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:
G.M. Sager Construction Co., Inc.
a California Corporation
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers
required for corporations under
Corporations Code Section 313, unless
corporate documents authorize only one
person to sign this Agreement on behalf of
the corporation.)
EXHIBIT A
SCOPE OF WORK AND PAYMENT SCHEDULE
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 ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.” Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to G.M. Sager Construction Co., Inc 1380 South East End Ave, Pomona, CA 91766 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
City-Wide Alleyway Resurfacing Project, Project No. P2703 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), 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 G.M. Sager Construction Co., Inc 1380 South East End Ave, Pomona, CA 91766 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
City-Wide Alleyway Resurfacing Project, Project No. P2703 (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.
Proposal/Contract
G. M. SAGER CONSTRUCTION CO., INC.
A GENERAL ENGINEERING CONTRACTOR
1380 SOUTH EAST END AVENUE, POMONA CA 91766
(909) 620-9987 ◆ (626) 335-7429 ◆ FAX (909) 620-5288
State Lic. #607796 DIR #1000010280
No. COC043026-1
PROPOSAL SUBMITTED TO CONTACT PHONE DATE
CITY OF COVINA RAFAEL FAJARDO (626) 384-5489 04/30/2026
STREET JOB NAME THOMAS GUIDE
534 N. BARRANCA AVENUE 3
RD & 4TH ST ALLEY
CITY, STATE ZIP JOB LOCATION
COVINA, CA 91723 3
RD & 4TH ST ALLEY, COVINA, CA
DATE OF PLANS FAX # EMAIL:
[email protected];
We propose hereby to furnish material and labor complete in accordance with specifications below for the sum of:
**** SEE PRICING BELOW ****
PAYMENT TO BE AS FOLLOWS: NET 10 DAYS
Note: This Proposal may be withdrawn by us if not accepted within 60 Days.
We hereby submit specifications and estimates for:
SCOPE OF WORK
3 RD & 4TH ST ALLEY
1. GRIND 12,600 SF OF EXISTING ASPHALT AT 1.5” THICK AND HAUL OFF.
2. INSTALL 12,600 SF OF (½”) PG64-10 ASPHALT OVERLAY AT 1.5” THICK. COMPACT TO MAX DENSITY.
SUB-TOTAL: $69,700.00
CITRUS & 3RD ST ALLEY
1. GRIND 16,100 SF OF EXISTING ASPHALT AT 1.5” THICK AND HAUL OFF.
2. INSTALL 16,100 SF OF (½”) PG64-10 ASPHALT OVERLAY AT 1.5” THICK. COMPACT TO MAX DENSITY.
SUB-TOTAL: $76,580.00
TOTAL: $146,280.00
NOTE: PREVAILING WAGE PROJECT.
PRICING VALID FOR 60 DAYS.
EXCLUSIONS: PETROMAT REMOVAL, SOIL TESTING, PERMITS, COMPACTION TESTING, INSPECTION FEES, SURVEYING, RPM’S, TRAFFIC LOOPS.
Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workers' Compensation Insurance.
Date of Acceptance Signature
PAGE 1 OF 1
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: July 7, 2026
Title: Consideration of a Memorandum of Understanding (MOU) Regarding a Temporary Water Meter Connection at Grand Avenue and the Walnut Creek Wash Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager or his designee to execute the Memorandum of Understanding between the City of Covina Water Department and the Covina Valley Water Company.
EXECUTIVE SUMMARY:
For many years, the City of Covina Water Utility (City) and Covina Valley Water Company (CVWC) have supplied emergency water service to one another during critical times. During a recent inspection of the Grand Avenue water main, CVWC discovered that the pipe integrity needed to be repaired as soon as possible to prevent significant leaks. During the anticipated repair, CVWC is requesting that the City wheel water to CVWC’s customers through the City’s water system.
BACKGROUND/DISCUSSION:
CVWC recently conducted an inspection of the water main located on Grand Avenue due to concerns regarding suspected leaks and the age of the existing infrastructure. The inspection confirmed that the condition of the water main has deteriorated to the point where corrective action is warranted in the near term to maintain system reliability and prevent future failures. Following an evaluation of available rehabilitation and replacement alternatives, the CVWC’s project engineer recommended the installation of a cured-in-place plastic liner within the existing pipeline. This trenchless rehabilitation method will restore the structural integrity of the water main, reduce the potential for future leaks, and extend the useful service life of the facility while minimizing construction impacts to the surrounding area.
Approval of the proposed MOU will allow CVWC the ability to install a 4” water meter at Grand Avenue and the Walnut Creek Wash (the “Location”) during which time the City will supplement the CVWC with water. The flow through the connection is expected to encompass between 200 gallons per minute and 600 gallons per minute and the City will not guarantee pressure or flows. Moreover, CVWC will be responsible for the following items at no cost to the City if approved:
1. Company will read the water meter daily and record meter readings and flow and those meter reads and flows will be confirmed by City and Company on a weekly basis;
2. Company will be responsible for maintaining and securing the location and will keep the location in a well-maintained condition, free of trash and debris;
3. Any water wheeled through the connection will not be reflected on the City’s invoice from the Company’s monthly bill and will not impact historical usage. The Company will provide a monthly spreadsheet to show the total water supplied through the connection for a calendar month;
4. Company will repair or replace any damaged components on the City’s fire hydrant;
5. To the fullest extent permitted by law, the Company 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: (a) arising out of the Company’s acts, omissions or willful misconduct related to this MOU; (b) injuries to third persons or damage to property caused by the acts or omissions or willful misconduct of the Company or any of its employees, contractors, consultants or agents in performing under this MOU, or (c) any violation of applicable laws, regulations or permits. The Company shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The indemnification in this shall survive the expiration or termination of this Agreement;
6. While this MOU is in effect, the Company shall maintain commercial general liability insurance with coverage of at least $2,000,000 per occurrence and $4,000,000 aggregate; automobile liability insurance with coverage of at least $2,000,000 per accident for bodily injury and property damage; and workers compensation insurance of at least $1,000,000 per accident for bodily injury or disease. The City shall be named as an additional insured on the Company’s commercial general liability and automobile insurance;
7. This MOU shall have a term of approximately six (6) months and will terminate December 31, 2026, unless the Company terminates this MOU prior to December 31, 2026.
FISCAL IMPACT:
Approval of this agreement will bear no cost to the City and will preserve all City water rights currently stipulated with the Company.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The actions proposed herein have been reviewed for compliance with the California Environmental Quality Act (CEQA) and are exempt per Section 15061 (b) (3). The actions are covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The contents of this memo will not result in any significant effect on the environment.
Respectfully submitted,
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING REGARDING
TEMPORARY WATER METER CONNECTION
This Memorandum of Understanding regarding Temporary Meter Connection is made and effective as of the 7
th day of July, 2026 between the City of Covina, a
municipal corporation (“City”), and Covina Valley Water Company, a California corporation (“Company”), with respect to the temporary meter connection at Grand Avenue and the Walnut Creek Wash (the “Location”) through which the City will provide Company with water.
1. Company has procured and on July 7, 2026 installed at the Location a fourinch (4”) meter (the “Meter” or “Connection”) through a four-inch (4”) hose to be connected to City’s fire hydrant two and one-half inch outlet. Company is responsible for all costs related to purchasing and installing that meter and any related facilities.
2. Company will read the Meter daily and will record the meter reading and flow, and those meter reads and flows will be confirmed by City and Company on a weekly basis.
3. Company will be responsible for maintaining and securing the Location and will keep the Location in a well-maintained condition, free of trash and debris.
4. Any water wheeled through the Connection will not be reflected on the City’s invoice from the Company’s monthly bill and will not impact historical usage.
The Company will provide a monthly spreadsheet to show the total water supplied through the Connection for a calendar month.
5. Company will repair or replace any damaged components on the City’s fire hydrant
6. To the fullest extent permitted by law, the Company 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: (a) arising out of the Company’s acts, omissions or willful misconduct related to this MOU; (b) injuries to third persons or damage to property caused by the acts or omissions or willful misconduct of the Company or any of its employees, contractors, consultants or agents in performing under this MOU, or (c) any violation of applicable laws, regulations or permits. The Company shall reimburse the Indemnitees for any and all
2 legal expenses and costs incurred by Indemnitees in connection therewith.
The indemnification in this shall survive the expiration or termination of this Agreement.
7. While this MOU is in effect, the Company shall maintain commercial general liability insurance with coverage of at least $2,000,000 per occurrence and $4,000,000 aggregate; automobile liability insurance with coverage of at least $2,000,000 per accident for bodily injury and property damage; and workers compensation insurance of at least $1,000,000 per accident for bodily injury or disease. The City shall be named as an additional insured on the Company’s commercial general liability and automobile insurance.
8. This MOU shall have a term of approximately six (6) months and will terminate as December 31, 2026 unless the Company terminates this MOU before that.
COVINA VALLEY WATER COMPANY CITY OF COVINA
By By
P. David Michalko, President Its
ATTEST:
Fabian Velez, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: July 7, 2026
Title: Resolution Authorizing $176,141.95 in EIFD Funds for Improvements at Covina Recreation Village
Presented by: Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Recommendation: Approve Resolution CC 2026-63; Amending the Fiscal Year 2026-2027 Capital Improvement Program Budget to Appropriate $176,141.95 in available Enhance Infrastructure Finance District (EIFD) Funding for improvements at Covina Recreation Village.
EXECUTIVE SUMMARY/DISCUSSION:
As of June 2026, the Covina Enhanced Infrastructure Financing District (“EIFD” or “District”) has accrued $176,141.95 in revenues (tax increment financing). At any time, the PFA may consider spending the revenues accrued, so long as expenditures align with EIFD law and the Covina EIFD Infrastructure Financing Plan (IFP). On June 24, 2026, at a duly noticed Special Meeting of the Public Financing Authority (PFA) of the EIFD, the PFA approved the use of the available fund balance to be used towards improvement activities at the Covina Recreation Village. The proposed use of funds includes public art, landscaping, shade structures and construction activities, among others.
Resolution CC 2026-63 would appropriate the available funding within the EIFD Fund to expenditure account 2760 3400 55200 P2202. Future use of the funds would return to the Council for further consideration in the coming months and may include shade structures, landscaping, public art and other recreational amenities. These activities are eligible uses of EIFD funding, since they would be used to enhance and improve facilities located within the District.
FISCAL IMPACT:
The attached resolution authorizes a one-time transfer from the EIFD Fund, 2760, to Covina Recreation Village Project Account number 2760 3400 55200 P2202. The EIFD was adopted in 2023 and is a tax increment financing mechanism that the City established to collect a portion of property tax revenue for infrastructure and beautification projects within the EIFD taxation area. As such, there is no impact on the general fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2026-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2026-2027 CAPITAL
IMPROVEMENT PROGRAM BUDGET, APPROVING THE
APPROPRIATION OF $176,141.95 FROM THE ENHANCED
INFRASTRUCTURE FINANCING DISTRICT (EIFD) FUND BALANCE TO
FACILITATE TASKS AT THE COVINA RECREATION VILLAGE
CONSTRUCTION PROJECT
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for the fiscal year commencing July 1, 2026, and ending on June 30, 2027, was approved on May 5, 2026; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, on occasion, the City Council will deem it necessary to amend the CIP budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the budget shall be by approval and memorialized by Resolution of the City Council; and WHEREAS, on Wednesday, June 24, 2026, at a duly noticed special meeting of the Public Finance Authority of the Covina EIFD approved the use of $176,141.95, to be used for public improvement related construction tasks, and found the use of funds to be in alignment with IFP Project categories 3 & 4; and
WHEREAS, the City Council of the City of Covina wishes to establish a new budget allocation to facilitate improvements at the Covina Recreation Village Project, including but not limited to installation of monarch butterfly shade structures, public art, and/or improvement services to be provided by the California Conservation Core (CCC) such as landscaping and tree planting services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2026-2027 Operating Budget as follows:
Account Number Account Title Original
Budget Increase Amended Budget
2760 3400 55200
P2202 Public Improvements $0 $176,141.9
5 $176,141.95
Resolution CC 2026-63 Page 2 of 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
APPROVED and PASSED this 7
th day of July, 2026.
City of Covina, California
BY:
HECTOR DELGADO, 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 2026-63 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 7th day of July, 2026, 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 9
Meeting: July 7, 2026
Title: Amendment No. 2 to the Memorandum of Agreement between the City of Covina and San Gabriel Valley Council of Governments (SGVCOG) for the East San Gabriel Valley Sustainable Multimodal Improvements Project Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Memorandum of Agreement between the City of Covina and San Gabriel Valley Council of Governments (SGVCOG) for the East San Gabriel Valley Sustainable Multimodal Improvements Project for additional consulting services, increase SGVCOG total contribution to $3,584,362, and increase City’s local contribution match to a total amount of $117,500.00.
EXECUTIVE SUMMARY/BACKGROUND:
On November 20, 2023, the City of Covina and the San Gabriel Valley Council of Governments (SGVCOG) entered into a Memorandum of Agreement (MOA) for the completion of the East San Gabriel Valley Sustainable Multimodal Improvements Project (SMIP) Phase I. Approved as part of a Measure M Multi-Year Subregional Program (MSP) application with the Los Angeles County Metropolitan Transportation Authority (LACMTA), the goal of the SMIP is to provide First/Last Mile connections, improve active transport, and enhance bus system infrastructure throughout the East San Gabriel Valley. Approximately $14 million in MSP Cycle 2 funds, in conjunction with local city funds from partnering municipalities, are allocated to the SGVCOG for the completion of the SMIP.
On May 6, 2025, City Council approved Amendment No. 1 to the MOA with SGVGOG to include the Fiscal Year 2025 Bus Shelter Installation Project as part of the Glendora & Grand Avenue Complete Streets Project and establish funding in the amount of $150,000 in MSP Bus System Improvement Program (BSIP) sub-funds. As a result, six (6) bus shelters were installed along Grand Avenue and Glendora Avenue in late 2025.
In continuation of the SMIP Phase I, City staff is proposing the installation of 2,600 linear feet of Class II bike lanes along Grand Avenue and Glendora Avenue. The project remains in the early phases of design and as such, City staff recommend approval and authorization of Amendment No. 2 to the MOA to include PS&E services, increase SGVCOG’s contribution to $3,584,362, and increase the City’s total project contribution match to $117,500 (Attachment A).
DISCUSSION:
The East San Gabriel Sustainable Multimodal Improvements Project (SMIP) Phase I Project within the City of Covina is dedicated to the Glendora Avenue and Grand Avenue Complete Streets Project. This project includes transit enhancements such as bike lane installations, signage, traffic signal coordination, and ADA compliance upgrades along Grand Avenue, Wingate Park, and Glendora Avenue.
In May 2025, Amendment No. 1 to the MOA between the City and SGVCOG allocated $970,000 of MSP Cycle 2 Active Transportation Program (ATP) Subfunds and $150,000 in MSP Cycle 2 BSIP
Subfunds toward SMIP Phase I. Amendment No. 1 likewise established a City contribution of $4,500 for bus shelter installation along Grand Avenue and Glendora Avenue, subsequently paid from Proposition A funding upon project completion in November 2025.
As an additional component of SMIP Phase I Complete Streets Project, the City and SGVCOG are in design phase for the Glendora Avenue and Grand Avenue bike lane installation. The project scope includes the installation of Class II bike lanes on Grand Avenue from Arrow Highway to Walnut Creek Wash (southern city limits) and Glendora Avenue from Arrow Highway to Badillo Street. Still in its early stages of PS&E, the existing conditions, community response, and parking supply along Grand Avenue and Glendora Avenue are at the forefront of consideration and under evaluation with the help of SGVCOG.
SGVCOG has now successfully secured an additional $1,904,362 in MSP Cycle 3 ATP funds and an additional $710,000 in federal Congestion Mitigation and Air Quality (CMAQ) funds, increasing their total funding allocation to $3,584,362. The City’s local match for Phase I likewise reflects an increase of $113,000 for consultant services, including community outreach and PS&E, bringing the City’s total allocation to $117,500. In accordance with Amendment No. 2, payment in the amount of $13,000 from the City’s contribution for consulting services will be due to SGVCOG within thirty (30) calendar days of the effective date. The remaining $100,000 local funding contribution is scheduled to be paid to SGVCOG by the second quarter of Fiscal Year 2026-2027 for construction should the City wish to proceed with installation as designed.
FISCAL IMPACT:
Resolution CC 2026-62 allocates $13,000 in available Transportation Development Act Article 3 (TDA3) funds for the Grand Avenue and Glendora Avenue Complete Streets Project (Attachment B) gl account 2407-2200-55315. Funding for any potential construction will be allocated and presented to the City Council at the time of contract award.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Respectfully submitted,
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 1 SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENTS
PROJECT
This Amendment No. 2 to the Memorandum of Agreement (“MOA”) is by and between the City of Covina, hereinafter referred to as “CITY” and the San Gabriel Valley Council of Governments (“SGVCOG”) to be effective as of the date signed by both Parties. City and SGVCOG are sometimes referred to hereinafter individually as a “Party” and collectively as the “PARTIES”.
