CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, July 7, 2026, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
IMPORTANT NOTICE
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Pages
JOINT MEETING—CLOSED SESSION 6:30 PM
CLOSED SESSION - WILL NOT BE HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, John C. King, Victor Linares, Mayor Pro Tem/Vice Chair Patricia Cortez, and Mayor/Chair Hector Delgado
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Councilmember King.
INVOCATION
Given by Covina Police Chaplain Jim Allgaier.
APPROVAL OF AGENDA
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council/Agency/Authority on any item listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) or not listed on the agenda, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.
Each speaker is limited to a total of three (3) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on the anticipated length of the meeting.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under Consent Calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the Consent Calendar for discussion.
CC 1. Payment of Demands 9
Staff Recommendation:
Approve Payment of Demands in the amount of $8,565,051.47.
CC 2. City of Covina Investment Report for Month Ended May 31, 2026 21 Staff Recommendation:
Receive and File.
CC 3. Professional Services Agreement with CIR, Inc. 37 Staff Recommendation:
Award Professional Services Agreement to CIR, Inc. for Building & Safety services.
CC 4. Resolution Adopting the Revised Expense and Use of Public Resources Policy
57 Staff Recommendation:
Adopt Resolution CC 2026-60 to Approve the Revised Expense and Use of Public Resources Policy and Direct All City of Covina Boards, Agencies, and Commissions to Adopt and Comply With the
Requirements of this Policy.
CC 5. Frontage Median Bioswale Installation Project – Project No. P2702 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $230,372
69 Staff Recommendation:
Approve plans and specifications for the Frontage Median Bioswale Installation Project – Project No. P2702;
1. Award of Minor Construction & Maintenance Services
Agreement for the Frontage Median Bioswale Installation Project – Project No. P2702 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the Amount of $230,372 and authorize the City Manager to execute the
agreement;
2. Authorize a project contingency amount of $25,000 to cover the cost of unforeseen construction expenses; and
3. Award a Professional Services Agreement to CEJ Engineers, Inc. for $75,000 for Construction Management & Inspection Services and authorize the City Manager to execute the
Agreement.
4. CC 6. City-Wide Alleyway Resurfacing Project – Project No. P2703 – Award of Contract to G.M. Sager Construction Co., Inc.
135
Staff Recommendation:
Approve plans and specifications for the City-Wide Alleyway Resurfacing Project – Project No. P2703;
1.
Award of Minor Construction and Maintenance Services
Agreement to G.M. Sager Construction Co., Inc. as the lowest responsive and responsible bidder in the amount of $146,280 and authorize the City Manager to execute the agreement; and
2. Authorize a contingency amount of $14,628 (approximately 10%) to cover the cost of any unforeseen construction
expenses.
3. CC 7. Consideration of a Memorandum of Understanding (MOU) Regarding a Temporary Water Meter Connection at Grand Avenue and the Walnut Creek Wash
163
Staff 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.
CC 8. Resolution Authorizing $176,141.95 in EIFD Funds for Improvements at Covina Recreation Village
167
Staff 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.
CC 9. 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
171
Staff 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.
CC 10. 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
189
Staff 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.
CC 11. 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 NotTo-Exceed $1,149,659 207
Staff 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
Authorize a contingency amount of $75,000 for additional services as needed.
2. CC 12. Professional Services Agreement for Banking Services with BMO 267 Staff Recommendation:
Approve the Banking Services Agreement Between the City of Covina and BMO; and
1. Authorize City Manager to Execute the Professional Services Agreement with BMO for Banking Services.
2. CC 13. Miscellaneous Concrete Repair Project – Grid 8 – Project No.
P2701 – Award of Contract to Nieves General Engineering, Inc. for an Amount of $252,323.75
321
Staff Recommendation:
Approve plans and specifications for the Miscellaneous Concrete Repair Project – Grid 8 – Project No. P2701;
1. Award a contract for the Miscellaneous Concrete Repair Project to Nieves General Engineering, Inc. as the lowest responsive and responsible bidder in the amount of $252,323.75 and authorize the City Manager to execute the contract;
2. Authorize a contingency amount of $25,000 for any unforeseen construction expenses;
3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-to-exceed $50,000 and authorize the City Manager to execute the agreement; and
4. Adopt Resolution CC 2026-65 appropriating $78,000 from available Measure M Fund – Fund Balance for use towards the project.
5. CC 14. Professional Services Agreement between City of Covina and SafeRock Security, Inc. for Citywide Security Services
381
Staff Recommendation:
Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and SafeRock Security, Inc. for Citywide Security Services for a five-year term in an amount not-toexceed $167,727.56 per annum.
CC 15. Barranca Avenue and Covina Boulevard Resurfacing Project – Project No. P2608 & Emergency Water Repair Work at the Intersection of Barranca Avenue and Badillo Street – Project No. W2603 – Final Acceptance and Filing Notice of Completion
453
Staff Recommendation:
1. Accept the work performed by Gentry Brothers, Inc;
Authorize the City Clerk to file a Notice of Completion for the Barranca Avenue and Covina Boulevard Resurfacing Project – Project No. P2608 and the Emergency Water Repair Work at the Intersection of Barranca Avenue and Badillo Street – Project No.
W2603; and
2. Approve Resolution CC 2026-66 appropriating (1) $150,268.20 from available Impact Fees – Streets Fund – Fund Balance for use towards the completion of the Barranca Avenue and Covina Boulevard Resurfacing Project – Project No. 2608, and (2) $400,120 from available Water CIP Fund – Fund Balance for use towards the Emergency Water Repair Work at the
Intersection of Barranca Avenue and Badillo Street – Project No.
W2603.
3. CC 16. Approval of a One-Year Subscription Order for CrowdStrike Falcon Complete Managed Detection and Response Services 461
Staff Recommendation:
That the City Council authorize the City Manager, or designee, to execute a one-year subscription order for CrowdStrike Falcon Complete Managed Detection and Response (MDR) services with BIT Direct Inc., utilizing OMNIA Partners cooperative contract R240303, in an amount not to exceed $64,451.
CC 17. Approval of Amendment to the Agreement with ClientFirst Technology Consulting
463
Staff Recommendation:
Authorize the City Manager to execute the attached Amendment to the Professional Services Agreement with ClientFirst Technology Consulting Group, LLC, in an amount not to exceed $239,492.
PUBLIC HEARINGS
PH 1. 2025 Urban Water Management Plan and Consideration of Adoption of Resolution CC 2026-61 for the 2025 Urban Water Management Plan
469
Staff Recommendation:
Conduct public hearing and consider all testimony that may be forthcoming;
1. Following the public hearing, consider adoption of the 2025 Urban Water Management Plan by Resolution CC 2026-61 and incorporating any changes the City Council deems necessary; and
2. Authorize the City Manager to file the 2025 Urban Water Management Plan with the State of California Department of Water Resources within 30 days of adoption.
3. NEW BUSINESS
NB 1. Declaring the Results and Reciting the Facts of the Covina General Municipal Election Held June 2, 2026 & Authorizing Agreements with the California Department of Tax and Fee Administration for the Implementation of a Local Transactions and Use Tax
711
Staff Recommendation:
Adopt Resolution CC 2026-67 reciting the fact of the General Municipal Election held on June 2, 2026, declaring the result and such other matters as provided by law; and
1. Adopt Resolutions CC 2026-68 and CC 2026-69, authorizing agreements with the California Department of Tax and Fee Administration (“CDTFA”) for the implementation of a local transactions and use tax and the examination of said records.
2. NB 2. Installation of Officers
1. Oath of Office administered to City Clerk;
2. Oath of Office administered to City Treasurer; and
3. Oath of Office administered to Members of the City Council:
1. City Council 1st District
2. City Council 3rd District
3. City Council 5th District
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 21, 2026, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 1
Meeting: July 7, 2026
Title: Payment of Demands
Presented by: Theresa Franke, Director of Finance
Recommendation: Approve Payment of Demands in the amount of $8,565,051.47.
EXECUTIVE SUMMARY:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants June 1, 2026 – June 25, 2026
CITY checks/EFTs $ 6,058,540.00
CITY payroll $ 2,498,795.60
CITY voids $ (30,996.89)
Worker’s Comp $ 38,712.76
$ 8,565,051.47
SACRA checks/EFTs $ 0.00
SACRA payroll $ 0.00
$ 0.00
TOTAL checks/EFTs $ 8,565,051.47
DISCUSSION:
The attached reports have been reviewed by the Director of Finance.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 25/26 and Fiscal Year 26/27 budgets.
Respectfully submitted,
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
6099 03/30/2026 5438 BMO 37,836.45
6100 06/02/2026 477 STATE OF CA 885.88
6101 06/04/2026 4003 MidAmerica 2,269.99
6102 04/30/2026 5438 BMO 25,180.98
6103 06/09/2026 5813 BROWNE & PRICE, P.A.ATTORNEYS AT LAW 166,795.45 6104 05/27/2026 5668 MARLIN LEASING CORPORATION 779.86
6105 06/18/2026 4003 MidAmerica 2,353.25
6106 06/03/2026 5438 BMO 23,762.11
6107 06/03/2026 1364 HOME DEPOT CREDIT SERVICES 4,152.69 21118 06/04/2026 788 COVINA, CITY OF 55,509.14 *
21119 06/04/2026 789 COVINA-FSA, CITY OF 2,464.08
21120 06/04/2026 2033 NATIONWIDE RETIREMENT SOLUTIONS 33,281.52 21121 06/04/2026 788 COVINA, CITY OF 95.71 *
21122 06/04/2026 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,875.00 21123 06/04/2026 487 CalPERS 116,762.71
21124 06/04/2026 487 CalPERS 6,514.01
21125 06/18/2026 788 COVINA, CITY OF 54,840.12 *
21126 06/18/2026 789 COVINA-FSA, CITY OF 2,464.08
21127 06/18/2026 2033 NATIONWIDE RETIREMENT SOLUTIONS 32,686.52 21128 06/18/2026 487 CalPERS 115,177.40
