirements are in the

adopted Plumbing Code.

CMC, Chapter 1.08, entitled “Right of Entry for Inspection”, provides for the entrance on to property or into a building for the purpose of a reasonable and necessary inspection pursuant to this Section and other applicable city codes.

3.1.4 Authority limiting discharge of FOG and other debris that may cause blockage CMC Section 13.50.244 provides the Building Official (or other Authorized Authority) with legal authority to require installation of interceptors (clarifiers) where waste flow conditions necessitate the proper handling of the liquid waste stream flow to protect the sewer system and the public (commonly at food service establishments, processing facilities, industrial facilities, etc., that generate grease, oil, grit, acids, alkaline or flammable wastes). This authority would apply at any facility that generates FOG in an amount that will damage or otherwise increase the maintenance costs of the wastewater collection system. See Section 3.1.1 above for related prohibitions on discharges to the wastewater collection system

3.1.5 Authority to Enforce any Violation of Sewer Ordinances CMC Sections 1.16.010 and 1.16.015, entitled “General Penalty-Violations”, provides for a statutory proceeding for misdemeanor action filing. CMC Sections 1.20.020, entitled “Authority to arrest and issue citations; Section 1.26.050, entitled “Issuance of administrative citation”; and Section 1.28.010, entitled “Enforcement” define the authority to both issue notifications to correct, as well as enforce provisions of the City Code, including any violations of the codes pertaining to the City’s wastewater collection system.

3.1.6 Authority to Fund the operations & maintenance of the sewer system CMC Sections 13.50.070, 13.50.140, 13.50.250 and 13.50.260 relative to connection charges, charges for sewer maintenance, basis for levy of charge, and levy of annual service charge amount establishes the basis for a financial plan to ensure operations and maintenance or the capital replacement or rehabilitation of the community sewer system.

3.1.7 Authority to obtain easement accessibility agreements for locations requiring sewer system operations and maintenance.

CMC, Section 13.50.010 entitled “Adoption of the sanitary sewer and industrial waste code of the county of Los Angeles” incorporates by reference the “Sewer easement requirements” of Title 20, Chapter 32.430 and CMC, Section 13.50.110 entitled “Sewer easement processing fees” provides for the authority to obtain easement accessibility agreements for sewer system operations and maintenance.

3.1.8 Authority to collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure.

When spills occur within the City’s jurisdiction, the City has direct contact and coordinates with Los Angeles County Flood Control District for emergency response and access. With regards to preventing the unintentional cross connections of sanitary sewer infrastructure, the City works with the Los Angeles County Flood Control District during its permitting process.

The Codes, standard plans, specifications and other materials cited in this chapter are filed at the office of the City Clerk and the office of the Director of Public Works. The City of Covina Municipal Code can be found online at the following link: Page 95 of 1383 https://www.codepublishing.com/CA/Covina/.

CHAPTER 4

OPERATION AND MAINTENANCE PROGRAM

4.1 Preventive Maintenance Program
The City’s preventive maintenance program consists of scheduled inspections of the sewer system manholes and pipes, pump station, pipeline cleaning, identifying problem indicators, needed repairs, and recording of maintenance activity. This program is designed and carried out to detect and correct potential problems before they develop into major problems. These activities are accomplished by city personnel.

The SO&M services are provided from a central maintenance service yard, which islocated at 534 North Barranca Avenue. From the city maintenance yard, efficient maintenance activities, including timely response to a spill or other emergency situation, are resourced and managed.

The City’s central office and each maintenance crew vehicle is radio equipped and crew leaders, supervisors and managers also carry cell phones for timely communications. Other equipment resourcesinclude: moderate and light construction equipment, pumps, generators, trucks and trailer mounted equipment and supplies and various types of safety equipment.

The following is a summary of the key preventive maintenance activities and where applicable, frequencies for these services have been included:

4.1.1 SO&M Mapping System – The City maintains “as-built” plans of the sewer facilities. Data on these plans, such as location, alignment, pipe material, size, etc. are stored in the drawing file system at City Hall. Overall sewer system information (generated in a CADD file) has been printed to map sheets. These maps have been distributed to the City’s DPW and its street and sewer field crew, for reference, work scheduling, for responding to emergencies and to other assisting agencies as needed. Periodic updates of these maps are scheduled and requested by the DPW when it is necessary to reflect changes in the system.

The DPW has converted CADD mapping files to a Geographical Information System (GIS). This has resulted in a sewer mapping system that includes features and attributes such as pipe location, diameter, material, condition, last date cleaned or repaired, flow direction, etc. The system typically contains base information such as streets and parcels. This GIS data base linked with mapping includes various layers of information such as the storm drain system, regional trunk sewer lines, video inspection data, water system etc. for use by the DPW and other departments.

A map showing the sewage delivery points to non-city systems (LACSD trunks or other agencies), is presented in Appendix ‘F’. An inventory of wastewater collection system facilities, listed by total number, total length and point of discharge within each SMZ is presented in Appendix ‘G’.

4.1.2 Sewer Line, Manhole and Pump Station Inspection – On an as needed basis sewer lines can be mirrored to assess a potential problem. CCTV inspection city-wide will be scheduled every five years to assess the condition of all pipes/segments. The next CCTV cycle will be scheduled in 2030 as city-wide inspection was completed in 2025.

Today’s CCTV technology and tools digitize analog video output from the inspection camera on the fly while being recorded and displayed on a computer monitor used by the inspecting camera crew. While the video is being captured, a crew member views and logs events such as defects and observations using standard Pipeline Assessment and Certification Program (PACP) event codes. The digital video inspections files are transferred to an external hard drive and/or DVD disks for storage and subsequent reference use.

The inspection of manholes, interior and lid area, are performed two and a half timesper year to identify any structural defects, sewage flow condition, presence of vermin or rodents, deleterious industrial waste, odors and any signs of unusual settlement around the manholes and along joining sewer alignments. The existing pump station is equipped with an alarm system and is inspected daily. Pumps and motors are lubricated, control mechanisms and valves are checked and adjusted as necessary, and equipment is repaired or modified as needs indicate. Smart Cover systems were installed at the pump station and one residential street, Oak Tree Lane that has had multiple spills to provide staff with advance notice of a potential overflow to prevent spill occurrences.

4.1.3 Drop Manholes, Gas Trap Manholes and Siphons – Where these facilities exist, they are inspected and cleared of stoppages and flow restrictions on variable frequencies based on prior inspection records, but no less frequent than monthly.

4.1.4 Sewer Line Cleaning -- Sewer lines are typically cleaned by hydro jet or mechanical root cutting (rodding). The frequency of cleaning and inspection is based on inspection records and/or call-outs on reported complaints, but city-wide cleaning and inspection is accomplished three times per calendar year. Sewer lines known to accumulate FOG, garbage grinds or other grit or have root intrusions are labeled maintenance “Hot Spots” (See Appendix ‘H’) and are put on a daily, weekly, monthly or quarterly cleaning schedule. Pipe segments prone to root growth are periodically cleared using a chemical herbicide or root cutter. Those prone to accumulate FOG are periodically cleaned using caustics, surfactants, enzymes, microbes or high-pressure jetting.

4.1.5 Vermin and Rodent Control -- Sewersinfested by insects are chemically treated. Those infested by rodents are baited.

4.1.6 Work Scheduling and Documentation - Most work orders are generated and tracked through the GoGov software system. Maintenance activities are recorded in various forms such as service requests, cleaning reports, sewer maintenance daily reports, manhole adjustments, overflow report forms etc. and are filed at the Public Works Services Center offices located at 534 North Barranca Avenue.

4.1.7 Operating Revenues – Key to supporting a sound preventative maintenance program are the receipt of funds sufficient to support scheduled maintenance activities as described above. Shown in Appendix ‘I’ are the recent and projected fiscal years revenues generated within the city service area based on current sewer service charge rates and total number of sewage units.

4.2 Rehabilitation and Replacement Plan
Sewer facilities assessment and rehabilitation are an integral part of the City’s SO&M program.

A summary of recent years background of city capital improvement activities, a plan to identify and prioritize system deficiencies (condition assessment), and the programming of short-term and long-term rehabilitation projects and related funding development for those capital improvement projects are discussed below.