RECITALS:
A. WHEREAS, the PARTIES entered into that certain MOA, dated November 20, 2023 (the “Original Agreement”), which MOA provides for completion of the East San Gabriel Valley Sustainable Multimodal Improvements Project (“SMIP) Phase 1 in the CITY, as described in Exhibit “A,” (referred to herein as the “Glendora Avenue and Grand Avenue Complete Streets Project” or as the “PROJECT”); and
B. WHEREAS, the PARTIES executed Amendment No. 1 on May 22, 2025 to the MOA for the amended Scope of Work and additional funding contribution of $4,500.00 by the CITY for the Glendora Avenue and Grand Avenue Complete Streets Project, specifically for CITY’s procurement and installation of its bus shelters; and
C. WHEREAS, the PARTIES desire to amend the MOA for the Scope of Work and budget for funding to be contributed by the CITY, for additional grant funds to be allocated by the SGVCOG for the CITY’S PROJECT’s Phase 1 Work as shown in the attached Exhibits “A” and “B”, and additional consultant design services in the amount of $13,000.00 as shown in attached Exhibit “C”; and
D. WHEREAS, the CITY shall allocate an additional $113,000.00 in local City funds for the Phase 1 Work, amending the CITY’s total local funding contribution from Four Thousand Five Hundred Dollars ($4,500.00) to One Hundred Seventeen Thousand Five Hundred Dollars ($117,500.00) (“CITY’s Funding Allocation”) for the CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibits “A” and “B”; and
E. WHEREAS, the SGVCOG secured an additional $1,904,362 in MSP Cycle 3 ATP subfunds, which amends the total MSP ATP and BSIP subfunds to $3,024,362.00 for the CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibits “A” and “B”; and F. WHEREAS, the SGVCOG secured an additional $710,000.00 in federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) grant funds for the CITY’s PROJECT’s Phase 1 Work as shown in the attached Exhibits “A” and “B”; and G. WHEREAS, the SGVCOG’s total funding commitment for the SMIP Phase 1 Work shall not exceed the combined MSP ATP and BSIP subfunds and CMAQ grant funds totaling Three
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 2 H. Million Seven Hundred Thirty-Four Thousand Three Hundred Sixty-Two Dollars ($3,734,362.00) (“SGVCOG’s Funding Allocation”); and
I. WHEREAS, the PARTIES desire to enter into this Amendment No. 21 to the Agreement to set forth the PARTIES: 1) Scope of Work for additional consultant design services; 2) Funding Obligations to pay for the completion of project approval and environmental documentation (“PA/ED”), final plans, specifications, and estimate (“PS&E”), right-of-way, and construction; and 3) to specify the terms and conditions under which the Glendora Avenue and Grand Avenue Complete Streets Project is to be engineered, constructed, financed, and owned as provided herein; and J. WHEREAS, the PARTIES desire to amend the Original Agreement and Amendment No. 1 only as expressly set forth herein, and except as specifically amended by this Amendment No. 2, Amendment No. 1 and the Original Agreement shall remain in full force and effect. In the event of any conflict between this Amendment No. 2, Amendment No. 1, and the Original Agreement, this Amendment No. 2 shall control.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Revised Scope of Work. The Scope of Work for City of Covina SMIP Phase 1 to the MOA, shall be deleted and replaced in its entirety with the following: Exhibit "A" attached hereto and incorporated herein by this reference.
The amended Scope of Work includes additional consultant services, per the CITY’s request for:
1) Community engagement and outreach services.
Payment terms for this additional consultant service are described in Section 3 below.
2. Revised Funding Allocation. The PARTIES have allocated various funding sources for the PROJECT. The Phase 1 Work MSP Funding Allocation, Exhibit “C” and the Phase 1 Funding and Expenditure Plans, Exhibit “D” to the MOA, shall be deleted and replaced in their entirety with the Phase 1 Project Funding Allocation in Exhibit “B" attached hereto and incorporated herein by this reference.
a. The SGVCOG shall contribute the SGVCOG’s total Funding Allocation not to exceed Three Million Seven Hundred Thirty-Four Thousand Three Hundred Sixty-Two Dollars ($3,734,362.00), consisting of $1,120,000 in MSP Cycle 2, $1,904,362.00 in MSP Cycle 3, and $710,000 in CMAQ funds toward the eligible costs of the Project’s Phase 1 Work. b. Section III(A), SGVCOG Responsibilities, is hereby amended to a subsection III(A)(9), as follows:
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 3 i. SGVCOG’s funding obligation is limited strictly to available, authorized, programmed, and reimbursable Funding Sources. SGVCOG shall have no obligation to advance, advertise, award, or proceed with construction unless all required funding approvals, obligation deadlines, expenditure deadlines, and reimbursement conditions are satisfied.
ii. SGVCOG shall have no obligation to fund cost overruns except to the extent caused by SGVCOG’s sole negligence or willful misconduct.
c. The CITY shall contribute to SGVCOG the CITY’s Funding Allocation in an amount not to exceed One Hundred Seventeen Thousand Five Hundred Dollars ($117,500.00) for the Project, as shown in the attached Exhibits “A” and “B”.
i. CITY shall contribute an additional $13,000.00, for additional scope items as described in Section 1 above and as shown in Exhibit “A”, Exhibit “B”, and Exhibit “C”.
3. Section III(C), Cost Responsibilities of Parties, is hereby amended to add a subsection III(C)(7), as follows:
a. Limitation on CITY Contribution. CITY’s base financial contribution under this Agreement shall not exceed $117,500.00, except for costs arising from additional CITY-requested changes, betterments, utility obligations, delays, ineligible costs, or other costs expressly assigned to CITY under this Agreement. CITY shall not be responsible for general Projectwide cost overruns unrelated to the Project unless CITY agrees in writing b. Payments. Within thirty (30) calendar days of the effective date, CITY shall pay to SGVCOG Thirteen Thousand Dollars ($13,000.00) for the change-order to the existing Task Order with SGVCOG’s consultant for Plans, Specifications, and Estimate (PS&E). c. CITY shall also provide its local funding contributions towards the PROJECT and shall pay the SGVCOG the funding that has been allocated by the CITY per the programmed funding years, as shown in Exhibit “B”.
d. SGVCOG shall have no obligation to award, issue Notice-to-Proceed with consultant amendments, or proceed with construction of the Project until CITY’s contribution is received.
4. Sufficiency of Funding Sources. Section III(C), Cost Responsibilities of Parties, is hereby amended to add a subsection III(C)(12), as follows:
a. SGVCOG shall have no obligation to advertise, award, issue notice to proceed, incur construction costs, or continue work unless sufficient funding has been secured and all applicable funding approvals, obligations, authorizations, and reimbursement eligibility requirements are in place.
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 4 b. Any loss, de-obligation, lapse, repayment, audit disallowance, reimbursement denial, or ineligible cost caused by CITY action, inaction, requested scope, delay, betterment, or failure to comply with Funding Source requirements shall be the responsibility of CITY.
5. Integration. This Second Amendment and all attachments hereto integrate all of the terms and conditions mentioned herein and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the MOA and Amendment No. 1 to the MOA and except as specifically amended hereby, the MOA shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the MOA or First Amendment, the terms and provisions of this Second Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 5 In witness whereof, the Parties have caused the Amendment No. 2 to the MOA on the date of last execution by the Parties.
CITY OF COVINA
By: ___________________________
Chris Marcarello
City Manager
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Kevin G. Ennis Candice K. Lee
City Attorney
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
By: ____________________________
Marisa Creter
Executive Director
Date: __________________________
APPROVED AS TO FORM:
_______________________________
Cassie E. Trapesonian
General Counsel
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 1 EXHIBIT A
EAST SAN GABRIEL VALLEY
SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP)
Scope of Work
City of Covina SMIP Phase 1
City of Covina
Glendora Avenue & Grand Avenue Complete Streets Project Covina SMIP Phase 1 Project Description
The City of Covina’s SMIP Phase 1 Project - Glendora Avenue & Grand Avenue Complete Streets Project includes completing Project Approval and Environmental Documentation (PA&ED) (for Glendora Avenue) and Plans, Specifications, and Estimates (PS&E) (for Grand Avenue) for approximately 4.06 miles of Class II bike lanes, signage, bike stations, traffic signal coordination, and ADA compliance upgrades and appurtenances on Grand Avenue, Wingate Park, and Glendora Avenue. The City’s Glendora Avenue & Grand Avenue Complete Streets Project also includes constructing and installing bus shelter renovation improvements along Grand Avenue and Glendora Avenue.
Glendora Avenue currently has two existing travel lanes in each direction with a center stripe and dedicated left-turn lanes at most arterial and some minor intersections. This roadway also has a striped and signed bike lane, although it has substandard widths along some segments. On-street parking is currently allowed in the bike lane, which is not a standard design. Average daily traffic (ADT) volumes are relatively low for an arterial roadway. This “Road Diet” project proposes reconfiguring the existing roadway to reduce the number of existing travel lanes from two to one travel lane in each direction with a center two-way left-turn lane, on-street parking, and 12,250 linear feet of six-feet wide bike Class II bike lanes in each direction.
Grand Avenue currently has two lanes in each direction with a center left-turn lane or raised median. ADT volumes are moderate-to-high for this arterial roadway. The curb lane is rather wide and will be reconfigured to accommodate both on-street parking (where feasible and where it is not currently prohibited) and approximately 21,120 linear feet of Class II bike lanes on both sides of Grand Avenue.
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 2 Kahler Russell (Wingate) Park is a 14.45-acre multipurpose recreational facility located in the City of Covina. Wingate Park is a large park spanning across a half mile distance with amenities such as two large grassy fields, two parking lots, tennis courts, hockey rink, baseball fields, basketball courts, playground, walking trail and restroom facilities.
Within Wingate Park, there is a 30 feet wide walking trail that is approximately one half-mile in length and located adjacent to the natural Charter Oak Creek along the southerly property line, oriented westerly and easterly from Grand Avenue to Glendora Avenue. The walking trail is composed of decomposed granite and is currently in poor condition due to heavy use.
The City of Covina is proposing the installation of a 2,600 linear feet Class II bike lane along the walking trail that will connect Grand Avenue with Glendora Avenue.
Amended improvements include additional consultant services for the following City requested betterments:
1) Community engagement and outreach services.
CITY shall pay One Hundred (100%) Percent of the Project engineering, construction, and administration and project management costs for these CITY requested betterments and a separate agreement shall be executed defining the terms and conditions under which betterment is to be engineered, constructed, financed, operated, and maintained.
Covina SMIP Phase 1 Project Limits/Area & Location Maps The City of Covina’s SMIP Phase 1 Project is located along Grand Avenue, along the walking trail inside Wingate Park, and along Glendora Avenue in the City of Covina. For the Grand Avenue segment, the project limits are between Arrow Highway to the north and Walnut Creek Channel to the south. For the Wingate Park walking trail segment, the project limits are between Grand Avenue and Glendora Avenue. For the Glendora Avenue segment, the project limits are between Arrow Highway to the north and Badillo Street to the south.
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 3 Kahler Russell (Wingate) Park Trail
Covina SMIP Phase 1 Project – Bus Shelter Design
The City’s Glendora Avenue & Grand Avenue Complete Streets Project component which is funded through MSP Cycle 2 Bus System Improvement Program subfunds includes constructing bus shelter renovation improvements along Grand Avenue and Glendora Avenue, as detailed in this section of the MOA.
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 4 In an effort to better protect transit patrons from the elements and improve lighting features within bus stop areas, the City of Covina will be installing six (6) new bus shelters that provide shade and include solar lighting at existing Foothill Transit bus stops located along Grand Avenue and Glendora Avenue that are already outfitted with benches and trash receptacles.
The following bus stop locations proposed for new bus shelter installations as part of this Project are as follows:
1. Grand Avenue/Arrow Highway (southeast corner), northbound
2. Grand Avenue/Covina Boulevard (northeast corner), northbound
3. Glendora Avenue/Cypress Street (northwest corner), northbound
4. Glendora Avenue/Cypress Street (southeast corner), southbound
5. Glendora Avenue/Ruddock Street (southeast corner), northbound
6. Glendora Avenue/Ruddock Street (southwest corner), southbound The City of Covina has completed design efforts for the proposed enhanced bus shelters. The City’s design and specifications for the new enhanced bus shelter are shown below:
Covina SMIP Phase 1 Project – Bus Shelter Design Specifications
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 5 Covina SMIP Phase 1 Project Limits/Area & Location Map The City of Covina’s SMIP Phase 1 Project is located at six street intersections along Grand Avenue and Glendora Avenue, in the City of Covina. The Project Location Maps shown below depict the proposed locations for bus shelter renovations in red circles. For the bus shelter renovations on Grand Avenue, the project limits are between Arrow Highway to the north and Wingate Street to the south. For the bus shelters along Glendora Avenue, the project limits are between Cypress Street to the north and Ruddock Street to the south.
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 6 Covina SMIP Phase 1 Estimated Project Costs & Project Funding/Budget The total cost estimate for the City’s SMIP Phase 1 Project is $3,851,862. Currently secured funding totals $3,851,862, consisting of: $970,000 in Measure M Multi-Year Subregional Program (MSP) Cycle 2 and $1,904,362 in MSP Cycle 3 Active Transportation Program (ATP) subfunds, $150,000 in MSP Cycle 2 Bus System Improvement Program (BSIP) subfunds, and $710,000 in federal Congestion Mitigation and Air Quality (CMAQ) grant funds, which comprises $3,734,362 in secured funds administered by the SGVCOG; and $117,500 in local funding contributions by the City to complete Project Approval and Environmental Documentation (PA&ED), Plans, Specifications, and Estimates (PS&E), and construction to implement the Project. Final construction costs will be confirmed upon completion of PS&E.
SGVCOG shall have no obligation to proceed with construction unless sufficient funding is secured and all applicable Funding Source requirements are satisfied. Details for the secured funding for the Project are shown in Exhibit B.
Covina SMIP Phase 1 Milestone Project Schedule
Glendora Avenue / Grand Avenue / Wingate Park
Current Project Status: Design Phase - currently in 90 percent design.
Community outreach completed.
Covina SMIP Phase 1 Glendora/Grand/Wingate Park Milestone Schedule Project Milestones / Phases Start Date End Date Duration (Months) PA&ED July 15, 2026 September 15, 2026 4
PS&E May 1, 2024 October 1, 2026 29
ROW (if applicable) n/a n/a
CON (if applicable) February 1, 2027 December 1, 2027 10 CLOSEOUT March 1, 2028 July 1, 2028 4
FTIP #: LASMIP103
Subregion ID: SG
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 7 Bus Shelters
Current Project Status: Construction and installation of bus shelters completed.
Project close-out in-progress.
Covina SMIP Phase 1 Bus Shelters Milestone Schedule
Project Milestones / Phases Start Date End Date Duration (Months) PA&ED n/a n/a
PS&E n/a n/a
ROW (if applicable) n/a n/a
CON January 1, 2025 December 31, 2025 12
CLOSEOUT May 1, 2026 July 31, 2026 3
FTIP #LASMIP103 Memorandum of Agreement – Amendment No. 2 1 EXHIBIT B
CITY OF COVINA
EAST SAN GABRIEL VALLEY SUSTAINABLE MULTIMODAL IMPROVEMENT PROJECT (SMIP) Phase 1 Project Funding Allocation
Glendora Avenue & Grand Avenue Complete Streets Project Project Name Source of Funds Phase
Responsible
Funding
Party Amount
Funding
Programming
Glendora Avenue & Grand Avenue Complete Streets Project City Funds PS&E
(Outreach) Covina $13,000 FY25/26
City Funds Construction
(Bus Shelters) Covina $4,500 FY24/25
City Funds Construction Covina $100,000 FY26/27
Measure M MSP Cycle
2 (ATP Subfund) PS&E SGVCOG $605,948 FY22/23 to
FY25/26
Measure M MSP Cycle
2 (ATP Subfund) Construction SGVCOG $364,052 FY26/27
Measure M MSP Cycle
2 (BSIP Subfund)
Construction
(Bus Shelters) SGVCOG $150,000 FY23/24 & FY24/25
Measure M MSP Cycle
3 (ATP Subfund) Construction SGVCOG $1,904,362 FY26/27
Congestion
Management & Air
Quality (CMAQ)
Construction SGVCOG $710,000 FY26/27
Subtotal City Contribution $117,500
Subtotal SGVCOG Contribution $3,734,362
TOTAL SECURED FUNDING $3,851,862
EXHIBIT C
CONSULTANT TASK ORDER AMENDMENT NO. 1
ATTACHMENT B
RESOLUTION CC 2026-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2026/2027 OPERATING BUDGET AND APPROPRIATE $13,000 FROM AVAILABLE TDA3 FUND – FUND BALANCE FOR USE TOWARDS THE GRAND AVENUE AND
GLENDORA AVENUE COMPLETE STREETS – GRAND AVENUE AND
GLENDORA AVNEUE BIKE LANES PROJECT
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 2026-2027 Operating Budget & Capital Improvement Plan (CIP) was approved on May 5, 2026; 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 2026/2027 Capital Improvement Program and appropriate $13,000 from available TDA3 Fund – Fund Balance for use towards the Grand Avenue and Glendora Avenue Complete Streets – Grand Avenue and Glendora Avenue Bike Lanes Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2026/2027 Operating Budget and appropriate $13,000 from available TDA3 Fund – Fund Balance for use towards the Grand Avenue and Glendora Avenue Complete Streets – Grand Avenue and Glendora Avenue Bike Lanes Project.
Account
No.
Account Description Amount
($)
Increase/Decre
ase
24072200-
55315
TDA-Streets Sidewalks $13,00
0 Increase
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 7
th day of July, 2026.
City of Covina, California
BY:
HECTOR DELGADO, Mayor
Resolution CC 2026-62 Page 2 of 2
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 2026-62 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 7
th day of July, 2026, 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 10
Meeting: July 7, 2026
Title: Design Services Agreement between the Southern California Regional Rail Authority (SCRRA) and the City of Covina for the Citrus Avenue Quiet Zone Design and Plan Review Services
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute the Design Services Agreement with Southern California Regional Rail Authority (SCRRA) and the City of Covina for design review services for the Citrus Avenue Quiet Zone Installation Project in the amount of $186,838.00.
EXECUTIVE SUMMARY:
In 2021, the Department of Public Works completed a Quiet Zone Feasibility Zone Study in an effort to analyze the City’s twelve (12) rail crossings, assess the needs for safety enhancements required to become “Quiet Zone-Ready,” estimate construction costs, and identify the interagency coordination efforts that would need to occur between the City, Metrolink and the State Public Utilities Commission.
Following this study, the City engaged in conversations with Metrolink and was informed that plan review/permitting costs would run roughly $1 million per crossing location, or approximately $12 million for the City’s twelve (12) rail crossing locations. This figure, combined with design/construct costs to install safety enhancements would result in an aggregate cost of $25 million to manifest the entire City as “Quiet Zone-Ready.” Thereafter, at the direction of City Council, the Department of Public Works applied a phased approach to the rail crossing upgrades and identified Citrus Avenue as the first location for potential Quiet Zone implementation.
In December 2025, efforts to complete the Quiet Zone Implementation design were reestablished with sole focus on the Citrus Avenue rail crossing location. After renewed engagements with Metrolink, and 65% complete design plans, the City has been informed that SCRRA design support services for the Citrus Avenue rail crossing total a not-to-exceed value of $186,838.00. As such, City staff recommends authorization to enter into a Design Services Agreement between Southern California Regional Rail Authority (SCRRA) and the City of Covina for design review services for the Citrus Avenue Quiet Zone Installation Project in the amount of $186,838.00.
The City Council is requested to consider authorizing an engineering/design services agreement to prepare a shovel-ready construction package for related safety enhancements and related coordination efforts with Metrolink. Following design and review/issuance of permits by Metrolink, the City Council will be asked to consider an award of contract for approved construction improvements and subsequently establish the City’s first Quiet Zone crossing.