subtotal EFT/wires/direct deposits $691,686.95
Internal transfers - workers comp allocation - no net cash effect (110,444.97) * subtotal EFT/wires/direct deposits less Internal Transfers $581,241.98 131769 06/03/2026 44 ADAMSON INDUSTRIES 759.04
131770 06/03/2026 84 AIRGAS-WEST 285.98
131771 06/03/2026 206 ASCAP 463.42
131772 06/03/2026 328 BENLO CO 286.78
131773 06/03/2026 381 BOOMERANG BLUEPRINT 395.29
131774 06/03/2026 408 BRITEWORKS 7,546.78
131775 06/03/2026 568 CAT SPECIALTIES INC 520.63
131776 06/03/2026 700 COLLEY FORD 139.95
131777 06/03/2026 707 COMMERCIAL ELECTRIC SYSTEMS 10,500.00 131778 06/03/2026 735 BOBCAT OF LOS ANGELES INC. 277.79 131779 06/03/2026 749 BOHL PH.D., NANCY K. 367.50
131780 06/03/2026 783 CITY OF COVINA WATER 713.48
131781 06/03/2026 849 DAPEER ROSENBLIT & LITVAK LLP 1,500.90 131782 06/03/2026 894 DF POLYGRAPH 400.00
131783 06/03/2026 970 EDISON CO 54.90
131784 06/03/2026 970 EDISON CO 46,423.73
131785 06/03/2026 1198 GLOBALSTAR LLC 104.24
131786 06/03/2026 1235 GRAINGER 638.09
131787 06/03/2026 1275 HAAKER EQUIPMENT CO 1,296.23
131788 06/03/2026 1437 INTER-CON SECURITY SYSTEMS INC 16,655.08 131789 06/03/2026 1531 JW LOCK CO INC 606.95
131790 06/03/2026 1559 KEYSER MARSTON ASSOCIATES INC. 3,406.25 131791 06/03/2026 1603 COUNTY OF LOS ANGELES 1,692.00
131792 06/03/2026 1612 LA CNTY DEPT OF PUBLIC WORKS 2,172.87 131793 06/03/2026 1707 LIEBERT CASSIDY WHITMORE 2,944.50 131794 06/03/2026 2027 NAPA AUTO PARTS 375.15
131795 06/03/2026 2091 O REILLY AUTO PARTS 334.65
131796 06/03/2026 2101 OCLC 147.80
Attachment A Page 1 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
131797 06/03/2026 2270 PLUMBING WHOLESALE OUTLET 292.91 131798 06/03/2026 2345 QUILL 162.10
131799 06/03/2026 2415 REPUBLIC MASTER CHEFS 455.31
131800 06/03/2026 2444 RIO HONDO COLLEGE 100.00
131801 06/03/2026 2705 SOUTH COAST AQMD 172.49
131802 06/03/2026 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 711.36 131803 06/03/2026 2800 T MOBILE USA 388.29
131804 06/03/2026 2935 UNDERGROUND SERVICE ALERT 197.36 131805 06/03/2026 2958 USPS - POC ACCOUNT #8098154 1,108.88 131806 06/03/2026 3070 WEST COAST ARBORISTS INC 5,203.70 131807 06/03/2026 3163 GENTRY BROTHERS INC 260,891.37
131808 06/03/2026 3185 TOSHIBA FINANCIAL SERVICES 1,890.50 131809 06/03/2026 3284 CARE FOR THE CHILDREN 375.00
131810 06/03/2026 3300 SOUTHERN COUNTIES FUELS 4,369.86 131811 06/03/2026 3584 ENTERPRISE SECURITY INC 1,176.14 131812 06/03/2026 3614 PAPER RECYCLING AND SHREDDING SPECIALISTS INC 800.00 131813 06/03/2026 3634 Wildwonders 1,425.00
131814 06/03/2026 3749 JCL TRAFFIC SERVICES 387.50
131815 06/03/2026 3771 BLACK & WHITE EMERGENCY VEHICLES 1,527.75 131816 06/03/2026 3796 RICHARDS, WATSON & GERSHON 19,085.50 131817 06/03/2026 3817 FUN EXPRESS, LLC 36.44
131818 06/03/2026 3988 LANDSCAPE WAREHOUSE III 898.54
131819 06/03/2026 4077 INTERWEST CONSULTING GROUP INC 5,816.00 131820 06/03/2026 4225 CORELOGIC SOLUTIONS, LLC 245.86
131821 06/03/2026 4249 H.Q. ENTERPRISES 35.72
131822 06/03/2026 4374 ADMINSURE, INC 7,526.21
131823 06/03/2026 4455 FRONTIER 966.71
131824 06/03/2026 4764 UniFirst Corporation 1,070.04
131825 06/03/2026 4817 Weck Analytical Environmental Services, Inc. 972.00 131826 06/03/2026 4833 Michael R. Hillmann 3,040.00
131827 06/03/2026 4854 CEJ Engineers, Inc. 8,640.00
131828 06/03/2026 4928 Springstead & Associates, Inc. 4,000.00 131829 06/03/2026 4960 Data Ticket, Inc. 236.00
131830 06/03/2026 4979 GRBCON, Inc. 118,828.85
131831 06/03/2026 5169 Occupational Health Centers of California 175.00 131832 06/03/2026 5186 DAYSMART SOFTWARE 1,140.52
131833 06/03/2026 5233 RODENT PEST TECHNOLOGIES 146.21
131834 06/03/2026 5269 CONTROL AIR ENTERPRISES LLC. 2,502.00 131835 06/03/2026 5280 ALDERMAN & HILGERS LLP 8,298.00
131836 06/03/2026 5291 AMAZON CAPITAL SERVICES, INC 2,863.99 131837 06/03/2026 5336 ABI DOCUMENT SUPPORT SERVICES LLC 636.39 131838 06/03/2026 5533 KOSMONT & ASSOCIATES INC 1,263.60 131839 06/03/2026 5577 Bear Electrical Solutions, LLC 26,299.50 131840 06/03/2026 5690 ELPS CAR WASH 39.99
131841 06/03/2026 5742 SO CAL PACIFIC ELECTRICAL AND LIGHTING 22,200.00 131842 06/03/2026 5774 MARK THOMAS & COMPANY, INC 14,251.00 131843 06/03/2026 5791 PROGRESSIVE BUSINESS CORP 6,660.00 131844 06/03/2026 5806 PARKINK 1,882.73
131845 06/03/2026 99999 AMANDA DIAZ 66.53
131846 06/03/2026 99999 FRANK POVERO 300.00
131847 06/03/2026 99999 PANCHO TABORA 247.55
Attachment A Page 2 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
131848 06/03/2026 99999 SCOTT SIEMER 12.99
131849 06/03/2026 99999 WELLSN INC 129.07
131850 06/04/2026 1215 GONZALES, RICHARD 94.50
131851 06/04/2026 2818 GABE BF VAN LEEUWEN 197.40
131852 06/04/2026 2846 THOMAS, TERRI 1,006.20
131853 06/04/2026 3190 LAYNE, JONATHAN DANIEL 792.40
131854 06/04/2026 3235 COOK, SHAWNA 777.60
131855 06/04/2026 3982 CAROL A CUGNO 648.00
131856 06/04/2026 4089 MEASOM, DEVIN THOMAS 596.40
131857 06/04/2026 4483 DALE A. GARRISON 192.00
131858 06/04/2026 4804 Vihulu L. Villagran 189.00
131859 06/04/2026 4829 Alicia A. Flores 83.30
131860 06/04/2026 5075 Amalia Q. Seresinghe 1,352.40
131861 06/04/2026 5423 SUSAN T SCHOCK 69.30
131862 06/04/2026 5445 MARGARET L SMITH 322.00
131863 06/04/2026 5549 AMANDA LOPEZ 215.60
131864 06/04/2026 5550 LEAH DAWN OSIER 739.20
131865 06/04/2026 5582 KATHARINE CURTISS 721.00
131866 06/04/2026 5603 KAYLEE L BARNITT 396.60
131867 06/04/2026 5647 KEITH J. MCHUGH 42.00
131868 06/04/2026 5722 ANTHONY FILKINS 329.00
131869 06/04/2026 5741 ARLENE SANTOS 168.75
131870 06/04/2026 5757 DEBRA CRUZ 56.00
131871 06/04/2026 5778 SUZANNE PAULINE ANDERSON 252.00
131872 06/04/2026 99999 YWCA OF SAN GABRIEL VALLEY 59,106.12 131873 06/04/2026 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 5,546.76 131874 06/04/2026 69 AFSCME District Council 36 762.75
131875 06/04/2026 775 COVINA POLICE ASSOCIATION 3,350.00 131876 06/04/2026 878 DELTA DENTAL OF CALIFORNIA 10,310.69 131877 06/04/2026 1106 FRANCHISE TAX BOARD 212.00
131878 06/04/2026 3795 PRE-PAID LEGAL SERVICES, INC 158.97 131879 06/04/2026 3846 CLEA 1,251.75
131880 06/04/2026 4255 RELIASTAR LIFE INSURANCE COMPANY 5,231.15 131881 06/04/2026 4710 Fidelity Security Life Insurance Company 1,105.05 131882 06/10/2026 84 AIRGAS-WEST 874.40
131883 06/10/2026 113 ALL CITY MANAGEMENT SVC 15,966.17 131884 06/10/2026 219 AT&T 92.55
131885 06/10/2026 408 BRITEWORKS 7,546.78
131886 06/10/2026 411 BRODART CO 258.21
131887 06/10/2026 649 CINTAS CORP #693 880.56
131888 06/10/2026 734 CONTROL AUTOMATION DESIGN INC 1,572.40 131889 06/10/2026 749 BOHL PH.D., NANCY K. 519.75
131890 06/10/2026 766 COVINA DISPOSAL CO 19,067.35
131891 06/10/2026 783 CITY OF COVINA WATER 685.49
131892 06/10/2026 878 DELTA DENTAL OF CALIFORNIA 122.02 131893 06/10/2026 884 DEPT OF ALCOHOLIC 650.00
131894 06/10/2026 970 EDISON CO 75,577.62
131895 06/10/2026 1092 FORENSIC NURSE SPECIALISTS INC 1,400.00 131896 06/10/2026 1156 THE GAS COMPANY 1,297.43
131897 06/10/2026 1204 GOLDEN STATE WATER COMPANY 1,565.58 131898 06/10/2026 1204 GOLDEN STATE WATER COMPANY 261.93 Attachment A Page 3 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
131899 06/10/2026 1387 HUNTER, JOHN L. 6,536.25
131900 06/10/2026 1429 INLAND EMPIRE STAGES 5,321.25
131901 06/10/2026 1505 JOHNNY'S POOL SERVICE 150.28
131902 06/10/2026 1605 COUNTY OF LOS ANGELES 268.00
131903 06/10/2026 1663 LAW ENFORCEMENT MEDICAL 3,125.00 131904 06/10/2026 1860 SSD SYSTEMS 432.66
131905 06/10/2026 2004 MUNICIPAL MGMT ASSOC OF SOCAL 160.00 131906 06/10/2026 2415 REPUBLIC MASTER CHEFS 471.55
131907 06/10/2026 2516 SAFEGUARD 4,152.88
131908 06/10/2026 2619 SGV EXAMINER 1,188.00
131909 06/10/2026 2736 STAPLES BUSINESS ADVANTAGE 4,534.94 131910 06/10/2026 2790 SWANK MOTION PICTURES INC 2,340.00 131911 06/10/2026 2855 CHARTER COMMUNICATIONS 360.36
131912 06/10/2026 3256 MULTI W SYSTEMS INC 1,466.30
131913 06/10/2026 3701 DEPARTMENT OF JUSTICE 586.00
131914 06/10/2026 3749 JCL TRAFFIC SERVICES 509.52
131915 06/10/2026 3823 JEEPERS CREEPERS EXTERMINATING 269.00 131916 06/10/2026 3988 LANDSCAPE WAREHOUSE III 149.17
131917 06/10/2026 4065 VERIZON WIRELESS 708.95
131918 06/10/2026 4077 INTERWEST CONSULTING GROUP INC 13,617.00 131919 06/10/2026 4225 CORELOGIC SOLUTIONS, LLC 245.86
131920 06/10/2026 4279 BOSS JANITORIAL SERVICES 11,086.63 131921 06/10/2026 4292 DUDEK 3,666.25
131922 06/10/2026 4350 RKA Consulting Group 24,930.00
131923 06/10/2026 4360 MOORE IACOFANO GOLTSMAN, INC. 8,951.25 131924 06/10/2026 4438 CALIFORNIA COMPUTER SCHOOLS, INC 450.00 131925 06/10/2026 4455 FRONTIER 9,011.35
131926 06/10/2026 4667 Ocean Blue Environmental Services, Inc. 11,969.04 131927 06/10/2026 4688 PCAM, LLC 17,646.60
131928 06/10/2026 4710 Fidelity Security Life Insurance Company 8.62 131929 06/10/2026 4714 CIR, Inc. 39,809.27
131930 06/10/2026 4764 UniFirst Corporation 924.07
131931 06/10/2026 4854 CEJ Engineers, Inc. 26,320.00
131932 06/10/2026 4932 DLT Solutions, LLC 3,018.20
131933 06/10/2026 5051 Minako America Corporation 441,750.00 131934 06/10/2026 5081 Veolia ES Technical Solutions, LLC 261.40 131935 06/10/2026 5099 CliftonLarsonAllen LLP 5,040.00
131936 06/10/2026 5109 SITEREP CONSTRUCTION SERVICES, INC. 22,500.00 131937 06/10/2026 5166 Project 29:11, A Community Development Corp. 2,000.00 131938 06/10/2026 5228 ODP BUSINESS SOLUTIONS, LLC 507.16 131939 06/10/2026 5269 CONTROL AIR ENTERPRISES LLC. 2,445.00 131940 06/10/2026 5291 AMAZON CAPITAL SERVICES, INC 4,137.80 131941 06/10/2026 5521 COMPRESSOR DESIGN AND SERVICES INC 1,425.00 131942 06/10/2026 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 26,172.10 131943 06/10/2026 5615 VECTOR RESOURCES, INC. 81,602.14 131944 06/10/2026 5629 MINUTEMAN PRESS COVINA 644.05
131945 06/10/2026 5662 REM INDUSTRIES LLC 295.94
131946 06/10/2026 5671 CLIENTFIRST CONSULTING GROUP 18,651.49 131947 06/10/2026 5690 ELPS CAR WASH 89.97
131948 06/10/2026 5742 SO CAL PACIFIC ELECTRICAL AND LIGHTING 26,726.17 131949 06/10/2026 5743 GARDA CL WEST, INC. LOCKBOX 233209 13.00 Attachment A Page 4 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
131950 06/10/2026 5749 CROSSTOWN ELECTRICAL & DATA, INC. 220,696.89 131951 06/10/2026 99999 ELK RIVER HOLDINGS, LLC 2,400.00 131952 06/10/2026 99999 MARKECE PECO 75.00
131953 06/10/2026 99999 SOUTHERN CALIFORNIA EDISON 440.00 131954 06/10/2026 99999 VALERIE CADY 85.00
131955 06/17/2026 32 ACE-1 AUTO SERVICE 80.00
131956 06/17/2026 84 AIRGAS-WEST 120.78
131957 06/17/2026 113 ALL CITY MANAGEMENT SVC 9,952.47
131958 06/17/2026 219 AT&T 400.36
131959 06/17/2026 219 AT&T 68.09
131960 06/17/2026 221 AT&T MOBILITY 4.64
131961 06/17/2026 254 AZUSA LIGHT & WATER 5,908.70
131962 06/17/2026 568 CAT SPECIALTIES INC 1,394.54
131963 06/17/2026 615 CHARLES E THOMAS COMPANY 1,000.00 131964 06/17/2026 767 COVINA DOWNTOWN ASSOCIATION 4,312.40 131965 06/17/2026 791 CPCA 2,354.00