4.2.1 Recent Years CIP Activities - In August of 2020, the City received an updated Sewer Master Plan. Of the 106.4 miles of sewer modeled, 1.46 miles (1.22%) of the system was identified as being capacity deficient. The seven (7) deficient segments were ranked using age and maintenance records. Then the ranked projects, to overcome the deficiencies, were recommended at an estimated funding need of $2,751,773. 2019 CCTV city-wide inspection data is contained in Appendix J, J-1 and J-2 where PACP codes for categories 3, 4, and 5 pipes/segments are illustrated on sewer structural defect and sewer maintenance defect maps. Total number of PACP rated deficient segments are listed in Appendix J, along with criteria used to capture sewer condition assessment data.

The City completed a number of Capital Improvement Projects within FY 2019-2024 including the Sewer Line Installation Project Zone 10 (2020), Sewer Rehabilitation Project (2020), City-Wide Manhole Adjustment Project (2021, 2022, 2023), Sewer Relief Line Project (2021 - Badillo St from 4th Ave to Hollenbeck Ave), and Sewer Relief Line Project (2022 - San Bernardino Road from 2nd Ave to 3rd Ave).

4.2.2 Identification and Prioritization of System Deficiencies – Nearly all sewer pipelines within the City are made of vitrified clay and range in diameter from 6-inches to 21-inches. Sewer pipes in the original township area were probably constructed in the 1930’s with the majority of the City’s sewers being installed between the 1940’s and 1980’s. This results in a current sewer system age ranging from 30 years to 75 years old. As the sewer collection system continues to age, the risk of failure also increases. The types of failure or risk include: deterioration collapse, blockage, overflow, excessive inflow and infiltration, and other potential service disruptions.

In an effort to manage these challenges and to improve reliability of the City's sewer infrastructure, the DPW implements a Condition Assessment Program. This program involves a digital recording and structural rating of the community’s entire sewer system over a ten-year time period. The assessment system comprises of two parts: 1) a CCTV recording team gathers digital and video data for each pipe segment and manhole within the City’s system; and, 2) engineers in the office generate reports and manage a database with the gathered information which can be incorporated with a mapping and reporting system for regular use in managing the

sewer system.

The 2025 city-wide CCTV inspection data will be used to prioritize deficient sewer segments for Capital Improvement Projects (CIP) scheduled for Fiscal Years 2025- 2030.

4.2.3 Short- and Long-Term Rehabilitation Action Plans – In 1983, the City Council established Chapter 13.69 of the CMC wherein the sanitary sewer service charge for services and facilities is described. Clearly a portion of that charge could be used for Capital Improvement Projects (CIP) to finance sewer rehabilitation within the city system.

As previously described, the recently completed city-wide CCTV inspection and evaluation activity will be a key factor in the scheduling of any rehabilitation project. Those sewer segments previously inspected and evaluated will be scheduled for corrective action as funding is made available in the budget to perform the work.

Since 2005, 1.57 miles of sewer pipelines have been rehabilitated by lining or reconstruction. Rehabilitation of remaining deficient pipe segments and manholes are or will be scheduled as identified and can be completed within the next 10 to 20 years as need and available funding allow. Budget amounts for current and future CIP projects are identified in Appendix I.

In addition, as deteriorated lines are discovered during preventive maintenance activities, these locations are either immediately repaired by force account, use of emergency contractors or added into the list of future CIP projects.

4.3 Equipment Maintenance and Replacement Policy
The City has a comprehensive equipment maintenance program. Equipment is regularly checked, adjusted, repaired or replaced as necessary. Those major fixed assets are replaced when they meet or exceed the City's established fixed assets replacement criteria based on age, mileage, hours of use, repair history, safety, etc. Replacement of or additions to the major assets are done through the annual budget process of the City. A complete inventory of the SO&M equipment is presented in Appendix E.

4.4 Training for Field Operations Personnel and Contractors The SO&M personnel and the Public Works inspectors attend structured collection system training classes or seminars given by other agencies including California Occupational, Safety and Health Administration (CALOSHA), California Water Environment Association (CWEA), Los Angeles County Sanitation District (LACSD), etc. Topics covered include spill volume estimation, spill emergency response procedures, and an outline of the requirements of the Order.

The Public Works staff also utilize free webinars from DKF Solutions Group on a consistent basis to stay abreast of current trends and refresh field operations staff on maintenance operations. This is to keep them informed of the latest information in the industry on how to safely and efficiently carry out their tasks. In addition, Public Works staff attend National Pollutant Discharge Elimination System (NPDES) and Workplace Violence Prevention Training. The City also utilizes informal training approaches, such as tailgate meetings, monthly safety meetings and apprenticeship training program from higher level staff which are tracked in Appendix N – Summary of Maintenance Productivity. Page 100 of 1383 Additionally, only companies with well trained and experienced personnel are considered for emergency spill mitigation or sewer construction and rehabilitation work.

CHAPTER 5

DESIGN AND PERFORMANCE PROVISION

5.1 Design and construction standards and specification The City utilizes the County of Los Angeles, Department of Public Works, Sewer Division standards plans and specifications along with other referenced Standard Plans and Specifications for the construction of sanitary sewers and appurtenances to ensure that sewer lines and connections are properly designed and constructed. The City’s project specifications usually incorporate by reference the Standard Plans and Specifications for Public Works Construction (“Greenbook”) plus written Special Provisions and Technical Provisions. In addition, the City has other publications such as the Los Angeles County Department of Public Works Private Contract Sanitary Sewer Procedural Manual and the Guidelines for the Design of Pump Stations etc. to ensure consistency in the design of wastewater collection systems within the City. To further assure that sewer facilities are properly designed and constructed, the City requires that plans be designed by licensed engineers and provides thorough review of plans prior to approval for construction and inspection activities.

5.2 Procedures and standards for inspection and testing The City provides inspection for the installation of new and rehabilitation of deteriorated public sewer facilities within the City’s jurisdiction. Inspectors are well trained in pipeline and pumping station construction; they attend training classes and educational seminars to stay familiar with advancements in the industry. The inspectors are also provided with adequate tools and materials to perform their jobs, including the project specific Construction Plans and Specifications, the Standard Specifications and Standard Plans for Public Works Construction and the Public Works Inspector’s Manual and reporting forms. The City also requires the preparation and submittal of "Record Drawings" of each as-constructed and completed project prior to final approval and acceptance of the project as public infrastructure.

The SO&M policy also requires that all new or rehabilitated pumping stations be inspected by experienced electro-mechanical inspectors prior to acceptance for maintenance by the City.

Also, required for all new and rehabilitated sewer lines, that they be video camera inspected and the video record reviewed by City’s personnel prior to acceptance of a completed project.

CHAPTER 6

SPILL EMERGENCY RESPONSE PLAN

6.1 Spill Response Procedure
The City provides 24-hour emergency services to investigate and act upon reports or complaints related to problems in the sewer system. Personnel are available 24-hours each day of the year to receive and act on any calls or automated alarms related to problems such as spills. During business hours, emergency calls are received by the operator, who will call and dispatch the nearest sewer maintenance crew to the problem site. For after hour emergencies, the Police Department dispatcher will contact the ‘On-call’ sewer maintenance worker, in the order listed on the emergency home telephone list. The on-call worker who receives the emergency call will investigate the complaints and take appropriate action, including immediate dispatch of a standby crew with necessary equipment to take care of the problem, or refer the call to other agencies if the problem is found to be under another’s jurisdiction. These spill reporting procedures are presented in a flow chart in Chapter 2.

The City’s detailed Spill Emergency Response Plan is included as Appendix K of this document. Annually, the City will review and assess the effectiveness of the Spill Emergency Response Plan and update it as necessary.

As prescribed by the City’s BMPs and contained in the SO&M spill response instruction manual (Appendix K), the crew responding to an spill emergency is required to stop the spill, contain it as much as possible, limit access to the contaminated area, and ensure that the facility or area is cleaned up and returned to normal operation. Residents or businesses in the immediate vicinity of the spill are to be informed of the cause of the problem and the remedial action taken.

The Los Angeles County Health Department is notified of all spills and if the spill reaches a surface water or the storm drain system and was not captured; or exceeds 1,000 gallons that did not discharge to a surface water, the Regional Water Quality Control Board and the State Office of Emergency Services are notified. The Los Angeles County Flood Maintenance District (LACFMD) is notified of all overflows that discharge into the storm drain system. The role of LACFMD is to assist in tracing and capturing the spill as much as possible before it reaches the Waters of the United States. The agencies to be notified, method and time frame for notification, the phone/fax numbers of the agencies are presented in Section 6.1.1. The relevant data about the spill such as location, volume, agencies notified, etc., is recorded in field report forms (see section 6.1.2) and later stored in the computer. All field personnel are trained to be conversant with these procedures and to accurately report of spill incidents.