BACKGROUND/DISCUSSION:
On April 21, 2020, the City Council awarded a contract to Infrastructure Engineers. Inc. for the Covina Quiet Zone Feasibility Study. Infrastructure Engineers completed the Covina Quiet Zone Feasibility Analysis for the 12-railroad highway At-Grade crossings from Vincent Avenue Limit to Sunflower
Avenue in September 2021. The study determined the corridor to be eligible for establishment of a Quiet Zone.
Prior to the establishment of the Quiet Zone, Supplementary Safety Measures (SSMs) must be designed and installed, and the overall project must be reviewed and approved by Metrolink/SCRRA.
As such, on November 16, 2021, Infrastructure Engineers, Inc. was awarded professional services agreement for the design and Quiet Zone approval process and coordination of permitting with Metrolink/SCRRA. Application to Metrolink/SCRRA began in 2023 wherein the City was made aware that plan review costs to review SSMs would be upwards of $1 million per crossing. As a result of these review costs, this proposed design phase would move forward with a Quiet Zone implementation at one (1) crossing at Citrus Avenue. Citrus Avenue stands out as the first potential crossing in Covina as it is adjacent to the Covina Metrolink Station where trains already stop/start as they enter/leave the station and its proximity to the new Covina Recreation Village and Downtown corridor.
In December 2025, Infrastructure Architects, Inc. (“IA”) was awarded a Professional Services Agreement to complete design services and permitting/plan review coordination with Metrolink/SCRRA for the Citrus Avenue Rail Safety Enhancements Installation Project. After several months of coordination among Metrolink/SCRRA, California Public Utilities Commission (CPUC), and the City of Covina, design review services are prepared to commence for the Citrus Avenue rail crossing location.
Design review services will be conducted by the SCRRA under the project management of IA on behalf of the City as outlined in the Design Services Agreement (Attachment A). The total not-to-exceed value for these support services total $186,838.00, due as a deposit to the SCRRA within thirty (30) days of execution of the agreement. The City will be provided with quarterly project status reports from SCRRA reflecting the drawdown of funds, project expenses, and project progress.
FISCAL IMPACT:
Resolution CC 2026-64 reflects an allocation in the amount of $186,838.00 in available Proposition A Local Return Fund - Fund Balance for the Design Services Agreement between the City of Covina and the SCRAA (Attachment B).
For future funding, City staff anticipates that there will be sufficient funds available for construction of SSMs to make the Citrus Avenue crossing “Quiet Zone-Ready” once the design phase is complete and Metrolink approves the proposed plans, given a $1,000,000 federal earmark awarded to the City by retired Congresswoman Napolitano.
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,
DESIGN SERVICES AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY (SCRRA)
AND THE
City of Covina
FOR
Citrus Ave Quiet Zone
AT
SCRRA MP 22.92
SAN GABRIEL SUBDIVISION
IN
CITY OF COVINA
LOS ANGELES COUNTY, CALIFORNIA
ATTACHMENT A
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-1-
This Design Services Agreement ("AGREEMENT") is made and entered into as of the 7 th day of
July, 2026, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd., Suite 1500, Los Angeles, CA 90017 and the CITY OF COVINA, a California charter law municipal corporation (hereinafter referred to as “CITY”), to be addressed at 125 E College St, Covina, CA 91723. CITY and SCRRA may be referred to singly as “PARTY” and collectively as “PARTIES.” RECITALS:
SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the “METROLINK” commuter train system on railroad rights-of-way owned by the member agencies and through other shared use and joint operation agreements. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“METRO”), Ventura County Transportation Commission (“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).
SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area proposed by CITY in the City of Covina. SCRRA and the “Operating Railroads” [as used herein “Operating Railroads" means any passenger or freight-related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this location on right-of-way owned by LACMTA, in accordance with the Shared Use Agreement dated December 20, 1990, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the “Intercity Agreement”.
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-2-
The CITY desires to establish a quiet zone at the Citrus Ave at-grade rail crossing, herein referred to as the "PROJECT". This street intersects the SCRRA San Gabriel Subdivision, herein referred to as the "CROSSING" and identified respectively as US DOT No. 747307C/CPUC No. l0lVY22.92 at Milepost 22.92.
SCRRA does not receive any funding through its budget process to support third party projects such as this one. SCRRA is required to enter into agreements, service contracts, and memorandum of understandings, and obtain deposits to cover the expenses of its staff, consultants, and contractors in the support of third-party projects. Therefore, CITY and SCRRA wish to enter into this AGREEMENT to establish roles, responsibilities, funding and processes for engineering design, engineering reviews, comments, acceptance of engineering plans, environmental documentation reviews and general engineering and planning support for interconnectivity between stations and future transportation studies for the PROJECT.
In conjunction with the PROJECT, SCRRA, at the CITY’s sole cost and expense, will provide design, planning and environmental support including engineering design review and attendance at design meetings and site visits as required to accommodate the PROJECT, hereinafter referred to as “DESIGN SUPPORT SERVICES”, and as detailed in Section I.1. of this AGREEMENT.
The PARTIES acknowledge that if CITY and its consultants and contractors need access within or adjacent to the railroad right-of-way to perform any design or construction work, a separate Right of Entry Agreement (Form 5 and Form 6, available at https://www.metrolinktrains.com/about/agency/engineering--construction/, are examples of such agreements; nothing herein shall be construed to bind the PARTIES to use those examples without the possibility of future modifications amenable to the PARTIES) between SCRRA and each entity must be issued before access can be provided.
The PARTIES acknowledge that a separate amendment to the existing Construction and Maintenance ("C&M") Agreement will be negotiated and entered into subsequently by the PARTIES for the actual construction and maintenance of the PROJECT. The PARTIES agree to
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-3-
enter into the C&M Agreement after designs are completed, but before construction begins. The amended C&M agreement will protect the PARTIES interests during construction of the PROJECT.
AGREEMENT
IN CONSIDERATION of the promises and mutual understandings of the PARTIES, and the faithful performance thereof:
SECTION I
SCRRA agrees as follows:
1. SCRRA shall provide "DESIGN SUPPORT SERVICES" as detailed herein during the development of the design of the PROJECT as follows:
a. Review and provide comments on engineering documents (plans, specifications, and reports) for the PROJECT as submitted by CITY for consistency and compliance with SCRRA design standards and criteria. SCRRA’s review and comments will be limited to the portion of the plans within the LACMTA Rightof-Way (ROW), any potential impacts to SCRRA’s operation and future capacity requirements within the LACMTA ROW, and station connectivity. b. Support the environmental review or permitting that may be required for construction of the PROJECT.
c. Support the master planning process to ensure that all modes of transportation for the PROJECT are fully considered and seamlessly connected. d. Attend coordination meetings and make site visits as required. e. Provide design support and technical information to the design team including furnishing SCRRA design criteria, SCRRA standard drawings, and other similar SCRRA engineering documents, and supporting CPUC application preparation as needed.
f. Provide SCRRA administrative support for the PROJECT to assist CITY in the development of the PROJECT including interdepartmental support.
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-4-
g. Develop an amendment to the existing C&M Agreement acceptable to both parties for the PROJECT. Said Amendment must be in place prior to construction. h. Provide flagging and railroad protective services for site visits. Provide cable marking for survey needs during design phase.
2. SCRRA shall issue Contract Task Orders (CTO’s) with its consultant(s) upon receipt of CITY’s deposit, to help support design and environmental review and as needed for required signal, communication, or other design services.
3. The performance of any additional services beyond the DESIGN SUPPORT SERVICES defined in Section I.1. and outlined in EXHIBIT “A” or elsewhere in this AGREEMENT, shall require an amendment to this AGREEMENT signed by both Parties.
4. SCRRA will provide Railroad Protective Services (Roadway Worker in Charge, Railroad Safety training, signal/communication cable marking), at CITY’s cost, to facilitate access for CITY staff, contractors or consultants to the LACMTA ROW for survey purposes. All CITY staff, contractors or consultants must be safety trained and certified prior to being allowed access onto the LACMTA ROW.
5. Signals determined to be obscured and/or signals and communication facilities determined to be in conflict with the proposed improvements will be relocated, if necessary. Any existing tracks, main line and/or industry track connections determined to be in conflict with the proposed improvements will be relocated. Relocations will be designed by SCRRA and relocated by SCRRA at CITY’s expense. SCRRA facilities that cannot be relocated because of operational or other constraints may require alteration to the design or construction procedures.
6. SCRRA shall designate a Project Manager as a single point of contact to oversee and manage SCRRA’s obligations under this AGREEMENT in coordination with CITY’s elected representative.
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-5-
7. Provide quarterly project status reports to CITY no later than the 30th of the month following the end of each quarter reflecting draw down of funds and funds expended for the PROJECT, including a progress report that includes status, and expenditures to budget.
8. To provide a reconciliation report to CITY within one-hundred eighty (180) days of completion of PROJECT, identifying the PROJECT surplus or deficit.
SECTION II
CITY agrees as follows:
1. CITY shall designate a Project Manager as its single point of contact to coordinate with SCRRA for all DESIGN SUPPORT SERVICES under this AGREEMENT.
2. CITY shall fund and bear the cost of one hundred percent (100%) of all DESIGN SERVICES as defined in Section I and outlined in EXHIBIT “A” of this AGREEMENT.
The costs associated with the DESIGN SUPPORT SERVICES are only estimates and may vary, for which CITY shall be responsible for reimbursement of one hundred percent (100%) of all costs incurred by SCRRA.
3. The total cost of the DESIGN SUPPORT SERVICES provided by this AGREEMENT shall not exceed the sum of $186,838.00. Within thirty (30) days of execution of this AGREEMENT, CITY agrees to deposit the full amount of $186,838.00 of the estimated cost of DESIGN SUPPORT SERVICES to be provided by SCRRA under EXHIBIT “A” of this AGREEMENT. SCRRA will be reimbursed on the basis of actual cost up to the "not-to-exceed" total amount. SCRRA shall notify CITY in writing when seventy-five percent (75%) of the deposited funds have been exhausted and include an estimate of what, if any, additional funds are estimated to be needed to complete the services under this AGREEMENT. If additional funding is required, then CITY and SCRRA shall amend the
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-6-
AGREEMENT in writing to provide for further funding as mutually agreed upon and CITY shall deposit the full amount of the additional funding within thirty (30) days of execution of the Amendment.
4. CITY shall be responsible for and fund any other costs associated with obtaining permits, right-of-way, encroachments, easements, and other entitlements necessitated by the PROJECT prior to construction of the PROJECT. CITY shall perform all coordination with third parties and statutory authorities.
5. CITY shall identify and locate all utility facilities within the LACMTA ROW, in its plans as required, and will protect or provide for relocation of such facilities. In the event that any utility work within the LACMTA ROW needs to be undertaken for any existing public and/or private utility during the design phase of the PROJECT, CITY will make all necessary agreements with the owners for the protection, relocation or removal of said facilities. CITY shall also provide copies of its letters of agreement with utility companies to SCRRA and LACMTA showing that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the LACMTA ROW.
6. In the event that any work under this AGREEMENT involves entry onto the LACMTA ROW by CITY, its consultant(s) or contractor(s), CITY shall require that all Parties comply and/or execute any necessary Right-of-Entry forms (Form 5, 6, 37) from SCRRA prior to the performance of such work.
7. CITY shall obtain and comply with any and all necessary approvals, real estate permits, licenses or easements, CPUC applications, and other authorizations required by applicable laws, regulations, rules, or ordinances prior to commencement of any work within LACMTA ROW from SCRRA’s member agency, LACMTA.
8. Should the funds deposited by CITY pursuant to this AGREEMENT be fully depleted at any time before the DESIGN SUPPORT SERVICES are completed, SCRRA may stop all
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-7-
work and not recommence until the not-to-exceed limit is amended in writing by the mutual consent of both Parties and received by SCRRA.
9. Any monies received from CITY under this AGREEMENT in excess of the amount needed for completion of the DESIGN SUPPORT SERVICES shall be returned to CITY within 180 days of completion of the DESIGN SUPPORT SERVICES if funds are not designated by CITY for the contemplated C&M Agreement.
SECTION III
MUTUAL AGREEMENT:
1. Neither SCRRA, nor the Operating Railroads as identified by SCRRA, nor any of SCRRA’s board members, member agencies, officers, agents, volunteers, contractors, or employees, shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by CITY under this AGREEMENT. CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractors, and employees (“SCRRA Indemnities”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnities arising out of or connected with any negligent acts or omissions on the part of CITY, its staff, contractors, or consultants under or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT.
2. Neither CITY, its staff, contractors, or consultants shall be responsible for any damage or
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-8-
liability occurring by reason of any acts or omissions on the part of SCRRA, or the Operating Railroads as identified by SCRRA, under or in connection with the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their staff, contractors, and consultants (“CITY Indemnities”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against CITY Indemnities arising out of or connected with any negligent acts or omissions on the part of SCRRA, any Operating Railroads as identified by SCRRA, as well as their respective board members, officers, agents, volunteers, contractors or employees under or in connection with any aspect of the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT.
This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT.
3. Termination for Convenience: Either Party may terminate this Agreement by providing thirty (30) days written notice of its intent to terminate for convenience to the other Party.
4. Acceptance by SCRRA shall mean only that the design meets the standards of SCRRA, and such acceptance by SCRRA shall not be deemed to mean that the design or construction is structurally sound and appropriate or that the design meets applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof.
5. In addition to the rights and obligations established in Sections III.1. and III.2. herein, and in contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-9-
caused by that party’s negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each party agrees to indemnify and hold harmless the other for any cost or expense that may be imposed upon such other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. Should any rights or obligations in this Section III.3. be in conflict with Sections III.1. and III.2., above, the rights and obligations established in this section shall prevail.
6. This AGREEMENT contains the entire understanding of the PARTIES and cannot be amended or modified except by a written amendment executed by both PARTIES.
7. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes in a timely manner to avoid delay costs.
8. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal.
9. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
10. In addition to the specific provisions of this AGREEMENT, delay in performance by any party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the party claiming an extension of time for any such cause. An extension of time
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-10-
for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause.
11. This AGREEMENT shall be construed and interpreted under the laws of the State of California.
12. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:
To CITY To SCRRA
Valerie Cortez
Senior Management Analyst
Justin Fornelli, P.E.
Chief, Program Delivery
City of Covina Southern California Regional Rail Authority 125 E College St,
Covina, CA 91723
2558 Supply St, Bldg. A
Pomona, CA 91767
13. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; act of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
This Agreement shall be made effective upon execution by both Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-11-
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL CITY OF COVINA
RAIL AUTHORITY
By: ________________________________ By: ______________________________ Darren M. Kettle Chris Marcarelllo
Chief Executive Officer City Manager
Date: ________________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ________________________________ By: ______________________________ Don O. Del Rio Kevin G. Ennis
General Counsel City Attorney
Date: ________________________________ Date: ______________________________
Citrus Ave Quiet Zone – City of Covina SCRRA Project No: 861049 Design Services Agreement
SCRRA File No.: TBD
San Gabriel Subdivision
MP 22.92
-12-
EXHIBIT "A"
CIRTUS AVE QUIET ZONE
DESIGN SERVICES AGREEMENT
BUDGETED SCHEDULE AND COST
ATTACHMENT B
RESOLUTION CC 2026-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2026/2027 OPERATING BUDGET AND APPROPRIATE $186,868 FROM AVAILABLE
PROPOSITION A FUND – FUND BALANCE FOR USE TOWARDS THE
DESIGN SERVICES AGREEMENT BETWEEN SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY
OF COVINA FOR THE CITRUS AVENUE QUIET ZONE INSTALLATION
PROJECT
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 2026-2027 Operating Budget & Capital Improvement Plan (CIP) was approved on May 5, 2026; 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 2026/2027 Capital Improvement Program and appropriate $186,838 from available Proposition A Local Return Fund – Fund Balance for use towards the Design Services Agreement between the SCRRA and the City of Covina for the Citrus Avenue Quiet Zone Installation Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2026/2027 Operating Budget and appropriate $186,838 from available Proposition A Local Return – Fund Balance for use towards the Design Services Agreement between the SCRRA and the City of Covina for the Citrus Avenue Quiet Zone Installation Project.
Account
No.
Account Description Amount
($)
Increase/Dec
rease
2400TO01
-51990
Prop A – Op-Metrolink –Other
Professional Services
$186,838 Increase
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 7
th day of July, 2026.
Resolution CC 2026-64 Page 2 of 2
City of Covina, California
BY:
HECTOR DELGADO, 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 2026-64 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 7
th day of July, 2026, 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 11
Meeting: July 7, 2026
Title: Award of Professional Services Agreement to Z&K Consultants, Inc. for Construction Management & Inspection Services for the Wingate Park Regional EWMP Project – Project No. WM211 in an Amount Not-To-Exceed $1,149,659 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Award of Professional Services Agreement to Z&K Consultants, Inc. for Construction Management & Inspection Services for the Wingate Park Regional EWMP Project – Project No. WM211 in an Amount Not-To-Exceed $1,149,659 and authorize the City Manager to execute the agreement; and
2. Authorize a contingency amount of $75,000 for additional services as needed.
EXECUTIVE SUMMARY:
The City of Covina is part of the Upper San Gabriel River Enhanced Watershed Management Group, which formed after 2012 and worked together to develop an Enhanced Watershed Management Program (EWMP) to address the Municipal Separate Storm Sewer System (MS4) Permit. The EWMP was used to look at existing Total Maximum Daily Loads and impairments within the group area. A water quality model was developed and calibrated based on available water quality data to understand what needed to be implemented to address water quality requirements.
The Wingate Park Regional EWMP Project was identified as a priority project in the Upper San Gabriel River Enhanced Watershed Management Plan. Following a preliminary feasibility study, it was determined that the Wingate Park site would be an ideal location to divert stormwater for a watershed area encompassing 1,000 acres in Covina, Glendora, San Dimas and County unincorporated areas.
Following this study, the City was successful in competitive grant efforts to secure $24.1 million in Los Angeles County Measure W funds for the design/construction of the project.
BACKGROUND/DISCUSSION:
As a part of the City’s Fiscal Year 2026-2027 Capital Improvement Program, the City Council approved the Wingate Park Regional EWMP Project – Project No. WM211 for construction. The project has many benefits that directly impact the community with the main benefit being that of water quality improvement for the region. The project is designed to capture and treat stormwater runoff before it reaches our local waterways and thus promotes healthier ecosystems and safer water for people and wildlife alike.
Local water supply reliability through groundwater recharge is another major goal for the project. By capturing and infiltrating stormwater, we replenish our groundwater basins which secure a more sustainable, drought resilient water source for the region. The reduction in carbon emissions is important to note as a part of this project with various new tree plantings, and sustainable drought tolerant landscape throughout the area to provide not only features to beautify the space but also improve air quality and shade. Moreover, the project will create opportunities for education and outreach. The incorporation of signage coupled with community programs will help patrons learn about water conservation and stormwater management efforts.