131966 06/17/2026 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 12,517.50 131967 06/17/2026 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 637.00 131968 06/17/2026 970 EDISON CO 16,085.48
131969 06/17/2026 1055 FEDEX 9.47
131970 06/17/2026 1156 THE GAS COMPANY 1,970.25
131971 06/17/2026 1235 GRAINGER 722.93
131972 06/17/2026 1241 GRAND PRINTING 41.99
131973 06/17/2026 1361 HOLLIDAY ROCK CO INC 1,024.71
131974 06/17/2026 1387 HUNTER, JOHN L. 4,515.00
131975 06/17/2026 1452 IRWINDALE, CITY OF 2,967.00
131976 06/17/2026 1559 KEYSER MARSTON ASSOCIATES INC. 3,556.25 131977 06/17/2026 1569 KIMBALL MIDWEST 442.54
131978 06/17/2026 1615 REGIONAL TAP SERVICE CENTER 40.00 131979 06/17/2026 1633 ALHAMBRA POLICE DEPARTMENT 300.00 131980 06/17/2026 1694 LEWIS ENGRAVING INC 29.84
131981 06/17/2026 1754 LOWE'S COMPANIES INC 250.69
131982 06/17/2026 1991 MOTOROLA 67,808.93
131983 06/17/2026 2027 NAPA AUTO PARTS 539.73
131984 06/17/2026 2101 OCLC 148.99
131985 06/17/2026 2163 PACIFIC PARKING SYS INC 337.92
131986 06/17/2026 2275 POIRIER, ROBERT 131.25
131987 06/17/2026 2345 QUILL 118.35
131988 06/17/2026 2394 RECREONICS INC 4,400.00
131989 06/17/2026 2407 REGIONAL TAP SERVICE CENTER 143.90 131990 06/17/2026 2415 REPUBLIC MASTER CHEFS 479.36
131991 06/17/2026 2619 SGV EXAMINER 1,573.00
131992 06/17/2026 2667 SIRSIDYNIX 30,595.09
131993 06/17/2026 2676 SMART AND FINAL IRIS CORP 1,367.47 131994 06/17/2026 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 120.11 131995 06/17/2026 2736 STAPLES BUSINESS ADVANTAGE 63.96 131996 06/17/2026 2855 CHARTER COMMUNICATIONS 1,028.50
131997 06/17/2026 2898 TRIANGLE TRUCK PARTS 19.50
131998 06/17/2026 2958 US POSTMASTER 6,393.75
131999 06/17/2026 2966 V & V MANUFACTURING 684.82
132000 06/17/2026 3001 VERIZON WIRELESS 7,700.18
Attachment A Page 5 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
132001 06/17/2026 3004 VICTORY EXTERMINATING INC 80.00
132002 06/17/2026 3023 VULCAN MATERIALS COMPANY 1,246.43 132003 06/17/2026 3070 WEST COAST ARBORISTS INC 703.50
132004 06/17/2026 3082 WESTERN WATER WORKS SUPPLY 1,334.63 132005 06/17/2026 3163 GENTRY BROTHERS INC 462,945.45
132006 06/17/2026 3274 WILLDAN 87,789.41
132007 06/17/2026 3701 DEPARTMENT OF JUSTICE 3,758.00
132008 06/17/2026 3729 SUNBELT RENTALS INC 3,884.33
132009 06/17/2026 3732 ILLINOIS LIBRARY ASSOCIATION 287.17 132010 06/17/2026 3796 RICHARDS, WATSON & GERSHON 3,565.70 132011 06/17/2026 3988 LANDSCAPE WAREHOUSE III 564.64
132012 06/17/2026 4065 VERIZON WIRELESS 1,338.15
132013 06/17/2026 4152 GONDOLA GETAWAY, INC. 2,310.00
132014 06/17/2026 4246 FERGUSON ENTERPRISES 1,996.99
132015 06/17/2026 4249 H.Q. ENTERPRISES 53.39
132016 06/17/2026 4350 RKA Consulting Group 29,252.50
132017 06/17/2026 4488 WILCOX SUPPLY INC 273.61
132018 06/17/2026 4571 POWER SECURITY GROUP INC 11,502.00 132019 06/17/2026 4676 Hill Brothers Chemical Company 1,696.18 132020 06/17/2026 4704 S & J Supply Company, Inc. 1,005.21 132021 06/17/2026 4713 Fisher Integrated, Inc. 1,200.00 132022 06/17/2026 4719 O.S.T.S. Inc. 585.00
132023 06/17/2026 4764 UniFirst Corporation 175.37
132024 06/17/2026 4766 HASA, INC. 5,106.30
132025 06/17/2026 4817 Weck Analytical Environmental Services, Inc. 215.00 132026 06/17/2026 4824 Occu-Med, Ltd. 12,410.40
132027 06/17/2026 4833 Michael R. Hillmann 3,200.00
132028 06/17/2026 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 3,592.34 132029 06/17/2026 4928 Springstead & Associates, Inc. 4,000.00 132030 06/17/2026 4977 Enterprise FM Trust 4,602.62
132031 06/17/2026 4983 Ad Valorem Records,Inc. 10,316.54 132032 06/17/2026 5087 Tamrin Olden 2,500.00
132033 06/17/2026 5138 Ricoh USA, Inc. 300.31
132034 06/17/2026 5251 DANIEL'S TIRE SERVICE 299.64
132035 06/17/2026 5269 CONTROL AIR ENTERPRISES LLC. 781.58 132036 06/17/2026 5291 AMAZON CAPITAL SERVICES, INC 2,273.56 132037 06/17/2026 5391 PLAYAWAY PRODUCTS LLC 782.22
132038 06/17/2026 5435 CORE & MAIN LP 2,376.54
132039 06/17/2026 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 20,366.73 132040 06/17/2026 5553 SOUTHERN TIRE MART LLC 273.08
132041 06/17/2026 5577 Bear Electrical Solutions, LLC 35,418.00 132042 06/17/2026 5587 SSS FENCE 3,442.50
132043 06/17/2026 5625 LORD AUTO GLASS 390.00
132044 06/17/2026 5629 MINUTEMAN PRESS COVINA 451.38
132045 06/17/2026 5655 COVINA VALLEY WATER COMPANY 453,045.13 132046 06/17/2026 5671 CLIENTFIRST CONSULTING GROUP 9,870.00 132047 06/17/2026 5714 IMPERIAL SUPPLIES HOLDINGS, INC. 205.84 132048 06/17/2026 5723 INFINITE AIR SOLUTIONS 1,000.00
132049 06/17/2026 5743 GARDA CL WEST, INC. LOCKBOX 233209 417.16 132050 06/17/2026 5766 CFW INC 420.37
132051 06/17/2026 5808 THE BRIEFING ROOM LLC 3,221.55
Attachment A Page 6 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
132052 06/17/2026 5815 FIBER UPPER HOLDINGS, LLC 925.00 132053 06/17/2026 99999 COVINA VILLAGE, LLC 600,000.00
132054 06/17/2026 99999 LA HOMEUP LLC 26.04
132055 06/17/2026 99999 MEASURE THE SUN 282.00
132056 06/17/2026 99999 MILAH AFONIN 84.95
132057 06/17/2026 99999 PACIFICPOWER CONSTRUCTION INC 384.20 132058 06/17/2026 99999 RAQUEL G SANCHEZ 1,000.00
132059 06/17/2026 99999 WESTPORT PROPERTIES 30,000.00
132060 06/18/2026 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 5,546.76 132061 06/18/2026 69 AFSCME District Council 36 762.75
132062 06/18/2026 775 COVINA POLICE ASSOCIATION 3,350.00 132063 06/18/2026 878 DELTA DENTAL OF CALIFORNIA 10,554.73 132064 06/18/2026 3795 PRE-PAID LEGAL SERVICES, INC 158.97 132065 06/18/2026 3846 CLEA 1,251.25
132066 06/18/2026 4255 RELIASTAR LIFE INSURANCE COMPANY 5,379.71 132067 06/18/2026 4710 Fidelity Security Life Insurance Company 1,149.01 132068 06/24/2026 255 AZUSA PLUMBING & HEATNG SUPPLY 665.16 132069 06/24/2026 333 BERLITZ LANGUAGES, INC 690.00
132070 06/24/2026 437 BURRO CANYON ENT INC 340.00
132071 06/24/2026 568 CAT SPECIALTIES INC 408.53
132072 06/24/2026 649 CINTAS CORP #693 880.56
132073 06/24/2026 664 CIVILTEC ENGINEERING INC. 6,318.75 132074 06/24/2026 700 COLLEY FORD 994.19
132075 06/24/2026 706 COMMERCIAL DOOR CO INC 5,893.00
132076 06/24/2026 749 BOHL PH.D., NANCY K. 1,470.00
132077 06/24/2026 765 COVINA CONCERT BAND, INC. 1,500.00 132078 06/24/2026 947 DUNN EDWARDS CORP 181.78
132079 06/24/2026 970 EDISON CO 3,770.12
132080 06/24/2026 1156 THE GAS COMPANY 632.83
132081 06/24/2026 1190 GLENDORA DODGE 476.78
132082 06/24/2026 1204 GOLDEN STATE WATER COMPANY 159.63 132083 06/24/2026 1235 GRAINGER 1,206.28
132084 06/24/2026 1352 HINDERLITER DELLAMAS & ASSOC 464.71 132085 06/24/2026 1361 HOLLIDAY ROCK CO INC 586.16
132086 06/24/2026 1505 JOHNNY'S POOL SERVICE 1,334.23
132087 06/24/2026 1531 JW LOCK CO INC 1,004.31
132088 06/24/2026 1561 KEYSTONE UNIFORM DEPOT 914.00
132089 06/24/2026 1612 LA CNTY DEPT OF PUBLIC WORKS 2,335.85 132090 06/24/2026 1614 LA CNTY FIRE DEPARTMENT 1,006,357.31 132091 06/24/2026 1792 MANNING & KASS 10,040.50
132092 06/24/2026 1895 MERRIMAC ENERGY GROUP 41,692.21
132093 06/24/2026 2027 NAPA AUTO PARTS 4,355.95
132094 06/24/2026 2091 O REILLY AUTO PARTS 171.58
132095 06/24/2026 2238 PEST OPTIONS INC 1,075.00
132096 06/24/2026 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 5,962.21 132097 06/24/2026 2329 PUENTE READY MIX INC 6,497.85
132098 06/24/2026 2415 REPUBLIC MASTER CHEFS 519.88
132099 06/24/2026 2444 RIO HONDO COLLEGE 150.00
132100 06/24/2026 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 33.48 132101 06/24/2026 2804 TAG AMS INC 115.00
132102 06/24/2026 2852 THREE VALLEY MUN WATER DISTR 10,194.85 Attachment A Page 7 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
132103 06/24/2026 2966 V & V MANUFACTURING 922.12
132104 06/24/2026 3004 VICTORY EXTERMINATING INC 150.00 132105 06/24/2026 3023 VULCAN MATERIALS COMPANY 2,388.64 132106 06/24/2026 3102 WILLDAN FINANCIAL SERVICES 4,350.00 132107 06/24/2026 3185 TOSHIBA FINANCIAL SERVICES 1,403.13 132108 06/24/2026 3749 JCL TRAFFIC SERVICES 2,906.20
132109 06/24/2026 3771 BLACK & WHITE EMERGENCY VEHICLES 3,336.84 132110 06/24/2026 3796 RICHARDS, WATSON & GERSHON 30,708.59 132111 06/24/2026 3988 LANDSCAPE WAREHOUSE III 1,006.64 132112 06/24/2026 4024 PERFORMANCE TRUCK REPAIR INC 4,572.26 132113 06/24/2026 4249 H.Q. ENTERPRISES 4,550.45
132114 06/24/2026 4389 EMPLOY AMERICA 2,741.00
132115 06/24/2026 4421 TLG BUSINESS SOLUTIONS 21.00
132116 06/24/2026 4488 WILCOX SUPPLY INC 15,795.96
132117 06/24/2026 4572 Medical Cost Containment Services 297.00 132118 06/24/2026 4790 CITY BEAT BAND 1,200.00
132119 06/24/2026 4814 PTM General Engineering Services, Inc. 187,624.05 132120 06/24/2026 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 132121 06/24/2026 4863 La Verne Power Equipment 7,311.54 132122 06/24/2026 4925 Humane Society of Pomona Valley, Inc. 53,514.84 132123 06/24/2026 5011 Excel Office Services 392.73
132124 06/24/2026 5154 Game Time 2,545.70
132125 06/24/2026 5169 Occupational Health Centers of California 330.20 132126 06/24/2026 5228 ODP BUSINESS SOLUTIONS, LLC 108.31 132127 06/24/2026 5251 DANIEL'S TIRE SERVICE 4,605.10
132128 06/24/2026 5269 CONTROL AIR ENTERPRISES LLC. 6,754.00 132129 06/24/2026 5291 AMAZON CAPITAL SERVICES, INC 2,895.30 132130 06/24/2026 5336 ABI DOCUMENT SUPPORT SERVICES LLC 2,390.40 132131 06/24/2026 5490 ROSS-CAMPBELL INC. 2,500.00
132132 06/24/2026 5615 VECTOR RESOURCES, INC. 10,840.97 132133 06/24/2026 5629 MINUTEMAN PRESS COVINA 788.98
132134 06/24/2026 5690 ELPS CAR WASH 389.88
132135 06/24/2026 5706 RAPID FIRE SAFETY & SECURITY LLC 100.00 132136 06/24/2026 5812 DAVID CENICEROS 3,000.00
132137 06/24/2026 5818 VERITONE, INC 4,000.00
132138 06/24/2026 5819 AUTOLIFT SERVICES, INC 4,938.19
132139 06/24/2026 99999 CELIA QUEZADA 179.97
132140 06/24/2026 99999 CHARLES FANN 19.94
132141 06/24/2026 99999 HOBBY LOBBY 20.24
132142 06/24/2026 99999 ISAAC ROSETE 75.51
132143 06/24/2026 99999 KENNETH SPURLOCK 77.00
132144 06/24/2026 99999 KRISTEN SPAULDING 145.60
132145 06/24/2026 99999 LEONARDO GARCIA 437.16
132146 06/24/2026 99999 MERCENIA LUGO 1,286.70
subtotal checks $5,477,298.02
128174 09/10/2025 1924 MILLERS & ISHAMS (371.94)
131315 04/29/2026 1924 MILLERS & ISHAMS (624.95)
131578 05/13/2026 99999 WESTPORT PROPERTIES (30,000.00) Attachment A Page 8 of 9
CITY OF COVINA
Check Register
June 1, 2026 - June 25, 2026
Check # Check Date Vendor Name Amount
subtotal voids ($30,996.89)
payroll (06/04/26) $1,238,921.19
payroll (06/18/26 $1,259,874.41
workers' compensation $38,712.76
TOTAL checks/EFTs $8,565,051.47
Attachment A Page 9 of 9
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: July 7, 2026
Title: City of Covina Investment Report for Month Ended May 31, 2026 Presented by: Theresa Franke, Director of Finance
Charles Russom, Sr. Management Analyst
Recommendation: Receive and File.