The SO&M time goal on responding to emergencies, such as spills, floodouts, or serious stoppages/blockages, is less than 10 minutes during business hours and 30 to 45 minutes after hours.

6.1.1 Regulatory Agencies Notification and Time Frame
Spill
Category
Type or
Description
Agencies to be Notified Type of notification and time frame Telephone/Fax
ASAP, but no later than
2 hours afterspill
awareness
Written Report/*Online
Database
1 A spill of any
volume that
discharges to
surface water,
a drainage
conveyance, or
channel and
was not
captured.

LA County Health Department
LA Flood Maintenance
Division
State Office of Emergency
Services
Regional Water Quality
Control Board
State Water Resources Control
Board
213-974-1234-Bus. &
After Hrs
626-445-7630-Bus. Hrs
800-675-4357 (24/7)
800-852-7550 (24/7)
Bus. Hrs
213-576-6600
After Hrs
213-305-2253
N/A
2-Hour Notification:

Regulatory Agencies (Cal OES)
must be notified within two hours
of ANY discharge of sewage
(untreated/partially treated) to a
surface water or drainage channel
(that is not fully captured and
returned to sewer).

Within 3 Business Days of
Notification: Enter draft report in
CIWQS.

Within 15 Calendar Days of
Conclusion of
Response/Remediation: Must be
certified by LRO using CIWQS.

Within 45 Calendar Days of
Conclusion of
Response/Remediation: Submit
Spill Technical Report for spills
50,000 gallons or greater.

Within 90 Calendar Days of
Conclusion of
Response/Remediation: Submit
Amended Certified Spill Report
(if necessary).
2 A discharge
that is greater
than 1,000
gallons that did
not discharge
to surface
water.

LA County Health Department
LA Flood Maintenance
Division
State Office of Emergency
Services
Regional Water Quality
Control Board
State Water Resources Control
Board
213-974-1234-Bus. &
After Hrs
626-445-7630-Bus. Hrs
800-675-4357 (24/7)
800-852-7550 (24/7)
Bus. Hrs
213-576-6600
After Hrs
213-305-2253
N/A
2-Hour Notification:

Regulatory Agencies (Cal
OES) must be notified within
two hours of ANY discharge of
sewage (untreated/partially
treated) 1,000 gallons or
greater.

Within 3 Business Days of
Notification: Enter draft report
in CIWQS.

Within 15 Calendar Days of
Conclusion of
Response/Remediation: Must
be certified by LRO using
CIWQS.

Within 90 Calendar Days of
Conclusion of
Response/Remediation:

Submit Amended Certified

3 A spill that is
less than
1,000 gallons
but greater
than 50
gallons that
does not
discharge to
surface water.

LA County Health Department
State Water Resources Control
Board
213-974-1234-Bus. &
After Hrs
N/A
Within 30 days past the end
of the month in which the
spill occurred: Submit
certified report.

Within 90 Calendar Days of
Conclusion of
Response/Remediation:

Submit Amended Certified
Spill Report (if necessary).
4 Less than 50
gallons, from
or caused by a
sanitary sewer
system that
does not
discharge to
surface water.

LA County Health Department
State Water Resources Control
Board
213-974-1234-Bus. &
After Hrs
N/A
Within 30 days past the end
of the month in which the
spill occurred: Submit
certified report.

By February 1 after the end
of the calendar year in which
the spill occurred: Submit
certified report, in acceptable
electronic format, of all
recordkeeping of spills.

Private
Lateral
Spill
A discharge
from a
privatelyowned lateral.

LA County Health Department
State Water Resources Control
Board
213-974-1234-Bus. &
After Hrs
N/A
Within 30 days past the end
of the month in which the
spill occurred: If reporting,
enter into CIWQS as a
“Private Lateral Sewage
Discharge” and identify
responsible party, if known.

Must be certified by LRO
using CIWQS.

N/A
No spill in a
calendar month
State Water Resources Control
Board
N/A Within 30 days past the end
of the month: Certify “NoSpill” certification statement.

The LRO or designee must
report using CIWQS
.

6.1.2 Field Response, Report Protocol and Forms
Appendix ‘K’, the Spill Emergency Response Plan, describes the procedures and reporting activity to be accomplished during an actual spill event in the physical setting in which it occurs.

Corrective actions and reporting guides are described and an investigation and reporting format are included for reference use.

6.1.3 Procedure to ensure that staff and contractors are aware of and are appropriately trained to follow Emergency Response Plan
The SO&M Emergency Response Plan is available to key personnel who are responsible for managing or responding to spills. Copies of the City’s instruction manuals are available to field crews and engineers at the office who manage or have the role of preparing spill reports to regulatory agencies. The experience of the Contractors' emergency response team plays a very important part in the selection process during the selection of the City’s as needed Emergency Contractors.

6.1.4 Procedures to address emergency operations such as traffic and crowd control and other necessary response activities.

The SO&M field personnel and employees of the emergency response contractors who are retained for spill responses are well trained in traffic and crowd control. The City’s vehicles are well equipped with traffic and crowd control tools, including orange traffic control cones, yellow tape, flashing lights, orange uniforms, first-aid supplies, etc.

6.1.5 Program to eliminate or minimize discharge of spills into Waters of the United States The SO&M personnel and emergency contractors' crews are properly trained on methods and procedures to prevent or limit the amount of spill into Waters of the United States and how to mitigate their impacts. Some of the methods include the use of sand bags to contain spills, absorbent tube socks to prevent spill discharge into storm drain catch basins, and the use of vacuum trucks to suck up contained spills and dump effluent back into the collection system at other safe locations. SO&M personnel have the reduction of response time for spill as one of the major goals. Reducing response time would significantly limit the amount of spills that reaches the Waters of the United States.

CHAPTER 7

SEWER PIPE BLOCKAGE SOURCE CONTROL PROGRAM

7.1 Public education and outreach program
City proactively reaches out to users of its sewer system regarding the community’s FOG source control program. Information on proper disposal of FOG and other spill prevention measures, including installation of grease traps, backwater valves, sewer lateral maintenance, etc. is disseminated through publication of quarterly articles in newsletters, and notices with business license renewals, on a usual schedule. These notifications provide descriptions of grease control efforts that can be undertaken by homeowners and businesses alike.

Additionally, the DPW utilizes personal contacts with home and business owners, by its field crews and the code enforcement inspectors, as conditions warrant. These methods are usually effective in relaying information on proper disposal of FOG and other spill prevention methods to the community.

Additionally, other effective ways to communicate with the public have been implemented including the expanded use of the City's home web page to offer FOG information and the dissemination of FOG information during inspections by the City's contracted environmental inspector. Exchanges of outreach information between agencies is another beneficial tool.

The bilingual posters developed by the Los Angeles County Sanitation Districts (LACSD) for direct distribution to FSE is an available BMP tool for training and reminding those who work with FOG producing products. The LACSD has also developed a training program available to agency personnel on methods to control grease discharges in order to prevent spills. For LACSD’s FOG Training available to local cities, contact (562) 699-7411 x 2907, and information, documents and guidelines are available on the LA CSD website at https://lacsd.org
FOG in the local sewer system can be a prime contributor to a spill and its corresponding health and safety impacts. Related health and safety issues can also result from the discharge of pharmaceuticals and pesticides into the sanitary sewer system. Although not usually a causative factor in sewer overflows, these chemicals can be toxic and have disruptive environmental and biological effects. Discharges of such chemical compounds into the sewers should also be avoided and addressed in the education and outreach program. “No drugs or household pesticides down the drain”, is a compatible health and safety advisory.

7.2 Disposal method and schedule for FOG generated within the system service area Solidified FOG, found in the public sewer system during regular scheduled cleaning operations or clearing of a blockage, is trapped, collected and taken to an available local rendering company, qualifying dump bin (site) or to the Joint Water Pollution Control Plant (JWPCP), in the City of Carson, operated by LACSD. All solid debris (FOG, roots, grit, etc.) collected from the system are taken to permitted FOG disposal facilities such as a land fill or the JWPCP. FOG in liquid form is flushed down by hydro jetting to designated treatment facilities for disposal.

7.3 The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages caused by FOG.

The legal authority to prohibit illicit discharges (e.g. FOG, etc.) into the sewer system is discussed in Chapter 3 of this document. Requiring grease interceptors at FSE to prevent the discharge of grease to the public sewer system and educating the public on proper disposal methods for FOG are also discussed in this chapter. Discharges from industrial classification facilities are usually controlled under the terms of an industrial wastewater discharge permit, which is issued and monitored by the local sewering agency.