Lastly, the surface enhancements at the park will be a new multi-purpose field, parking lot, walking trail, and playground to provide a welcoming and functional updated community space for patrons to enjoy.
A Request for Proposals (RFP) was published in the San Gabriel Valley Examiner on January 29, 2026, February 5, 2026, February 12, 2026, and February 19, 2026, as well as published on the City’s website for that corresponding period of time. In response to the RFP, six (6) sealed proposals were submitted to the City Clerk’s Office on Thursday, February 26, 2026, at 10:00 AM. City staff proceeded to invite five (5) firms for interviews held on Monday, April 20, 2026, and subsequently reviewed and ranked the five (5) firms according to evaluation criteria contained in the RFP as noted below:
Evaluation Criteria
Project understanding/project approach (25 points)
Experience (25 points)
Proposed Team and Organization (25 points)
Proposed Fee (25 points)
On balance, the City’s interview panel ranked the five (5) firms who interviewed accordingly:
Rank Consultant Location Rating
1 Z&K Consultants, Inc. Riverside, CA 90%
2 CWE Fullerton, CA 82%
3 Siterep Construction Services, Inc. San Dimas, CA 63% 3 FCG Consultants Yorba Linda, CA 63%
4 Willdan Group, Inc. City of Industry, CA 57%
City staff comprehensively reviewed all pertinent proposal documents and thus recommends an Award of Professional Services Agreement to Z&K Consultants, Inc. for Construction Management & Inspection Services for the Wingate Park Regional EWMP Project – Project No. WM211. Z&K Consultants, Inc. has completed similar work projects related to construction management and inspection services related to stormwater for various municipalities across Southern California including the cities of South Gate, La Habra, Whittier, and Newport Beach.
FISCAL IMPACT:
Project funding for the Award of Professional Services Agreement with Z&K Consultants, Inc. for Construction Management & Inspection Services for the Wingate Park Regional EWMP Project – Project No. WM211 is allocated within Account No. 25105600-55330-WM211 and will be carried over from FY 25-26 to FY 26-27 for use towards said project:
Fund Amount Account No.
Measure W $1,224,659 25105600-55330-WM211
Total $1,224,659
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project involves negligible or no expansion of an existing use.
Respectfully submitted,
City of Covina (RFP No. 2025-01)
Construction Management &
Inspection Services for Wingate
Park Regional EWMP Project,
Project No. WM211
February 25, 2026 ATTACHMENT A
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Table of Contents
A. THE WORK PROPOSAL
i. Letter of Interest.............................................................................................................01 ii. Firm Profile and Qualifications.................................................................................02 iii. Resumes of Key Personnel ......................................................................................03 iv. Work Plan ......................................................................................................................08 v. Organizational Chart....................................................................................................20 vi. Firm Qualifications......................................................................................................23 vii. Objections to Professional Services Agreement...............................................27 B. THE COST PROPOSAL
i. Cost Proposal & ii, Hourly Rate Schedule ...........................................Envelope #2 2
i. Letter of Interest
City of Covina, Wingate Park
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
1 i. Letter of Interest
February 26, 2026
City of Covina, Public Works Department
125 E. College Street, Covina, CA 91723
Re: Proposal for Construction Management & Inspection Services for Wingate Park Regional EWMP Project, Project No. WM211 (RFP No. 2025-01)
Dear Selection Committee,
Z&K Consultants, Inc. is pleased to submit our proposal to provide Construction Management and Inspection Services for the Wingate Park Regional EWMP Project. We understand this project integrates regional stormwater infrastructure with major park improvements and requires disciplined oversight, environmental compliance, and strong field coordination. Our team is prepared to deliver structured management and proactive support to ensure successful completion.
Project Understanding / Project Approach
The project includes stormwater diversion, pretreatment, and subsurface infiltration systems, along with playground, landscape, irrigation, parking, and electrical improvements. Successful delivery will require careful phasing, permit compliance, MMRP implementation, Safe Clean Water Program reporting, and prevailing wage oversight. In preparation for this proposal, Z&K has completed:
ü Comprehensive review of the plans, specifications,
MMRP, and permit requirements
ü Site visit to evaluate existing conditions and access ü Preliminary constructability review to identify
challenges and solutions
ü Drone photography and video documentation
Our approach emphasizes early risk identification, structured submittal and change management, strong inspection presence, certified payroll monitoring, and clear communication with City staff.
Experience
Our experience includes storm drain and regional water quality improvements, athletic field and playground construction, landscape and irrigation upgrades, parking lot rehabilitation, and electrical systems. Many required environmental compliance monitoring and labor compliance administration comparable to this project.
Z&K has successfully delivered more than 20 similar park and public facility improvement projects in the past five years.
Proposed Team and Organization
The project will be led by the same core team that has successfully delivered numerous similar park and public facility improvement projects. Zack Faqih, PE, QSD/P, CBO, ICC, will serve as Senior Construction/Project Manager, supported by Brittany Duhn, PE, QSD/P, as Assistant Construction Manager, and Tom Dawson, CBO, ICC, as Senior Construction Inspector. This team has worked together on multiple comparable park improvement projects, providing consistent leadership, field oversight, and contract administration. Specialized environmental, stormwater, labor compliance, and materials testing services will be supported by experienced discipline leads and our subconsultant Ninyo & Moore.
Z&K is committed to delivering this project with professionalism, accountability, and technical expertise. We appreciate the opportunity to support the City of Covina and look forward to partnering with you on this important regional and community improvement effort.
Respectfully submitted,
Crystal Fraire, PE
President (Principal-in-Charge)
17130 Van Buren Blvd. #122, Riverside, CA 92504
(951) 310-7470 | [email protected]
ii. Firm Profile and
Qualifications
City of La Habra, Vista Grande
Park Improvement Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
2 ii. Firm Profile and Qualifications
Z&K Consultants, Inc. is a Southern California-based professional consulting firm specializing in Construction Management, Construction Inspection, Project Management, and regulatory compliance services for municipal infrastructure and capital improvement projects. Founded in 2009, Z&K provides disciplined, fieldfocused oversight for public agencies throughout Riverside, San Bernardino, Los Angeles, and Orange Counties.
Our core services include construction management, resident engineering, full-time inspection, labor compliance administration, stormwater compliance oversight, materials testing coordination, and contract administration. Z&K’s experience spans stormwater infrastructure, roadway rehabilitation, park improvements, athletic field construction, public facility upgrades, and utility projects.
Registrations & Licenses
Z&K Consultants, Inc. maintains all required registrations and licenses necessary to perform public works construction management and inspection services in the State of California, including:
ü Registered Professional Engineering Firm – State of California ü Active California Professional Engineer (Civil) Licenses held by key personnel ü California Department of Industrial Relations (DIR) Public Works Registration ü City Business Licenses as required by contracting agencies All professional engineering services are performed under the responsible charge of licensed California Professional Engineers.
Certifications & Training
Z&K’s leadership and inspection personnel maintain certifications and professional credentials directly applicable to the Wingate Park Regional EWMP Project, including:
• Professional Engineer (PE), Civil – State of
California
• Registered Landscape Architect (RLA)
• Certified Construction Manager (CCM)
• Project Management Professional (PMP)
• Certified Erosion, Sediment, and Stormwater
Inspector (CESSWI)
• Qualified Stormwater Developer (QSD) / Qualified
Stormwater Practitioner (QSP)
• Certified Building Official (CBO)
• ICC Certified Construction Inspector
• ACI Certified Concrete Field Testing Technician
• OSHA 30-Hour Construction Safety Training
• NPDES and MS4 Stormwater Compliance Training
• Prevailing Wage and Labor Compliance
Administration Training
• First Aid / CPR Certification
These certifications demonstrate Z&K’s comprehensive expertise in construction management, stormwater compliance, environmental oversight, landscape improvements, and regulatory coordination—ensuring the City receives qualified, technically proficient oversight throughout the duration of the project.
Small Business & DBE Certifications
Z&K Consultants, Inc. is certified as a:
ü Small Business Enterprise
(SBE)
ü Disadvantaged Business
Enterprise (DBE)
ü Woman Business Enterprise
(WBE)
Our materials testing subconsultant, Ninyo & Moore, is a Caltrans-certified laboratory and maintains all applicable professional registrations and laboratory certifications required to perform geotechnical and materials testing services for public works projects.
Documentation of current certifications can be provided upon request.
iii. Resumes of Key
Personnel
City of South Gate, Hollydale Community
Park Improvement Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
3 iii. Resumes of Key Personnel
Zack Faqih, PE, QSD/P, CBO, ICC
Senior Construction/Project Manager
Education
• MSCE – Civil Engineering,
California State University,
Fullerton
• BSCE – Engineering,
California State University,
Los Angeles
Licenses &
Certifications
• Professional Civil
Engineer, California No.
C57958
• SWPPP QSD/QSP, No.
22055
• Certified Building Official
(ICC #3741)
• Mechanical, Plumbing,
Electrical Inspector (ICC
Certified)
• OSHA 30-Hour
Certification
• Temporary Pedestrian
Facilities Training
Zack Faqih brings extensive experience leading construction management for municipal capital improvement projects that integrate regional stormwater infrastructure with public park redevelopment. His background includes oversight of detention and infiltration systems, underground drainage and diversion structures, utility relocations, structural and concrete improvements, irrigation and landscape reconstruction, electrical systems, ADA upgrades, and comprehensive park revitalizations. He has managed projects involving bioretention basins and subsurface drainage systems requiring coordination with regulatory agencies and strict adherence to public works standards.
Zack directs long-duration, multi-discipline construction efforts and is responsible for schedule management, submittal and RFI review, change order evaluation, cost control, contractor oversight, and documentation compliance. He emphasizes early constructability review, proactive risk mitigation, and disciplined contract administration to ensure infrastructure improvements are delivered safely, efficiently, and in full compliance with City objectives and environmental requirements.
Experience (Senior Construction Manager)
City of South Gate, Hollydale Community Park Improvements | Provided senior construction management oversight for phased community park improvements incorporating stormwater retention elements within an active urban park environment. Scope included grading, underground drainage systems, integrated retention infrastructure, sports courts, playground installation, parking lot reconstruction, irrigation upgrades, ADA-compliant pathways, and site electrical improvements. Managed contractor coordination, baseline and look-ahead scheduling, submittal and RFI review, change order negotiation, certified payroll compliance, and stormwater integration while maintaining safe public access throughout construction.
City of South Gate, Circle Park Improvements | Led construction management services for park revitalization including civil grading, underground utilities, drainage and retention improvements, ADA accessibility upgrades, irrigation systems, landscape enhancements, and site amenities.
Oversaw contractor sequencing within constrained site conditions, resolved field conflicts involving utilities and drainage tie-ins, reviewed technical submittals, enforced quality control standards, and ensured schedule adherence and regulatory compliance.
City of Whittier, Parnell Park Renovation | Served as Senior Construction Manager for comprehensive park renovation including splash pad installation, zoo area upgrades, sports courts, bandshell improvements, parking lot reconfiguration, EV charging stations, drainage upgrades, irrigation replacement, and ADA accessibility enhancements. The project required integration of stormwater improvements and specialty installations within an active public facility. Directed contractor performance, coordinated inspection services, reviewed RFIs and change orders, enforced schedule milestones over a 260-working-day duration, and maintained compliance with prevailing wage and public works standards.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
4 Desert Recreation District, Thermal Community Park | Provided construction management oversight for development of a 10-acre community park including baseball fields, splash pad, covered stage, restroom facilities, lighting systems, utility relocations, and stormwater BMP implementation. The ARPA-funded project required federal reporting, Good Faith Effort documentation, and SWPPP compliance. Managed contractor coordination, schedule control, change management, cost tracking, and multi-agency interface across civil, electrical, landscape, and utility scopes.
City of San Bernardino, Nicholson Park Improvements | Oversaw park revitalization including site grading, drainage infrastructure, playground installation, irrigation systems, ADA-compliant walkways, concrete hardscape, and electrical improvements. Managed contractor performance, inspection coordination, submittal review, and stormwater compliance measures while maintaining progress in a high-use community park environment. Coordinated phased construction sequencing to minimize public disruption and ensured quality control and adherence to City standards throughout all civil and landscape improvements.
City of Costa Mesa, Jack Hammett Sports Complex Parking Lot & ADA Upgrades | Provided senior construction management for parking lot reconstruction, slurry seal application, ADA curb ramp upgrades, concrete flatwork, fencing improvements, lighting upgrades, irrigation modifications, and construction of a new storage building. Coordinated phased construction to maintain operational access, reviewed change proposals, verified ADA compliance, and enforced quality and schedule standards consistent with City specifications. Oversaw inspection services and contractor sequencing to ensure safe public access, minimize disruption to ongoing recreational activities, and maintain compliance with accessibility and public works requirements throughout construction.
City of La Habra, Vista Grande Park Improvements | Led construction management for park improvements including earthwork, asphalt paving, concrete hardscape, bioretention basins, drainage piping, irrigation systems, landfill-related mitigation elements, and structural components. The project incorporated infiltration features and stormwater capture elements requiring environmental coordination and multi-discipline sequencing. Managed contractor coordination, inspection oversight, quality control, and compliance with Standard Specifications for Public Works Construction and Caltrans standards.
City of Garden Grove, Woodbury Park Revitalization & Expansion | Provided senior construction management for full park redevelopment including demolition, new playground areas, pool and pool house construction, skate plaza, basketball courts, lighting systems, parking lot upgrades, stormwater infrastructure, and ADA improvements. The project required Davis-Bacon compliance, DIR-certified payroll monitoring, and federal documentation. Managed contractor coordination, submittal and RFI review, cost control, and schedule enforcement across complex multi-trade scopes.
City of Newport Beach, 2023–2024 Playground Improvements | Oversaw playground replacements including poured-in-place rubber surfacing systems, specialty playground equipment installation, concrete seat walls, ADA-compliant pathways, and compliance with CPSI-certified installation requirements.
Coordinated specialty subcontractors, reviewed material submittals and manufacturer certifications, enforced schedule milestones, and ensured compliance with City construction standards and safety regulations.
City of Irwindale, Park Phase IV & V Improvements | Provided construction management services for phased park development including grading, underground utilities, landscape installation, hardscape improvements, site amenities, and irrigation systems. Managed multi-phase sequencing, contractor coordination, quality assurance, inspection services, and resolution of field conflicts across overlapping scopes of work.
City of La Quinta, SilverRock Park Venue Improvements | Served as Senior Construction Manager for complex park and venue construction including lake and stream improvements, HDPE storm drain systems, grinder pump installation, force main construction, retaining walls, amphitheater and stage development, irrigation systems, lighting upgrades, and ADA parking improvements. The project required HUD/Davis-Bacon labor compliance, Section 3 reporting, stormwater coordination, and specialty civil infrastructure integration.
Managed contract administration, risk mitigation, change order evaluation, schedule enforcement, and multiagency coordination on this technically demanding public improvement project.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
5 Brittany Duhn, PE, QSD/P
Assistant Construction Manager
Education
• Bachelor of Science in Civil
Engineering – California
State Polytechnic
University, Pomona, 2017
Licenses &
Certifications
• Professional Civil
Engineer, California No.
C91078
• SWPPP QSD/QSP, No.
27609
• OSHA 30-Hour
Certification
Brittany Duhn provides construction management support for complex municipal infrastructure and public park improvement projects that integrate stormwater facilities, drainage systems, utility coordination, and comprehensive site redevelopment. Her experience includes supporting detention and infiltration improvements, underground utility installation, irrigation systems, electrical coordination, ADA accessibility upgrades, playground installation, and park reconstruction within active public environments.
Brittany is responsible for documentation control, submittal and RFI tracking, progress payment review, certified payroll coordination, and change management support. She works closely with field inspectors and contractors to monitor schedule adherence, maintain accurate project records, and ensure compliance with contract specifications and regulatory requirements. Her proactive approach to coordination and organization helps maintain project momentum while minimizing risk and resolving field issues efficiently.
Experience (Assistant Construction Manager)
City of South Gate, Hollydale Community Park Improvements | Supported construction management for phased community park improvements incorporating stormwater retention components, drainage infrastructure, sports courts, playground areas, parking lot reconstruction, irrigation systems, and ADA upgrades. Assisted with submittal and RFI tracking, progress payment review, certified payroll coordination, and documentation control while supporting contractor coordination and maintaining schedule compliance within an active public park environment.
City of South Gate, Circle Park Improvements | Provided assistant construction management support for park revitalization including grading, integrated drainage improvements, utilities, ADA pathways, irrigation systems, and landscape enhancements. Managed document control processes, tracked contractor submittals and change requests, coordinated inspection activities, and supported resolution of field conflicts to maintain project momentum and regulatory compliance.
City of La Habra, Vista Grande Park Improvements | Supported construction management for park improvements including earthwork, asphalt paving, concrete hardscape, bioretention basins, drainage piping, irrigation systems, and structural components. Assisted with stormwater compliance documentation, submittal review, inspection coordination, and progress tracking across civil, landscape, and drainage scopes while maintaining organized contract records and supporting regulatory coordination.
City of Whittier, Parnell Park Renovation | Assisted with construction management for comprehensive park renovation including splash pad installation, zoo area upgrades, sports courts, parking lot reconstruction, drainage improvements, irrigation replacement, electrical upgrades, and ADA enhancements. Supported contractor coordination, managed submittal and RFI tracking, reviewed pay applications, maintained certified payroll documentation, and helped monitor schedule performance throughout the 260-day construction duration.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
6 Tom Dawson, CBO, ICC Cert.
Senior Construction Inspector
Licenses &
Certifications
• Certified Building Official
(CBO)
• International Code Council
(ICC) Certifications –
Building Plan Examiner,
Commercial & Residential
Mechanical, Electrical,
Plumbing Inspector
• California Commercial
Combination Inspector
• Contractor License No.
674861
• Cal-OSHA 30-Hour
Certification
Tom Dawson brings extensive field inspection experience supporting municipal infrastructure and public park improvement projects throughout Southern California. His background includes inspection of civil grading, underground drainage systems, storm drain installations, bioretention and infiltration features, concrete flatwork, ADA-compliant pathways, irrigation systems, lighting improvements, and structural components within active public facilities.
Tom provides full-time field oversight to ensure construction activities comply with approved plans, specifications, and public works standards. He is responsible for daily inspection reporting, materials verification, coordination of testing services, monitoring of concrete placement and compaction activities, verification of ADA compliance, and confirmation of stormwater and drainage installations. His experience includes inspection of HDPE storm drain systems, underground utilities, and complex site improvements requiring close coordination among multiple trades.