EXECUTIVE SUMMARY:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended May 31, 2026. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There is sufficient investment liquidity to meet the required reserve limits of the City’s operations.
FISCAL IMPACT:
None to receive and file.
Respectfully submitted,
CASH PER BANK AND INVESTMENT BALANCE 4/30/2026 $107,486,203.65 RECEIPTS 5/1/26-5/31/26 22,584,290.89
DISBURSEMENTS 5/1/26-5/31/26 (19,715,275.69)
CASH PER BANK AND INVESTMENT BALANCE 5/31/2026 $110,355,218.85
ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCE - BOOK VALUE INVESTMENT PORTFOLIO Attachment A-2 $58,430,291.93
LOCAL AGENCY INVESTMENT FUND Attachment A-4 46,605,382.14 TOTAL PUBLIC INVESTMENTS 105,035,674.07
CHECKING / PETTY / USBANK CASH BALANCES / MONEY MARKET 5,319,544.78 CASH PER BANK AND INVESTMENT BALANCE 5/31/2026 110,355,218.85 CASH HELD BY TRUSTEES 3,679,786.33
TOTAL CASH PER BANK AND INVESTMENT / TRUSTEE CASH BALANCE 5/31/2026 $114,035,005.18
CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED MAY 31, 2026
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the required reserve limits of the City's operations. In addition, the City has adequate resources and revenues to meet its pooled expenditure requirements for the next six months.
BOOK ACQUISITION MATURITY MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
City of Covina:
Drawer & Petty Cash N/A $10,280.12 N/A N/A $10,280.12
General - Checking Account BMO 2,089,751.67 N/A Demand 2,089,751.67 Public Agency Saving - Parking Fines BMO 20,551.13 N/A Demand 20,551.13 Utility Billing Account BMO 219,579.18 N/A Demand 219,579.18 Workers' Compensation - Checking Account BMO 55,474.93 N/A Demand 55,474.93 Payroll - Checking Account BMO 299,053.45 N/A Demand 299,053.45 Money Market BMO 2,012,156.57 N/A Demand 2,012,156.57
AFLAC Flexible Spending Account BMO 22,742.59 N/A Demand 22,742.59 USBank Cash Per GL Various 589,955.14 Various Various 589,955.14 USBank Investment Portfolio Various 58,430,291.93 Various Various 58,183,701.87 Local Agency Investment Fund State of California 46,605,382.14 N/A Demand 46,605,382.14 Subtotal (A) $110,355,218.85 $110,108,628.79
Cash Held With 3rd Party Administrator:
TRIP 2017A Covina Wilmington Trust $296,041.02 N/A Demand $296,041.02 LA County Loan Agreement U.S. Bank 1,500,063.18 N/A Demand 1,500,063.18 Other Post-Employment Benefits Charles Schwab 1,877,981.43 N/A Demand 1,877,981.43 2021 Taxable Pension Obligation Bonds U.S. Bank 5,697.98 N/A Demand 5,697.98 2019 Wastewater Refunding Bonds U.S. Bank 2.72 N/A Demand 2.72 Subtotal (B) $3,679,786.33 $3,679,786.33
TOTAL (A+B) $114,035,005.18 $113,788,415.12
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MAY 31, 2026
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.
Exhibit A-2
CITY OF COVINA
US Bank
Investment Portfolio as of
May 2026
Issuer Purchase Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
US Government Issues:
Federal Farm Credit Bank Bond 6/10/2025 100.2050 1,000,000 $ 1,009,342.56 4.1064 3133EPZY4 7/30/2026 US Bank FEDL Home Loan Bank Bond 04/07/22 99.7820 1,000,000 1,003,611.45 3.0000 3130A2VE3 9/11/2026 US Bank Federal Home Loan Bks 3/5/2026 98.2460 1,000,000 995,570.00 3.5000 3130A35M2 9/14/2026 US Bank FEDL Agric MTG CorpMedium Term Note 06/30/22 98.8410 1,000,000 915,357.70 0.9700 31422XGQ9 10/26/2026 US Bank FEDL Farm Credit Bank Bond 02/02/22 98.5860 1,000,000 996,151.59 1.5000 3133ENKV1 1/13/2027 US Bank Federal Farm Credit Bank Bond 04/07/22 99.4810 2,000,000 2,002,418.29 3.1500 3133EJDV8 3/22/2027 US Bank FEDL Home Loan MTG CorpPool #WN2479 12/04/23 100.2960 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 US Bank Federal Farm Credit Bks 11/11/2025 99.6270 1,000,000 1,000,000.00 3.9100 3133ETT23 5/12/2028 US Bank FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 99.9810 1,000,000 986,562.50 4.3800 3140LKVL4 6/1/2028 US Bank Federal Home Loan Bks 3/20/2026 98.3810 1,000,000 984,500.00 3.2500 3130AFFX0 11/16/2028 US Bank FEDL Home Loan MTG CorpPool#WN2534 02/16/24 100.2980 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 US Bank FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 100.2980 1,000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 US Bank FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 100.3150 1,000,000 979,062.50 4.6000 3132XGZZ2 1/1/2029 US Bank U S Treasury Note 5/20/2026 99.5230 1,000,000 991,710.00 3.8750 91282CQR5 5/15/2029 US Bank U S Treasury Note 11/13/2025 97.6680 1,000,000 987,500.00 3.2500 91282CEV9 6/30/2029 US Bank FEDL NATL MTG ASSN Note 10/25/24 99.8480 1,000,000 1,000,000.00 4.4000 3135GAXR7 8/3/2029 US Bank FEDL Home Loan Bank Bond 09/04/24 99.6480 980,000 980,000.00 4.2000 3130B2GZ2 8/13/2029 US Bank FEDL Home Loan Bank Bond 10/25/24 98.7910 1,000,000 990,500.00 4.0000 3130B32X0 10/2/2029 US Bank FEDL Home Loan Bank Bond 11/05/24 99.8950 1,000,000 1,000,000.00 4.5000 3130B3M67 11/13/2029 US Bank U S Treasury Note 8/18/2025 99.1800 1,000,000 1,002,336.00 3.8750 91282CMZ1 4/30/2030 US Bank FEDL Home Loan Bank Bond 6/16/2025 99.3440 1,000,000 1,000,000.00 4.1251 3130B6SF4 6/14/2030 US Bank Federal Farm Credit Bks 10/20/25 88.8070 1,000,000 896,850.00 1.2300 3133EL2C7 7/29/2030 US Bank U S Treasury Note 1/5/2026 99.0900 1,000,000 1,009,093.75 3.8750 91282CNN7 7/31/2030 US Bank U S Treasury Note 11/4/2025 98.0780 1,000,000 997,335.93 3.7500 91282CNX5 8/31/2030 US Bank Federal Home Loan Bks 10/23/2025 97.9960 2,000,000 1,996,200.00 3.6500 3130B8CC4 10/21/2030 US Bank U S Treasury Note 12/24/2025 97.4410 1,000,000 991,125.00 3.6250 91282CPN5 11/30/2030 US Bank F H L M C M T N 12/11/2025 97.9500 1,000,000 999,750.00 4.0000 3134HCEY1 12/9/2030 US Bank Federal Home Loan Bks 1/16/2026 98.4060 1,000,000 1,000,000.00 3.7800 3130B93L2 1/9/2031 US Bank Federal Home Loan Bks 1/28/2026 98.8080 1,000,000 1,000,000.00 4.0700 3130B9B66 1/28/2031 US Bank Federal Home Loan Bks 2/11/2026 98.7780 1,000,000 1,000,000.00 4.0200 3130B9DE7 2/11/2031 US Bank Federal Argi Mtg Corp M T N 3/5/2026 97.8090 1,000,000 995,100.00 3.6250 31428JBQ9 2/20/2031 US Bank Total US Government Issues: 32,980,000 $ 32,690,389.77
Exhibit A-2
CITY OF COVINA
US Bank
Investment Portfolio as of
May 2026
Issuer Purchase Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Corporate Issues:
Inspire FEDL CR UNBristol PA SHS CTF 06/29/23 100.0920 245,000 $ 245,000.00 5.0000 457731AQ0 6/30/2026 US Bank GESA CR UNRichland WA CD 07/19/23 100.2120 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 US Bank Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 100.2840 245,000 245,000.00 5.3000 722000AC0 8/17/2026 US Bank Signature Federal Cred U 08/16/23 100.3250 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 US Bank KodabankDrayton ND CD 03/09/23 100.3190 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 US Bank First NATL BankDamariscotta ME CD 03/09/23 100.3210 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 US Bank Austin Telco Fed CR UN- Austin
TX SHS CTF 11/14/22 100.5170 245,000 245,000.00 5.0500 052392CC9 11/27/2026 US Bank Baxter CR UNVernon Hills IL SHS CTF 11/14/22 100.5140 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 US Bank First Foundation Bank -
Irvine CA CD 06/05/24 100.5610 245,000 245,000.00 5.0625 32026U5X0 12/14/2026 US Bank State Bank of India -
New York NY CD 02/01/22 98.4750 245,000 245,000.00 1.7500 856285G21 2/9/2027 US Bank Pentagon Federal CR UN -
Tysons Corner VA 02/02/22 98.3820 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 US Bank California Cr Un Glendale Cali
CD 8/11/2025 100.0060 245,000 245,000.00 4.0000 130162BQ2 2/22/2027 US Bank Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 98.7150 245,000 245,000.00 2.2000 795451BH5 2/23/2027 US Bank Beal Bank -
Plano TX CD 03/01/22 98.5370 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 US Bank Beal Bank -
Las Vegas NV CD 03/01/22 98.5370 245,000 245,000.00 2.0500 07371CK81 3/3/2027 US Bank Medallion Bank -
Salt Lake City UT CD 03/01/22 98.5230 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 US Bank United Republic BankElkhorn NE CD 03/05/25 100.0460 245,000 245,000.00 4.0500 909242BZ1 3/19/2027 US Bank Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 98.8740 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 US Bank Synchrony Bank -
Draper UT CD 04/07/22 98.8700 245,000 245,000.00 2.7000 87165FK45 4/14/2027 US Bank Capital One NA -
Mclean VA CD 04/27/22 99.1020 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 US Bank Pinnace BankNashville TN CD 5/2/2025 99.9490 245,000 245,000.00 3.9500 72345SLQ2 5/7/2027 US Bank Goldman Sachs Bank USA -
New York NY CD 04/27/22 99.0830 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 US Bank Toyota Finl Svgs BankHenderson NV CD 05/09/22 99.2080 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 US Bank Morgan Stanley Bank NASalt Lake City UT CD 05/16/22 99.2500 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 US Bank Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 99.2500 245,000 245,000.00 3.2500 61768EJR5 5/19/2027 US Bank Discover BankGreenwood DE CD 05/20/22 99.1910 245,000 245,000.00 3.2000 254673E36 5/24/2027 US Bank All In Fed Cr UnDaleville AI 12/31/2025 99.7140 245,000 245,000.00 3.7500 01664MBC9 6/30/2027 US Bank Optum BankDraper UT CD 6/23/2025 100.1230 245,000 245,000.00 4.1500 68405VDM8 6/30/2027 US Bank Bankgloucester 1/8/2026 99.4260 245,000 245,000.00 3.5000 06644RAN9 7/15/2027 US Bank Western alliance Bk Phoenix Az 1/8/2026 99.5350 245,000 245,000.00 3.6000 95763PA76 7/15/2027 US Bank Wells Fargo Bank Natl Assn 1/21/2026 99.5750 247,000 247,000.00 3.6500 949764TQ7 7/26/2027 US Bank Mutual First Fed CD 7/23/2025 99.9670 245,000 245,000.00 4.0000 62825MAB0 8/5/2027 US Bank Oklahoma CD 8/26/2025 99.9190 245,000 245,000.00 3.9500 67885MAC4 8/30/2027 US Bank Workers FEDL Credit UNLittleton MA SHS CTF 08/27/24 99.9690 245,000 245,000.00 4.0000 98138MCK4 8/30/2027 US Bank Bank Hapoalim CD 3/9/2026 99.5860 245,000 245,000.00 3.7000 06251FDL0 9/8/2027 US Bank Vantage West CR UNTucson AZ SHS CTF 09/04/24 99.9520 245,000 245,000.00 4.0000 92213MAB7 9/13/2027 US Bank Gbank Las Vegas Nev CD 3/9/2026 99.6340 245,000 245,000.00 3.7500 36830MBZ3 9/17/2027 US Bank
Exhibit A-2
CITY OF COVINA
US Bank
Investment Portfolio as of
May 2026
Issuer Purchase Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
University III Cmnty Cr Un Cha