7.4 Requirements to install grease removal devices, design standards, maintenance, BMP’s, record keeping and reporting requirements.

The City Building Official and/or City Health Officer is authorized to monitor and enforce the terms of the Plumbing Code and the Public Health Code, respectively. This includes domestic waste disposal from residential and commercial facilities. The City Code prohibits the discharge of "any material which may create a public nuisance, or menace to the public health or safety, or which may pollute underground or surface waters, or which may cause damage to any storm-drain channel or public or private property.” The DPW is charged with reviewing, permitting and inspecting the existing seventeen (17) industrial waste facilities that discharge into the City’s wastewater collection system.

Pretreatment devices are required for industrial waste generating facilities, including restaurants and other FSE. Grease removal devices are required to be designed per the PC, Chapter 10, approved, installed and operated in a manner to control discharges of FOG into the sanitary sewer system. Such devices are also to ensure that connected facilities do not create nuisances or menaces to the public peace, health or safety hazards, or adverse impacts on the public sewerage system, soil, underground and/or surface waters. If there is a FOG related problem associated with an industrial waste permit, City will take enforcement action against the permittee.

If during inspection of the sanitary sewer system, SO&M personnel determine that a FOG related problem exists and is traceable to a domestic sewage source of such character that is not satisfactory, under the City Code, pretreatment could be required or the discharge required to be eliminated. Domestic waste containing FOG can lead to spills which are public nuisances, and California Health and Safety Code Division 5, Part 3, Chapter 6, Article 2 can also be used to impose appropriate domestic sewage discharge requirements.

The effectiveness of any grease removal devices are dependent upon their routine maintenance and monitoring/inspection for conformance with its intended purpose. Regular inspection and maintenance activity logging with quarterly reporting are required.

7.5 Authority to inspect grease producing facilities, to enforcement, and evidence of adequate staffing to inspect and enforce the FOG ordinance.

As discussed in chapter 3 of this document, the City has legal authority to inspect and enforce the local FOG ordinances. City has adequate staff to conduct inspections of the few pre- treatment facilities at the permitted FSE connected into the city sewer system. The City utilizes contract staff to conduct FOG inspections on an annual basis. The funding mechanism now in place allows for increases in permit and other service charges if necessary to hire additional staff.

7.6 Cleaning schedule for identified FOG prone sewer segments Experience has shown that FOG contributes to about 50% of the total spill events that occur Page 109 of 1383 in a community sewer system. The remaining 50% is usually attributable to root intrusion into the system and other structural causes. As indicated in Chapter 4 of this document, FOG prone sections of City’s collection system, otherwise called "hot spots,” are identified during routine maintenance operations and investigation of stoppages resulting in a spill event.

These “hot spots” are typically cleaned by hydro jetting and rodding or cutting if roots are encountered. Those portions of the system found to have persistent FOG problems are inspected and cleaned more frequently, depending on the magnitude of the problem.

Furthermore, segments of the collection system with persistent FOG problems are referred to the DPW for additional evaluation and corrective actions.

7.7 Source control measures developed and implemented for “hot spots” Each “hot spot” cause and condition are not the same. For each identified problem location, the means of effective maintenance is noted on the respective “hot spots” list for review and regular follow-up action by the sewer maintenance crews. The activities can be amended as needed.

7.8 Some BMP’s for Fats, Oils, and Grease
Examples of BMP’s for local application are on the following pages.

Some Best Management Practice (BMP) for Fats, Oils, and Grease Residual fats, oils and grease (FOG) are by-products that food preparation and food service establishments and automotive service facilities and machine shops must constantly manage.

Typically, FOG enters a facility’s plumbing from wash sinks and floor drains during daily operations. Sanitary sewer systems are not designed or equipped to handle accumulating FOG on the interior of sewer collection system pipes due to unmanaged – unmaintained discharges.

Keeping FOG materials out of the plumbing system, by reasonable methods, is an important factor. The following are suggestions for proper FOG management:

Bulk or Dry Clean-Up
• Practice bulk and dry materials cleanup before using wet methods that use water.
• Remove bulk or other solid food and
grease laden substances into a
suitable container before rinsing or
washing the initial containers or
surfaces that will drain into the
plumbing system.
• Keep drain screens in place and fully
serviceable to avoid clogging drains
or accumulating FOG or grit on the
interiors of pipes.
• Do not pour grease, fats, or oils down
the drain nor place food scraps in the
drain.
• Use food grade paper to soak up oils
and grease and dispose of
appropriately.
• Use paper towels to wipe down
surfaces and work areas. Cloth
towels require washing and thereby
introducing FOG back into the drains.
• Success of bulk or dry clean-up is
dependent upon the behavior of
individuals and their access to tools
and materials for use in removing
bulk and dry materials before
washing.

Spill Prevention
• Preventing spills reduces the amount
of waste that will require clean-up.
• A dry surface work place is safer for
everyone in avoiding slips, trips and
falls.
• Capture bulk or dryer materials and
place them into an appropriate
container.
• Empty containers before they are full
to avoid spills.
• Cover any FOG container before
transporting to the rendering storage
container.
• Provide employees with proper tools
to transport materials without
spilling.

Maintenance
• Whatever method(s) are being used to
collect, filter and store FOG, ensure
that equipment is regularly
maintained.
• Employees should be aware of and
trained to perform correct and
scheduled cleaning procedures.
• A daily and weekly maintenance
schedule is highly recommended.
• Contract with a responsible service
company to regularly and thoroughly
clean larger components and spaces
requiring specialized equipment and
skills (e.g. large hood filters, hot
tanks, floor drain pipes, specialty
tools).
• Smaller and less complex elements
can be cleaned by hand by the user

(e.g. small hood filters, counter/bench
tops, sinks, storage areas, daily tools).
• Skim/filter fryer grease daily and test
the oil to determine when change is
necessary. Build-up of carbon
deposits on the bottom of the fryer
acts as an insulator that forces the
fryer to heat longer, thus causing the
oil to break down sooner. This
extends the life of both the fryer and
the oil.
• Avoid discharging fryer oil into a
drain or grease trap, but dispose into
a rendering container for transport to
a rendering company.
• Cleaning intervals depend upon the
type of product being prepared and
the typical deposition of materials
experienced. The larger the volume
produced and deposits incurred, the
more frequent the cleaning. This may
warrant setting up a system of high
use, high deposition work to be done
in certain equipment that is cleaned
more frequently than others to
confine maintenance efforts.

Grease Traps and Interceptors
• For grease traps and interceptors to
be effective, the units must be
properly sized, constructed and
installed in a location to provide an
adequate retention time for settling
and accumulation of the FOG.
• For information on properly locating,
constructing and sizing grease traps
and interceptors, contact the local
governmental agency and examine
EPA guidance documents and UPC
criteria.
• Ensure all grease-bearing drains
discharge to the grease
trap/interceptor.
• No toilet or shower waste should be
plumbed to the trap/interceptor
Oil and Grease Collection/Recycling and
Food Donations
• FOG consists of commodities that if
handled properly can be treated as a
valuable resource.
• Some rendering companies will offer
services free-of-charge and other will
give a rebate on the materials
collected. Contact local rendering
representative for specific
information and details.
• Use only covered rendering barrels
and make sure all drain screens are
installed.
• Use a 3-compartment sink for ware
washing. Begin with a hot pre-wash,
then a scouring detergent wash, then
a hot rinse. Each step should be
trapped to capture non-emulsified
FOG.
• Donations can reduce disposal costs.

Ensure that edible food is not washed
or flushed down the drain. Edible
food waste may be donated to a local
food bank. Inedible food waste can
be collected by a garbage feeder that
will use discards for feeding
livestock.

CHAPTER 8

SYSTEM EVALUATION,CAPACITY ASSURANCE, AND CAPITAL

IMPROVEMENT PLAN

8.1 System Evaluation
To assess the adequacy of the existing sewer system, an updated hydraulic evaluation of the entire city sewer system was performed in 2020. The resulting report and recommended improvements are contained in Appendix ‘L’ along with various funding alternatives.

8.2 Design Criteria
CMC Chapter 13.50 forms the foundation upon which the DPW is given the legal responsibility for ensuring sound, logical and functional design of the public sewer infrastructure. The Code defines terms, establishes fees, sets out provisions for enforcement and maintenance, and sets the basis of design standards for sewers. For specifics on design and performance provisions, refer to Chapter 5.