Tom’s disciplined field presence, attention to detail, and clear communication with contractors and City staff help maintain construction quality, schedule adherence, and public safety throughout all phases of work.
Experience (Senior Construction Inspector)
City of South Gate, Circle Park Improvements | Served as Senior Construction Inspector for park revitalization including civil grading, underground drainage improvements, integrated retention elements, utilities, ADA-compliant pathways, irrigation systems, and landscape installation.
Performed daily field inspections, verified compaction and concrete placement, coordinated materials testing, and ensured drainage and utility installations met City standards and approved plans. Monitored trenching operations, confirmed proper installation of storm drain piping and structures, and documented field conditions to support compliance with public works specifications and stormwater requirements.
City of San Bernardino, Nicholson Park Improvements | Provided full-time inspection services for park revitalization including grading, storm drainage infrastructure, playground installation, irrigation systems, concrete flatwork, and electrical improvements. Monitored contractor activities, verified ADA compliance, coordinated inspection and testing services, and maintained daily reports to ensure quality control and adherence to specifications. Inspected drainage tie-ins, subgrade preparation, and compaction testing to confirm long-term performance of civil and hardscape improvements.
City of La Habra, Vista Grande Park Improvements | Served as Senior Inspector for park improvements incorporating earthwork, asphalt paving, concrete hardscape, bioretention basins, drainage piping, irrigation systems, and structural components. Verified installation of infiltration and drainage features, inspected trenching and backfill operations, monitored compaction testing, and coordinated with environmental compliance representatives to ensure proper stormwater system implementation. Confirmed grading elevations and flow paths for bioretention basins and drainage conveyance systems to support infiltration and regulatory compliance objectives.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
7 City of Whittier, Parnell Park Renovation | Provided field inspection services for comprehensive park renovation including splash pad construction, sports courts, zoo area improvements, parking lot reconstruction, drainage infrastructure, irrigation upgrades, and ADA pathways. Inspected concrete placement, utility installations, and specialty features while maintaining daily documentation and coordinating materials testing and contractor compliance. Verified storm drainage installation, surface grading, and utility connections to ensure proper runoff management and adherence to approved civil plans.
City of Costa Mesa, Jack Hammett Sports Complex Parking Lot & ADA Upgrades | Performed inspection oversight for parking lot reconstruction, slurry seal, ADA curb ramp upgrades, concrete flatwork, irrigation modifications, fencing, lighting upgrades, and construction of a new storage building. Verified ADA slope requirements, concrete specifications, and compaction results while coordinating inspection and maintaining quality assurance standards. Reviewed traffic control implementation, monitored asphalt placement and base preparation, and ensured compliance with City public works specifications throughout phased construction.
Inspected underground utility tie-ins and verified drainage improvements to ensure proper surface runoff management and long-term pavement performance.
City of Newport Beach, 2023–2024 Playground Improvements | Served as field inspector for playground replacements including poured-in-place rubber surfacing systems, specialty playground equipment installation, concrete seat walls, and ADA-compliant pathways. Verified specialty installer compliance, inspected subgrade preparation and concrete base installation, and coordinated inspection sign-offs consistent with City standards.
Monitored surfacing thickness requirements, manufacturer installation guidelines, and safety compliance to ensure proper impact attenuation and long-term durability. Ensured concrete placement, drainage slopes, and perimeter transitions met accessibility and public works requirements.
City of Irwindale, Park Phase IV & V Improvements | Provided inspection services for phased park development including grading, underground utilities, landscape installation, hardscape improvements, and irrigation systems. Monitored contractor sequencing, verified compaction and trenching operations, and ensured compliance with approved plans and public works specifications. Coordinated materials testing, verified underground utility alignments, and maintained detailed daily reports to track quality and schedule performance across concurrent scopes of work. Inspected drainage systems and utility crossings to confirm proper installation and prevent future settlement or water intrusion issues.
City of La Quinta, SilverRock Park Venue Improvements | Served as Senior Construction Inspector for complex park and venue construction including lake and stream improvements, HDPE storm drain systems, grinder pump installation, force main construction, retaining walls, amphitheater and stage development, irrigation systems, and lighting improvements. Inspected underground utility installations, coordinated materials testing, verified concrete and structural components, and ensured compliance with stormwater and public works standards. Oversaw installation of large-diameter conveyance piping and flow control systems while confirming proper grading and drainage integration across the site. Verified pump system installation, structural foundations, and water feature components to ensure performance and regulatory compliance.
City of Garden Grove, Woodbury Park Revitalization & Expansion | Provided field inspection services for full park redevelopment including demolition, playground areas, pool and pool house construction, skate plaza, basketball courts, lighting systems, parking lot improvements, stormwater infrastructure, and ADA upgrades.
Monitored contractor performance, verified installation of drainage systems and utilities, coordinated testing, and maintained daily construction documentation. Ensured adherence to prevailing wage requirements, inspection protocols, and public safety standards while supporting timely completion of multi-discipline improvements.
Inspected underground storm drain installations and surface grading to confirm proper runoff control and compliance with approved civil plans.
City of Tustin, Veterans Sports Park Improvements | Served as Construction Inspector for sports park enhancements including detention basin improvements, grading, underground drainage infrastructure, irrigation systems, athletic field improvements, ADA pathways, and site utilities. Verified excavation depths, compaction, and installation of drainage and infiltration components to support stormwater detention and aquifer recharge objectives. Coordinated materials testing, monitored concrete and utility installations, and ensured compliance with City standards and approved construction documents throughout phased park development.
iv. Work Plan
City of Costa Mesa, Jack Hammett Sports
Complex Expansion Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
8 iv. Work Plan
Project Understanding
The City of Covina’s Wingate Park Regional EWMP Project represents a multi-benefit stormwater capture and groundwater recharge improvement designed to advance regional MS4 compliance while enhancing an active community park. The Project consists of a 1.65- acre underground infiltration gallery and associated diversion, pretreatment, and conveyance infrastructure within the eastern portion of Wingate Park, adjacent to Charter Oak Wash.
Regional Stormwater Capture
The Project will divert wet-weather flows from Charter Oak Wash downstream of the existing 69-inch reinforced concrete pipe and double 6-foot by 6-foot reinforced concrete box storm drain confluence, route flows through a pretreatment device to remove sediment, trash, zinc, bacteria, and other priority pollutants identified in the Upper San Gabriel River EWMP, and infiltrate approximately 350 acre-feet of stormwater annually into the underlying alluvium. The design allows dry-weather flows to bypass the diversion structure in order to sustain downstream habitat conditions within Charter Oak Wash while maintaining hydraulic functionality during storm events.
Park Integration & Site Constraints
Construction will occur within a 17-acre active regional park that serves youth leagues and community recreation. The work includes significant excavation and export, installation of prefabricated concrete vault structures, diversion structure construction within the channel, placement of large-diameter conveyance piping, and restoration of park amenities including multi-purpose fields, natural play areas, droughttolerant landscaping, irrigation systems, and parking lot improvements.
Environmental & Regulatory Framework
The Project is subject to environmental commitments identified in the adopted Mitigated Negative Declaration and associated mitigation monitoring requirements. These include protection of riparian vegetation and nesting birds, heritage tree protection and replacement, tribal consultation coordination, archaeological and paleontological monitoring during deep excavation, noise management in proximity to residential receptors, and jurisdictional permitting including Section 401 and 404 authorizations, Streambed Alteration Agreement requirements, and Los Angeles County Flood Control District approvals.
Construction Delivery Considerations
Successful implementation will require careful sequencing of diversion work, infiltration gallery excavation and subgrade preparation, vault installation, channel-adjacent construction, and restoration activities to ensure hydraulic performance while maintaining environmental compliance and safe public access.
This Project is a regionally significant EWMP improvement integrating water quality enhancement, groundwater recharge, habitat protection, and park restoration within a constrained urban setting. Successful delivery will require proactive construction management, disciplined documentation, coordinated environmental oversight, and continuous field-level quality assurance.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
9 Overall Construction Management Approach
Z&K’s construction management approach for the Wingate Park Regional EWMP Project is built on disciplined contract administration, proactive risk management, and strong field-based oversight. Given the project’s integration of regional stormwater infrastructure within an active public park environment, our management framework emphasizes early coordination, controlled communication channels, and continuous monitoring to ensure quality, compliance, and schedule performance.
Leadership & Accountability | A dedicated Senior Construction Manager will serve as the City’s primary point of contact, supported by an Assistant Construction Manager and full-time Senior Construction Inspector. Clear reporting lines and defined responsibilities will be established at project initiation to ensure timely decision-making, efficient issue resolution, and consistent coordination among the City, contractor, design team, and regulatory agencies.
Field Oversight & Quality Control | Z&K maintains a field-driven oversight model. Fulltime inspection presence will verify compliance with approved plans, specifications, and permit conditions during grading, diversion structure installation, subsurface vault placement, utility tie-ins, concrete placement, and park restoration. Daily inspection reports, photographic documentation, and testing verification will provide defensible records and real-time visibility into construction progress.
Contract Administration & Controls | Structured tracking systems will be implemented for submittals, RFIs, change orders, certified payroll, materials testing, and progress payments. All contractor submissions will be reviewed for technical compliance, constructability alignment, and schedule impact. Payment applications will be validated against field-verified quantities and approved progress milestones prior to recommendation for approval.
Communication & Coordination | Weekly construction progress meetings will be conducted to review schedule status, safety, environmental compliance, submittals, testing results, and outstanding action items. Two-week look-ahead schedules will be required to anticipate upcoming work activities and minimize conflicts. Z&K will coordinate closely with the City to support public interface management, including access adjustments and safe separation of construction activities from active park areas.
Risk Management | The Project presents key risk areas including channel-adjacent construction, protected tree proximity, subsurface vault tolerances, environmental timing constraints, and site access limitations. Z&K will monitor these risks proactively, elevate potential concerns early, and work collaboratively with the City and contractor to implement corrective measures before impacts to cost or schedule occur.
Cost Control & Budget Management | Z&K will implement structured cost monitoring procedures to protect the City’s budget and maintain alignment with funding allocations.
Independent review of change order proposals will include quantity verification, unit price validation, and evaluation of schedule impacts prior to recommendation. Monthly cost tracking summaries will reconcile approved change orders, contingency usage, and remaining contract balance to provide the City with clear financial visibility throughout construction. Early identification of potential cost exposure will allow corrective action before impacts escalate.
Through structured management, disciplined documentation, and consistent field oversight, Z&K will provide the framework necessary to deliver the Wingate Park Regional EWMP Project safely, efficiently, and in full compliance with City objectives and regulatory commitments.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
10 Stormwater Infrastructure Oversight
The Wingate Park Regional EWMP Project’s primary infrastructure component is the diversion, treatment, and subsurface infiltration system designed to capture and recharge stormwater from an approximately 1,100-acre tributary area. Z&K’s oversight approach is focused on constructability precision, hydraulic performance verification, and long-term operational reliability.
Diversion Structure & Channel Interface
Installation of the diversion structure within Charter Oak Wash requires precise elevation control and careful coordination with channel-adjacent work limits. Z&K will verify structure placement, invert elevations, reinforced concrete installation, and tie-ins to the existing 69-inch RCP and 6’x6’ RCB confluence. Particular attention will be given to maintaining channel integrity, protecting adjacent vegetation, and ensuring dry-weather bypass functionality is preserved in accordance with project intent.
Inspection activities will include trenching oversight, bedding verification, structural embedment review, erosion control monitoring, and confirmation of outlet and overflow alignment to maintain downstream hydraulic continuity.
Pretreatment, Vaults & Flow Control Components
The pretreatment device and associated vault structures are critical to system performance and pollutant removal efficiency. Z&K will review submittals for manufacturer compliance, confirm embedment elevations, inspect structural connections, and verify access and maintenance clearances.
Installation of the flow meter vault and actuated valve assembly will be monitored to ensure proper integration with the diversion system and downstream conveyance piping. Functional testing and commissioning verification will be coordinated prior to system acceptance.
Subsurface Infiltration Gallery
The 1.65-acre underground infiltration gallery represents a largefootprint subsurface installation requiring controlled excavation and precise subgrade preparation. Z&K will oversee:
• Over-excavation limits and stabilization measures
• Subgrade elevation tolerances
• Compaction testing and aggregate placement verification • Precast unit alignment and joint integrity
• Protection of installed units during phased construction • Controlled backfill sequencing and compaction
Close coordination with materials testing services will confirm that compaction requirements, aggregate specifications, and structural tolerances meet project standards before restoration proceeds.
Conveyance & Underground Infrastructure
Large-diameter RCP and HDPE conveyance piping will be inspected for proper bedding, joint assembly, alignment, and tie-in accuracy. Z&K will monitor trench safety, verify clearances from protected trees and utilities, and confirm proper installation of access structures, manholes, and cleanouts to support long-term maintainability.
Long-Term System Performance
Throughout construction, Z&K will focus on protecting infiltration capacity and system functionality by ensuring separation of native soils from aggregate layers, preventing contamination of infiltration media, and verifying cleanout and maintenance access points are constructed in accordance with design intent.
Our oversight approach is structured to ensure that the completed stormwater system performs hydraulically as designed, meets water quality objectives, and provides durable groundwater recharge benefits consistent with EWMP and Safe, Clean Water Program goals.
Precast StormTrap Unit Installation
– Similar Constrained Site
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Environmental Compliance & MMRP Integration
Z&K Consultants has completed a detailed review of the Wingate Park Regional EWMP Project Initial Study/Mitigated Negative Declaration (IS/MND), associated Notice of Intent, regulatory agency comments, and the Mitigation Monitoring and Reporting Program (MMRP). These documents establish the enforceable mitigation framework governing construction of the diversion structure, subsurface infiltration gallery, and park improvements at Wingate Park.
The Project includes work within and adjacent to Charter Oak Wash, deep excavation for installation of a 1.65-acre underground infiltration system, vegetation removal, and restoration of park amenities. As such, environmental compliance is not ancillary — it is a core construction management responsibility.
MMRP Compliance & Enforcement Framework | Z&K will implement a comprehensive Mitigation Compliance Matrix (See example below) that cross-references:
• All adopted MMRP mitigation measures
(BIO, CULT, TCR, PALEO, NOISE)
• Section 401, 404, and Section 1602
permit conditions
• LACFCD approvals
• Contract specifications and bid items
• Construction sequencing milestones
This matrix will function as a living document
and will be updated continuously throughout
construction. Each mitigation measure will be
assigned verification checkpoints tied to
grading, trenching, diversion construction,
infiltration vault installation, and restoration
activities. No ground-disturbing activity will
proceed without documented clearance
confirming prerequisite mitigation measures
have been satisfied.
Biological Resource Protection | The IS/MND identifies potential impacts to riparian vegetation and sensitive species including least Bell’s vireo, yellow warbler, bats, nesting birds, and raptors. Z&K will ensure:
• Pre-construction nesting bird surveys within seven
days of ground disturbance
• Implementation of seasonal avoidance windows
• Enforcement of required nest buffers and stopwork authority • Completion of least Bell’s vireo protocol surveys if
required
• Bat habitat assessment and exclusion procedures
• Installation and maintenance of protective fencing
around heritage trees
• Verification of tree removal and preservation
permits
• Monitoring of tree mitigation and replacement
measures
• Hand excavation within dripline areas to minimize
root disturbance
Biological monitoring logs, survey reports, and buffer documentation will be maintained in the project compliance record.
Lake & Streambed Alteration Compliance | Diversion work within or adjacent to Charter Oak Wash requires compliance with Fish and Game Code Section 1600 et seq. Z&K will verify that all LSA notification and agreement requirements are secured prior to channel work. Hydrologic evaluations and storm frequency considerations will be confirmed as part of compliance documentation. Channel stabilization, erosion control, and post-disturbance restoration measures will be monitored to ensure protection of bed and bank features and downstream flow conditions.
EVMWD - REGIONAL WATER RECLAMATION FACILITY UPGRADES PROJECT Clean Water State Revolving Fund (CWSRF)
Summary of Mitigation Measures
Project No.: C
Project: LADWP Haynes Generating Station Recycled Water Pipeline (Cultural Resources) MM Mitigation Item Per MMRP and/or Funding Agreement Responsible Party Frequency of
Reporting
Date(s) Completed (first
date will be listed if a
training with updating)
Quarterly
Report
Submitted to
State Document 1 Required Document 2 Required
Project No.
CUL-2
Treatment of Human Remains
In accordance with California Health and Safety Code Section 7050.5, if human remains are found, the Los Angeles County Coroner shall be immediately notified of the discovery. No further excavation or disturbance of the site or any nearby area resonably suspected to overlie adjacent remains (100 feet or as determined by the project archaeologist) shall occur until the procedures set forth in this measure have been implemented. If the County Coroner determines that the remains are, or are believed to be, Native America, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours. In accordance with California PRC Section 5097.98, the NAHC must immediately notify those persons it believes to be the Most Likely Descendant (MLD) from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains.
City of Long
Beach; and DRP
As necessary
during
construction
activities
Coroner's Report/Evaluation,
as necessary
CUL-3
Archaeological Resource and/or Tribal Cultural Resource Discovery and Treatment In the event of the unanticipated discovery of archaeological or other cultural resources, whether discovered through Native American monitoring or not, all work activities in the area (within approximately 100 feet of the discovery) shall be halted or redirected until the discovery can be evaluated by a qualified archaeologist. Construction shall not resume until a qualified archaeologist has conferred with the City and responsible agencies and, in the case of prehistoric archaeological resources and tribal cultural resources, the Native American monitor, on the significance of the resource. If it is determined that the discovered archaeological resource and/or tribal cultural resource is significant under CEQA, avoidance and preservation in place shall be the preferred manner of mitigation, pursuant to PRC Section 21083.2(b) and Section 21084.3. Preservation in place may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that the preservation in place is demonstrated to be infeasible and data recovery through excavation is the only feasible mitigation available, a Treatment Plan shall be prepared and implemented by a qualified archaeologist, in consultation with the City, that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource or cultural information in the event of a tribal cultural resource. The City shall also consult with appropriate Native American representatives in determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the resources, beyond those that are scientifically important, are considered. Any evaluation and treatment shall be supervised by an individual or individuals that meet the Secretary of the Interior's Professional Qualification Standards.