CD 9/18/2025 99.4980 249,000 $ 249,000.00 3.6500 914359AQ7 9/24/2027 US Bank Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 100.6740 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 US Bank Alliant Credit UnionChicago IL SHS CTF 12/20/22 101.2130 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 US Bank City Natl Bk Los Angeles Calif 1/8/2026 99.3650 245,000 245,000.00 3.6500 178180HD0 1/24/2028 US Bank Carter FEDL CR UNSpringhill LA SHS CTF 01/14/25 100.2030 245,000 245,000.00 4.2000 14622LAW2 1/28/2028 US Bank Telco Plus CR UnLongview TX SHS CTF 02/03/25 100.2830 245,000 245,000.00 4.2500 87921MAA2 2/18/2028 US Bank Merrick BankSouth Jordan UT CD 02/18/25 100.2830 245,000 245,000.00 4.2500 59013K4U7 2/28/2028 US Bank Valley Natl BankPassaic NJ CD 02/27/25 100.2630 245,000 245,000.00 4.2500 919853QC8 3/6/2028 US Bank Stryv Bk Wichita CD 3/9/2026 99.0770 245,000 245,000.00 3.5500 86368LBD9 3/13/2028 US Bank One Commnity BankOregon WI CD 6/12/2025 99.8470 245,000 245,000.00 4.0000 682325FT7 3/20/2028 US Bank Vibrant Cr Un Moline II C D 10/21/2025 99.4530 245,000 245,000.00 3.6500 92559TAT5 4/27/2028 US Bank Milestone BankSalt Lake City UT CD 4/28/2025 99.7350 245,000 245,000.00 3.9500 59934MDC9 4/28/2028 US Bank Southpoint BankBirmingham AL CD 04/28/25 99.8410 245,000 245,000.00 4.0000 84464PCC9 4/28/2028 US Bank Cornerstone BankFargo ND CD 05/01/23 102.3345 245,000 245,000.00 - 219232CR4 5/10/2028 US Bank Sound CR UNTacoma WA SHS CTF 5/19/2025 100.0840 245,000 245,000.00 4.1500 83616HAH7 6/2/2028 US Bank Celtic BankSalt Lake City UT CD 6/4/2025 99.8020 245,000 245,000.00 4.0000 15118RW45 6/12/2028 US Bank Raymond James Bk Natl Assn CD 5/13/2026 99.6700 245,000 245,000.00 3.9500 75472RBP5 6/13/2028 US Bank BOM BankNatchitoches LA CD 06/04/25 99.9980 245,000 245,000.00 4.4000 09776DAP9 6/16/2028 US Bank Global FED CR UNAnchorage AK SHS CTF 6/16/2025 100.1960 245,000 245,000.00 4.2000 37892MAX2 6/30/2028 US Bank Texas Exchange Bank SSBCrowley TX CD 10/28/24 99.8850 245,000 245,000.00 4.0500 88241TUA6 7/12/2028 US Bank Numerica Credit Union-Spokane
VLY WA SHS CTF 07/12/23 102.0530 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 US Bank Connexus Credit CD 7/23/2025 99.9910 245,000 245,000.00 4.1000 20825WEB2 8/7/2028 US Bank Tucson FEDL CR UNTucson AZ CD 09/01/23 101.9280 245,000 245,000.00 5.0000 898812AC6 9/8/2028 US Bank Live Oak Bkg Co Wilmington N
C CD 3/2/2026 99.1030 249,000 249,000.00 3.7000 538037BC5 9/13/2028 US Bank Money One FCULargo MD SHS CTF 09/01/23 101.9400 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 US Bank Dort Finl Cr Un Grand Blanc Mi
CD 9/22/2025 98.8700 247,000 247,000.00 3.6000 25844MCE6 10/10/2028 US Bank Institution For Svgs In Newbur
CD 10/20/2025 98.9380 245,000 245,000.00 3.6500 45780PDH5 10/27/2028 US Bank Select Bk Fst Va CD CII C D 10/21/2025 99.1620 245,000 245,000.00 3.8500 81618LAG2 10/31/2028 US Bank San Francisco FEDL CR UNSan Francisco CA SHS 11/20/24 100.3200 245,000 245,000.00 4.2500 79772FAL0 11/27/2028 US Bank SKYLA FEDL CR UNCharlotte NC SHS CTF 5/21/2025 99.9640 245,000 245,000.00 4.1000 83086XAE0 11/30/2028 US Bank Civic Fed Cr CD 8/7/2025 99.4750 245,000 245,000.00 3.9000 178808AC5 12/22/2028 US Bank Members Tr Southwest Fcu CD 2/19/2026 98.9080 245,000 245,000.00 3.7000 585899AP2 3/2/2029 US Bank Gulf Cap Bk Houston Tex CD 3/9/2026 98.8510 245,000 245,000.00 3.7000 40219MBE3 3/26/2029 US Bank National Bk Comm Superior Wis
CD 5/8/2026 99.1070 245,000 245,000.00 3.8000 633368JJ5 5/8/2029 US Bank BMW Bank of North AmericaSalt Lake City UT CD 5/2/2025 99.6260 245,000 245,000.00 4.0000 05612LER9 5/9/2029 US Bank Manufacturers Traders Tr Co CD 5/13/2026 99.6360 245,000 245,000.00 4.0000 564759TK4 5/11/2029 US Bank Credit Human Fed Cr CD 5/14/2026 99.2400 245,000 245,000.00 3.8500 22537MBA4 5/14/2029 US Bank First Premier BankSioux Falls SD CD 5/13/2025 99.4930 245,000 245,000.00 3.9500 33610RWL3 5/21/2029 US Bank
Exhibit A-2
CITY OF COVINA
US Bank
Investment Portfolio as of
May 2026
Issuer Purchase Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Covantage CUAntigo WI SHS CTF 5/14/2025 100.2490 245,000 $ 245,000.00 4.0500 22282XAL4 5/29/2029 US Bank West Gate Bk Lincoln Neb CD 2/20/2026 98.8400 245,000 245,000.00 3.9000 95285QDY1 9/5/2029 US Bank Triad Bk Frontenac Mo CD 3/2/2026 98.0060 245,000 245,000.00 3.5000 89579NCX9 9/11/2029 US Bank Altaone FED CR UN -
Ridgecrest CA SHS CTF 8/27/2024 99.0760 245,000 245,000.00 3.8500 02157RAC1 9/13/2029 US Bank Freedom Northwest CR UN 12/23/2024 99.9170 245,000 245,000.00 4.1200 356436AV7 12/31/2029 US Bank JP Morgan Chase Bank NAColumbus OH CD 01/24/25 100.2650 245,000 245,000.00 4.7500 46657VWH9 1/31/2030 US Bank UBS Bank USASalt Lake City UT CD 03/05/25 99.6630 245,000 245,000.00 4.1000 90355GUL8 3/12/2030 US Bank Luana SVGS BankLuana IA CD 03/05/25 98.9320 245,000 245,000.00 3.9000 549104G76 3/13/2030 US Bank Western State BankDevils Lake ND CD 03/05/25 99.2960 245,000 245,000.00 4.0000 95960NLA3 3/25/2030 US Bank Poppy BankSanta rosa CA CD 4/2/2025 99.1500 245,000 245,000.00 4.1000 73319FDX4 4/8/2030 US Bank EaglebankBethesda MD CD 04/02/25 99.4450 245,000 245,000.00 4.0500 27002YHQ2 4/16/2030 US Bank American Express Natl BKSalt Lake City UT CD 4/28/2025 99.5850 245,000 245,000.00 4.1000 02589AHE5 4/30/2030 US Bank BNY Mellon NAPittsburgh PA CD 6/12/2025 99.1850 245,000 245,000.00 4.0000 05584CY59 6/18/2030 US Bank Farmers & Merchants BKAshland NE CD 6/16/2025 99.9910 245,000 245,000.00 4.4000 308914AC4 6/24/2030 US Bank Jeanne D Arc FCULowell MA CD 6/23/2025 99.2050 245,000 245,000.00 4.0000 472207AL3 6/28/2030 US Bank State Bk India Chicago III 07/30/25 99.3610 245,000 245,000.00 4.0500 85628AAT7 7/29/2030 US Bank Oak View Bankshares CD 8/19/2025 99.5670 245,000 245,000.00 4.2500 67134XBD6 9/5/2030 US Bank Utah First Fed Cr Un Salt Lake
CD 08/28/25 98.5400 249,000 249,000.00 3.8500 91739JAW5 9/10/2030 US Bank Great Midwest Bk Brookfield Wi
CD 9/15/2025 97.6000 245,000 245,000.00 3.7500 39083PDT6 9/19/2030 US Bank Third fed Svgs Ln Assn Of CD 9/15/2025 98.1140 245,000 245,000.00 3.7500 88413QHX9 9/19/2030 US Bank Greenstate Cr Un North Liberty
CD 9/16/2025 98.1270 245,000 245,000.00 3.7500 39573LEU8 9/26/2030 US Bank Ria Fed Cr Un CD 10/20/2025 97.4770 245,000 245,000.00 3.6000 749622BZ8 11/4/2030 US Bank Nelnet Bk Draper Utah 11/3/2025 97.2510 245,000 245,000.00 3.5500 64034KCB5 11/5/2030 US Bank Cfg Cmnty Bk Lutherville Md CD 11/18/25 98.4910 245,000 243,902.16 4.0000 12527CNN8 11/14/2030 US Bank First Gty Bk Damariscotta Me CD 11/6/2025 98.6910 245,000 245,000.00 4.0500 320437BD7 11/14/2030 US Bank Customers Bk Phoenixville Pa 1/15/2026 97.9860 245,000 245,000.00 3.7500 23204HRD2 1/15/2031 US Bank Farmers Merchants Bk Berlin 2/10/2026 97.9760 245,000 245,000.00 3.9000 307811NB1 2/20/2031 US Bank Universal Bk West 2/10/2026 97.3270 245,000 245,000.00 3.7500 91337VAS3 2/26/2031 US Bank First Alliance Cr Un Rochester
CD 3/9/2026 98.1420 245,000 245,000.00 3.9500 33556AAC0 3/27/2031 US Bank Usf Fed Cr Un Tampa Fla 5/29/2026 100.279000 245,000 245,000.00 4.3000 90353ECY7 5/29/2031 US Bank Total Corporate Issues: 25,741,000 $ 25,739,902.16
58,721,000 $ 58,430,291.93
589,955.14
US Bank Total Value of Portfolio 58,721,000 $ 59,020,247.07 US Bank Cash
US Bank Securities
Qty Purch Date Maturity
Date of
Disposition
Share Price at
Purchase Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by 2,450 5/8/2026 5/8/2029 100.000000 $ 245,000.00 $ 245,000.00 $ 245,000.00 National Bk Comm Superior Wis CD 633368JJ5 US Bank 2,450 5/13/2026 5/11/2029 100.000000 245,000.00 245,000.00 245,000.00 Manufacturers Traders Tr Co CD 564759TK4 US Bank 2,450 5/13/2026 6/13/2028 100.000000 245,000.00 245,000.00 245,000.00 Raymond James Bk Natl Assn CD 75472RBP5 US Bank 2,450 5/14/2026 5/14/2029 100.000000 245,000.00 245,000.00 245,000.00 Credit Human Fed Cr CD 22537MBA4 US Bank 9,917 5/20/2026 5/15/2029 99.171000 991,710.00 991,710.00 991,710.00 U S Treasury Note 91282CQR5 US Bank 2,450 5/29/2026 5/29/1931 100.000000 245,000.00 245,000.00 245,000.00 Usf Fed Cr Un Tampa Fla 90353ECY7 US Bank Total $ 2,216,710.00 $ 2,216,710.00 $ 2,216,710.00 -
Qty Purch Date Maturity
Date of
Disposition
Share Price at
Sale / Maturity
Date Original Cost Value
Par Value at
Sale/Maturity
Gain / (Loss) on Sale
/ Redemption
Interest Earnings
Since Purchase Issuer CUSIP Held by
2,450 04/27/22 5/5/2026 05/05/26 100.0000 $ 245,000.00 $ 245,000.00 $ - $ 27,949.13 Ally Bank - Midvale UT CD 02007GQQ9 US Bank 2,450 12/07/22 12/21/2026 05/22/26 100.0500 245,122.50 245,122.50 122.50 37,307.63 All in FED CR Union-Daleville AL SHS CTF 01664MAA4 US Bank 2,450 05/14/24 5/29/2026 05/29/26 100.0000 245,000.00 245,000.00 - 24,711.18 Global FED CR UN - Anchorage AK SHS CTF 37892MAP9 US Bank $ 735,122.50 $ 735,122.50 $ 122.50 $ 89,967.94
Period Interest Revenue
Previous Month $179,338.21
Previous 12 mos. $2,226,608.43
CITY OF COVINA
INVESTMENT TRANSACTION SUMMARY
FOR THE MONTH ENDED MAY 31, 2026
Purchased Investments
Net Revenue Analysis - for Period Ending May 31, 2026
Sold/Matured Investments
Local Agency Investment
Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 04, 2026
LAIF Home
PMIA Average Monthly Yields
CITY OF COVINA
CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
May 2026 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
5/13/2026 5/13/2026 RW 1800018 1760712 BEI ZOU -600,000.00 5/19/2026 5/19/2026 RW 1800198 1760893 BEI ZOU -1,500,000.00 5/22/2026 5/21/2026 RD 1800343 1761039 BEI ZOU 3,000,000.00 5/29/2026 5/28/2026 RD 1800591 1761273 BEI ZOU 1,000,000.00 Account Summary
Total Deposit: 4,000,000.00 Beginning Balance: 44,705,382.14 Total Withdrawal: -2,100,000.00 Ending Balance: 46,605,382.14 6/4/26, 10:43 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Attachment A-4 City
Statement Total
Balance Percentage
Cash Balances $5,319,545 4.66%
Local Agency Investment Fund 46,605,382 40.87%
Treasury / Agency 32,690,390 28.67%
Certificate of Deposits 25,739,902 22.57%
Funds Held by Bond Trustees 3,679,786 3.23%
Total $114,035,005 100.00%
CITY OF COVINA
Cash & Investment Holdings by Type as of May 31, 2026
*Average Investment coupon rate: 3.78% (based on weighted average of Original Cost Value) Cash Balances, 4.66%
Local Agency Investment
Fund, 40.87%
Treasury / Agency, 28.67%
Certificate of Deposits,
22.57%
Funds Held by Bond
Trustees, 3.23%
HOLDINGS BY TYPE
Attachment A-5 City
CASH PER BANK AND INVESTMENT BALANCE 4/30/2026 $613,447.71 RECEIPTS 5/1/26-5/31/26 -
DISBURSEMENTS 5/1/26-5/31/26 -
CASH PER BANK AND INVESTMENT BALANCE 5/31/2026 $613,447.71
ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCE
CHECKING ACCOUNT $3,817.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 609,630.07
AVAILABLE CASH PER BANK BALANCES $613,447.71
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH PER BANK AND INVESTMENT / TRUSTEE CASH BALANCE 5/31/2026 $613,447.71 FOR THE MONTH ENDED MAY 31, 2026
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT Attachment A- Agency
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
Successor Agency to the Covina Redevelopment Agency:
Checking Account BMO $3,817.64 N/A Demand $3,817.64
Local Agency Investment Fund State of California 609,630.07 N/A Demand 609,630.07 Subtotal (A) $613,447.71 $613,447.71
Cash Held With 3rd Party Administrator:
(1) 2013 Series A Tax Allocation Bonds U.S. Bank* $0.00 N/A Demand $0.00 Fiscal Agent: U.S. Bank
(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
Subtotal (B) $0.00 $0.00
TOTAL (A+B) $613,447.71 $613,447.71
* Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MAY 31, 2026
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account.
Local Agency Investment
Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 04, 2026
LAIF Home
PMIA Average Monthly Yields
S/A CITY OF COVINA FOR COVINA
REDEVELOPMENT AGENCY
FINANCE DIRECTOR
125 EAST COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 65-19-007
May 2026 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 609,630.07
Total Withdrawal: 0.00 Ending Balance: 609,630.07
6/4/26, 10:42 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1
Attachment A-6 Agency
Quarter
Ending City Agency*
5/31/2024 $103,148,000 $629,583
5/31/2025 $101,582,941 $588,355
5/31/2026. $114,035,005 $613,448
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY CASH AND INVESTMENTS THREE YEAR COMPARISON AS OF MAY 31, 2026 The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
5/31/2024 5/31/2025 5/31/2026.
$103,148,000 $101,582,941
$114,035,005
$629,583 $588,355 $613,448
MONTH ENDING MAY 31, 2026
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
Attachment A-7 City Agency
State of California
Pooled Money Investment Account
Market Valuation
5/31/2026
Description
Carrying Cost Plus
Accrued Interest Purch. Fair Value Accrued Interest
United States Treasury:
Bills $ 49,526,023,152.71 $ 49,899,870,150.00 NA
Notes $ 51,645,484,612.87 $ 51,525,930,700.00 $ 507,402,510.50 Federal Agency:
SBA $ 299,097,191.51 $ 296,941,765.20 $ 1,002,302.30
MBS-REMICs $ 775,484.20 $ 779,821.48 $ 3,382.99
Debentures $ 4,271,502,750.50 $ 4,255,773,700.00 $ 38,880,873.10 Debentures FR $ - $ - $ -
Debentures CL $ 2,400,000,000.00 $ 2,390,221,450.00 $ 18,940,661.00 Discount Notes $ 19,902,628,638.91 $ 20,060,009,900.00 NA Supranational:
Debentures $ 4,186,623,838.10 $ 4,162,433,600.00 $ 44,985,880.70 Debentures FR $ - $ - $ -
Debentures CL $ 500,000,000.00 $ 499,860,900.00 $ 3,090,556.00 Discount Notes $ 5,555,709,611.14 $ 5,595,750,800.00 NA CDs and YCDs FR $ - $ - $ -
Bank Notes $ 600,000,000.00 $ 599,338,101.55 $ 6,887,916.67 CDs and YCDs $ 17,400,000,000.00 $ 17,392,778,592.54 $ 184,121,763.84 Commercial Paper $ 11,562,962,430.54 $ 11,649,639,777.73 NA Corporate:
Bonds FR $ - $ - $ -
Bonds $ 1,072,501,225.28 $ 1,069,101,845.00 $ 8,192,664.44 Repurchase Agreements $ - $ - $ -
Reverse Repurchase $ - $ - $ -
Time Deposits $ 5,467,000,000.00 $ 5,467,000,000.00 NA
PMIA & GF Loans $ 235,475,543.00 $ 235,475,543.00 NA
TOTAL $ 174,625,784,478.76 $ 175,100,906,646.50 $ 813,508,511.54 Fair Value Including Accrued Interest $ 175,914,415,158.04 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Attachment A-8 City
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: July 7, 2026
Title: Professional Services Agreement with CIR, Inc.
Presented by: Brian Lee, Deputy City Manager/Community Development Director Nicole Giles, Management Analyst
Recommendation: Award Professional Services Agreement to CIR, Inc. for Building & Safety services.
EXECUTIVE SUMMARY:
The Building and Safety Division has retained the Building & Safety professional services of CIR, Inc. from December 6, 2017 to present, with the existing Professional Services Agreement (“PSA”) expiring as of June 30, 2026. As a result, an informal Request for Qualifications (“RFQ”) was sent to five (5) professional Engineering, Building and Safety firms to ensure that the City of Covina (“City”) continues to receive the highest quality service for the best value. Based on the results of this competitive RFQ process, it is recommended that the City Council consider an award of a professional services agreement to CIR, Inc., which scored the highest among participating firms.
BACKGROUND:
The current staffing level of the Building and Safety Division includes two (2) full-time classifications (Building Official/Deputy Director of Community Development and Management Analyst) and one (1) part-time Administrative Intern. In utilizing a hybrid staffing model the proposed PSA will provide contract staffing to include (1) permit technician, (2) building inspectors and (1) plan review engineer.
This model is used by many cities and is beneficial as it provides flexible staffing and it is directly funded by permit and plan review fees.
DISCUSSION:
On March 9, 2026, an informal RFQ for Building & Safety services was emailed by the City to the following firms: CIR, Inc., Bureau Veritas, Transtech, CSG Consultants, and Willdan; with all responses being received by the April 1, 2026, deadline. The firms were rated based on their proposed fee schedule, plan review timeframe, and staff qualifications. Each category could earn a maximum of five (5) points with one (1) point awarded for additional qualities such as having a Certified Access Specialist (“CASp”) available. See the scoring rubric below:
Scoring Rubric
Category Rate Type Maximum Points
Permit Technician Hourly 5
Building Inspector I Hourly 5
Building Inspector II/Senior Hourly 5
Plan Review Engineer Hourly 5
Plan Review Fee % of Revenue 5
Plan Review Timeframe Business Days 5
Staff Qualifications Certifications/Experience 5
Other (Ex: CASp) Qualifications 1
Total: 36
Based on this rubric, points were awarded to each firm and ranked accordingly, with CIR, Inc. receiving the most points.
FISCAL IMPACT:
Pursuant to the PSA with CIR, Inc., fees for plan review are collected by the City, with CIR, Inc. receiving 55% of the collected fee for comprehensive plan review (i.e., structural, electrical, mechanical, etc.) and 55% for structural only review. Compensation for inspection, plan review and permit technician services is included in the 2026-2027 Fiscal Year operating budget with $125,000 allotted for Plan Review/Inspection (10104100-51560) and $412,000 allotted for Consulting Fees (10104100-51005). A maximum compensation limit of $1,200,000 is based on an average compensation of $400,000 per year for three (3) years. The expenses of these services will be offset by revenues generated, with no net effect to the general fund.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This action is not a “project” as defined by Section 15378 of the State of California Environmental Quality Act (“CEQA”) as it does not have the potential to result in physical change in the environment directly or indirectly.
Respectfully submitted,
Rank Firm Name Total Points Awarded
1 CIR, Inc. 28
2 Bureau Veritas 25
3 Transtech 23
4 CSG Consultants 20
5 Willdan 19
ATTACHMENT A
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 CIR, 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 Building and Safety services for the Building Division to include plan check services, plan check and review, building and code inspection, and staffing services on an as-needed basis.
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, 2029, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two additional one-year terms. In no event shall the contract be extended beyond June 30, 2031.
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 and Two Hundred Fifty Thousand Dollars ($1,250,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make
payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
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 Ian Nicholas, President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or
display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section 6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts Not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this 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 self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval.
Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years.
Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work
satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or 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: Nicole Giles Attn: Ian Nicholas
City of Covina CIR, Inc.
125 E. College Street 300 Spectrum Center Drive, Suite 400 Covina, California 91723 Irvine, CA 92618-4989
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and
“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibit A, Exhibit B, constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following non-substantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. [SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CIR, INC.,
a California Corporation
By:
Name: Ian Nicholas
Title: 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
FEE STRUCTURE FOR PLAN CHECK
➢ For complete plan review services, CIR proposes a fee equal to 55% of the jurisdiction’s plan review fee. For structural-only reviews, CIR proposes 55% of the plan review fees based on your adopted City schedule. For partial reviews such as foundation only, preliminary reviews, or others, CIR proposes to negotiate a mutually agreeable fee based on the specific project at hand or provide services on an hourly basis. ➢ There is no charge for courier or shipping services.
➢ For expedited or fast-track projects, CIR proposes a fee of 150% of the above-noted fees contingent upon the availability of staff to perform the requested plan review. The noted review fee includes a first, second and minor third review (for approval purposes only). CIR proposes additional reviews beyond that point should be billed at $120.00 per hour, with advance approval from the jurisdiction.
➢ CIR will perform plan reviews for most new projects, residential, commercial, tenant improvements, etc. within 10 business days and re-checks in 5 to 10 business days. Large or complicated projects within 20 business days and re-checks 10 to 15 business days. ➢ Plan review comments are generated in electronic and hardcopy formats and can be faxed, emailed or mailed as needed to the applicant or designated individual as directed by the jurisdiction. Our staff is available by phone or email during normal business hours.
FEE STRUCTURE PERSONNEL/HOURLY RATE FOR PLAN REVIEW
CLASSIFICATION HOURLY BILLING RATE
Plan Review Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00
Plans Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00
The rates displayed in the fee schedule reflect CIR, Inc’s current fees. Hourly rates are typically reviewed annually and may be subject to revision unless under specific contractual obligations.
FEE STRUCTURE FOR BUILDING DEPARTMENT STAFFING
CLASSIFICATION HOURLY BILLING RATE
Building Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ….. . . $130.00
Building Inspector I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00
Building Inspector II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00
Permit Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00
The rates displayed in the fee schedule reflect CIR, Inc’s current fees. Hourly rates are typically reviewed annually and may be subject to revision unless under specific contractual obligations. On each anniversary of the contract start date, CIR,Inc will initiate a rate increase based on change in CPI-W for the applicable region.