8.3 Adequate Capacity
The City’s Engineering Division is the first line of defense in ensuring that the public sewer infrastructure is adequately planned, sized, correctly designed and easily maintainable. DPW legal authority to perform this important task is set forth in the multiple documents discussed in Chapter 3 and as detailed below.

For any new or expanded sewage discharges, the City requires completion of a sewer capacity study, by a registered engineer, prior to giving approval for projects that can affect the capacity of the public sewer system. The completed study will analyze the capacity in the existing system and will set forth mitigation requirements for the applicant to ensure adequate capacity. The study will also justify the sizing of proposed lines to accommodate the peak flows from all areas tributary to the mainline sewer under consideration or pumping station, now and in the future.

The approved capacity study is referenced directly by the City’s plan checker when design plans for the new infrastructure are submitted to assure adequate capacity. All proposals for new connection to existing sewer must also comply with the DPW's policies for managing available sewer capacity (Appendix ‘M’).

8.4 Prioritization of Corrective Actions
The results and findings of the system evaluation and capacity assessments will be used to implement corrective actions to improve the efficiency of the sanitary sewer system and prevent future spills. This information will also inform the CIP schedule and applicable projects.

Conditions assessments as described in Chapter 4 of this document will also be used to prioritize correction actions. The City will prioritize the corrective actions based upon the severity of the consequence of the potential spill.

8.5 CIP Schedule
Operational costs for Fiscal Years 2020-2025 and Capital Improvement Projections for FY 2025-2030 are contained Appendix ‘I’. The City’s Capital Improvement is discussed in detail in Chapter 4 of this document.

CHAPTER 9

MONITORING, MEASUREMENT, MODIFICATION PROGRAM

9.1 Maintenance of Information
Audit findings and relevant data on all work done in the implementation and execution of the SSMP program shall be documented and maintained in the DPW filing system. Data will be used in preparing the monthly Summary of Maintenance of Productivity (See Appendix ‘N’).

This information is used in the evaluation of the effectiveness of the overall program as well as the establishment and prioritization of SSMP activities.

9.2 Monitoring of Implementation and Program Effectiveness Evaluation The effectiveness of the program shall be monitored and tracked through the City Performance Measure Indicators (See Appendix ‘O’) of key activities to minimize spills.

These include:
▪ total number of spills
▪ total number equal to or greater than 1000 gallons discharged or reaching the Waters of the United States
▪ spill response time
▪ reduction in repeated incidents of spills at the same location ▪ reduction in number of spills caused by flows exceeding the capacity of the collection system.

9.3 Program Modifications
Based on the above monitoring or performance evaluations, the SSMP program elements will be updated or modified as necessary.

9.4 Spill Trends

9.4.1 Spill Data
The causes of spills are recorded in Appendix ‘O’. This data is used for establishing spill patterns, identifying hot spots as indicated by repeat spill, and for scheduling work assignments and providing information on spill activities.

CHAPTER 10

SSMP INTERNAL AUDITS

10.1 SSMP Program Audit
The City will conduct periodic internal audits and prepare a report, at a minimum of every three years. The audit will focus on evaluating the operational and cost effectiveness of the SSMP as well as the City’s compliance with all elements of the SSMP. This will include:
▪ Identification of any deficiencies in the SSMP
▪ Steps taken to correct any identified deficiencies
▪ Management plan to prevent spills
▪ Notes of interviews with key responding personnel and any contractors utilized ▪ Notes of operational observations, especially of each spill event ▪ Notes on related equipment inspections
▪ Identify Sewer System Management Plan deficiencies in addressing ongoing spills and discharges to waters of the State;
▪ Identify necessary modifications to the Sewer System Management Plan to correct deficiencies. ▪ Findings of all reviews of related records
The Enrollee shall submit a complete audit report that includes:
• Audit findings and recommended corrective actions;
• A statement that sewer system operators’ input on the audit findings has been considered; and
• A proposed schedule for the Enrollee to address the identified deficiencies.

The most recent report of the audit must be kept on file in the Office of the City Clerk, the DPW office and at the field maintenance yard site. Copies of the audit report shall also be available upon request by the involved regulators and stakeholders.

10.2 SSMP Certification
The SSMP shall be presented to the City Council and noticed public at a public hearing.

Subsequent SSMP approval must also be considered and acted upon at a public meeting. Once it is approved, the City’s LRO must certify its approval in compliance with the WDR requirements, including completion of the certification portion in CIWQS.

10.3 SSMP Modification and Re-certification
The SSMP must be updated every six years to keep it current. When significant amendments are made to any portion or portions of the SSMP, it must be noticed and resubmitted to the City Council for approval and re-certification. The re-certification shall be in accordance with the certification process described in section 10.2 above.

CHAPTER 11

COMMUNICATION PROGRAM

11.1 Communication
The City will provide all stakeholders and interested parties, the general public and other agencies, with status updates on the development, implementation, and update of the SSMP and consider comments received from them. The City will utilize media such as quarterly newsletter, billing insert, special brochures, annual reports, notices in newspapers, and the City’s home web page for conveying this information.

The City’s procedures for communication with the public for spills and discharges are included in the Spill Emergency Response Plan (see Appendix ‘K’). The Spill Emergency Response Plan provides instructions for communicating with the public when spills result in closure of public areas or enter a source of drinking water. All spills, regardless of quantity, which reach receiving waters, impact groundwater, or endanger public health or the environment require immediate telephone notification of the County Department of Health Services, which is responsible for beach postings and closures and other forms of public notification deemed necessary to protect the public health.

11.2 SSMP Availability
Copies of the SSMP will be maintained in the City offices of the Library, City Clerk, the City Engineer and the Director of Public Works and at each SO&M field yard sites, with applicable summaries, reports and notices posted on the City’s home web page. The adopted document shall also be made readily available to the Regional Water Quality Control Board (Region No. 4) representatives upon request and to the operators of any collection system or treatment facility downstream of the City’s sanitary sewer system.

APPENDICES
Appendix A ……….. Waste Discharge Requirements (Order No. 2022-0103-DWQ) Appendix B………… Vacant
Appendix C………… Vacant
Appendix D ……….. Agency WDR Application (NOI)
Appendix E ……….. Inventory of Sewer Maintenance Equipment Appendix F ….…….. Location Map, Delivery Map and Sewer Quantities Appendix G ……….. Inventory of Sewer Collection Facilities by SMZ’s Appendix H ……….. Sewer Line “Hot Spots” (Maintenance & Structural) Appendix I ………... Operational Costs – 2020-2025 and Capital Improvement Projections - 2025-2030
Appendix J …..……... 2019 CCTV Condition Assessment Report, Structural Defect Map, and Maintenance Defect Map
Appendix K ………... Spill Emergency Response Plan
Appendix L ………..

Sewer System Capacity Evaluation
Appendix M ………. Policies for Managing Available Sewer Capacity Appendix N ………. Summary of Maintenance Productivity
Appendix O ……….

Appendix P ………..

Spill Data – August 2021 - August 2024
SSMP Update Change Log

1 STATE WATER RESOURCES CONTROL BOARD
1001 I Street, Sacramento, California 95814
ORDER WQ 2022-0103-DWQ

STATEWIDE WASTE DISCHARGE REQUIREMENTS

GENERAL ORDER FOR SANITARY SEWER SYSTEMS
This Order was adopted by the State Water Resources Control Board on December 6, 2022.

This Order shall become effective 180 days after the Adoption Date of this General Order, on June 5, 2023.

The Enrollee shall comply with the requirements of this Order upon the Effective Date of this General Order.

This General Order does not convey any property rights of any sort or any exclusive privileges.

The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, protect the Enrollee from liability under federal, state, or local laws, nor create a vested right for the Enrollee to continue the discharge of waste.