City of Long
Beach; DRP; and
Contractor
During
Construction,
as necessary
Cultural Resources
Monitoring Reports, as
necessary
11 Page 227 of 760
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Cultural, Tribal, and Paleontological Resources | Deep excavation associated with infiltration system installation triggers archaeological, tribal cultural, and paleontological monitoring requirements. Z&K will ensure:
• Qualified archaeological monitor presence during
ground disturbance
• Worker environmental and cultural awareness
training prior to grading
• Immediate stop-work protocols for unanticipated
discoveries
• Compliance with Health & Safety Code and PRC
procedures for human remains
• Native American tribal monitor coordination
pursuant to AB 52
• Enforcement of 50-foot stop-work buffer if tribal
cultural resources are encountered
• Paleontological monitoring in sensitive geologic
formations
• Fossil recovery, curation, and final reporting where
required
• Installation of approved tribal cultural interpretive signage during closeout
All discoveries and monitoring activities will be documented through daily logs and coordination records.
Noise & Community Protection | Construction is subject to established working hour limitations and noise mitigation measures. Z&K will verify:
• Compliance with permitted construction hours
• Equipment placement away from sensitive
receptors where feasible
• Use of properly functioning mufflers
• Establishment of a Noise Disturbance
Coordinator and complaint response protocol
Complaint logs and response documentation will be maintained throughout construction.
Landscaping & Habitat Restoration | The Project requires restoration of vegetation and park features impacted by underground construction. Z&K will verify:
• Use of drought-tolerant, native plant species
• Avoidance of invasive species
• Compliance with approved plant palettes
• Irrigation installation and functional testing
• Restoration success consistent with mitigation
commitments
Documentation & Reporting | Environmental compliance will be embedded into:
• Daily inspection reports
• Weekly construction meetings
• Submittal and SWPPP review processes
• Mitigation tracking summaries
• Final Mitigation Compliance Summary Report at
closeout
Special-status species observations will be submitted to the California Natural Diversity Database where required. Final archaeological, paleontological, and biological monitoring reports will be verified prior to project closeout.
Safe, Clean Water Program (SCWP) Reporting & Funding Compliance The Wingate Park Regional EWMP Project is funded through the SCWP and is subject to performance tracking and reporting requirements tied to measurable stormwater capture and groundwater recharge benefits.
Z&K understands that accurate documentation and funding compliance are critical to maintaining eligibility and supporting watershed performance objectives. Z&K will support SCWP requirements by maintaining structured, audit-ready documentation, including:
• Verified quantities of installed stormwater
infrastructure
• Progress summaries aligned with approved
milestones
• Photographic documentation of key system
components
• Change order tracking tied to stormwater scope
Installation and testing of diversion structures, pretreatment devices, and flow monitoring equipment will be verified to ensure the system functions as designed and supports projected capture volumes. All documentation will be maintained in a centralized digital repository to support mid-year and annual reporting and facilitate response to any audit or Watershed Area Steering Committee (WASC) inquiries.
Mitigation Monitoring & Reporting Program (MMRP) Enforcement Summary Mitigation
ID Resource Area Key Requirement / Summary CM/Inspection Enforcement & Verification Timing /
Phase
Documentation &
Deliverables
BIO-1 Biological
Resources
Preconstruction nesting bird
surveys; establish buffers and
avoid active nests during
breeding season
Verify qualified biologist survey
completion ≤7 days prior to
ground disturbance; enforce nowork buffers and stop-work authority if nesting observed
Preconstruction
and grading
Survey reports, daily
inspection logs, noncompliance notices if
applicable
BIO-2 Biological
Resources
Least Bell’s vireo protocol
surveys and seasonal avoidance
measures
Confirm protocol-level surveys
and ensure work restrictions
within breeding season;
coordinate with biologist and City
Preconstruction /
construction
Biological monitoring
reports and
coordination logs
BIO-3 Biological
Resources
Bat habitat assessment and
exclusion/avoidance measures if
roosts present
Verify bat surveys completed;
ensure implementation of
exclusion buffers or relocation
procedures per biologist
recommendations
Preconstruction
Survey documentation
and compliance
tracking logs
BIO-4 Biological
Resources
Restoration/revegetation of
disturbed riparian or native
vegetation areas
Monitor restoration installation,
plant palette compliance, and
success criteria per plans and
specs
Construction &
postconstruction
Restoration inspection
reports and punchlist
verification
BIO-5 Biological
Resources
Jurisdictional delineation and
regulatory compliance for Charter
Oak Wash
Confirm delineation completed
and permits/approvals secured
prior to work within or adjacent to
waters
PreconstructionDelineation reports and
permit confirmations
BIO-6 Biological
Resources
Tree survey and protection
measures for heritage/protected
trees
Verify arborist survey and
protective fencing installation
prior to grading; monitor
compliance during construction
Preconstruction
and ongoing
Arborist reports, field
verification photos
BIO-7 Biological
Resources
Obtain required tree
removal/preservation permits
Confirm permits obtained prior to
removal or trimming; ensure
compliance with permit conditions
PreconstructionPermit copies and
compliance checklist
BIO-8 Biological
Resources
Tree mitigation measures
(replacement, relocation, or fees)
Track mitigation obligations and
confirm implementation
consistent with City requirements
Construction &
postconstruction
Mitigation tracking log
and final compliance
memo
BIO-9 Biological
Resources
Use hand tools within tree dripline
and minimize root disturbance
Verify contractor implements
hand excavation limits and root
protection methods
Construction Inspection reports and
field observation logs
13 Page 229 of 760
BIO-10 Biological
Resources
Install protective fencing around
retained trees
Confirm fencing installed prior to
mobilization and maintained
throughout construction
Preconstruction &
ongoing
Photo documentation
and inspection
verification
CULT-1 Cultural
Resources
Archaeological monitoring and
worker awareness training
Verify qualified monitor present
during ground disturbance;
confirm training conducted for
construction crews
Preconstruction
and grading
Training sign-in sheets
and monitoring logs
CULT-2 Cultural
Resources
Halt work and evaluate if
archaeological resources
discovered
Enforce immediate stop-work
protocol; coordinate evaluation
and treatment plan with City and
archaeologist
Construction
Incident reports and
coordination
documentation
CULT-3 Cultural
Resources
Prepare final archaeological
monitoring report and DPR forms
Confirm completion and submittal
of final report to City and
agencies
PostconstructionFinal archaeological
report and DPR forms
CULT-4 Cultural
Resources
Human remains procedures
(Coroner, NAHC, MLD
coordination)
Enforce stop-work and regulatory
notification procedures in
compliance with Health & Safety
Code
Construction
Compliance records
and correspondence
logs
PALEO-1 Paleontological
Resources
Paleontologist monitoring, fossil
recovery, and final reporting
Confirm monitoring conducted in
sensitive areas and ensure fossil
handling per approved plan
Construction &
postconstruction
Monitoring logs and
final paleontological
report
NOISE-1 Noise
Use mufflers and locate
equipment away from sensitive
receptors
Verify contractor implements
equipment controls and
construction-hour restrictions
Construction Field inspection logs
and complaint tracking
NOISE-2 Noise
Establish Noise Disturbance
Coordinator and complaint
response protocol
Confirm hotline/point of contact
established; track and resolve
community complaints
Construction
Complaint log and
response
documentation
TCR-1 Tribal Cultural
Resources
Native American monitoring and
50-foot stop-work buffer for
discoveries
Coordinate tribal monitor
presence; enforce stop-work and
consultation procedures if
resources found
Construction Monitoring logs and
consultation records
TCR-2 Tribal Cultural
Resources
Install cultural interpretive
signage/marker in coordination
with Kizh Tribe
Verify design coordination and
installation consistent with
approved plans
Construction /
closeout
Installation verification
and acceptance
documentation
14 Page 230 of 760
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Project Challenges & Constructability Coordination
Subgrade Preparation & Vault Bearing Tolerances
Reference Sheet C-06, Construction Notes 5 and 6
Challenge
Sheet C-06 requires over-excavation of two feet below the infiltration system, backfill of one foot of native material compacted to 80%, and placement of ¾-inch crushed rock beneath precast units. Construction Note No. 6 requires the subgrade to be uniformly level to properly support the infiltration system. The infiltration gallery footprint is approximately 60,900 square feet.
Why It
Matters
Uniform elevation control across the 60,900 SF footprint is critical to prevent uneven bearing surfaces, differential settlement, and long-term structural performance issues.
Z&K
Approach
Z&K will verify over-excavation depth, compaction testing, aggregate placement thickness, and subgrade tolerances prior to precast installation. Inspection will confirm compliance with compaction and elevation requirements before vault placement proceeds.
Tree Protection & Storm Drain Line “A” Coordination
Reference Sheet 23 (Tree Disposition Plan), Sheet L-02 (Landscape Plan), Sheet C-09 (Storm Drain Plan & Profile)
Challenge
Sheet 23 identifies trees designated to remain in place that are located in proximity to the proposed 42-inch reinforced concrete pipe (RCP) gravity storm drain north of the diversion structure. The excavation limits shown on Sheet C-09 may overlap with protected root zones identified on Sheet L-02.
Why It
Matters
Conflicts between civil excavation limits and protected tree root zones can generate RFIs, construction delays, and potential environmental non-compliance if not identified early.
Z&K
Approach
Z&K will coordinate a pre-construction overlay review of civil and landscape sheets to confirm clearance and tree protection limits. Field verification of tree fencing and root zone protection will be completed prior to trenching. Any discrepancies will be elevated immediately to the City and design team to prevent construction conflicts.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Large Footprint & Constrained Site Access
Reference Sheets C-03, C-04 (Infiltration Layout), overall site plan Challenge
The proposed subsurface infiltration system occupies approximately 60,900 square feet and will require excavation at 1:1 side slopes. The site is bounded by the Metrolink corridor to the north, Charter Oak Wash to the south, and existing park amenities to the west. The project is served by a single ingress/egress driveway from North Glendora Avenue.
Why It
Matters
Limited staging area and constrained access increase the risk of haul conflicts, crane congestion, material staging inefficiencies, and safety concerns during excavation and precast installation.
Z&K
Approach
Z&K will require a detailed logistics and phasing plan prior to excavation. Construction sequencing will be monitored to maintain safe access routes, preserve stabilized work areas, and reduce operational conflicts between trucking and crane operations.
Channel-Adjacent Diversion Construction
Challenge Diversion structure construction within or adjacent to Charter Oak Wash requires precise elevation control and coordination with channel stabilization and environmental permit conditions.
Why It
Matters
Improper sequencing or stabilization could impact hydraulic performance, environmental compliance, or downstream flow conditions.
Z&K
Approach
Z&K will monitor structure elevations, channel interface work, and stabilization measures to ensure compliance with approved plans and permit conditions. Channel-adjacent work will be sequenced to minimize exposure and maintain downstream hydraulic continuity.
Pretreatment Vault Location & Maintenance Access
Reference Sheets C-03 and C-04
Challenge The pretreatment unit is shown beneath a designated ADA parking stall, with access via a single manhole lid.
Why It
Matters
Maintenance access within an ADA stall may create operational conflicts during routine inspection or cleaning activities.
Z&K
Approach
Z&K will verify pretreatment vault placement, access clearances, and surface restoration to ensure maintenance activities can be conducted safely and efficiently while maintaining accessibility compliance.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Schedule & Phasing Strategy
The subsurface infiltration gallery installation will be sequenced in a controlled, phased manner consistent with constrained site conditions and StormTrap manufacturer recommendations.
Phased Infiltration Installation Approach
Excavation will commence at the north end of the gallery footprint, where the plan area is smallest, allowing controlled haul truck access from North Glendora Avenue. Trucks will enter and back in from the south to facilitate safe export of excavated material and stockpiling of native material for reuse as backfill.
Excavation will proceed with 1:1 side slopes extending to the curb return at the north driveway. Upon reaching subgrade, a temporary 10:1 access slope will be constructed within the driveway limits to provide safe entry for drilling rigs, aggregate deliveries, and crane operations.
Precast StormTrap units will be delivered from North Glendora and staged within the excavation footprint. Installation will progress southward to the limit of excavation.
Backfill operations using stockpiled native material, staged along the west side of the site, will begin at the north end and advance south, stopping approximately 20 feet from the last installed unit in accordance with manufacturer recommendations.
After stabilization of the northern section, excavation will be “flip-flopped” from the south end advancing
northward. During this phase, aggregate and precast
deliveries will travel over the previously backfilled
northern section while maintaining offset from the
most recently installed units to protect installed vault components.
Following full gallery installation and backfill,
excavation will proceed for the diversion structure,
pretreatment vault, flow meter vault, and actuated
valve tie-ins. This phased “half-and-half” approach:
• Maintains controlled crane access
• Reduces haul route conflicts
• Preserves stabilized staging areas
• Protects installed vault units
• Minimizes settlement risk
• Maintains safe construction circulation
Channel Work & Environmental Timing
Channel-adjacent diversion construction will be scheduled after infiltration gallery stabilization to reduce congestion and limit exposure within Charter Oak Wash. Work windows will be coordinated with permit conditions and seasonal constraints to maintain hydraulic continuity and environmental compliance.
Ongoing Schedule Control
Z&K will review the contractor’s baseline CPM schedule, require detailed two-week look-ahead schedules, and monitor excavation, vault installation, and restoration milestones to maintain overall project duration. Potential delays will be identified early and addressed through coordinated corrective action to protect the 370 workingday construction timeline.
Our team has prepared a preliminary project schedule incorporating this phased installation approach. 17 Schedule Risk
Controls
• Two-week look-ahead
enforcement
• Weather monitoring
during channel work
• Early RFI escalation
protocol
• Materials
procurement tracking
• Critical path
monitoring
Preliminary Project Schedule
18 Activity ID Activity Name Original Duration Start Finish CWP CITY OF COVINA - WINGATE PARK 437 06-Apr-26 13-Dec-27 CWP.3 ADMINSTRATION 437 06-Apr-26 13-Dec-27
CWP.3.1 NTP CONTRACT MILESTONES 437 06-Apr-26 13-Dec-27 A0300 START DATE NTP JULY 13, 2026 (TENTATIVELY) 0 13-Jul-26* A0400 PRECONSTRUCTION SERVICES/COUNCIL AWARD DATE 0 06-Apr-26* A1030 CONSTRUCTION NTP - PROPOSED CONTRACT DURATION JULY 13, 2026 - DECEMBER 13, 2027 (17 Month Duration)
370 13-Jul-26* 13-Dec-27
A1041 DOCUMENT CONTROL 0 06-Apr-26
CWP.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS 0 06-Apr-26 06-Apr-26 A1035 Construction Schedule 0 06-Apr-26*
A1040 Storm Water & Drainage Material 0 06-Apr-26*
A1050 Concrete and Asphalt Mix Designs 0 06-Apr-26*
A1100 Electrical Materials 0 06-Apr-26*
A1110 Landscape and Irrigation Materials 0 06-Apr-26*
A1120 Fencing 0 06-Apr-26*
A1130 Signage & Monument Signs 0 06-Apr-26*
A1140 Diversion Structure Including Grate 0 06-Apr-26*
CWP.2 CONSTRUCTION 360 13-Jul-26 29-Nov-27
CWP.2.1 WINGATE PARK 360 13-Jul-26 29-Nov-27
A1000 Mobilization 10 13-Jul-26* 24-Jul-26
A1005 Demolition, Removals, Clearing and Grubbing, Unclassified Excavation 65 27-Jul-26 26-Oct-26 A1010 Installation of Storm Drainage, Electrical , Ect 105 27-Oct-26 22-Mar-27 A1020 Concrete Improvements 55 23-Mar-27 07-Jun-27
A1021 Lighting 20 08-Jun-27 05-Jul-27
A1231 Playground and Resilent Play Surface 50 06-Jul-27 13-Sep-27 A1270 Landscape & Irrigation 20 14-Sep-27 11-Oct-27
A1340 Site Amenities and Improvements 15 12-Oct-27 01-Nov-27 A1356 Parking Lot Improvements 20 02-Nov-27 29-Nov-27
A1357 Punchlist 10 16-Nov-27 29-Nov-27
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2026 2027 2028
13-Dec-27, CWP CITY OF COVINA - WINGATE PARK
13-Dec-27, CWP.3 ADMINSTRATION
13-Dec-27, CWP.3.1 NTP CONTRACT MILESTONES
START DATE NTP JULY 13, 2026 (TENTATIVELY), 13-Jul-26*
PRECONSTRUCTION SERVICES/COUNCIL AWARD DATE, 06-Apr-26*
CONSTRUCTION NTP - PROPOSED CONTRACT DURATIO
DOCUMENT CONTROL, 06-Apr-26
06-Apr-26, CWP.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS
Construction Schedule, 06-Apr-26*
Storm Water & Drainage Material, 06-Apr-26*
Concrete and Asphalt Mix Designs, 06-Apr-26*
Electrical Materials, 06-Apr-26*
Landscape and Irrigation Materials, 06-Apr-26*
Fencing, 06-Apr-26*
Signage & Monument Signs, 06-Apr-26*
Diversion Structure Including Grate, 06-Apr-26*
29-Nov-27, CWP.2 CONSTRUCTION
29-Nov-27, CWP.2.1 WINGATE PARK
Mobilization
Demolition, Removals, Clearing and Grubbing, Unclassified Excavation Installation of Storm Drainage, Electrical , Ect
Concrete Improvements
Lighting
Playground and Resilent Play Surface
Landscape & Irrigation
Site Amenities and Improvements
Parking Lot Improvements
Punchlist
CITY OF COVINA
WINGATE PARK REGIONAL EWMP PROJECT
PROJECT NO WM211
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Task-by-Task Scope of Work Implementation
Z&K will provide construction management and inspection services in accordance with the City’s defined scope of work. Our implementation approach for each task is outlined below.
No. Task Name Approach
1 PreConstruction
Services
Conduct a pre-con meeting to establish communication protocols, submittal procedures, environmental requirements, safety expectations, documentation standards, and phasing logistics. Review the contractor’s baseline CPM schedule for sequencing logic and constructability alignment prior to mobilization. 2 Submittal
Review & Log
Implement a structured submittal tracking system. Review submittals for compliance with approved plans, specifications, permit conditions, and manufacturer requirements, particularly for stormwater components and precast infiltration units. 3 RFI Review &
Log
Log and track RFIs, review for technical accuracy and schedule impact, and coordinate timely responses to minimize disruption to critical path activities. 4 Change Order
Review
Z&K will evaluate change order requests for scope justification, cost reasonableness, unit pricing verification, and schedule impact. Field conditions will be verified prior to recommendation. Contingency usage will be tracked and reported to the City. 5 Full-Time
Construction
Inspection
A full-time Senior Construction Inspector will provide daily field oversight, verifying compliance with grading tolerances, subgrade preparation, infiltration vault placement, diversion structure installation, drainage tie-ins, utility relocations, concrete placement, ADA compliance, and park restoration activities 6 Materials
Testing
Z&K will coordinate with Ninyo & Moore for compaction testing, concrete testing, asphalt testing, and aggregate verification. Test results will be reviewed and documented to ensure compliance prior to progression of work. 7 Certified
Payroll Review
Z&K will review weekly certified payroll submissions for prevailing wage compliance, proper worker classification, apprentice utilization, and DIR registration verification.