➢ Overtime rate will be billed at 1.5 times the service rate. ➢ The standard weekly hours will be 40 hours per week, Monday through Thursday with any deviation approved in writing by the Building Official. ➢ Supplies, workspace, reference materials, computer, and city email will be provided by the City of Covina while tools associated with any inspection duties will be provided by the contractor.
➢ Mileage costs are in addition to the proposed rate above. ➢ Contractor shall be responsible in addition to the provisions of the agreement to provide:
• All employee benefits and withholdings
• Vehicles and Insurance
• Cell phone (if needed)
EXHIBIT B
SCOPE OF SERVICES
Building & Safety Plan Check as follows:
Plan review of residential, commercial and industrial buildings and structures for compliance with the recently adopted 2025 version of the California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, the City of Covina Municipal Code the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24 and all applicable Ordinances. Notification of each applicant prepared by the consultant, consisting of two complete typewritten plan check letters which outline the documents, reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. Plan checkers will be available during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolution of code issues may be by telephone, or meetings prior to resubmitting corrected plans and documents. CIR will arrange for all pick-up and delivery of plan review documents from the City of Covina at no cost to our client. CIR uses varied methods of pick-up and delivery with the goal of providing same-day service.
Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawing and referencing applicable code sections. CIR will provide a clear, concise, and thorough document (i.e., comment list) from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. CIR will transmit plan review comments and coordinate re-checks directly to the applicant as required and completed plan review documents ready for approval will be returned to the City of Covina for final approval.
CIR has a full-time staff of experienced plan reviewers and structural & civil engineers available to perform plan review. CIR understands the City may require the services of an onsite plan reviewer from time to time. Also, many of our inspection personnel are crosstrained and skilled in performing both front counter and inspection duties as a potential added cost-savings to the City. In addition, staff is available for pre-construction or pre-design meetings, field visits, contracts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we plan review are considered part of the plan review service.
Code interpretations are subject to final review and approval by the Building Official.
CIR’s engineers and plan examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the City of Covina Building Department.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: June 16, 2026
Title: Resolution Adopting the Revised Expense and Use of Public Resources Policy Presented by: Theresa Franke, Director of Finance
Recommendation: Adopt Resolution CC 2026-60 to Approve the Revised Expense and Use of Public Resources Policy and Direct All City of Covina Boards, Agencies, and Commissions to Adopt and Comply With the Requirements of this Policy.
BACKGROUND:
Various legislative requirements (California AB 1234, SB 827 and Labor Code 2802) require that cities implement specific requirements relative to expenses incurred while on city business. Assembly Bill 1234, enacted in 2005, requires that all local agencies publicly adopt a written policy concerning occurrences that qualify members of its legislative body to receive reimbursement of expenses for travel, meals, and lodging. California’s Labor Code 2802 outlines an employer’s requirement to reimburse employees for work expenses. Senate Bill 827 expanded training requirements effective January 1, 2026. These requirements, along with the need to ensure proper stewardship of taxpayers’ resources, are summarized in the City of Covina’s Expense Reimbursement and Use of Public Resources Policy.
DISCUSSION:
Administration and oversight of city expenditures is of primary importance when managing limited resources available for city governance. The City of Covina’s Expense Reimbursement and Use of Public Resources Policy establishes responsibilities and guidelines for members of the City of Covina’s legislative bodies, City officials, and City employees when attending business or professional conferences, training seminars or other travel for authorized City business. Further, the policy includes specific requirements relating to travel, public reporting, and conference/travel expenses. The policy was first approved by Council in February 2006 and revised in February 2012. The proposed policy revisions ensure compliance with Senate Bill 827 and provide updated guidance to City staff and officials.
FISCAL IMPACT:
The policy will have no effect on the 2026-27 general fund budget.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2026-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPROVING THE REVISED EXPENSE AND USE OF
PUBLIC RESOURCES POLICY AND DIRECT ALL CITY OF COVINA
BOARDS, AGENCIES, AND COMMISSIONS TO ADOPT AND
IMMEDIATELY COMPLY WITH THE REQUIREMENTS OF THIS POLICY WHEREAS, the City of Covina is committed to the careful stewardship of its limited public resources; and
WHEREAS, the State of California Assembly Bill 1234 and Senate Bill 827 require local agencies to enact policies relative to certain expense reimbursement and ethics training requirements; and
WHEREAS, the State of California Labor Code requires that employers reimburse employees for reasonable business expenses; and
WHEREAS, public resources should only be used when there is substantial benefit to the City; and
WHEREAS, such benefits include:
1. The opportunity to discuss the community’s concerns with state and federal officials;
2. Participating in regional, state and national organizations whose activities affect the City
3. Attending educational seminars designed to improve officials’ skills and information levels;
4. Promoting public service and morale by recognizing such service to the City; and
WHEREAS, legislative and other regional, state and federal agency business is frequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City’s policy concerns; and each meal expenditure must comply with the limits and reporting requirements of local, state and federal law; and WHEREAS, this policy provides guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured; and
WHEREAS, this policy supplements the definition of actual, reasonable and necessary expenses of state and federal laws, including income tax laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Expense and Use of Public Resources Policy, attached hereto
Resolution CC 2026-60 Page 2 of 2
and incorporated herein as “Exhibit A” is hereby adopted, effective July 1, 2026, at 12:01 a.m.
SECTION 2. Any previous resolutions that may conflict with this revised policy are hereby repealed.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 7th 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 2026-60 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
Original Issue Date: February 7, 2006
Reviewed by Council: Resolutions 06-6498, 06-536, 12-7051 Revision Date: July 1, 2026
Responsible Department: Finance
PURPOSE
The purpose of the Expense Reimbursement and Use of Public Resources Policy is to establish responsibilities and guidelines for members of the City of Covina’s legislative bodies, City officials, and City employees when attending business or professional conferences, training seminars or other travel for authorized City business. Contractors and consultants are not covered under this policy. It is the intent of the City of Covina to assure compliance with all federal and state regulations and laws, including United States Internal Revenue Service regulations and California Assembly Bill 1234 (2005) which, among other things, requires that all local agencies publicly adopt a written policy concerning requirements related to travel, public reporting, and conference expenses.
City Funds, equipment, supplies (including letterhead), titles, staff time and other such resources must only be used for authorized City business. As part of that business, City staff (“Staff”), elected and appointed officials (“Officials”) may be called upon to represent the City at various meetings/events, attend training, and travel to perform official City business. To be eligible for the City to either reimburse or pay directly, expenses associated with such activities must meet the requirements detailed in this policy.
AUTHORIZED BUSINESS MEAL AND TRAVEL EXPENSES
City funds, equipment, supplies, staff time, and other City resources are allowed to be used for meal and travel expenses only if reasonable and necessary and incurred in the conduct of official City business, such as:
1. Communicating with representatives of regional, state and national government on City adopted policy positions
2. Attending educational seminars designed to improve officials’ skill and information levels
3. Participating in regional, state and national organizations whose activities affect the City
4. Attending a conference or organized educational activity conducted in compliance with California Government Code Sections, designed to improve City staffs’ and/or City elected and appointed officials’ skill and information levels.
5. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost)
6. Attending City events
City of Covina Policy & Procedure Manual
Section 7.0
Expense Reimbursement and Use of Public Resources
Expense Reimbursement and Use of Public Resources - 2
7. Implementing a City-approved strategy for attracting or retaining business to the City, which will typically involve at least one staff member
8. Peace Officer Standards and Training (POST) and Standards and Training for Corrections (STC) mandated training courses as required.
UNAUTHORIZED EXPENSES
The following are examples of expenses that the City will not reimburse. This list is not all-inclusive, but is provided to demonstrate examples of expenses that will not be reimbursed by the City:
1. The personal portion of any trip
2. Political or charitable contributions or events
3. Family expenses, including partner’s expenses (including, but not limited to meal and additional hotel expenses) when accompanying an official on City-related business, as well as children- or pet-related expenses
4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and golf related expenses), or other extra-curricular events
5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline
6. Personal losses incurred while on City business
7. Alcoholic beverages, tobacco or other related products
8. Expenses disallowed per IRS regulation
9. Expenses which are not authorized City business, or exceed the maximum reimbursable amount per the IRS and City policy.
Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. All expenses that do not fall within the adopted travel policy shall be approved by the Agency, in a public meeting before the expense is incurred, except for certain conference expenses.
PLANNING A TRIP TO AN EVENT OR ACTIVITY
City Employees/Officials
Per CMC 2.08.050, the City Manager shall be reimbursed for and shall be allowed traveling, hotel and incidental expenses reasonably incurred when absent from the City on official City business, but no reimbursement or allowance shall be made except upon an itemized claim duly presented to and approved and allowed by the City Council.
When requesting to travel either overnight or non-local, Staff and Officials must request advance approval from the City Manager or his or her designee and their respective Department Director, using the City Employee Travel Request form as approved by the Finance Department. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration and flight or hotel reservations. Although approved by the City Manager or designee and/or applicable Department Director, if the approval does not match IRS or City Policy, then the difference of the reimbursable portion shall be paid by the City employee/official.
Expense Reimbursement and Use of Public Resources - 3
City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.
Advances
Individuals attending meetings or traveling on official City business may request an advance of funds for conference registration, meals, and lodging. Requests must be received no less than 10 working days prior to the date needed. The advance amount shall be calculated by the estimated costs of the entire trip. The City Manager and applicable Department Director shall approve all advances prior to the request. Excess funds must be returned to the City within 30 days of the conclusion of the travel or activity, and receipt showing proof of returned funds must be submitted with expense report.
COST CONTROL
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that the expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the following guidelines.
Transportation
The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Such transportation to be considered includes ride share services (i.e. Uber, Lyft, etc.) and vehicles from the City’s motor pool. The cost of a rental vehicle, parking and gasoline shall be compared to the combined cost of such other forms of transportation and the least expensive method shall be used. When two or more persons attend the same function, they are encouraged to pool transportation whenever practicable.
1. Automobile - Personal automobile mileage is reimbursed at the prevailing Internal Revenue Service rate. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable with proper documentation. The IRS rates shall not be paid for rental or City vehicles, only receipted fuel expenses will be reimbursed.
Mileage shall be calculated round trip from City Hall or the employee’s assigned workplace. In the case that the employee’s starting point is closer to the destination than City Hall or the assigned workplace, the mileage shall be calculated from the employee’s starting point and amounts in excess of the employee’s regular commute will be reimbursed. Any travel made in excess and/or outside the scope of the training event or seminar will not be reimbursed.
A monthly auto allowance is provided to various staff. This is intended to include all travel within a 50-mile radius of City Hall. When authorized vehicle travel falls outside this range, mileage will be reimbursed at the IRS standard mileage rates for business, for the amount of mileage exceeding the 50-mile range. When requesting mileage reimbursement, a submittal of the total travel (Google Maps, etc.) shall be used to calculate the amount reimbursable outside of the covered allowance.
Expense Reimbursement and Use of Public Resources - 4
Paid Parking lot pass, bridge, or toll road fees shall be reimbursed at the reasonable amount paid for travel & event and must be accompanied with the original ticket and detailed itemized receipt. Receipts with a total only may not be reimbursed.
2. Airfare - Reservations for air travel should be made well in advance to take advantage of available discount fares. The amount shall not be more than the standard “coach” fare. Travel to and from the airport will be reimbursed when travel is via personal vehicle or shuttle/taxi/rideshare service as described in paragraph 4 of this section. Parking costs at the airport will be reimbursed at “economy lot” daily rates and will be reimbursed only if it is more economical than the projected transportation to and from the airport.
3. Car Rental - Utilization of a rental car is permissible if the circumstances show it is the only practical means of transportation. Renting a vehicle requires Department Director and City Manager approvals. Reimbursement of the rental vehicle will be at the vehicle size most practical for the travel incurred: either an economy, compact, or mid-sized sedan, unless several staff members will be sharing the vehicle. Allowed use is limited to transportation to and from the airport, to and from the hotel to the event/conference, and reasonable distance for meals/necessities. Pre-paid fuel charges are not reimbursable.
4. Taxis/ Rideshare Services /Shuttles - Taxi, rideshare services or shuttle fares may be reimbursed, including a 15 percent gratuity per fare when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
5. Other Modes of Travel - Bus, train or other method of travel will be authorized when special circumstances justify that they are more appropriate and economical.
Lodging
Lodging expenses are not authorized for travel within a 50-mile radius of City Hall or the employee’s place of residence, unless approved in advance by the City Manager or appropriate department director. A 25-mile radius is applicable for all Police Department personnel attending mandated Peace Officer Standards Training (POST) and Standards and Training for Corrections (STC). If such lodging is in connection with a conference, lodging expenses should not exceed the group rate published by the conference sponsor for the meeting in question. If travel is not in connection with a conference that provides a group rate, travelers must request government rates when available and make all efforts to obtain the lowest available rate. Additionally, staff is to request that the hotel not collect transient occupancy tax (TOT) from City staff/officials.