CERTIFICATION
I, Jeanine Townsend, Clerk to the Board, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the State Water Board on December 6, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
for
Jeanine Townsend
Clerk to the Board

STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER
ORDER 2022-0103-DWQ December 6, 2022
2 Table of Contents

1. Introduction .................................................................................................................... 4

2. Regulatory Coverage and Application Requirements .................................................... 5

2.1. Requirements for Continuation of Existing Regulatory Coverage ....................... 5

2.2. Requirements for New Regulatory Coverage...................................................... 5

2.3. Regulatory Coverage Transfer............................................................................ 7

3. Findings ......................................................................................................................... 7

3.1. Legal Authorities ................................................................................................. 7

3.2. General ............................................................................................................. 11

3.3. Water Quality Control Plans, Policies and Resolutions ..................................... 14

3.4. California Environmental Quality Act................................................................. 16

3.5. State Water Board Funding Assistance for Compliance with Water Board Water Quality Orders ................................................................................................... 16

3.6. Notification to Interested Parties ....................................................................... 17

4. Prohibitions .................................................................................................................. 17

4.1 Discharge of Sewage from a Sanitary Sewer System....................................... 17

4.2. Discharge of Sewage to Waters of the State..................................................... 17

4.3. Discharge of Sewage Creating a Nuisance....................................................... 18

5. Specifications............................................................................................................... 18

5.1. Designation of a Legally Responsible Official ................................................... 18

5.2. Sewer System Management Plan Development and Implementation............... 18

5.3. Certification of Sewer System Management Plan and Plan Updates................ 19

5.4. Sewer System Management Plan Audits .......................................................... 19

5.5. Six-Year Sewer System Management Plan Update.......................................... 21

5.6. System Resilience............................................................................................. 22

5.7. Allocation of Resources .................................................................................... 22

5.8. Designation of Data Submitters......................................................................... 22

5.9. Reporting Certification....................................................................................... 22

5.10. System Capacity ............................................................................................... 23

5.11. System Performance Analysis .......................................................................... 23

5.12. Spill Emergency Response Plan and Remedial Actions ................................... 23

5.13. Notification, Monitoring, Reporting and Recordkeeping Requirements ............. 24

5.14. Electronic Sanitary Sewer System Service Area Boundary Map....................... 26

5.15. Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems ................................................................................... 26

5.16. Voluntary Notification of Spills from Privately-Owned Laterals and/or Systems to the California Office of Emergency Services ..................................................... 27

5.17. Unintended Failure to Report ............................................................................ 27

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3 5.18. Duty to Report to Water Boards ........................................................................ 27

5.19. Operation and Maintenance............................................................................... 27

6. Provisions .................................................................................................................... 27

6.1. Enforcement Provisions .................................................................................... 27

6.2. Other Regional Water Board Orders ................................................................. 30

6.3. Sewer System Management Plan Availability ................................................... 31

6.4. Entry and Inspection ......................................................................................... 31 Table of Attachments
Attachment A – Definitions .....................................................................................................A-1 Attachment B – Application for Enrollment .............................................................................B-1 Attachment C - Notice of Termination.....................................................................................C-1 Attachment D – Sewer System Management Plan – Required Elements ..............................D-1 Attachment E1 – Notification, Monitoring, Reporting and Recordkeeping Requirements .....E1-1 Attachment E2 – Summary of Notification, Monitoring and Reporting Requirements...........E2-1 Attachment F – Regional Water Quality Control Board Contact Information ..........................F-1

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4 1. INTRODUCTION
This General Order regulates sanitary sewer systems designed to convey sewage. For the purpose of this Order, a sanitary sewer system includes, but is not limited to, pipes, valves, pump stations, manholes, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks. A sanitary sewer system includes:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.

Sewage is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.

Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other harmful pollutants.

For the purpose of this General Order, a spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Sewage and its associated wastewater spilled from a sanitary sewer system may threaten public health, beneficial uses of waters of the State, and the environment.

This General Order serves as statewide waste discharge requirements and supersedes the previous State Water Resources Control Board (State Water Board) Order 2006-0003-DWQ and amendments thereafter. All sections and attachments of this General Order are enforceable by the State Water Board and Regional Water Quality Control Boards (Regional Water Boards). Through this General Order, the State Water Board requires an Enrollee to:
• Comply with federal and state prohibitions of discharge of sewage to waters of the State, including federal waters of the United States;
• Comply with specifications, and notification, monitoring, reporting and recordkeeping requirements in this General Order that implement the federal Clean Water Act, the California Water Code (Water Code), water quality control plans (including Regional Water Board Basin Plans) and policies;
• Proactively operate and maintain resilient sanitary sewer systems to prevent spills; • Eliminate discharges of sewage to waters of the State through effective implementation of a Sewer System Management Plan;
• Monitor, track, and analyze spills for ongoing system-specific performance improvements; and
• Report noncompliance with this General Order per reporting requirements.

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5 An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
o greater than one (1) mile in length (each individual sanitary sewer system); o one (1) mile or less in length where the State Water Board or a Regional Water Board requires regulatory coverage under this Order; or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Board or a Regional Water Board requires regulatory coverage under this Order in response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.

For the purpose of this Order, a sanitary sewer system includes only systems owned and/or operated by the Enrollee.

2. REGULATORY COVERAGE AND APPLICATION REQUIREMENTS

2.1. Requirements for Continuation of Existing Regulatory Coverage To continue regulatory coverage from previous Order 2006-0003-DWQ under this General Order, within the 60-days-prior-to the Effective Date of this General Order, the Legally Responsible Official of an existing Enrollee shall electronically certify the Continuation of Existing Regulatory Coverage form in the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. The Legally Responsible Official will receive an automated CIWQS-issued Notice of Applicability email, confirming continuation of regulatory coverage under this General Order. All regulatory coverage under previous Order 2006-0003-DWQ will cease on the Effective Date of this Order.

An Enrollee continuing existing regulatory coverage is not required to submit a new application package or pay an application fee for enrollment under this General Order.

The annual fee due date for continued regulatory coverage from previous Order 2006-0003-DWQ to this General Order remains unchanged.

A previous Enrollee of Order 2006-0003-DWQ that fails to certify the Continuation of Existing Regulatory Coverage form in the online CIWQS database by the Effective Date of this Order is considered a New Applicant, and will not have regulatory coverage for its sanitary sewer system(s) until:
• A new application package for system(s) enrollment is submitted per section 2.2 (Requirements for New Regulatory Coverage) below; and
• The new application package is approved per section 2.2.2 (Approval of Application Package (For New Applicants Only)).

2.2. Requirements for New Regulatory Coverage
No later than 60 days prior to commencing and/or assuming operation and maintenance responsibilities of a sanitary sewer system, a duly authorized representative that

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6 maintains legal authority over the public or private sanitary sewer system is required to enroll under this General Order by submitting a complete application package as specified below and as provided in Attachment B (Application for Enrollment Form) of this General Order.

Unless required by a Regional Water Board, a public agency that owns a combined sewer system subject to the Combined Sewer Overflow Control Policy (33 U.S. Code § 1342(q)), is not required to enroll, under this Order, the portions of its sanitary sewer system(s) that collects combined sanitary wastewater and stormwater.

2.2.1. Application Package Requirements
The Application for Enrollment package for new applicants must include the following items:
• Application for Enrollment Form. The form in Attachment B of this General Order must be completed, signed, and certified by a Legally Responsible Official, in accordance with section 5.1 (Designation of a Legally Responsible Official) of this General Order. If an electronic Application for Enrollment form is available at the time of application, a new applicant shall submit its application form electronically; and
• Application Fee. A fee payable to the “State Water Resources Control Board” in accordance with the Fee Schedule in the California Code of Regulations, Title 23, section 2200, or subsequent fee regulations updates.

The application fee for this General Order is based on the sanitary sewer system’s threat to water quality and complexity designations of category 2C or 3C, which is assigned based on the population served by the system. The current Fee Schedule for sanitary sewer systems is listed under subdivision (a)(2) at the following website:

Fee Schedule (https://www.waterboards.ca.gov/resources/fees/water_quality/).

2.2.2. Approval of Application Package (For New Applicants Only) The Deputy Director of the State Water Board, Division of Water Quality (Deputy Director) will consider approval of each complete Application for Enrollment package.

The Deputy Director will issue a Notice of Applicability letter which serves as approved regulatory coverage for the new Enrollee.

If the submitted application package is not complete in accordance with section 2.2.1 (Application Package Requirements) of this General Order, the Deputy Director will send a response letter to the applicant outlining the application deficiencies. The applicant will have 60 days from the date of the response letter to correct the application deficiencies and submit the identified items necessary to complete the application package to the State Water Board.

2.2.3. Electronic Reporting Account for New Enrollee
Within 30 days after the date of the Approval of Complete Application Package for System Enrollment, a duly authorized representative for the Enrollee shall obtain a CIWQS Sanitary Sewer System Database user account by clicking the “User Registration” button and following the directions on the CIWQS Login Page

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7 (https://ciwqs.waterboards.ca.gov). If additional assistance is needed to establish an online CIWQS user account, contact State Water Board staff by email at [email protected]. The online user account will provide the Enrollee secure access to the online CIWQS database for electronic reporting.

2.3. Regulatory Coverage Transfer
Regulatory coverage under this General Order is not transferable to any person or party except after an existing Enrollee submits a written request for a regulatory coverage transfer to the Deputy Director, at least 60 days in advance of any proposed system ownership transfer. The written request must include a written agreement between the existing Enrollee and the new Enrollee containing:
• Acknowledgement that the transfer of ownership is solely of an existing system with an existing waste discharge identification (WDID) number; • The specific ownership transfer date in which the responsibility and regulatory coverage transfer between the existing Enrollee and the new Enrollee becomes effective; and
• Acknowledgement that the existing Enrollee is liable for violations occurring up to the ownership transfer date and that the new Enrollee is liable for violations occurring on and after the ownership transfer date.

The Deputy Director will consider approval of the written request. If approved, the Deputy Director will issue a Notice of Applicability letter which serves as an approved transfer of regulatory coverage to the new Enrollee.

3. FINDINGS

3.1. Legal Authorities

3.1.1. Federal and State Regulatory Authority
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the waters of the United States (33 U.S.C. 1251). The Water Code authorizes the State Water Board to implement the Clean Water Act in the State and to protect the quality of all waters of the State (Water Code sections 13000 and 13160).

3.1.2. Discharge of Sewage
A discharge of untreated or partially treated sewage is a discharge of waste as defined in Water Code section 13050(d) that could affect the quality of waters of the State and is subject to regulation by waste discharge requirements issued pursuant to Water Code section 13263 and Chapter 9, Division 3, Title 23 of the California Code of Regulations.

A discharge of sewage may pollute and alter the quality of the waters of the State to a degree that unreasonably affects the beneficial uses of the receiving water body or facilities that serve those beneficial uses (Water Code section 13050(l)(1)).

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8 3.1.3 Water Boards Authority to Require Technical Reports, Monitoring, and Reporting Water Code sections 13267 and 13383 authorize the Regional Water Boards and the State Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. Water Code section 13267(b), authorizes the Regional Water Boards to “require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region… or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of water within its region shall furnish, under penalty of perjury, technical or monitoring reports which the regional board requires…In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports and shall identify the evidence that supports requiring that person to provide the reports.” Water Code section 13267(f) authorizes the State Water Board to require this information if it consults with the Regional Water Boards and determines that it will not duplicate the efforts of the Regional Water Boards. The State Water Board has consulted with the Regional Water Boards and made this determination.

The technical and monitoring reports required by this General Order and Attachment E (Notification, Monitoring, Reporting and Recordkeeping Requirements) are necessary to evaluate and ensure compliance with this General Order. The effort to develop required technical reports will vary depending on the system size and complexity and the needs of the specific technical report. The burden and cost of these reports are reasonable and consistent with the interest of the state in protecting water quality, which is the primary purpose of requiring the reports.

Water Code section 13383(a) authorizes the Water Boards to “establish monitoring, inspection, entry, reporting, and recordkeeping requirements… for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.” Section 13383(b) continues, “the state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.”
Reporting of spills from privately owned sewer laterals and systems pursuant to section

5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) of this General Order is authorized by Water Code section 13225(c) and encouraged by the State Water Board, wherein a local agency may investigate and report on any technical factors involved in water quality control provided the burden including costs of such reports bears a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The burden of reporting private spills under section 5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) is minimal and is outweighed by the benefit of providing Regional Water Boards an opportunity to respond to these spills

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9 when an Enrollee, which in many cases has a contractual relationship with the owner of the private system, has knowledge of the spills.

3.1.4. Water Board Authority to Prescribe General Waste Discharge Requirements Water Code section 13263(i) provides that the State Water Board may prescribe general waste discharge requirements for a category of discharges if the State Water Board finds or determines that:
• The discharges are produced by the same or similar operations; • The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general waste discharge requirements than individual waste discharge requirements.

Since 2006, the State Water Board has been regulating over 1,100 publicly owned sanitary sewer systems (See section 3.1.5 (Previous Statewide General Waste Discharge Requirements) of this General Order). California also has a large unknown number of unregulated privately owned sanitary sewer systems. All waste conveyed in publicly owned and privately owned sanitary sewer systems (as defined in this General Order) is comprised of untreated or partially treated domestic waste and/or industrial waste. Generally, sanitary sewer systems are designed and operated to convey waste by gravity or under pressure; system-specific design elements and system-specific operations do not change the common nature of the waste, the common threat to public health, or the common impacts on water quality. Spills of waste from a sanitary sewer system prior to reaching the ultimate downstream treatment facility are unauthorized and enforceable by the State Water Board and/or a Regional Water Board. Therefore, spills from sanitary sewer systems are more appropriately regulated under general waste discharge requirements.

As specified in Water Code sections 13263(a) and 13241, the implementation of requirements set forth in this Order is for the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each Regional Water Board and take into account the environmental characteristics of sewer service areas and hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect water quality, costs associated with compliance with these requirements, the need for developing housing within California, and the need to protect sources of drinking water and other water supplies.

3.1.5. Previous Statewide General Waste Discharge Requirements On May 2, 2006, the State Water Board adopted Order 2006-0003-DWQ serving as Waste Discharge Requirements pursuant to Article 4, Chapter 4, Division 7 of the Water Code (commencing with section 13260) for inadvertent discharges to waters of the State. Order 2006-0003-DWQ prohibited discharges of untreated or partially treated sewage. Order 2006-0003-DWQ also required system-specific management, operation, and maintenance of publicly owned sewer systems greater than one mile in length.

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10 To decrease the impacts on human health and the environment caused by sewage spills, the previous Order required enrollees to develop a rehabilitation and replacement plan that identifies system deficiencies and prioritizes short-term and long-term rehabilitation actions. The previous Order also required enrollees to:

1. Maintain information that can be used to establish and prioritize appropriate Sewer System Management Plan activities; and

2. Implement a proactive approach to reduce spills.

The previous Order required Sewer System Management Plan elements for “the proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management.”
On July 30, 2013, the State Water Board amended General Order 2006-0003-DWQ with Order WQ 2013-0058-EXEC, Amending Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.

Many enrollees of Order 2006-0003-DWQ have already implemented proactive measures to reduce sewage spills. Other enrollees, however, still need technical assistance and funding to improve sanitary sewer system operation and maintenance for the reduction of sewage spills.

3.1.6. Existing Memorandum of Agreement with California Water Environment Association
The California Water Environment Association is a nonprofit organization dedicated to providing water industry certifications, training, and networking opportunities. The Association’s Technical Certification Program provides accredited sanitary sewer system operator certification for collection system operators and maintenance workers.

On February 10, 2016, the State Water Board entered into a collaborative agreement with the Association titled Memorandum of Agreement Between the California State Water Resources Control Board and the California Water Environment Association - Training Regarding Requirements Set Forth in Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The Memorandum sets forth collaborative training necessary for regulated sanitary sewer system personnel to operate and maintain a well operating system and ensure full compliance with statewide sewer system regulations.

On March 15, 2018, the State Water Board and the California Water Environment Association amended the existing Memorandum of Agreement to include collaborative outreach and expand training needs associated with further updates to Water Board regulations for sanitary sewer systems. The State Water Board encourages further Agreement updates as necessary to support improved sewer system operations and the professionalism of collection system operators.

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11 3.2. General

3.2.1. Waters of the State
Waters of the State include any surface water or groundwater, including saline waters, within the boundaries of the state as defined in Water Code section 13050(e), and are inclusive of waters of the United States.

3.2.2. Sanitary Sewer System Spill Threats to Public Health and Beneficial Uses Sewage contains high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. Sewage spills may cause a public nuisance, particularly when sewage is discharged to areas with high public exposure such as streets and surface waters used for drinking, irrigation, fishing, recreation, or other public consumption or contact uses.

More specifically, sanitary sewer spills may:
• Adversely affect aquatic life and/or threaten water quality when reaching receiving waters;
• Inadvertently release trash, including plastics;
• Impair the recreational use and aesthetic enjoyment of surface waters by polluting surface water or groundwater;
• Threaten public health through direct public exposure to bacteria, viruses, intestinal parasites, and other microorganisms that can cause serious illness such as gastroenteritis, hepatitis, cryptosporidiosis, and giardiasis; • Negatively impact ecological receptors and biota within surface waters; and • Cause nuisance including odors, closure of beaches and recreational areas, and property damage.

Sanitary sewer system spills may pollute receiving waters and threaten beneficial uses of surface water and groundwater. Potentially threatened beneficial uses include, but are not limited to the following (with associated acronym representations as included in statewide water quality control plans and Regional Water Boards’ Basin Plans):
• Municipal and Domestic Supply (MUN)
• Water Contact Recreation (REC-1) and Non-Contact Water Recreation (REC-2) • Cold Freshwater Habitat (COLD)
• Warm Freshwater Habitat (WARM)
• Native American Culture (CUL)
• Wildlife Habitat (WILD)
• Rare, Threatened, or Endangered Species (RARE)
• Spawning, Reproduction, and/or Early Development (SPWN) • Wetland Habitat (WET)
• Agricultural Supply (AGR)
• Estuarine Habitat (EST)

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12 • Commercial and Sport Fishing (COMM)
• Subsistence Fishing (SUB)
• Tribal Tradition and Culture (CUL)
• Tribal Subsistence Fishing (T-SUB)
• Aquaculture (AQUA)
• Marine Habitat (MAR)
• Preservation of Biological Habitats of Special Significance (BIOL) • Migration of Aquatic Organisms (MIGR)
• Shellfish Harvesting (SHELL)
• Industrial Process Supply (PROC)
• Industrial Service Supply (IND)
• Hydropower Generation (POW)
• Navigation (NAV)
• Flood Peak Attenuation/Flood Water Storage (FLD)
• Water Quality Enhancement (WQE)
• Fresh Water Replenishment (FRSH)
• Groundwater Recharge (GWR)
• Inland Saline Water Habitat (SAL)

3.2.3. Proactive Sanitary Sewer System Management to Eliminate Spill Causes Finding 3 of the previous Order, 2006-0003-DWQ, states: “Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state.

There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO [sanitary sewer overflow].

A proactive approach that requires Enrollees to ensure a system-wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs.”
Many spills are preventable through proactive attention on sanitary sewer system management using the best practices and technologies available to address major causes of spills, including but not limited to:
• Blockages from sources including but not limited to:
o Fats, oils and grease;
o Tree roots;
o Rags, wipes and other paper, cloth and plastic products; and o Sediment and debris.
• Sewer system damage and exceedance of sewer system hydraulic capacity from identified system-specific environmental, and climate-change impacts, including but not limited to:

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13 o Sea level rise impacts including flooding, coastal erosion, seawater intrusion, tidal inundation and submerged lands;
o Increased surface water flows due to higher intensity rain events; o Flooding;
o Wildfires and wildfire induced impacts;
o Earthquake induced damage;
o Landslides; and
o Subsidence.
• Infrastructure deficiencies and failures, including but not limited to:
o Pump station mechanical failures;
o System age;
o Construction material failures;
o Manhole cover failures;
o Structural failures; and
o Lack of proper operation and maintenance.
• Insufficient system capacity (temporary or sustained), due to factors including but not limited to:
o Excessive and/or increased storm or groundwater inflow/infiltration; o Insufficient capacity due to population increase and/or new connections from industrial, commercial and other system users; and
o Stormwater capture projects utilizing a sanitary sewer system to convey stormwater to treatment facilities for reuse.
• Community impacts, including but not limited to:
o Power outages;
o Vandalism; and
o Contractor-caused or other third party-caused damages.

3.2.4. Underground Sanitary Sewer System Leakage
Portions of some sanitary sewer systems may leak, causing underground exfiltration (exiting) of sewage from the system. Exfiltrated sewage that remains in the underground infrastructure trench and/or the soil matrix, and that does not discharge into waters of the State (surface water or groundwater) may not threaten beneficial uses.

Underground exfiltrated sewage may threaten beneficial uses if discharged to waters of the State. Exfiltrated sewage that discharges to groundwater may impact beneficial uses of groundwater and pollute groundwater supply. Additionally, if in close proximity, exfiltrated sewage may enter into a compromised underground drainage conveyance system that discharges into a water of the United States, or into groundwater that is hydrologically connected to (feeds into) a water of the United States, thus potentially causing: (1) a Clean Water Act violation, (2) threat and impact to beneficial uses, and/or (3) surface water pollution.

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14 3.2.5. Proactive Sanitary Sewer System Management to Reduce Inflow and Infiltration Excessive inflow (stormwater entering) and infiltration (groundwater seepage entering) to sanitary sewer systems is preventable through proactive sewer system management using the best practices and technologies available. The efficiency of the downstream wastewater treatment processes is dependent on the performance of the sanitary sewer system. When the structural integrity of a sanitary sewer system deteriorates, high volumes of inflow and infiltration can enter the sewer system. High levels of inflow and infiltration increase the hydraulic load on the downstream treatment plant, which can reduce treatment efficiency, lead to bypassing a portion of the treatment process, cause illegal discharge of partially treated effluent, or in extreme situations make biological treatment facilities inoperable (e.g., wash out the biological organisms that treat the waste).

3.3. Water Quality Control Plans, Policies and Resolutions The nine Regional Water Boards have adopted region-specific water quality control plans (commonly referred to as Basin Plans) that designate beneficial uses, establish water quality objectives, and contain implementation programs and policies to achieve those objectives. The State Water Board has adopted statewide water quality control plans, policies and resolutions establishing statewide water quality objectives, implementation programs and initiatives.

3.3.1. State Water Board Antidegradation Policy
On October 28, 1968, the State Water Board adopted Resolution 68-16, titled Statement of Policy with Respect to Maintaining High Quality of Waters in California, which incorporates the federal antidegradation policy. Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings.

The continued prohibition of sewage discharges from sanitary sewer systems into waters of the State aligns with Resolution 68-16. A sewage discharge from sanitary sewers to waters of the State is prohibited by this Order. Therefore, this Order does not allow degradation of waters of the State. In addition, this Order: (1) further expands the existing prohibition of sewage discharges to include waters of the State, in addition to waters of the United States as provided in previous Order 2006-0003-DWQ, and (2) enhances the ability for Water Board enforcement of violations of the established prohibitions.

3.3.2. State Water Board Sources of Drinking Water Policy On May 19,1988, the State Water Board adopted Resolution 88-63 (amended on February 1, 2006), titled Sources of Drinking Water, establishing state policy that all waters of the State, with certain exceptions, are suitable or potentially suitable for municipal or domestic supply.

3.3.3. State Water Board Cost of Compliance Resolution
On September 24, 2013, the State Water Board adopted Resolution 2013-0029, titled Directing Actions in Response to Efforts by Stakeholders on Reducing Costs of

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15 Compliance While Maintaining Water Quality Protection. Through this resolution, the State Water Board committed to continued stakeholder engagement in identifying and implementing measures to reduce costs of compliance with regulatory orders while maintaining water quality protection and improving regulatory program outcomes.

3.3.4. State Water Board Human Right to Water Resolution On February 16, 2016, the State Water Board adopted Resolution 2016-0010, titled Adopting the Human Right to Water as a Core Value and Directing its Implementation in Water Board Programs and Activities, addressing the human right to water as a core value and directing Water Board programs to implement requirements to support safe drinking water for all Californians.

On November 16, 2021, the State Water Board adopted Resolution 2021-0050 titled Condemning Racism, Xenophobia, Bigotry, and Racial Injustice, and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-racism. Among other actions, through Resolution 2021-0050, the State Water Board, in summary as corresponding to this General Order, reaffirms its commitment to its Human Right to Water resolution, upholding that every human being in California deserves safe, clean, affordable, and accessible water for human consumption, cooking, and sanitation purposes. Resolution 2021-0050 provides the State Water Board commitment to:
• Protect public health and beneficial uses of waterbodies in all communities, including communities disproportionately burdened by wastes discharge of waste to land and surface water;
• Restore impaired surface waterbodies and degraded aquifers; and • Promote multi-benefit water quality projects.

Through Resolution 2021-0050, the State Water Board also commits to expanding implementation of its Climate Change Resolution to address the disproportionate effects of extreme hydrologic conditions and sea-level rise on Black, Indigenous, and people of color communities, prioritizing:
• The right to safe, clean, affordable, and accessible drinking water and sanitation; • Sustainable management and protection of local groundwater resources; • Healthy watersheds; and
• Access to surface waterbodies that support subsistence fishing.

On June 7, 2022, the State Water Board adopted a Resolution, titled Authorizing the Executive Director or Designee to Enter into One or More Multi-Year Contracts Up to a Combined Sum of $4,000,000 for a Statewide Wastewater Needs Assessment, supporting the equitable access to sanitation for all Californians and implementation of Resolutions 2016-0010 and 2021-0050.

This General Order supports the State Water Board priority in collecting a comprehensive set of data for California’s wastewater systems, including sanitary sewer systems. Data reported per the requirements of this Order will be used with data from other Water Boards’ programs, to further develop criteria and create a statewide risk