Discrepancies will be addressed promptly with the contractor. 8 Progress
Payment
Review
Monthly pay applications will be reviewed against field-verified quantities, approved bid items, and documented progress. Z&K will confirm that payment requests accurately reflect work in place prior to recommendation for approval. 9 Schedule
Monitoring
Z&K will review and monitor the contractor’s CPM schedule and require updated twoweek look-ahead schedules. Critical path activities will be tracked, and potential delays will be identified early to protect the 370 working-day construction duration. 10 Weekly
Progress
Meetings
Z&K will conduct and document weekly progress meetings covering schedule status, safety, environmental compliance, testing results, submittals, RFIs, change orders, and upcoming work activities.
11 Punchlist
Development
Upon substantial completion, Z&K will coordinate preliminary and final punchlist inspections, identifying incomplete or non-conforming work and tracking corrective actions through resolution.
12 Project
Closeout
Z&K will verify submission of as-built drawings, warranties, O&M manuals, testing documentation, mitigation verification reports, and final regulatory documentation prior to final acceptance.
13 Agency
Coordination
Z&K will coordinate required inspections and approvals with LACFCD, CDFW, and other permitting agencies to ensure compliance and documentation of approvals. 14 Environmental
Services
Z&K will implement the MMRP, coordinate biological and cultural monitors, track mitigation measures through the Compliance Matrix, and verify environmental permit conditions throughout construction.
15 SCWP
Reporting
Z&K will maintain structured documentation supporting SCWP funding requirements, including verification of installed stormwater infrastructure, capture-related components, and performance documentation for required reporting. 16 Labor
Compliance
Administration
Z&K will administer labor compliance requirements, including certified payroll review, prevailing wage monitoring, and coordination with DIR compliance requirements consistent with public works regulations.
v. Organizational Chart
City of South Gate, Circle Park
Improvement Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
20 v. Organizational Chart
Z&K Consultants has assembled a focused and experienced project team structured to provide clear leadership, consistent field oversight, and integrated environmental and compliance coordination for the Wingate Park Regional EWMP Project.
Key Personnel Commitment
Z&K is committed to providing the key personnel identified in this proposal for the duration of the Wingate Park Regional EWMP Project. No key personnel will be removed or replaced without prior written approval from the City. If unforeseen circumstances require a change, Z&K will propose a replacement of equal or greater qualifications for City review and approval.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
21 Project Team
Z&K has assembled a streamlined and experienced team structured to provide strong leadership, consistent field oversight, and integrated compliance coordination for the Wingate Park Regional EWMP Project.
Crystal Fraire, PE, QSD/P, Principal-in-Charge | Crystal Fraire provides executive oversight and strategic direction for Z&K’s municipal construction management programs. With extensive experience overseeing stormwater, groundwater recharge, roadway, and public facility improvements, she ensures that project resources, quality control procedures, and compliance protocols are maintained throughout the duration of the contract. For the Wingate Park Regional EWMP Project, Crystal will provide executive-level oversight, monitor staffing commitments, and ensure adherence to contractual obligations, funding requirements, and regulatory compliance standards.
Crystal is authorized to negotiate and execute contracts on behalf of Z&K Consultants and will provide executive oversight on an as-needed basis throughout the project duration.
Zack Faqih, PE, QSD/P, CBO, ICC, Senior Construction / Project Manager | Zack brings extensive experience managing subsurface infiltration systems, stormwater diversion structures, park redevelopment projects, and multi-agency coordination efforts.
His background includes oversight of grading, underground drainage, precast vault installation, ADA compliance, environmental integration, and long-duration public works construction. Zack will be responsible for contract administration, schedule monitoring, change order review, coordination with regulatory agencies, and overall quality assurance. His hands-on management style emphasizes early constructability review, proactive issue resolution, and protection of the City’s contractual position.
Zack Faqih will serve as the Project Manager and primary point of contact for the Wingate Park Regional EWMP Project. Zack is currently managing two municipal construction projects that are anticipated to conclude mid-late May, around the time Wingate Park construction is scheduled to begin. As those projects wind down, he will transition capacity to this assignment and will dedicate approximately 15 hours per week (approximately 35–40% availability during peak construction phases) to the Wingate Park Regional EWMP Project.
Brittany Duhn, PE, QSD/P, Assistant Construction Manager | Brittany Duhn will support day-to-day construction management activities, including documentation control, submittal tracking, RFI coordination, progress payment review, and certified payroll oversight. She has experience supporting stormwater infrastructure and park improvement projects requiring close coordination between civil, landscape, and environmental disciplines. For the Wingate Park project, Brittany will assist in maintaining organized project records, monitoring compliance with permit conditions, and ensuring timely communication between the City, contractor, and design team. Her structured approach supports schedule control and audit-ready documentation.
Brittany is currently supporting four municipal projects; however, her assigned level of effort allows her to dedicate approximately 10 hours per week to the Wingate Park project during active construction.
Tom Dawson, CBO, ICC, Senior Construction Inspector | Tom Dawson will provide full-time field inspection services for the Wingate Park Regional EWMP Project. He has extensive experience inspecting grading operations, underground drainage systems, precast infiltration vault installations, diversion structures, concrete flatwork, ADA improvements, and utility relocations. Tom will verify compaction testing, subgrade preparation, structural placement, and stormwater conveyance installations to ensure compliance with approved plans and specifications. His daily inspection reports and field documentation will provide transparency and accountability throughout construction.
Tom’s current assignment is scheduled to conclude mid-late May, prior to the anticipated start of construction at Wingate Park. He will be fully available and assigned 40 hours per week (100%) during active construction.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
Lisa Naslund, PE, QSD/P, Environmental Compliance & MMRP Manager | Lisa Naslund will oversee implementation of the Mitigation Monitoring and Reporting Program (MMRP) and environmental permit compliance requirements. Her experience includes coordination of biological monitoring, cultural resource compliance, and stormwater regulatory oversight for municipal infrastructure projects. For Wingate Park, Lisa will manage the Mitigation Compliance Matrix, coordinate environmental monitors, and ensure adherence to Section 401, 404, and 1602 requirements. She will integrate environmental compliance into weekly construction meetings and reporting processes to minimize regulatory risk.
Dion Castro, QSD/P, TOR, Stormwater Compliance & SCWP Reporting Manager | Dion Castro will oversee stormwater compliance and Safe, Clean Water Program (SCWP) reporting. His background includes NPDES compliance, SWPPP oversight, inspection of BMP implementation, and coordination of performance documentation for stormwater capture projects. For Wingate Park, Dion will verify diversion structure functionality, pretreatment installation, flow monitoring components, and documentation supporting capture volume reporting. He will ensure stormwater system installation aligns with design intent and funding accountability requirements.
Amber Garcia, Labor Compliance Manager | Amber Garcia will administer labor compliance services for the project, including certified payroll review, prevailing wage monitoring, and DIR compliance coordination. She has experience managing labor compliance documentation for public works construction projects and ensuring adherence to state and local requirements. For Wingate Park, Amber will review weekly payroll submissions, monitor worker classifications, and document compliance to protect the City from wage-related claims or audit findings.
Jesse Guzman, CESSWI, QSP, Senior Construction Inspector (Alternate / AsNeeded) | Jesse Guzman will serve as an alternate Senior Construction Inspector to provide supplemental field oversight during peak construction phases or schedule-critical activities. He has extensive experience inspecting grading, underground utilities, storm drain systems, erosion control measures, and infiltration infrastructure. As a Certified Erosion, Sediment, and Stormwater Inspector (CESSWI) and Qualified SWPPP Practitioner (QSP), Jesse brings strong stormwater compliance expertise to channeladjacent and subsurface installations. He will support compaction verification, drainage system inspection, and BMP monitoring to maintain compliance with project specifications and regulatory requirements.
Jenny Ye, RLA, Senior Landscape Architect (As-Needed) | Jenny Ye will provide landscape architecture support during park restoration and planting phases of the Wingate Park Regional EWMP Project. She brings experience overseeing installation of drought-tolerant native plant palettes, irrigation systems, ADA-compliant pathways, and park amenity restoration within municipal settings. Jenny will review planting layouts, verify irrigation functionality, and confirm compliance with approved landscape plans and mitigation commitments. Her involvement ensures successful re-establishment of vegetation and long-term park functionality following subsurface construction activities.
Ninyo & Moore, Materials Testing Subconsultant | Ninyo & Moore will provide geotechnical and materials testing services in support of grading, compaction, concrete placement, and asphalt installation. As a Caltrans-certified laboratory, Ninyo & Moore offers field and laboratory testing services in accordance with public works and municipal standards. Their services will include compaction testing, concrete cylinder testing, asphalt verification, and aggregate testing to ensure compliance with project specifications. Test results will be coordinated with the project inspection team to confirm compliance prior to progression of work.
vi. Firm Qualifications
City of Lake Forest, Vintage Park
Improvements Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
23 vi. Firm Qualifications
Z&K Consultants has successfully delivered multiple municipal projects integrating stormwater infrastructure, groundwater recharge systems, and public park improvements within active community environments. The following projects demonstrate experience directly relevant to the Wingate Park Regional EWMP Project.
City of South Gate, Hollydale Community Park Improvements Z&K provided construction management and full-time inspection services for phased improvements to Hollydale Community Park, an active urban park serving a densely populated residential area. The project incorporated stormwater retention components within a comprehensive park renovation and required coordination of civil, structural, landscape, and utility improvements within a constrained site footprint.
Scope included mass grading, installation of underground storm drain infrastructure, retention features, parking lot reconstruction, sports courts, playground installation, irrigation systems, ADA-compliant pathways, and site electrical upgrades. The project also required coordination with adjacent railroad right-of-way constraints, including scheduling considerations and protective measures near active rail operations. Construction was phased to maintain portions of the park operational while underground improvements were completed.
Z&K managed submittal review, RFI coordination, change order evaluation, schedule monitoring, certified payroll compliance, and full-time inspection services. Particular attention was given to grading tolerances, compaction verification, drainage tie-ins, and phased surface restoration to maintain public safety and minimize disruption.
Key Features
• Stormwater retention integration within active park
environment
• Underground storm drain installation and grading
control
• Constrained access adjacent to active railroad
corridor
• Phased construction to maintain public operations
• Full-time inspection and materials testing
coordination
• Prevailing wage and labor compliance
administration
Relevance to Wingate Park
Hollydale Community Park demonstrates direct experience managing stormwater infrastructure integrated within a public park setting. Similar to Wingate, the project required phased underground installation, drainage coordination, grading precision, public interface management, and regulatory compliance within constrained site conditions. The proximity to active rail operations further reflects experience working adjacent to sensitive infrastructure, comparable to Wingate Park’s adjacency to the Metrolink corridor.
Reference: Elias Saikaly, PE, Project Manager, (323) 563-9581, [email protected]
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
24 City of La Habra, Vista Grande Park Improvements
Z&K provided construction management and full-time inspection services for Vista Grande Park Improvements, a multi-discipline park redevelopment incorporating bioretention facilities and underground storm drainage infrastructure. The project required integration of stormwater capture elements within an active public park while maintaining compliance with municipal and environmental standards.
Scope included earthwork and grading, installation of bioretention basins, underground storm drain piping, asphalt paving, concrete hardscape, irrigation systems, landscape restoration, and structural components. The project required precise grading tolerances and compaction verification to support infiltration features designed to capture and percolate stormwater into underlying soils.
Z&K oversaw excavation sequencing, subgrade preparation, aggregate placement, and drainage tie-ins to ensure long-term hydraulic performance. Coordination between civil and landscape plans was required to restore park amenities following installation of subsurface improvements. Environmental compliance measures were integrated throughout grading and drainage activities.
Key Features
• Bioretention basin installation and infiltration
features
• Underground storm drain infrastructure
• Precise grading and compaction control
• Integrated civil and landscape restoration
• Active park construction with phased restoration
• Full-time inspection and regulatory coordination
Relevance to Wingate Park
Vista Grande Park Improvements demonstrate direct experience overseeing stormwater infiltration components integrated within a municipal park setting. Similar to the Wingate Park EWMP Project, the work required careful sequencing of underground infrastructure, grading tolerances to support infiltration performance, environmental coordination, and restoration of surface park features following subsurface construction. The integration of stormwater infrastructure within an active public environment closely parallels the technical and operational complexity anticipated at Wingate Park.
Reference: Elias Saikaly, PE, Director, (562) 383-4170, [email protected]
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
25 Desert Recreation District, Thermal Community Park
Z&K provided construction management services for the development of Thermal Community Park, a 10-acre community park project incorporating large-scale grading, stormwater BMP implementation, underground utilities, and public facility improvements. The project required coordination of civil infrastructure with park amenities within a multi-agency regulatory environment.
Scope included mass grading, installation of underground drainage infrastructure, stormwater best management practices (BMPs), baseball fields, splash pad construction, covered stage, restroom facilities, lighting systems, utility relocations, landscape improvements, and parking lot development. The project required careful sequencing of underground utilities and drainage components prior to surface improvements and amenity installation.
Z&K oversaw contractor coordination, schedule monitoring, submittal review, change order evaluation, and quality control across civil, electrical, and landscape scopes. Particular attention was given to grading tolerances, compaction verification, drainage tie-ins, and maintaining compliance with permit conditions and stormwater management requirements.
Key Features
• Large-scale park development (10-acre site)
• Stormwater BMP implementation and underground
drainage systems
• Mass grading and compaction control
• Multi-discipline coordination (civil, electrical,
landscape)
• Phased construction within active public
environment
• Structured contract administration and schedule
control
Relevance to Wingate Park
Thermal Community Park demonstrates experience managing complex civil and stormwater infrastructure within a public park setting at a scale comparable to Wingate Park. The integration of underground drainage systems, grading precision, phased construction, and multi-agency coordination reflects the level of oversight required for the Wingate Park Regional EWMP Project. The project’s scope required disciplined sequencing and documentation control similar to that anticipated for installation of the subsurface infiltration gallery and associated diversion infrastructure at Wingate Park.
Reference: Maureen Gessel, Capital Projects Manager, (760) 347-3484, [email protected]
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
26 Additional Relevant Experience
In addition to the featured projects above, Z&K Consultants has successfully delivered the following municipal park and infrastructure projects within the past five years that demonstrate experience relevant to the Wingate Park Regional EWMP Project:
City of Whittier, Parnell Park Renovation | Provided construction management and inspection services for comprehensive park renovation including splash pad installation, sports courts, zoo area improvements, drainage infrastructure, irrigation replacement, parking lot reconstruction, and ADA enhancements. The project required phased construction within an active park and coordination of underground utilities and drainage improvements.
City of South Gate, Circle Park Improvements | Provided construction management and inspection services for park revitalization including grading, underground storm drainage improvements, utilities, ADA-compliant pathways, irrigation systems, and landscape enhancements. The project required coordination of drainage installation within a constrained urban park environment and phased restoration of surface amenities following subsurface improvements.
City of San Bernardino, Nicholson Park Improvements | Provided full-time inspection services for grading, underground storm drainage installation, playground improvements, irrigation systems, and electrical upgrades.
The project required integration of drainage infrastructure within an operational community park environment.
City of Garden Grove, Woodbury Park Revitalization & Expansion | Provided construction management services for full park redevelopment including demolition, playground installation, pool and pool house construction, lighting systems, stormwater infrastructure, parking lot improvements, and ADA upgrades. The project required coordinated civil and landscape restoration within a constrained municipal site.
City of Newport Beach, Playground Improvements | Provided construction inspection services for playground replacements including poured-in-place surfacing systems, specialty equipment installation, concrete flatwork, and ADA-compliant pathways. Inspection oversight ensured compliance with CPSI requirements and municipal standards.
City of Costa Mesa, Jack Hammett Sports Complex
Improvements | Provided construction management for parking lot reconstruction, slurry seal application, ADA curb ramp upgrades, concrete flatwork, irrigation modifications, fencing, lighting improvements, and utility coordination. The project required phased construction to maintain operational access and compliance with public works standards.
City of Irwindale, Park Phase IV & V Improvements | Provided construction management for phased park development including grading, underground utilities, hardscape installation, irrigation systems, and landscape improvements. The project required sequencing coordination across overlapping construction phases.
City of La Quinta, SilverRock Park Venue Improvements | Provided construction management services for complex park and venue improvements including HDPE storm drain systems, grinder pump installation, force main construction, retaining walls, amphitheater development, and site lighting. The project required coordination of subsurface conveyance systems and surface amenities within constrained staging conditions.
Western Municipal Water District, Victoria Avenue Recharge Project | Provided construction inspection services for groundwater recharge improvements including excavation and grading of recharge basins, installation of large-diameter conveyance piping, infiltration structures, and flow control components. The project required deep excavation, subgrade preparation, compaction verification, and coordination of materials testing to ensure long-term hydraulic performance and groundwater recharge capacity. Inspection oversight included verification of trenching operations, aggregate placement, structural installation, and documentation consistent with water district and regulatory standards.
22
vii. Objections to
Professional Services
Agreement
City of San Bernardino, Nicholson Neighborhood
Park Improvement Project
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
27 vii. Objections to Professional Services Agreement
Objections to Professional Services Agreement
Z&K Consultants, Inc. has thoroughly reviewed the City of Covina’s Professional Services Agreement (Attachment A), including all sections, exhibits, and insurance requirements. We have no objections to the terms and conditions as presented.
Z&K Consultants, Inc. confirms that, if selected, we are prepared to execute the Professional Services Agreement and comply with all provisions, requirements, and obligations set forth therein. Our firm maintains the ability to meet the City’s insurance, indemnification, and contractual performance requirements as specified.
We understand that failure to accept the terms of the Professional Services Agreement may result in rejection of the proposal, and we affirm our commitment to enter into the Agreement in good faith and perform the services in accordance with its provisions.
This statement is submitted as confirmation that Z&K Consultants, Inc. accepts the City’s Professional Services Agreement without exception.
Click image to view aerial drone footage of Wingate Park project site.
City of Covina (RFP 2025-01), Construction Management & Inspection Services Wingate Park Regional EWMP Project, Project No. WM211
B. Cost Proposal
February 26, 2026
City of Covina, Public Works Department
125 E. College Street, Covina, CA 91723
Re: Proposal for Construction Management & Inspection Services for Wingate Park Regional EWMP Project, Project No. WM211 (RFP No. 2025-01)
Dear Selection Committee,
Z&K Consultants, Inc. is pleased to submit our Cost Proposal for Construction Management & Inspection Services for the Wingate Park Regional EWMP Project in response to the City of Covina’s RFP No. 2025-01. We appreciate the opportunity to support the City on this key capital improvement project and look forward to partnering with your team to deliver a wellmanaged, efficiently executed, and high-quality construction program. The total Not-to-Exceed amount for the proposed Construction Management and Inspection Services is $1,149,659, as detailed in the enclosed task-based fee breakdown.
This proposal is prepared in accordance with the RFP requirements. Our hourly rates are fully burdened and include wages, fringe benefits, overhead, fee, and standard tools and equipment necessary to perform the services. Rates apply to both onsite and offsite work. Construction management software platforms (e.g., Procore or equivalent) are excluded unless specifically requested and authorized by the City.
Z&K has assembled an experienced construction management and inspection team with extensive background delivering storm drain, groundwater recharge, park, and municipal infrastructure projects throughout Southern California. Our team will provide proactive field oversight, thorough documentation, and responsive coordination with the City and contractor to ensure construction is completed safely, efficiently, and in accordance with the Contract Documents.
Personnel Billing Rate Schedule
Personnel Name Position/Title for This Project License(s) Held Hourly Rate Crystal Fraire Principal-in-Charge PE, QSD, QSP $240.00 Zack Faqih Sr CM / Sr PM PE, QSD, QSP, CBO, ICC $206.00 Brittany Duhn Assistant Construction Manager PE, QSD, QSP $172.00 Tom Dawson Senior Construction Inspector CBO, ICC $188.00 Jesse Guzman Alt Senior Construction Inspector QSP, CESSWI $188.00 Lisa Naslund Environmental Compliance & MMRP Manager PE, QSD, QSP $168.00 Amber Garcia Labor Compliance Manager — $155.00
Overtime and Premium Time | Overtime (1.5x) applies
to hours worked over eight hours per day and Saturdays.
Double time (2.0x) applies to Sundays and recognized
holidays. Additional overtime beyond four weekday hours or eight Saturday hours will be billed at the double-time rate. A Special Shift is defined as work beginning after 5:00 PM and before 6:00 AM.
Prevailing Wage and DIR Adjustments | Services will
comply with applicable California DIR prevailing wage
requirements. The City will be requested to complete DIR Form PWC-100 for inspection services. Labor compliance
coordination will be billed as part of inspection services.
Minimum Callout Requirements | Per IWC Order No.
16-2001: 4-hr minimum for cancellation of an 8-hour
inspection after arrival; 2-hour minimum for cancellation of a 4-hour inspection after arrival.
Subconsultant | Ninyo & Moore will provide materials
testing and laboratory services on an as-needed basis
when authorized by the City. Services will be invoiced at their approved rates plus a ten percent (10%) markup for coordination and contract administration.
Validity | This Cost Proposal shall remain valid for one hundred eighty (180) calendar days from the date of
submittal.
Invoice Support and Documentation | Invoices will
include standard summaries and detailed timesheets. If
the City requests additional backup documentation or
meetings related to invoice review, such efforts will be billed at an administrative rate of $148 per hour, plus any applicable staff labor required to compile the requested information, and will be outside the Not-to-Exceed amount unless otherwise directed.
Z&K is committed to providing responsive, solutions-oriented construction management and inspection services and to supporting the City of Covina in the successful delivery of the Wingate Park Regional EWMP Project.
Sincerely,
Crystal Fraire, PE, President (Principal-in-Charge)
17130 Van Buren Blvd. #122, Riverside, CA 92504
(951) 310-7470 | [email protected]
ATTACHMENT B
Assumed Award Date 4/6/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Assumed NTP/Construction Start Date 7/1/26 22 23 21 22 22 21 23 21 20 23 22 21 22 22 22 22 21 22 23 Working Days (per RFP/Specifications) 370 Working Days PRECON CLOSE Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Jun-27 Jul-27 Aug-27 Sep-27 Oct-27 Nov-27 Dec-27 Position or Responsibility
% of Total
Hours Staff Firm Rate
Hours/
Quantity Fee
Task 1 – Pre-Construction Meeting
Senior Construction Manager/Senior Project Manager 0.4% Zack Faqih, PE, QSD/P Z&K $ 206.00 24 $ 4,944 24 Senior Construction Inspector 0.3% Tom Dawson, ICC Cert. Z&K $ 188.00 16 $ 3,008 16 Assistant Construction Manager 0.4% Brittany Duhn, PE, QSD/P Z&K $ 172.00 24 $ 4,128 24 Environmental Compliance & MMRP Manager 0.1% Lisa Naslund, PE, QSD/P Z&K $ 168.00 8 $ 1,344 8 Labor Compliance Manager 0.1% Amber Garcia Z&K $ 155.00 8 $ 1,240 8 Storm Water Compliance & SCWP Reporting Manager 0.1% Dion Castro, QSD/P, TOR Z&K $ 158.00 8 $ 1,264 8 $ 14,664
Tasks 2, 3, & 4 – Submittal, RFI, & Change Order Review & Response, and all other CM Tasks Outside of those Outlined in Tasks Senior Construction Manager/Senior Project Manager 10.6% Zack Faqih, PE, QSD/P Z&K $ 206.00 672 $ 138,432 42 38 40 40 38 42 38 36 42 40 38 40 40 40 40 38 40 Assistant Construction Manager 4.8% Brittany Duhn, PE, QSD/P Z&K $ 172.00 302 $ 51,944 19 17 18 18 17 19 17 16 19 18 17 18 18 18 18 17 18 Environmental Compliance & MMRP Manager 0.1% Lisa Naslund, PE, QSD/P Z&K $ 168.00 8 $ 1,344 4 4 Storm Water Compliance & SCWP Reporting Manager 0.2% Dion Castro, QSD/P, TOR Z&K $ 158.00 12 $ 1,896 4 4 2 2 $ 193,616
Task 5 – Construction Inspection
Senior Construction Inspector 46.9% Tom Dawson, ICC Cert. Z&K $ 188.00 2960 $ 556,480 184 168 176 176 168 184 168 160 184 176 168 176 176 176 176 168 176 $ 556,480
Task 6 – Testing Services Rate Quanity
Senior Technician 5.1% Senior Technichian/Hour Ninyo & Moore $ 156.00 324 $ 50,544 8 12 32 32 40 32 32 24 24 16 16 16 16 16 8 0 0 Soil Sample: R-value, D 2844, CT 301 0.0% Test/Each Ninyo & Moore $ 375.00 3 $ 1,125 Compression Tests, 6x12 Cylinder, C 39 0.2% Sample/Each Ninyo & Moore $ 35.00 10 $ 350 Nuclear Density Gauge 1.8% Equipment/Hour Ninyo & Moore $ 12.00 112 $ 1,344 Permeability, CH, D 2434, CT 220 0.1% Test/Each Ninyo & Moore $ 300.00 6 $ 1,800 Sieve Analysis, Coarse Aggregate, T 27, C 136 0.1% Test/Each Ninyo & Moore $ 120.00 4 $ 480 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 0.1% Test/Each Ninyo & Moore $ 145.00 4 $ 580 Proctor Density D1557, D 698, CT 216, AASHTO T-180 0.8% Test/Each Ninyo & Moore $ 220.00 48 $ 10,560 Moisture Only, D 2216, CT 226 1.0% Test/Each Ninyo & Moore $ 35.00 60 $ 2,100 $ 6,888
$ 75,771
Task 7 – Certified Payroll Compliance and Worker Hiring Review Labor Compliance Manager 2.2% Amber Garcia Z&K $ 155.00 140 $ 21,700 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 $ 21,700
Tasks 8, 9, and 10 – Progress Payments Review and Verification, Project Schedule Review, and Construction Progress Senior Construction Manager/Senior Project Manager 6.2% Zack Faqih, PE, QSD/P Z&K $ 206.00 393 $ 80,958 23 21 22 22 21 23 21 20 23 22 21 22 22 22 22 21 22 23 Senior Construction Inspector 1.1% Tom Dawson, ICC Cert. Z&K $ 188.00 72 $ 13,536 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Assistant Construction Manager 6.2% Brittany Duhn, PE, QSD/P Z&K $ 172.00 393 $ 67,596 23 21 22 22 21 23 21 20 23 22 21 22 22 22 22 21 22 23 $ 162,090
Tasks 11 and 12 – Preliminary/Final Punchlist and Final Walk Senior Construction Manager/Senior Project Manager 0.3% Zack Faqih, PE, QSD/P Z&K $ 206.00 16 $ 3,296 16 Senior Construction Inspector 0.4% Tom Dawson, ICC Cert. Z&K $ 188.00 24 $ 4,512 24 Assistant Construction Manager 0.4% Brittany Duhn, PE, QSD/P Z&K $ 172.00 24 $ 4,128 24 $ 11,936
Task 13 – Agency Coordination
Senior Construction Manager/Senior Project Manager 1.1% Zack Faqih, PE, QSD/P Z&K $ 206.00 72 $ 14,832 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Assistant Construction Manager 1.1% Brittany Duhn, PE, QSD/P Z&K $ 172.00 72 $ 12,384 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 $ 27,216
Task 14 – Environmental Services
Environmental Compliance & MMRP Manager 3.4% Lisa Naslund, PE, QSD/P Z&K $ 168.00 212 $ 35,616 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 8 $ 35,616
Task 15 – Safe, Clean Water Program (SCWP) Reporting
Storm Water Compliance & SCWP Reporting Manager 2.2% Dion Castro, QSD/P, TOR Z&K $ 158.00 140 $ 22,120 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 $ 22,120
Task 16 – Labor Compliance
Labor Compliance Manager 2.2% Amber Garcia Z&K $ 155.00 140 $ 21,700 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 $ 21,700
ODCs
Document Control System Cost Per Month 450 Months 15 $ 6,750 $ 6,750
6,311 $ 1,149,659
NOT-TO-EXCEED COST PROPOSAL
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE WINGATE PARK REGIONAL EWMP PROJECT (PROJECT NO. WM211) Task-level hours are provided for budgeting purposes only. The total weekly level of effort per position is required to support the project and will be maintained even if individual tasks are modified or removed, with hours reallocated among remaining tasks as needed. Anticipated staffing includes: 15 hours/week for the Senior CM/PM, 10 hours/week for the Assistant CM, 40 hours/week for the Senior Construction Inspector, 4 hours/week for the Labor Compliance Manager, 4 hours/week for the Environmental Compliance & MMRP Manager, and 4 hours/week for the Storm Water Compliance & SWPPP Reporting Manager.
Total Task 2, Task 3, Task 4
CONSTRUCTION PERIOD
Total Task 6
Total Task 5
10% Markup
Working Days per Month
TOTALS for All CM Tasks including ODCs
Z&K Team
Total Task 1
Total Task 16
Total Task 7
Total Task 11 and Task 12
Total Task 13
Total Task 14
Total Task 15
Total ODCs
Total Task 8, Task 9,Task 10
NINYO & MOORE, A SOCOTEC COMPANY
Costa Mesa 2025 Alley Rehabilitation Project, Costa Mesa, California | 04IRV06-05311 | February 3, 2026 CA16 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist................................................$ 250 Senior Engineer/Geologist/Environmental Scientist .................................................................................................$ 235 Senior Project Engineer/Geologist/Environmental Scientist.....................................................................................$ 220 Project Engineer/Geologist/Environmental Scientist.................................................................................................$ 210 Senior Staff Engineer/Geologist/Environmental Scientist.........................................................................................$ 200 Staff Engineer/Geologist/Environmental Scientist.....................................................................................................$ 180 GIS Analyst................................................................................................................................................................$ 160 Technical Illustrator/CAD Operator ...........................................................................................................................$ 140 Field Staff
Certified Asbestos/Lead Technician......................................................................................................................... $ 220 Field Operations Manager.........................................................................................................................................$ 150 Nondestructive Examination Technician (UT, MT, LP).............................................................................................$ 145 Supervisory Technician .............................................................................................................................................$ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)..............................................$ 135 Senior Technician..................................................................................................................................................... $ 135 Technician..................................................................................................................................................................$ 130 Administrative Staff
Information Specialist ................................................................................................................................................$ 120 Geotechnical/Environmental/Laboratory Assistant ...................................................................................................$ 120 Data Processor..........................................................................................................................................................$ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment............................................................................................................................................................ $ 8/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
NINYO & MOORE, A SOCOTEC COMPANY 2025 Laboratory Testing Costa Mesa 2025 Alley Rehabilitation Project, Costa Mesa, California | 04IRV06-05311 | February 3, 2026 Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
ATTACHMENT C
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 7, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Z&K Consultants, 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 Wingate Park Regional EWMP Project – Project No. WM211.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2028, 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 One Million One Hundred and Forty Nine Thousand Six Hundred and Fifty-Nine Dollars ($1,149,659) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Crystal Fraire, PE, President (Principal-In-Charge) (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: Crystal Fraire
City of Covina Z&K Consultants, Inc
125 E. College Street 17130 Van Buren Blvd, #122
Covina, California 91723 Riverside, CA 92504
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:
Z&K Consultants, Inc
a California corporation
By:
Name: Crystal Fraire, PE
Title: President (Principal-In-Charge)
By:
Name: Zack Faqih
Title: Senior 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
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 12
Meeting: July 7, 2026
Title: Professional Services Agreement for Banking Services with BMO Presented by: Theresa Franke, Director of Finance
Recommendation: 1. Approve the Banking Services Agreement Between the City of Covina and BMO;
2. Authorize City Manager to Execute the Professional Services Agreement with BMO for Banking Services.
EXECUTIVE SUMMARY:
In safeguarding the City’s assets and ensuring that the City receives quality services and competitive pricing, it is a best practice to periodically issue a request for proposals (RFP) for banking services. For this reason, City staff issued a banking services RFP. After assessing the responses and interviewing the highest ranked respondents, it is recommended that Council consider an agreement with BMO for the continued provision of banking services for a five-year term.
BACKGROUND:
The City of Covina’s operational bank accounts have been held at BMO (previously Bank of The West) since 2023. In the last several years, the City has been assigned to BMO’s government banking division and has been pleased with the services. Because banking services and the City’s needs have evolved, the RFP process provided staff an opportunity to consider and compare services offered by a variety of institutions.
DISCUSSION:
The City’s RFP scope of services included a wide range of financial services, including ACH debit/credit services, branch deposits, electronic fund transfers, wires, remote check deposits, demand deposit accounts and ACH transmissions, among others. Additionally, respondent firms were required to provide its qualifications/experience, assigned personnel that would be working with the City, fee schedules for various services, control mechanisms (auditing standards, insurance, bonding) and financial reporting systems.
In assessing the banking services proposals received, staff members considered several criteria, including capital ratios, short-term and long-term unsecured debt instruments, earning credit rates, cost incentives and experience of each team member. The proposals each exhibited strengths and potential benefits to the City. City staff analyzed the proposals, interviewed the two highest rated respondents, and compared services and associated costs of each proposal.
As a result of this evaluation process, the evaluation committee recommends that the City enter into contract with BMO for the continued provision of banking services. BMO offered the City a competitive loyalty credit of $10,000, an earnings credit ratio of 2% guaranteed for up to 12 months, and fixed pricing for the length of the banking agreement. The Scope of Services provided includes some services that the City does not currently utilize, but will consider as the relationship progresses.
FISCAL IMPACT:
The loyalty credit and earnings credit ratio are anticipated to reduce bank service fees, resulting in general fund cost savings.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
12923-0001\1917425v3.doc
BMO 2026
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated June 16, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and BMO Bank N.A., a national banking association (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City currently utilizes the services of Contractor as an independent contractor to provide comprehensive Bank services pursuant to the Commercial Account Agreement and Treasury Services Master Agreement, each entered into between the parties in or around July 2023 (together, the “Existing Agreements”).
B. The Existing Agreements are attached hereto as Exhibits C and D, respectively and are incorporated into this Agreement.
C. Contractor 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.
D. Contractor represents that they meet the minimum qualifications as listed in the City of Covina’s 2025 Request for Proposal for Comprehensive Banking Services.
E. City desires to continue to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through February 28, 2031 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for five (5) additional one year terms. In no event shall the contract be extended beyond February 28, 2036.
2. Compensation.
A. Compensation. As full compensation for Contractor’s services provided under this Agreement, City shall pay Contractor as set forth in the Approved Fee Schedule as submitted with proposal, 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.
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 ATTACHMENT A Page 269 of 760
12923-0001\1917425v3.doc
BMO 2026
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, 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 Services.
A. Scope of Services. Contractor shall perform the services described in the Existing Agreements, Exhibits C & D. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Michael Brody, Director (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s services under this Agreement.
C. Time for Performance. Contractor shall commence the services on the Effective Date and shall perform all services with reasonable diligence.
D. Standard of Performance. Contractor 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. Contractor 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 personnel qualified to perform such services. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services under this Agreement. Contractor 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 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.
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.
12923-0001\1917425v3.doc
BMO 2026
4. Method of Payment.
A. Invoices. Contractor shall submit to City a monthly analyzed statement for actual services performed pursuant to this Agreement. Each statement shall itemize the services rendered during the analysis period, per item 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 statement.
B. Payment. City shall pay all undisputed statements 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.
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
12923-0001\1917425v3.doc
BMO 2026
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 pick up or deliver any work product related to Contractor’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.
B. No employee benefits shall be available to Contractor personnel 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 personnel for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor personnel for injury or sickness arising out of performing services 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 services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such 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 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. 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 services under this Agreement, Contractor shall assure compliance
12923-0001\1917425v3.doc
BMO 2026
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. 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 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, 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.
9. Indemnification.
A. Indemnities for Third Party Claims – See also Exhibits C & D. 1) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.
B. Workers’ Compensation Acts not Limiting. Contractor’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. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
12923-0001\1917425v3.doc
BMO 2026
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 obligations 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 obligations under this Section 10 shall survive the expiration or termination of this Agreement.
10. 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). 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 services 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 services under this Agreement, workers’ compensation policy is not required, but Contractor 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.
5) Contractor shall procure and maintain Cyber Liability Insurance as follows:
Cyber Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, invasion of privacy violations, information theft, damage to or destruction of electronic
12923-0001\1917425v3.doc
BMO 2026
information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
Crime / Financial Institution Bond (or equivalent coverage) - Contractor shall procure and maintain Crime Insurance or a Financial Institution Bond with limits of not less than $5,000,000, covering:
Employee dishonesty
Forgery and alteration
Computer fraud
Funds transfer fraud
Social engineering / fraudulent instruction
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. 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.