Many cities exempt TOT for government employees traveling on official business.
Meals And Incidental Expenses
Meals will be reimbursed only in the methods described below and according to applicable State and Federal regulations. Reimbursable incidental fees, as described by the IRS, are “fees and tips given to porters, baggage carriers, hotel staff, and staff on ships.”
Per Diem
Expense Reimbursement and Use of Public Resources - 5
The IRS’ standard meal allowance, or Per diem, for meals and incidental expenditures will be paid at the Maximum Federal Per Diem rate established by the IRS for business travel requiring overnight stay only. These rates are updated on October 1st and expire the following September 30th and are based on travel location. For current Federal Per Diem Rates, please consult the GSA website for your destination. Per IRS regulations, Per Diem pay will be prorated by 75% for days of travel to and from the event.
Every attempt should be made to take advantage of meals that are included as part of a conference or event. If a meal is included in the cost of a conference or event, the per diem amount for that meal will be deducted from the employee’s daily allowance.
Expense Reimbursement and Use of Public Resources - 6
DEPARTMENT HEADS, ELECTED OFFICIALS AND OTHER MEMBERS OF
LEGISLATIVE BODIES
In conformance with California AB 1234 (2005), elected and appointed officials and department heads are not eligible for per diem pay, but will be eligible for reimbursement of expenses not to exceed the standard IRS meal allowance. A detailed, itemized receipt is required for reimbursement, and the receipt shall show proof/means of payment. A receipt showing only a credit card total or bill charge may not be reimbursed.
MISCELLANEOUS BUSINESS EXPENSES
Meal Expenses
With City Manager approval, reimbursement for meal expenses that may be required as an incidental part of conducting City business shall be made on the basis of actual cost including tax and tip. A detailed, itemized receipt is required with the request for reimbursement and must include the business purpose and names of the individuals in attendance.
The City will not pay for alcohol/personal bar expenses.
Enrollment Fees
Enrollment fees charged by providers of conferences, organized educational activities and other National, State or Regional organizations whose activities affect the City will be reimbursed at the lowest rates available to the official (i.e., member rate if the City or Official is a member).
Telephone / Fax / Internet/Other
Officials and staff will be reimbursed for actual telephone, internet, fax and other business expenses incurred on City business, unless such amounts are offered as benefits of employment or service. Expenses for which City officials receive reimbursement from another agency are not reimbursable.
CREDIT CARD USE POLICY
Credit card issuance and use for authorized travel and conference expenses shall be governed by the City’s Issuance and Use of City Credit Card Policy.
EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE
To the extent possible, fees and charges should be paid in advance.
All expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City, and, unless eligible for per diem pay as stated above, accompanied by itemized detailed receipts with proof of payment for all requested reimbursement or City-paid expenses. All claims for reimbursement, including per diem pay, must include the final training program/agenda/itinerary of the event/training.
Expense reports must document that the expense in question met the requirements of the policy. For example, if the meeting is with a legislator, the City official should explain whose meals were purchased, what issues were discussed, and how those relate to the City’s adopted legislative positions and priorities.
Officials/employees seeking reimbursement must submit their expense reports within 30 days of an expense being incurred. Failure to provide the necessary documentation in a
Expense Reimbursement and Use of Public Resources - 7
timely fashion or as required by this policy may result in the expense being borne by the official/staff.
All travel expenses that are not prepaid (including but not limited to personal automobile mileage, parking, etc.) will be reimbursed through the City’s accounts payable function.
No travel expenses will be reimbursed with petty cash.
AB 1234 REPORTING REQUIREMENTS FOR OFFICIALS AND MEMBERS OF A
LEGISLATIVE BODY
Official’s Report Required
At their next regular meeting, each Official shall provide a brief report, either orally or in writing, on any meeting, event or activity attended at the City’s expense. If more than one member attends the same meeting, event or activity, the members or the presiding official may designate one attendee to give the report and indicate those who attended, but the other attendees will be permitted to report as well.
Required Ethics Training
Ab 1234 requires that each member of the legislative body receive at least two hours of ethics training every two years.
AUDITS OF EXPENSE REPORTS
All expenses are subject to verification that they comply with this policy.
Expenses for which City officials receive reimbursement from another agency are not reimbursable.
Excess reimbursement or allowance must be returned within 30 days of the conclusion of the event. Excess reimbursement or allowance is any amount paid that is more than those business-related expenses which have been adequately accounted for to the City.
Note that the IRS requires that payments made in excess of supported expenses must be reported as wages.
VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expense as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: July 7, 2026
Title: Frontage Median Bioswale Installation Project – Project No. P2702 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $230,372 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Frontage Median Bioswale Installation Project – Project No. P2702;
2. Award of Minor Construction & Maintenance Services Agreement for the Frontage Median Bioswale Installation Project – Project No. P2702 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the Amount of $230,372 and authorize the City Manager to execute the agreement;
3. Authorize a project contingency amount of $25,000 to cover the cost of unforeseen construction expenses; and
4. Award a Professional Services Agreement to CEJ Engineers, Inc. for $75,000 for Construction Management & Inspection Services and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 2026-2027 Capital Improvement Program, the City Council approved a project entitled, “Frontage Median Bioswale Installation Project,” which consists of:
Drought tolerant landscape installation
Bioswale installation
4” Thick PCC sidewalk and curb ramp installation
Installation of (12) Parkway Trees
The Frontage Median Bioswale Installation Project – Project No. P2702 will include the following two project locations:
Covina Boulevard from North Fairvale Avenue to North Fairvalley Avenue Glendora Avenue from Groverdale Street to Cienega Avenue DISCUSSION:
A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, May 28th, 2026, and Thursday June 4, 2026. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, June 9, 2026. Beginning at 10:00 am on June 9, 2026, the City Clerk publicly opened three (3) sealed bids with the following results:
Rank Bidder Location Total Base Bid
Amount
1 Siterep Construction Services, Inc. San Dimas, CA $230,372 2 Green Giant Landscape, Inc. La Habra, CA $239,000
3 KASA Construction, Inc. Chino, CA $398,900
City staff reviewed all bid documents for completeness and concluded that Siterep Construction Services, Inc. is the lowest responsive and responsible bidder to perform project construction. Siterep Construction Services, Inc. has satisfactorily completed projects for the City including the Frontage Median Bioswale Installation Project – From Greenpark Avenue to Garsden Avenue along Covina Boulevard, Hollenbeck Park Pickleball Court Construction Project, and the Covina Theater Seating Rail/Restroom Construction Project.
FISCAL IMPACT:
A funding amount of $350,000 has been allocated in the City’s approved Fiscal Year 2026-2027 Capital Improvement Program Budget for the Frontage Median Bioswale Installation Project – Project No.
P2702 from Measure W Funds.
Proposed Project Funding
Source of Funds Amount Account
Measure W $350,000 25105600-55320-P2702
Total $350,000
Proposed Project Expenses
Description Amount
Base Bid (Siterep Construction Services, Inc.) $230,372 Contingency Allowance (10%) $25,000
Total Contract Amount $255,372
Construction Management & Inspection Services (CEJ Engineers, Inc.) $75,000 Total Fiscal Impact $330,372
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 AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 7, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor for the construction of the Frontage Median Bioswale Installation Project – Project No. P2702.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Two Hundred and Thirty Thousand Three Hundred and Seventy Two Dollars ($230,372) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
ATTACHMENT A
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Andre Ortiz, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All
inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule,
regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or
termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any
premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In
the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: Andre Ortiz, President
City of Covina Siterep Construction Services, Inc
125 E. College Street 301 E. Arrow Highway, Suite 105
Covina, California 91723 San Dimas, CA 91773
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.
All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:
Siterep Construction Services, Inc.
a California Corporation
By:
Name: Andre Ortiz
Title: President
By:
Name: Andre Ortiz
Title: Secretary
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Frontage Median Bioswale Installation Project – Project No. P2702 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Frontage Median Bioswale Installation Project – Project No. P2702 (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 itssubcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section
1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 7, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Frontage Median Bioswale Installation Project – Project No. P2702.
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, 2027, 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 Seventy Five Thousand Dollars ($75,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
ATTACHMENT B
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the
Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without
charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,
age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CEJ Engineers, Inc
a California corporation
By:
Name: Joaquin Cervantes
Title: President
By:
Name: Joaquin Cervantes
Title: Vice President
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE/SCOPE OF SERVICES
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 June 9, 2026
CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR FRONTAGE MEDIAN BIOSWALES IMPROVEMENTS _ P2702
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.
Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.
The CEJ team will provide services for the aspects required for this project as per the scope of work.
The following Exhibits are enclosed:
Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Inspections and Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at [email protected].
Respectfully Submitted,
Joaquin Cervantes, P.E.
Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789
FRONTAGE MEDIAN BIOSWALES IMPROVEMENTS _ P2702
Pg. 2
Exhibit A
SCOPE OF WORK
CEJ will provide Project management and Inspection services for the paving project as indicated on Contract documents to commence on or about July 2026. Scope of project: Frontage Median Bioswales improvements. The major tasks include the following:
Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.
1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;
2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;
3. Respond to all of the Construction Contractors' Requests for Information;
4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.
5. Process plans and shop drawings submittals in a timely manner and stamp acceptable documents “Released For Construction”.
6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;
7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;
8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;
9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;
10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.
FRONTAGE MEDIAN BIOSWALES IMPROVEMENTS _ P2702
Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $75,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Frontage Bioswales
JOB NO: SUMMARY PROPOSAL FEE
DATE: 06/09/26
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Subtotal
B Construction Manager $10,000
Subtotal $10,000
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer $65,000
Subtotal $65,000
Note:
Time Estimation based on a 30-DAY Project Schedule
PROPOSED FEE
PROPOSED FEE: $75,000
Proposal By / Project Manager: Joaquin Cervantes, P.E
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: July 7, 2026
Title: City-Wide Alleyway Resurfacing Project – Project No. P2703 – Award of Contract to G.M. Sager Construction Co., Inc.
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the City-Wide Alleyway Resurfacing Project – Project No. P2703;
2. Award of Minor Construction and Maintenance Services Agreement to G.M.
Sager Construction Co., Inc. as the lowest responsive and responsible bidder in the amount of $146,280 and authorize the City Manager to execute the agreement; and
3. Authorize a contingency amount of $14,628 (approximately 10%) to cover the cost of any unforeseen construction expenses.
EXECUTIVE SUMMARY:
As part of the City’s Fiscal Year 2026-2027 Capital Improvement Program, the City Council approved a project entitled “City-Wide Alleyway Resurfacing Project”, which consists of removal and replacement of approximately 28,700 square feet of 1.5” thick AC overlay. The project encompasses the renovation of an existing decayed asphalt alleyway within the following location:
Alleyway between West Badillo Street and West Center Street from Citrus Avenue to 4th Street DISCUSSION:
The Department of Public Works requested informal proposals from three (3) construction contractors included in the City’s On-Call Services for Maintenance and Repair of City Facilities. City staff received the following proposals in response to the request:
Rank Contractor Location Bid Base Amount
1 GM Sager Construction, Inc. Pomona, CA $146,280
2 FS Contactors, Inc. Sylmar, CA $155,000
3 Gentry Brothers, Inc. Irwindale, CA $173,000
City staff reviewed all bid documents for completeness and concluded that G.M. Sager Construction Co., Inc. is the lowest bidder to complete project construction. G.M. Sager Construction Co., Inc. has satisfactory completed similar projects for the City of Covina such as the City-Wide Alleyway Resurfacing Project – Project No. P2401 and the Fire Station Facilities Repairs Project – Project No.
F2303.
FISCAL IMPACT:
The Citywide Alleyway Resurfacing Project – Project No. P2703 is included in the adopted Fiscal Year 2026-2027 Capital Improvement Program with a total allocation of $200,000 comprised of the following funding sources:
Proposed Project Funding
Funding Source Amount Account Number
State Gas Tax $50,000 23002200-55310-P2703
Vehicle Parking District $150,000 27002800-55360-P2703
Total $200,000
Proposed Project Expenses
Description Amount
Base Bid (G.M. Sager Construction Co, Inc.) $146,280
Contingency Allowance (10%) $14,628
Total Contract Amount $160,908
Total Fiscal Impact $160,908
On balance, unused project construction funds for the City-Wide Alleyway Resurfacing Project will be returned to the Vehicle Parking District fund balance upon completion of the project.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project involves negligible or no expansion of an existing use.
Respectfully submitted,
ATTACHMENT A
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 7, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and G.M. Sager Construction Co., Inc., a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide AC overlay work related to the City-Wide Alleyway Resurfacing Project, Project No. P2703.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of One Hundred and Forty Six Thousand Two Hundred and Eighty Dollars ($146,280) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed.
Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Gary Sager, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such
ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable
expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time
be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section 6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law,
commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other
professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.
Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.
Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval.
Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager.
Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years.
Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other
casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: Gary Sager, President
City of Covina G.M. Sager Construction Co., Inc.
125 E. College Street 1380 South East End Ave
Covina, California 91723 Pomona, CA 91766
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach,