Covina City Council
September 15, 2026

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, September 15, 2026, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

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Pages
JOINT MEETING—CLOSED SESSION 6:30 PM

CALL TO ORDER
Council/Agency/Authority Members: Drew Aleman, Walter Allen, III, Victor Linares, Mayor Pro Tem/Vice Chair Patricia Cortez, and Mayor/Chair Hector Delgado

PUBLIC COMMENTS - CLOSED SESSION
The public is invited to comment on Closed Session items only at this time.

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

A. Government Code §54956.9(d)(1) CONFERENCE WITH LEGAL

COUNSEL - EXISTING LITIGATION
Covina Responsible and Compliant Retail, LLC v. City of Covina, et. al.

B. Government Code §54956.9(d)(1) CONFERENCE WITH LEGAL

COUNSEL - EXISTING LITIGATION
WCAB: ADJ16312220
Zavala, Antonio vs. City of Covina
RECESS
JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER
Council/Agency/Authority Members: Drew Aleman, Walter Allen, III, Victor Linares, Mayor Pro Tem/Vice Chair Patricia Cortez, and Mayor/Chair Hector Delgado

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Linares.

INVOCATION
Given by Covina Police Chaplain Steve Martinez.

APPROVAL OF AGENDA

PRESENTATIONS
A. DAR Constitution Week
B. National Night Out Presentation
C. Pink Patch Project Kick-Off

CLOSED SESSION REPORT

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 $3,204,576.01.

CC 2. Confirm and Approve City Council’s Revisions to Various Boards and Commissions Appointments
15 Staff Recommendation:

Approve the City Council’s appointments to various boards and commissions.

CC 3. Approval of Part-Time Salary Range Adjustments Subject to Minimum Wage
17 Staff Recommendation:

Approve salary range adjustments for classifications affected by the State mandated minimum wage increases effective January 1, 2027, as per Labor Code Section 1182.12(c)(3)(A).

CC 4. Resolution CC 2026-102 Authorizing the Public Works Director to Execute Caltrans Required Documents for Federal and State Funding Programs
23

Staff Recommendation:

Adopt Resolution CC 2026-102; Authorizing the Public Works Director or their designee to execute necessary Caltrans documentation to authorize projects.

CC 5. Updates to the Finance Advisory Commission Bylaws 27 Staff Recommendation:

That the City Council approve Resolution CC 2026-107 updating the bylaws of the Finance Advisory Commission.

CC 6. Confirmation of Mayor’s Appointments to Intergovernmental Agencies
31 Staff Recommendation:

Approve the Mayor’s appointments of delegates and alternates to Intergovernmental Agencies.

CC 7. Professional Services Agreement with Fehr & Peers for as Needed Transportation Related Consulting Services
35 Staff Recommendation:

Approve the Professional Services Agreement with Fehr & Peers for an amount not to exceed $75,000 for as-needed consulting services.

CC 8. Request to Cancel the Regular City Council Meeting of October 6, 2026
53 Staff Recommendation:

That the City Council consider cancelling the regular scheduled City Council Meeting of October 6, 2026.

CC 9. Covina Public Library HVAC Repairs Project – Final Acceptance and Filing Notice of Completion
55 Staff Recommendation:

1. Accept the work performed by Air-Bree Heating & A/C, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Covina Public Library HVAC Repair Project.

2. CC 10. Purchase Order Authorization – Purchase of New Trash Receptacles for City Parks – FY 2026-27
59 Staff Recommendation:

Authorize the City Manager to approve a Purchase Order in the amount of $34,989.83 with Highland Products Group LLC dba The Park Catalog for the purchase of Trash Receptacles for City Parks.

CC 11. Rancho La Merced Reservoir Pump Replacement Project – Award of Minor Maintenance Agreement to DXP Enterprises, Inc. in the Amount of $43,160.99
67 Staff Recommendation:

Approve award of Minor Construction & Maintenance Agreement to DXP Enterprise, Inc. for the Rancho La Merced Pump
Reconstruction Project in the amount of $43,160.99 and
authorize the City Manager to execute the contract;

1. 2. Approve Resolution CC 2026-104, appropriating funds for the

project; and
Authorize a contingency project of $5,000 to cover the cost of unforeseen construction expenses.

3. CC 12. Extension to Maintenance Agreement between the City of Covina and Aclara Technologies LLC for Automated Water Reading Software 91 Staff Recommendation:

Authorize the City Manager to Execute an Extension to the Maintenance Agreement between the City of Covina and Aclara Technologies LLC for five, one-year terms in the amount of $35,053 for 2026-2027, increasing 5% per annum.

CC 13. Trash Enclosure Project – Sunkist Park – Project No. P2707 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $94,300
95 Staff Recommendation:

Approve plans and specifications for the Trash Enclosure Project – Sunkist Park – Project No. P2707;

1. Award a contract for the Trash Enclosure Project – Sunkist Park – Project No. P2707 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $94,300 and authorize the City Manager to execute the contract;

2. Authorize a project contingency amount of $9,430 to cover the cost of unforeseen construction expenses; and

3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-to-exceed $47,700 and authorize the City Manager to execute the agreement.

4. CC 14. Procurement of Information Technology Equipment and Services:

Email Security and Archiving, Police Mobile Data Computers, and Computer Hardware Refresh Program
141
Staff Recommendation:

That the City Council authorize the City Manager, or designee, to:

Execute a one-year subscription order for Mimecast email security and archiving services with SHI International Corp., utilizing OMNIA Partners cooperative contract 2024056-02, in an amount not to exceed $31,707;

1. Purchase seven Getac A140 rugged mobile data computers with vehicle docking equipment from BIT Direct Inc., utilizing OMNIA Partners cooperative contract R250307, in an amount not to exceed $45,885; and

2. Purchase Dell laptop and desktop computers from Dell utilizing NASPO ValuePoint cooperative contract C000001115143
(California Customer Agreement 23026), in an amount not to exceed $94,933, as part of the City's annual computer hardware refresh program; for a combined total not to exceed $172,525.

3. 145

CC 15. Written Report for Urgency Ordinance 25-16 Pursuant to Government Code Section 65858 (d)
Staff Recommendation:

Receive and file the written report describing the measures taken to alleviate the conditions that led to the adoption of the urgency ordinance.

CC 16. Authorization to Issue Purchase Orders for Technology Equipment and Public Amenities at the Covina Recreation Village Public Library Facility
149
Staff Recommendation:

That the City Council approve Resolution CC 2026-105, appropriating $230,534 and authorizing the issuance of purchase orders for technology equipment and public amenities at the Covina Recreation Village Public Library Facility.

CC 17. Covina Valley Water Company – Board of Directors Nominee Selection Process
155
Staff Recommendation:

Nominate the current Covina Valley Water Company Board of Directors to Represent the City of Covina; and

1. Designate the City Manager or his appointee to represent the City at the Annual Shareholder’s meeting.

2. CC 18. 2026 Conflict of Interest Code Biennial Update 157 Staff Recommendation:

Adopt Resolution CC 2026-106.

PUBLIC HEARINGS
PH 1. Ordinance 26-05 Approving Zoning Code Amendment (ZCA) 26-3, Ordinance 26-06 Approving Zone Change (ZCH) 26-1, and Resolution CC 2026-103 Approving General Plan Amendment (GPA) 26-1 173
Staff Recommendation:

Waive full reading and introduce Ordinance 26-05 entitled “An Ordinance of the City Council of Covina, California, Amending Title 17 (Zoning) of the Covina Municipal Code by Replacing it in its Entirety and Adopting the Zoning Code Update as a New Title 17 (Zoning) of the Covina Municipal Code, and Making a
Determination of Exemption Under the California Environmental Quality Act (“CEQA”)”;

1. Waive full reading and introduce Ordinance 26-06 entitled “An Ordinance of the City Council of the City of Covina, California, Approving Zone Change (ZCH) 26-1, Amending the City’s
Official Zoning Map by Consolidating Existing Commercial and Industrial Zones with Three New Commercial Zones and One New Industrial Zone, Eliminating Two Agricultural Zones and One Recreation Residential Zone, Renaming Existing Public Parks and Los Angeles County Park to a New Park Zone, and Changing One Parcel from the A-1 Agriculture Zone to the R-1- 20,000 Single-Family Estate Residential Zone, with the List of Assessors Parcel Numbers Attached Hereto as Exhibit A, and

2.

Making a Determination of CEQA Exemption”;
Adopt Resolution CC 2026-103 approving General Plan
Amendment (GPA) 26-1, amending the General Plan Land Use Map, changing the land use designation of Cougar Park from “General Commercial” to “Park”; and

3. 4. Approve CEQA Exemption.

PH 2. Zoning Code Amendment (ZCA) 26-4 for Accessory Dwelling Units 565 Staff Recommendation:

Waive full reading, read title only, and introduce first reading Ordinance 26-07 entitled, “An Ordinance of the City Council of the City of Covina, California, approving Zoning Code Amendment (ZCA) 26-4 amending Chapter 17.69 ("Accessory Dwelling Units") of Title 17 (Zoning) of the Covina Municipal Code to align the code with standards set forth under California State Laws (Government Code Sections 66310 - 66342) relating to Accessory Dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs); and Making a Determination of Exemption from the California Environmental Quality Act (CEQA).

PH 3. Adoption of Urgency Ordinance 26-08 581
Staff Recommendation:

Request the City Council
Issue a report pursuant to Government Code Section 65858(d); and

1. Adopt Ordinance 26-08, entitled “An Urgency Ordinance of the City Council of the City of Covina, California, Extending the Term of Ordinance 25-16 Enacted Pursuant to Government Code
Section 65858 Establishing a Moratorium on the Use of
Residential Property for Short Term Rental and Home
Experience Sharing, Declaring the Urgency Thereof, and Making a Determination of Exemption Under the California
Environmental Quality Act”, extending a moratorium on “ShortTerm Rentals” and “Home Experience Sharing” Uses within the City, for a period of one (1) year, expiring October 20, 2027.

2. ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, October 20, 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: September 15, 2026
Title: Payment of Demands
Presented by: Theresa Franke, Director of Finance
Recommendation: Approve Payment of Demands in the amount of $3,204,576.01.

EXECUTIVE SUMMARY:

Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:

Accounts Payable Warrants August 14, 2026 – August 31, 2026 CITY checks/EFTs $ 1,839,029.67
CITY payroll $ 1,322,955.66
CITY voids $ (2,252.69)
Worker’s Comp $ 44,843.37
$ 3,204,576.01
SACRA checks/EFTs $ 0.00
SACRA payroll $ 0.00
$ 0.00
TOTAL checks/EFTs $ 3,204,576.01
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
Aug 14, 2026 - Aug 31, 2026
Check # Check Date Vendor Name Amount
6119 06/17/2026 5668 MARLIN LEASING CORPORATION 779.86
6120 08/19/2026 5668 MARLIN LEASING CORPORATION 779.86
6121 08/27/2026 4003 MidAmerica 2,062.87
21150 08/27/2026 487 CalPERS 111,298.24
21151 08/27/2026 788 COVINA, CITY OF 59,410.53 *
21152 08/27/2026 789 COVINA-FSA, CITY OF 2,464.08
21153 08/27/2026 2033 NATIONWIDE RETIREMENT SOLUTIONS 37,100.30 subtotal EFT/wires/direct deposits $213,895.74
Internal transfers - workers comp allocation - no net cash effect (59,410.53) * subtotal EFT/wires/direct deposits less Internal Transfers $154,485.21 133004 08/19/2026 58 ADVANTAGE 13,849.03
133005 08/19/2026 219 AT&T 397.02
133006 08/19/2026 219 AT&T 68.09
133007 08/19/2026 221 AT&T MOBILITY 4.64
133008 08/19/2026 239 AUTOZONE INC 3.38
133009 08/19/2026 437 BURRO CANYON ENT INC 180.00
133010 08/19/2026 649 CINTAS CORP #693 1,331.74
133011 08/19/2026 700 COLLEY FORD 594.57
133012 08/19/2026 707 COMMERCIAL ELECTRIC SYSTEMS 1,600.00 133013 08/19/2026 749 BOHL PH.D., NANCY K. 771.75
133014 08/19/2026 849 DAPEER ROSENBLIT & LITVAK LLP 125.00 133015 08/19/2026 878 DELTA DENTAL OF CALIFORNIA 488.08 133016 08/19/2026 970 EDISON CO 63.89
133017 08/19/2026 1055 FEDEX 18.94
133018 08/19/2026 1156 THE GAS COMPANY 713.85
133019 08/19/2026 1190 GLENDORA DODGE 571.47
133020 08/19/2026 1561 KEYSTONE UNIFORM DEPOT 204.31
133021 08/19/2026 1608 COMMUNITY DEVELOPMENT COMMISSION 1,943.50 133022 08/19/2026 1698 LEXIPOL LLC 3,000.00
133023 08/19/2026 2004 MUNICIPAL MGMT ASSOC OF SOCAL 1,250.00 133024 08/19/2026 2101 OCLC 149.64
133025 08/19/2026 2415 REPUBLIC MASTER CHEFS 596.50
133026 08/19/2026 2617 SGV ECONOMIC PARTNERSHIP 6,000.00 133027 08/19/2026 2736 STAPLES BUSINESS ADVANTAGE 161.86 133028 08/19/2026 2814 AXON ENTERPRISES, INC. 2,387.08
133029 08/19/2026 2852 THREE VALLEY MUN WATER DISTR 6,638.85 133030 08/19/2026 2855 CHARTER COMMUNICATIONS 871.90
133031 08/19/2026 2966 V & V MANUFACTURING 128.12
133032 08/19/2026 3001 VERIZON WIRELESS 13,520.32
133033 08/19/2026 3004 VICTORY EXTERMINATING INC 80.00
133034 08/19/2026 3274 WILLDAN 47,457.30
133035 08/19/2026 3701 DEPARTMENT OF JUSTICE 328.00
133036 08/19/2026 3749 JCL TRAFFIC SERVICES 1,550.32
133037 08/19/2026 3865 HOUSTON ENGINEERING INC. 2,000.00 133038 08/19/2026 3958 COURTESY PLUMBING 510.00
133039 08/19/2026 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 600.00 133040 08/19/2026 4039 CALLYO 2009 CORP 3,120.00
133041 08/19/2026 4065 VERIZON WIRELESS 2,681.22
133042 08/19/2026 4246 FERGUSON ENTERPRISES 8,701.88
133043 08/19/2026 4249 H.Q. ENTERPRISES 921.96
133044 08/19/2026 4255 RELIASTAR LIFE INSURANCE COMPANY 13.38 Attachment A Page 1 of 4

CITY OF COVINA
Check Register
Aug 14, 2026 - Aug 31, 2026
Check # Check Date Vendor Name Amount
133045 08/19/2026 4389 EMPLOY AMERICA 2,741.00
133046 08/19/2026 4455 FRONTIER 2,203.50
133047 08/19/2026 4488 WILCOX SUPPLY INC 114.14
133048 08/19/2026 4523 LEDGENT FINANCE 1,759.20
133049 08/19/2026 4667 Ocean Blue Environmental Services, Inc. 8,795.03 133050 08/19/2026 4710 Fidelity Security Life Insurance Company 61.20 133051 08/19/2026 4764 UniFirst Corporation 971.04
133052 08/19/2026 4766 HASA, INC. 2,017.24
133053 08/19/2026 4833 Michael R. Hillmann 3,280.00
133054 08/19/2026 4840 BONITA UNIFIED SCHOOL DISTRICT 335.84 133055 08/19/2026 4854 CEJ Engineers, Inc. 33,580.00
133056 08/19/2026 4925 Humane Society of Pomona Valley, Inc. 30,499.08 133057 08/19/2026 4965 Environment Planning Development Solutions, Inc. 1,294.46 133058 08/19/2026 4977 Enterprise FM Trust 4,107.77
133059 08/19/2026 4983 Ad Valorem Records,Inc. 10,542.87 133060 08/19/2026 5019 GM Sager Construction Co., Inc. 13,893.75 133061 08/19/2026 5109 SITEREP CONSTRUCTION SERVICES, INC. 34,496.40 133062 08/19/2026 5111 Foothill Communications, Inc. 320.00 133063 08/19/2026 5233 RODENT PEST TECHNOLOGIES 146.21
133064 08/19/2026 5251 DANIEL'S TIRE SERVICE 5,955.29
133065 08/19/2026 5269 CONTROL AIR ENTERPRISES LLC. 25,471.08 133066 08/19/2026 5291 AMAZON CAPITAL SERVICES, INC 65.83 133067 08/19/2026 5317 JANET TINCH PEETS 175.00
133068 08/19/2026 5435 CORE & MAIN LP 1,236.00
133069 08/19/2026 5456 PROFESSIONAL CREATION LANDSCAPE 6,270.00 133070 08/19/2026 5568 PERERA CONSTRUCTION & DESIGN, INC. 990,259.58 133071 08/19/2026 5575 LINCO PICTURE FRAMING INC 314.24 133072 08/19/2026 5577 Bear Electrical Solutions, LLC 5,000.00 133073 08/19/2026 5617 DUNWRIGHT PAINTING 12,032.00
133074 08/19/2026 5671 CLIENTFIRST CONSULTING GROUP 31,953.80 133075 08/19/2026 5686 RAFTELIS FINANCIAL CONSULTANTS, INC. 1,612.50 133076 08/19/2026 5709 SOUTH COAST BOTANIC GARDEN FOUNDATION, INC. 1,595.00 133077 08/19/2026 5742 SO CAL PACIFIC ELECTRICAL AND LIGHTING 24,268.00 133078 08/19/2026 5793 HOWARD INDUSTRIES, INC 7,875.00
133079 08/19/2026 5815 FIBER UPPER HOLDINGS, LLC 925.00 133080 08/19/2026 5823 US METRO GROUP, INC. 9,491.46
133081 08/19/2026 5847 MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT 192.00 133082 08/19/2026 5855 FRANK MORALES 4,585.00
133083 08/19/2026 99999 ANGEL BECERRA 71.38
133084 08/19/2026 99999 ANNA PONCE 71.01
133085 08/19/2026 99999 CESAR DURAN 1,523.23
133086 08/19/2026 99999 CHARTER COMMUNICATIONS 815.00
133087 08/19/2026 99999 EFREN ALCALA JR. 94.78
133088 08/19/2026 99999 ENRIQUE GONZALEZ 59.02
133089 08/19/2026 99999 ERIN BOWLES 55.47
133090 08/19/2026 99999 FLORA TOTAL BEAUTY 35.08
133091 08/19/2026 99999 GINI KAUR 62.36
133092 08/19/2026 99999 IPERMIT, LLC 158.60
133093 08/19/2026 99999 JOHN CASANOVA 3,000.00
133094 08/19/2026 99999 JORDAN SANCHEZ 617.40
133095 08/19/2026 99999 KARL KIROLOS 23.61
Attachment A Page 2 of 4

CITY OF COVINA
Check Register
Aug 14, 2026 - Aug 31, 2026
Check # Check Date Vendor Name Amount
133096 08/19/2026 99999 MADISON MEDICAL CONSTRUCTION CORP. 4,000.00 133097 08/19/2026 99999 MIKHAIL NIGOLIAN 72.52
133098 08/19/2026 99999 VANESSA CARDOZA 77.12
133099 08/26/2026 44 ADAMSON INDUSTRIES 1,712.76
133100 08/26/2026 84 AIRGAS-WEST 114.48
133101 08/26/2026 239 AUTOZONE INC 47.15
133102 08/26/2026 254 AZUSA LIGHT & WATER 9,690.03
133103 08/26/2026 649 CINTAS CORP #693 451.18
133104 08/26/2026 700 COLLEY FORD 114.58
133105 08/26/2026 849 DAPEER ROSENBLIT & LITVAK LLP 2,243.60 133106 08/26/2026 970 EDISON CO 17,866.66
133107 08/26/2026 1156 THE GAS COMPANY 558.95
133108 08/26/2026 1204 GOLDEN STATE WATER COMPANY 159.63 133109 08/26/2026 1235 GRAINGER 1,642.29
133110 08/26/2026 1255 GRISWOLD INDUSTRIES 19,245.15
133111 08/26/2026 1361 HOLLIDAY ROCK CO INC 1,317.79
133112 08/26/2026 1505 JOHNNY'S POOL SERVICE 2,652.41
133113 08/26/2026 1531 JW LOCK CO INC 115.52
133114 08/26/2026 1612 LA CNTY DEPT OF PUBLIC WORKS 8,963.40 133115 08/26/2026 1614 LA CNTY FIRE DEPARTMENT 5,531.00 133116 08/26/2026 1694 LEWIS ENGRAVING INC 443.12
133117 08/26/2026 1707 LIEBERT CASSIDY WHITMORE 7,874.50 133118 08/26/2026 1792 MANNING & KASS 4,877.50
133119 08/26/2026 2091 O REILLY AUTO PARTS 8.75
133120 08/26/2026 2238 PEST OPTIONS INC 1,325.00
133121 08/26/2026 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 3,901.60 133122 08/26/2026 2329 PUENTE READY MIX INC 1,881.80
133123 08/26/2026 2345 QUILL 106.65
133124 08/26/2026 2415 REPUBLIC MASTER CHEFS 574.90
133125 08/26/2026 2614 SGVCMA 55.00
133126 08/26/2026 2705 SOUTH COAST AQMD 760.14
133127 08/26/2026 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 88.40 133128 08/26/2026 2929 ULINE 218.30
133129 08/26/2026 3004 VICTORY EXTERMINATING INC 150.00 133130 08/26/2026 3023 VULCAN MATERIALS COMPANY 2,260.72 133131 08/26/2026 3082 WESTERN WATER WORKS SUPPLY 828.76 133132 08/26/2026 3134 XEROX FINANCIAL SERVICES 3,309.24 133133 08/26/2026 3621 WAXIE ENTERPRISES INC 56.28
133134 08/26/2026 3749 JCL TRAFFIC SERVICES 2,460.01
133135 08/26/2026 3771 BLACK & WHITE EMERGENCY VEHICLES 208.06 133136 08/26/2026 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 1,295.17 133137 08/26/2026 3943 NETFILE INC 3,000.00
133138 08/26/2026 3988 LANDSCAPE WAREHOUSE III 1,307.24 133139 08/26/2026 4374 ADMINSURE, INC 8,875.66
133140 08/26/2026 4379 789, Inc. 6,150.00
133141 08/26/2026 4455 FRONTIER 2,922.00
133142 08/26/2026 4523 LEDGENT FINANCE 1,759.20
133143 08/26/2026 4529 American Planning Association 1,485.00 133144 08/26/2026 4704 S & J Supply Company, Inc. 1,241.50 133145 08/26/2026 4764 UniFirst Corporation 621.88
133146 08/26/2026 4766 HASA, INC. 454.44
Attachment A Page 3 of 4

CITY OF COVINA
Check Register
Aug 14, 2026 - Aug 31, 2026
Check # Check Date Vendor Name Amount
133147 08/26/2026 4840 BONITA UNIFIED SCHOOL DISTRICT 365.47 133148 08/26/2026 5011 Excel Office Services 485.63
133149 08/26/2026 5087 Tamrin Olden 2,500.00
133150 08/26/2026 5109 SITEREP CONSTRUCTION SERVICES, INC. 34,830.00 133151 08/26/2026 5228 ODP BUSINESS SOLUTIONS, LLC 268.44 133152 08/26/2026 5269 CONTROL AIR ENTERPRISES LLC. 22,945.58 133153 08/26/2026 5291 AMAZON CAPITAL SERVICES, INC 151.90 133154 08/26/2026 5394 SIERRA PLUMBING & DRAIN CLEANING 500.00 133155 08/26/2026 5412 COVINA ANIMAL HOSPITAL 314.39
133156 08/26/2026 5435 CORE & MAIN LP 259.68
133157 08/26/2026 5577 Bear Electrical Solutions, LLC 29,898.90 133158 08/26/2026 5580 ROLLINS, INC 496.98
133159 08/26/2026 5593 FOSTER & FOSTER CONSULTING ACTUARIES, INC 1,250.00 133160 08/26/2026 5629 MINUTEMAN PRESS COVINA 580.13
133161 08/26/2026 5671 CLIENTFIRST CONSULTING GROUP 7,067.50 133162 08/26/2026 5706 RAPID FIRE SAFETY & SECURITY LLC 204.00 133163 08/26/2026 5756 U.S. ELECTRICAL SERVICES, INC 231.50 133164 08/26/2026 5834 BIT DIRECT INC 2,319.00
133165 08/26/2026 5859 WESTLAND FLOORING INC 950.00
133166 08/26/2026 99999 BRIANA DURAN 963.67
133167 08/26/2026 99999 KATHRYN ROSS 80.00
133168 08/26/2026 99999 KEITH OVEREND 38.30
133169 08/26/2026 99999 LA QUIRSHA FENNELL 53.98
133170 08/26/2026 99999 MILTON AVILA 10.00
133171 08/26/2026 99999 OLAIDE SIMMS 253.82
133172 08/26/2026 99999 PATRICIA KELLEY 45.56
133173 08/27/2026 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 5,514.49 133174 08/27/2026 69 AFSCME District Council 36 847.50
133175 08/27/2026 775 COVINA POLICE ASSOCIATION 3,450.00 133176 08/27/2026 878 DELTA DENTAL OF CALIFORNIA 10,188.67 133177 08/27/2026 3795 PRE-PAID LEGAL SERVICES, INC 151.00 133178 08/27/2026 3846 CLEA 1,283.75
133179 08/27/2026 4255 RELIASTAR LIFE INSURANCE COMPANY 5,246.80 133180 08/27/2026 4710 Fidelity Security Life Insurance Company 1,100.74 subtotal checks $1,684,544.46
129774 01/08/2026 99999 ERIN BOWLES (55.47)
129784 01/08/2026 99999 STEVEN ZHANG (46.85)
129978 01/21/2026 99999 CHARLIE GARCIA (1922.00)
130061 01/28/2026 99999 GINA PONCE (30.95)
130064 01/28/2026 99999 JOURNEY OF FAITH AG (197.42)
subtotal voids ($2,252.69)
payroll (08/27/26) $1,322,955.66
workers' compensation $44,843.37
TOTAL checks/EFTs $3,204,576.01
Attachment A Page 4 of 4

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: September 15, 2026
Title: Confirm and Approve City Council’s Revisions to Various Boards and Commissions Appointments
Presented by: Chris Marcarello, City Manager
Fabian Velez, Chief Deputy City Clerk
Recommendation: Approve the City Council’s appointments to various boards and commissions.

EXECUTIVE SUMMARY:

Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.

DISCUSSION:

Appointed members of boards and commissions are appointed by and serve at the pleasure of the City Council, pursuant to Government Code Section 36506. The City Council shall have the authority to appoint, reappoint, and/or make changes to existing positions.

The following actions are being considered for approval:

Councilmember Allen:
 Appointment of Dan McMeekin to the Youth Accountability Board for an unexpired 4-year term ending June 30, 2030.

Mayor Delgado:
 Reappointment of Kevin Stapleton to the Finance Advisory Commission for an unexpired 4-year term ending June 30, 2030.
 Reappointment of Yvonne Rojo to the Parks & Recreation Commission for an unexpired 4-year term ending June 30, 2030.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: September 15, 2026
Title: Approval of Part-Time Salary Range Adjustments Subject to Minimum Wage Presented by: Joanna Espinosa, Human Resources Manager
Recommendation: Approve salary range adjustments for classifications affected by the State mandated minimum wage increases effective January 1, 2027, as per Labor Code Section 1182.12(c)(3)(A).

EXECUTIVE SUMMARY:

California law mandates that the minimum wage be increased when certain inflation-related events occur. Specifically, California Labor Code section 1182.12 delegates authority to California’s Director of Finance to annually determine and certify to the Governor and State Legislature whether an adjustment to the minimum wage is appropriate. On July 31, 2026, the Director of Finance published a letter stating it was necessary for the minimum wage to rise by 2.99% to account for inflation adjustment effective January 1, 2027. Accordingly, the new minimum wage in the State of California will be $17.40 per hour effective January 1, 2027.

The City Council will consider authorizing wage adjustments for affected job classifications impacted by the statutory mandates, effective January 1, 2027 (pursuant to Labor Code section 1182.12(c)(3)(A)). The new minimum wage will affect part-time positions currently compensated at less than $17.40 per hour. Additionally, implementation of the new minimum wage will create salary compaction within certain identified job families. To address these salary compaction issues, Human Resources is also requesting that the City Council authorize corresponding salary adjustments for other part-time classifications within the affected job families.

BACKGROUND:

On October 21, 2025, City Council approved a minimum wage salary adjustment to $16.90 an hour as per Labor Code section 1182.12(c)(3)(A), effective January 1, 2026, which was based on the annual inflation rate from July 1, 2024, through June 30, 2025.

This year, the state’s Department of Finance calculated that an adjustment of 2.99% to $17.40 per hour must be implemented by January 1, 2027. Increases to California’s minimum wage are expected to continue each calendar year based on the inflation rate of the U.S. Consumer Price Index (CPI), under Labor Code section 1182.12 or other legislation. The revised Part-Time Salary Schedule is included as Attachment A.

DISCUSSION:

The City has seven (7) part-time job classifications subject to the 2027 minimum wage increase, wherein Step One of the respective salary range is currently below $17.40 per hour. Step One of the classifications of Administrative Intern, Community Resources Aide, Custodian, Engineering Intern, Library Page Shelver, Police Cadet, and Student Aide is currently at $16.90 per hour. The proposed new ranges for the salary steps for these classifications to meet the State’s new minimum wage increase as of January 1, 2027, are as follows:

Classification Salary Steps
1 2 3 4 5
Administrative
Intern $17.40 $18.27 $19.18 $20.14 $21.15
Community
Resources
Aide
‘’ ‘’ ‘’ ‘’ ‘’
Custodian ‘’ ‘’ ‘’ ‘’ ‘’
Engineering
Intern ‘’ ‘’ ‘’ ‘’ ‘’
Library Page
Shelver ‘’ ‘’ ‘’ ‘’ ‘’
Police Cadet ‘’ ‘’ ‘’ ‘’ ‘’
Student Aide ‘’ ‘’ ‘’ ‘’ ‘’
Additionally, the City has four (4) other part-time classifications within the same job family that will be affected by these increases, causing a salary compaction issue: Community Resources Assistant I (Step 1 is currently $17.75), Community Resources Assistant II (Step 1 is currently $18.63), Community Resources Specialist (Step 1 is currently $20.81), Library Clerk (Step 1 is currently $18.00). Likewise, in order to remain competitive, recruit and retain employees, the Park Maintenance Assistant (Step 1 is currently $17.42) needs to be adjusted. In order to provide a consistent salary variance between classifications within this same job family, staff recommend that the following salary ranges be adjusted:

Classification Salary Steps
1 2 3 4 5
Community
Resources
Assistant I
$18.27 $19.18 $20.14 $21.15 $22.21
Community
Resources
Assistant II $19.18 $20.14 $21.15 $22.21 $23.32
Community
Resources
Specialist
$21.31 $22.37 $23.49 $24.67 $25.90
Library Clerk $18.53 $19.46 $20.43 $21.45 $22.52
Park
Maintenance
Assistant
$17.92 $18.82 $19.76 $20.75 $21.79
Similarly, the Reserve Police Officer classification was analyzed to ensure that the compensation remains competitive and in alignment with the market. Reserve Police Officers I perform essential law

enforcement duties similar to those of full-time officers – without the benefits and incentives afforded to full-time personnel. In order to be within the 60th percentile of the market, recognize the critical contributions of Reserve Officer, reduce overtime costs, improve recruitment and retention, and to remain competitive, staff recommend the following salary ranges be adjusted:

Classification Salary Steps
1 2 3 4 5
Reserve
Police Officer I $46.24 $48.55 $50.98 $53.53 $56.20
FISCAL IMPACT:

The proposed wage adjustments will directly impact seven (7) budgeted positions in the City.

Additionally, six (6) job classifications will be impacted due to salary compaction issues in related job families. It is estimated that these adjustments will cause a slight increase in salary expenses ($7,700 in Fiscal Year 2027). The effect of this increase on the general fund budget will be reviewed at midyear to ensure that the impact remains minimal and to adjust the budget if necessary.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CITY OF COVINA

PART-TIME SALARY SCHEDULE
EFFECTIVE JANUARY 1, 2027

DESCRIPTION STEP HOURLY
9040 ADMINISTRATIVE INTERN 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15
9054 BACKGROUND INVESTIGATOR 1 $ 27.47
2 $ 28.84
3 $ 30.29
4 $ 31.80
5 $ 33.39
9130 CITY RESOURCE SPECIALIST $ 25.00
-
$ 105.00
9090 COMMUNITY RESOURCES AIDE 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15
9100 COMMUNITY RESOURCES ASSISTANT I 1 $ 18.27
2 $ 19.18
3 $ 20.14
4 $ 21.15
5 $ 22.21
9110 COMMUNITY RESOURCES ASSISTANT II 1 $ 19.18
2 $ 20.14
3 $ 21.15
4 $ 22.21
5 $ 23.32
9120 COMMUNITY RESOURCES SPECIALIST 1 $ 21.31
2 $ 22.37
3 $ 23.49
4 $ 24.67
5 $ 25.90
9355 CUSTODIAN 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15
9150 ENGINEERING INTERN 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15

CITY OF COVINA

PART-TIME SALARY SCHEDULE
EFFECTIVE JANUARY 1, 2027

DESCRIPTION STEP HOURLY
9180 LIBRARY CLERK 1 $ 18.53
2 $ 19.46
3 $ 20.43
4 $ 21.45
5 $ 22.52
9091 LIBRARY PAGE SHELVER 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15
9220 OVERNIGHT ENFORCEMENT OFFICER 1 $ 18.99
2 $ 19.94
3 $ 20.94
4 $ 21.98
5 $ 23.08
9230 PARK MAINTENANCE ASSISTANT 1 $ 17.92
2 $ 18.82
3 $ 19.76
4 $ 20.75
5 $ 21.79
9265 POLICE CADET 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15
9261 RESERVE POLICE OFFICER I 1 $ 46.24
2 $ 48.55
3 $ 50.98
4 $ 53.53
5 $ 56.20
9260 RESERVE POLICE OFFICER II/III 1 $ 40.00
2 $ 42.00
3 $ 44.10
4 $ 46.31
5 $ 48.62
9340 STUDENT AIDE 1 $ 17.40
2 $ 18.27
3 $ 19.18
4 $ 20.14
5 $ 21.15

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: September 1, 2026
Title: Resolution CC 2026-102 Authorizing the Public Works Director to Execute Caltrans Required Documents for Federal and State Funding Programs Presented by: Rafael Fajardo, Director of Public Works/City Engineer Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Recommendation: Adopt Resolution CC 2026-102; Authorizing the Public Works Director or their designee to execute necessary Caltrans documentation to authorize projects.

EXECUTIVE SUMMARY:

Federal and State transportation funding awards administered through Caltrans Local Assistance require City authorization to execute documents needed for project obligation. Rather than preparing project specific resolutions for each right-of-way certification, Master Agreement Amendment, or Program Supplemental Agreement, the City Council may adopt a blanket resolution authorizing the Public Works Director to execute Caltrans required documents. This approach would streamline the obligation process for future state and federally funded projects, including the upcoming federal appropriation obligation process for the Quiet Zone project. Projects falling under these criteria would still be required to be presented to the City Council for authorization of the project, acceptance of grant funds, and appropriation of local match funds, if required.

BACKGROUND/DISCUSSION:

The City received a $4M federal award from the 2024 Consolidated Appropriations Act (Community Project Funding, Congressionally Directed Spending or CPFCDS) for the Covina Metrolink Connectivity Project. In January 2026, the City Council adopted a project specific resolution authorizing the Public Works Director to execute the right-of-way certification for the Covina Metrolink Connectivity Project, HIPL 5118-(023). Later, in August 2026, the City completed the Request for Authorization (RFA) process, consisting of Right-of-Way Certification, Preliminary Environmental Study, and other components of the vetting process under the Local Assistance procedures.

Following the approval of the RFA, the local agency must execute a project-specific agreement with Caltrans, referred to as the Program Supplemental Agreement. Before Caltrans may counter sign it, the local agency must provide a resolution demonstrating authorization for specific City personnel to execute it. Under the current practice, the City may continue to submit individual, project-specific resolutions for right-of-way certifications and project specific agreements (two resolutions per project, submitted at different points in the obligation process). However, pursuant to Chapter 4 of the Local Assistance Procedures Manual (LAPM), a local agency may instead adopt a blanket authorization resolution. A blanket resolution would authorize a designated City official to execute applicable Caltrans required documents on the City’s behalf, reducing administrative time and paperwork associated with obtaining separate City Council authorization for each individual document. Examples of other jurisdictions that have opted for this approach include the Cities of Walnut and La Verne, which both adopted blanket resolutions in 2012 and continue to use their blanket authorizations for their state and federally funded projects.

As the obligation process for the Covina Metrolink Connectivity Project No. HIPL 5118-(023) is finalized, it is recommended that the City Council consider adopting a blanket resolution authorizing the execution

of related documents with Caltrans. Approval of the blanket authorization would provide the authorization needed to execute Program Supplemental Agreement No. F017 to Master Agreement No. 07-5118F15 for the Covina Metrolink connectivity Project (Attachment B) and streamline future Local Assistance actions for other eligible projects. The City also recently applied for ATP Cycle 8 funding earlier in 2026 and may pursue the Highway Safety Improvement Program (HSIP) for a systemic safety improvement project and the Local Partnership Program (LPP) to support the Covina Town Center Pedestrian Bridge Project. If awarded any of these programs, they would also be subject to the Caltrans Local Assistance Procedures.

FISCAL IMPACT:

There is no fiscal impact associated with approving the resolution.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

RESOLUTION CC 2026- _________

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF COVINA, CALIFORNIA, AUTHORIZING THE

PUBLIC WORKS DIRECTOR TO EXECUTE

AGREEMENT AND MISCELLANEOUS DOCUMENTS

FOR PROJECTS FUNDED THROUGH CALTRANS

LOCAL ASSISTANCE
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation (Caltrans); and WHEREAS, Master Agreements, Program Supplemental Agreements, Right-of-Way Certifications, and/or other Agreements and/or Documents need to be executed with the California Department of Transportation before such funds can be claimed; and, WHEREAS, these agreements and required documentation must be executed by an authorized official of the City of Covina.

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

SECTION 1. The City Council of the City of Covina delegates authority to the Public Works Director to execute all Agreements and/or Documents related to projects funded through Caltrans Local Assistance, including but not limited to: Master Agreements and Amendments, Program Supplemental Agreements and Amendments, and Right-of-Way Certifications.

SECTION 2. The City Clerk shall certify to the adoption of this resolution.

APPROVED and PASSED this 15th day of September 2026.

City of Covina, California
BY: ___________________________
HECTOR DELGADO, Mayor
ATTEST:

________________________________

FABIAN VELEZ
Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Director of City Clerk and Communications of the City of Covina, do hereby certify that Resolution CC 2026-_____was duly adopted by the City Council of the City of Covina at a regular meeting held on the 2
nd day of September, by the
following vote:

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: September 1, 2026
Title: Updates to the Finance Advisory Commission Bylaws Presented by: Chris Marcarello, City Manager
Fabian Velez, Chief Deputy City Clerk
Recommendation: That the City Council approve Resolution CC 2026-107 updating the bylaws of the Finance Advisory Commission.

EXECUTIVE SUMMARY:

At its June 16, 2026, regular meeting, the City Council approved the formation of an Ad-Hoc Committee (“Committee”) to review and update various policy and procedural guidelines. The Council also appointed Mayor Delgado and Councilmember Allen to serve on the Committee. Since forming, the Committee developed recommendations that were approved by the Council on July 21, 2026. As proposed, the Council will now consider updates from the Committee to revise the Finance Advisory Commission’s bylaws and membership structure to better align with other City Commissions. As proposed, the Council will consider reconfiguring membership to include 7 voting members (5 City Council appointees, 1 Mayor Appointee and the City Treasurer).

BACKGROUND:

The Boards & Commission program allows residents of the City to directly contribute to policy and programs across a variety of topics within the City’s jurisdiction and brings a diverse set of background and ideas to help shape recommendations to the City Council. There are currently a total of six boards and commissions throughout the City which are subject to Brown Act regulations governing meeting agendas and attendance quorums.

The Finance Advisory Commission (FAC) was established by City Council Resolution No. 14-7236 on June 3, 2014, to advise the City Council on finance-related policies, long-term financial planning and to review and monitor the Community Development Block Grant program as part of the City’s mandated Citizen Participation Plan. The FAC’s membership structure originally consisted of up to seven members and two alternatives appointed by the City Council. On October 2, 2018, the City Council voted to increase the membership of the FAC to consist of up to ten members via Resolution CC 18- 127. Membership was again updated on August 16, 2022, to include the City Treasurer as a non-voting member of the Commission.

In recent years, the increased number of members has led to scheduling issues and challenges at times with reaching a quorum at FAC meetings. To alleviate this issue, the Committee recommends that the Council consider modifying the membership structure to consist of 7 voting members, including 5 appointees from the City Council, 1 appointee from the Mayor and the City Treasurer. Three appointed members would be appointed to four-year terms expiring on June 30, 2030, and the remaining three appointed members will continue to serve their current four-year terms expiring on June 30, 2028, no changes will be made to term lengths. The term for the City Treasurer shall coincide with the election of the office.

FISCAL IMPACT:

There is no fiscal impact associated with these changes.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2026-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, TO AMEND THE BY-LAWS OF THE FINANCE ADVISORY

COMMISSION TO REDUCE TOTAL MEMBERSHIP AND PROVIDE

VOTING PRIVILEGES TO THE CITY TREASURER
WHEREAS, the Finance Advisory Committee was established and bylaws adopted per Resolution No. 14-7236, adopted June 3, 2014; and WHEREAS, the bylaws of said Committee were amended per Resolution No. 14- 7274 on August 19, 2014; and
WHEREAS, on April 9, 2016, the City Council adopted Resolution CC 16-7480 adopting policies related to the advisory bodies of the City, renaming the Finance Advisory Committee as the Finance Advisory Commission; and WHEREAS, on October 2, 2018, the City Council adopted Resolution CC 18-127 amending policies related to the City' s advisory boards and commissions, making modifications to certain provisions of said policies related to eligibility and membership, recruitment, appointment and selection; and
WHEREAS, on November 20, 2018, the City Council adopted Resolution CC 18- 137 amending policies related to the City' s advisory boards and commissions, and rescinding Resolution CC 18-127; and
WHEREAS, on February 5, 2019, the City Council adopted Resolution CC 19-12 amending the Finance Advisory Commission Bylaws to include the responsibility of advising and making recommendations to the City Council pertaining to the City’s transactions and use tax funding; and
WHEREAS, on March 5, 2019, the City Council adopted Resolution CC 19-27 amending policies related to the City’s Advisory Boards and Commission and rescinding Resolution CC 18-137; and
WHEREAS, on August 16, 2022, the City Council approved revisions to Resolution CC 19-27 relating to appointment to Boards, Commissions, and Committees Policy; and WHEREAS, on April 4, 2023, the City Council approved Resolution 2023-21 to amend the bylaws for a fixed meeting schedule and allow special meetings to be called by staff; and
WHEREAS, on April 15, 2025, the City Council approved Resolution 2025-27 to amend the bylaws to modify quorum requirements and allow for bylaw amendments at by two-thirds vote at regular and special meetings.

Resolution CC 2026-107 Page 2 of 2

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

SECTION 1. The Finance Advisory Commission Bylaws Section II, Subsection (A)(1) is amended to read as follows: The Finance Advisory Commission (hereinafter Commission) shall consist of the City Treasurer and six members appointed by the City Council.

SECTION 2. The Finance Advisory Commission Bylaws Section V, Subsection E is amended to read as follows: Majority of appointed Commission members shall constitute a quorum. Each Commission member shall be entitled to one vote.

Recommendation of new policies or programs to City Council requires an affirmative vote from the majority of the members present.

SECTION 3. This resolution shall supersede any portions of bylaws, policies, or guidelines in regard to the total membership count and voting ability of members of the Finance Advisory Commission.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15
th day of September, 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 2026-107 duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of September, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: September 15, 2026
Title: Confirmation of Mayor’s Appointments to Intergovernmental Agencies Presented by: Fabian Velez, Chief Deputy City Clerk
Recommendation: Approve the Mayor’s appointments of delegates and alternates to Intergovernmental Agencies.

EXECUTIVE SUMMARY / BACKGROUND:

Appointments to various organizations in which the City has membership or participates as a liaison can be made at any time as recommended by the Mayor.

DISCUSSION:

Attachment A to this staff report is the list of appointments made by Mayor Delgado, which includes appointments made on July 21, 2026, and an updated appointment to the San Gabriel Valley Council of Governments.

FISCAL IMPACT:

Funding for necessary travel expenses has been authorized and budgeted in the City Council Conferences as Travel Account #1010-0010-53200.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CITY OF COVINA
September 15, 2026

MAYOR'S APPOINTMENTS TO INTERGOVERNMENTAL AGENCIES
AGENCY DELEGATE ALTERNATE MEETING DAYS & TIMES STIPEND Notes Sanitation Districts of Los
Angeles County
19555 Workman Mill Road
Whittier, CA 90607
562-908-4288
[email protected]
Delgado Cortez 4th Wednesday, Every Month at
1:30 pm, District Offices
Kimberly Christensen, Secretary to
Board
$125
Per mtg
*Mayor must be
Delegate; any
Councilmember
may be Alternate
*700 Form
Required
Foothill Transit
100 S. Vincent Ave, Ste 200
West Covina, CA 91790
626-931-7300 ext. 0
626-931-7304, Board Secretary
Delgado Allen Last Friday of each month at 7:45
am, except for Feb and Nov
Annual meeting is in May
Doran Barnes, CEO
[email protected]
$150
Per mtg
*700 Form
Required
Independent Cities Association
PO Box 39381
Downey, CA 90239
310-486-7555
[email protected]
Linares Allen 2nd Thursday, Every Month Except
August at 7 pm
Marcel Rodarte, Business
Manager
n/a
League of California Cities
LA County Division
1400 K Street, Suite 400
Sacramento, CA 95814
626-786-5142
Allen Aleman 1st Thursday of January, March, &
June (& as needed) at 6:30 pm
(various locations)
Jennifer Quan, Executive Director
[email protected]
n/a *Walt is Chair of
the League’s
Public Safety
Committee
San Gabriel Valley Council of
Governments (SGV COG)
1000 S. Fremont Ave. Unit #42
Alhambra, CA 91803
626-457-1800
[email protected]
Delgado Polzin 3rd Thursday, Every Month at 4 pm
Foothill Transit Office
100 S Vincent Ave, Ste 200
West Covina, CA 91790
Marisa Creter, Executive Director
Currently, meetings are virtual.
$75
Per mtg
*700 Form
Required
San Gabriel Valley Mosquito &
Vector Control District
1145 N. Azusa Canyon Road
West Covina, CA 91790
626-814-9466
Cortez Polzin 2nd Friday, Every Month at 7 am
Jarrod Dever, District Manager
$100
Per mtg
SGV Water Association
(Watermaster)
725 N. Azusa Avenue
Azusa, CA 91702
626-815-1300
www.sgvwa.org
www.Watermaster.org
Delgado Aleman 1st Wednesday, Every Month at
2:30 pm at San Gabriel Basin
Watermaster
Arrica Jimenez, Administration
Manager
[email protected]
n/a
Southern California Association
of Governments (SCAG)
900 Wilshire Blvd. Ste 1700
Los Angeles, CA 90017
213-630-1420
Delgado Cortez Annual/When Called
Kome Ajise, Executive Director
[email protected]
[email protected]
n/a *700 Form
Required for
committee
members only
City Selection Committee &
LAFCO
LA County Commission Services
Hall of Administration
500 W. Temple Street, Rm B50
Los Angeles, CA 90012
213-974-1411
Delgado Cortez When Called (Held in conjunction
w/League Meetings)
Lori Glasgow, Executive Officer
[email protected]
n/a *Mayor must be
Delegate; any
Councilmember
may be Alternate

ATTACHMENT A

CITY OF COVINA

MAYOR'S APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES September 15, 2026

COUNCIL LIAISON TO BOARDS, COMMISSIONS, COMMITTEES
Community Recognition Committee – Aleman/Allen
Finance Advisory Commission – Cortez/Aleman
Library Board of Trustees – Delgado/Aleman
(Library Community Room—6:30 pm/3rd Wednesday each month)

Planning Commission – Linares/Cortez
(Council Chambers @ 7:00 p.m. 2nd & 4th Tuesday each month) Traffic and Mobility Advisory Commission – Delgado/Linares Youth Accountability Board – Delgado/Linares
(Quarterly —check agenda for time and location)
City Auditors Committee – Cortez/Allen
(Meets twice a year with the City Auditors)
Covina Chamber of Commerce – Linares/Aleman

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: September 15, 2026
Title: Professional Services Agreement with Fehr & Peers for as Needed Transportation Related Consulting Services
Presented by: Rafael Fajardo, Director of Public Works
Brian K. Lee, AICP, Deputy City Manager/Director of Community Development Recommendation: Approve the Professional Services Agreement with Fehr & Peers for an amount not to exceed $75,000 for as-needed consulting services.

EXECUTIVE SUMMARY:

On occasion, the City utilizes consultant services to expand the technical capacity and expertise of personnel to better serve the community. The City Council will consider approving a Professional Services Agreement with Fehr & Peers, a multi-disciplinary consulting firm specializing in transportation planning, to provide on-call support services to the Public Works and Community Development Departments. Services may include but are not limited to various transportation-related analyses (e.g.

Vehicle Miles Traveled, Benefit-Cost-Ratio), grant preparation assistance, engineering and design services, and other related professional services.

BACKGROUND/DISCUSSION:

The City recently completed a four-year effort to develop the Covina Active Streets and Multi Modal Connectivity Plan (CASMCP), with support from Fehr & Peers. Throughout the planning process, the Fehr & Peers team demonstrated professionalism, attention to detail, and exemplary technical expertise. Since the adoption of the CASMCP, staff have monitored potential funding opportunities to implement the safety and mobility enhancement projects identified in the CASMCP.

The California Transportation Commission (CTC) recently released a Call for Projects for Cycle 13 of the Highway Safety Improvement Program (HSIP). HSIP prioritizes projects with the potential to significantly reduce collisions resulting in serious injury and fatalities. The current cycle includes a setaside funding category focusing on Vulnerable Roadway Users (VRU) which includes pedestrians and cyclists. Additionally, the CTC is allowing certain Active Streets Plans, Pedestrian Plans, and Bicycle Plans to qualify as a Local Roadway Safety Plan (LRSP) equivalent. City staff submitted the CASMCP to the CTC for review and the CTC determined that the CASMCP is equivalent to an LRSP under the Cycle 13 criteria.

Based on this determination, the City retained Fehr & Peers, given the firm’s role in preparing the CASMCP and their familiarity with collision patterns in the City, to perform a Cost-Benefit-Ratio (BCR) Analysis on the Citywide street system. The BCR is a key indicator to evaluate whether a proposed project, within the BCR funding category, may receive funding. Under the competitive BCR category, projects must demonstrate a BCR value of at least 5 to be eligible. Pending the results of the analysis, the City may retain Fehr & Peers to submit a full grant funding application under the HSIP program.

The cost for services may range from $7,000 per application under the set-aside category, to up to $29,000 at the high end for a large project under both the BCR and the set-side categories. Because the current HSIP call for projects closes in November 2026, approving a Professional Services Agreement would allow sufficient time for staff to evaluate potential projects, make an informed decision whether to apply, and, if found feasible, prepare a competitive application before the deadline.

The attached Professional Services Agreement (PSA) provides the Public Works and Community Development department with the ability to utilize Fehr & Peers on an as needed basis, to perform specialized analysis and supplemental transportation planning support. Potential services include evaluating competitiveness for grant programs using quantifiable methods (e.g. BCR analysis), preparing grant applications, updates to the CASMCP, and similar. The proposed agreement would have an initial term of two years, with the option to extend the term of agreement for up to two additional one-year terms. Each task or defined scope requires written approval by an executive team member and confirmation that sufficient funds are available prior to commencement of work.

FISCAL IMPACT:

The Community Development and Public Works departments have sufficient funding available within the Fiscal Year 2026-2027 Operating Budget for as needed consulting support within funding accounts 1010 2100 51990 (Public Works Other Professional Fees) and 1010 4000 51005 (Professional Fees).

The City recently retained Fehr & Peers to conduct a task specific analysis to assess whether the City would be a competetive applicant under HSIP. If the analysis determines that the City is competetive, both departments agree to cooperatively fund the fee for Fehr & Peers to prepare the grant application on behalf of the City. The Contract is valid for up to two years, allowing staff to utilize Fehr & Peers for task specific services in support of transportation and mobility enhancement goals.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 15, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Fehr & Peers, 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 Perform On-call, as -needed transportation planning and design services for the City of Covina.

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 September 15, 2028, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant up to a not-to-exceed amount of Seventy-Five Thousand Dollars ($75,000) (the “maximum compensation”), as set forth in the Approved Fee Schedule & Scope of Services, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A City may request, in writing, changes in the scope of services to

be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Miguel Núñez, Principal/Project manager, (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 in conformance with the project timeline, attached hereto as Exhibit C.

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, timecards, 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. Notwithstanding, the forgoing provisions in this Section 5 does not apply to any intellectual property owned or created by any third party other than Consultant or City (Third-Party Content”) or to any inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled, or produced by Consultant prior to or independently of any of its performance of this Agreement (“Background IP”), including such Third-Party Content or Background IP that Consultant may employ in its performance of this Agreement, or may incorporate into any part of the written products. Consultant shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all such Background IP. Consultant grants to City an irrevocable, non-exclusive, non-transferable, royaltyfree license in perpetuity to use, reproduce, prepare derivative works based upon, distribute, disclose, and derive from perform, and display, such Background IP, including the right of City to authorize contractors, consultants and other to do the same on City’s behalf, but only as an inseparable part of the written products. In the event the written products contains, or incorporates any Third-Party Content, or derivative work based on such Third-Party Content, or a compilation that includes such Third-Party Content, or in the event any such Third-Party Content is needed by City to reasonably enjoy and use Consultant’s services or written products, Consultant shall secure on City’s behalf an irrevocable, non-exclusive, non-transferable, perpetual, royalty-free license in perpetuity for City to use, reproduce, prepare derivative works based upon, distribute, disclose, perform, and display, the Third-Party Content, including the right of City to authorize contractors, consultants and others to do the same of City’s behalf, but only as an inseparable part of the written products.

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. Consultant may reference the City and the nature of its services under this Agreement as documentation of its experience and expertise.

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, 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 negligent acts or omissions, or willful wrongdoing, 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’ reasonable 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 selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

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

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

If to City: If to Consultant:

Attn: Daniella Chadwick Miguel Núñez
Community Development Manager Principal/Project Manager City of Covina Fehr & Peers
125 E. College Street| 600 Wilshire Blvd, Suite 1050
Covina, California 91723 Los Angeles, CA 90017

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

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,

age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

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

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

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

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

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

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

30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City: Consultant:

City of Covina,
a California municipal corporation
By:

Name: Chris M. Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Director of City Clerk &
Communications
Fehr and Peers, LLC
a California Corporation
By:

Name: Miguel Nunez
Title: Principal
(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

Fehr & Peers is a transportation planning and engineering firm with 24 offices and over 400 staff nationwide. Since 1985, we have partnered with public and private clients to design safer, more effective ways for people and goods to move-creating spaces where everyone can thrive, today and for generations to come.

Bringing together data, technology, and the lived experiences of the communities we serve, we help clients make confident, well-informed decisions. Along the way, we’ve earned national recognition for raising the bar on how transportation projects are planned, designed, and delivered. Many of our first clients still trust us with their transportation needs after decades of collaboration-a testament to the strong partnerships we build and the innovative mindset we bring to every project.

We don’t just follow trends-we help clients anticipate what’s next. With a blend of multimodal expertise, national perspective, and local insight fueled by our strong and longstanding relationships, we tailor solutions across a wide range of services to meet each community’s unique needs.
 Active Transportation
 Advanced Air Mobility
 Climate Resilience & Evacuation
 Community Engagement & Equity
 Complete Streets
 Curbside Management
 Data Science
 Emerging Technologies
 Engineering & Design
 Freight & Goods Movement
 Grant Funding
 Land Use & Transportation
 Multimodal Operations Analysis
 Parking
 Public Lands & Recreation
 Safe Routes to School
 Safe System & Vision Zero
 Sports Venues & Special Events
 Transit Planning
 Transportation Demand Management
 Transportation Economics
 Travel Behavior Forecasting
 Visual Storytelling
 VMT Impacts

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: September 15, 2026
Title: Request to Cancel the Regular City Council Meeting of October 6, 2026 Presented by: Chris Marcarello, City Manager
Recommendation: That the City Council consider cancelling the regular scheduled City Council Meeting of October 6, 2026.

DISCUSSION:

The City Council has legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. On the evening of October 6, 2026, the Police Department will be hosting its National Night Out event with the community. As such, it is recommended that the City Council consider cancelling its regularly scheduled meeting on October 6, 2026, and direct the City Clerk’s Office to post the required notice of cancellation.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: September 15, 2026
Title: Covina Public Library HVAC Repairs Project – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Air-Bree Heating & A/C, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Covina Public Library HVAC Repair Project.

EXECUTIVE SUMMARY/BACKGROUND:

On May 5, 2026, the City Council approved a contract with Air-Bree Heating & A/C, Inc. in the amount of $33,885 with a project scope that included refrigerant leak checks, coil replacements/maintenance, filter replacements, rewiring and other ancillary repairs.

Over the past several years, the units have required numerous repairs and replacements to miscellaneous components. Addressing these maintenance needs in a timely manner is critical as the Covina Public Library is a cooling center for the City’s residents. The consistent and extended warm weather this past year required continuous use of all three units and, as a result, significantly increased the rate of normal wear and tear. All three units underwent repairs to maintain function and continue normal operations while ensuring that the facility can continue to be utilized as a cooling center and remain a comfortable environment for visitors as well as City staff.

DISCUSSION:

Air-Bree Heating & A/C, Inc. satisfactorily completed the scope of work including refrigerant leak checks, coil replacements/maintenance, filter replacements, rewiring and other ancillary repairs. As such, City staff recommends the filing of a Notice of Completion for the Covina Public Library HVAC Repairs (Attachment A).

FISCAL IMPACT:

Funding for this project was available in the Public Works Department Operational Budget, Building Maintenance Budget (Account No. 70206100-52490), approved as part of the Fiscal Year 2025-2026 Citywide Budget at City Council on May 6, 2025.

The project summary is as follows:

Item Amount
Contract – Air-Bree Heating & A/C, Inc $33,885.00
Final Fiscal Impact $33,885.00
Project Balance $0.00
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,

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

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

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

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

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

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

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

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

NAMES ADDRESSES

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

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: July 6, 2026 . The work done was:

Covina Public Library HVAC Repair Project

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

Air-Bree Heating & A/C, Inc. May 5, 2026
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

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

Covina Public Library HVAC Repair Project

10. The street address of said property is 234 N 2nd Avenue Covina, CA 91723 (If no street address has been officially signed, insert “None”.) Dated September 15, 2026
Fabian Velez, Chief Deputy City Clerk, City of Covina

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

Executed on September 15, , 2026 at Covina , California .

Rafael M. Fajardo, City of Covina

ATTACHMENT A

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: September 15, 2026
Title: Purchase Order Authorization – Purchase of New Trash Receptacles for City Parks – FY 2026-27
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $34,989.83 with Highland Products Group LLC dba The Park Catalog for the purchase of Trash Receptacles for City Parks.

EXECUTIVE SUMMARY:

In the continued effort to enhance public park spaces, the Department of Public Works is striving to standardize trash receptacles across all City parks. During the FY 2024-25 Budget Process, monies from the City’s Environmental Services Fund were approved in the amount of $35,000 per annum over the next three (3) fiscal years to accomplish this task. For Fiscal Year 2026-27, City staff is proposing to order 30 new trash receptacles to replace/supplement units currently situated within Sunkist Park, Wingate Park, Heritage Plaza Park and Jalapa Park. Upon completion of this purchase, all trash receptacles located within City parks will be standardized.

DISCUSSION:

Informal quotes were obtained for the purchase of trash receptacles for City Parks which conveyed the following results:

Rank Company Name Location Amount
1 Highland Products Group/The Park Catalog West Palm Beach, FL $34,989.83 2 Park Warehouse Delray Beach, FL $37,407.13
3 National Outdoor Furniture Boynton Beach, FL $37,802.06 Upon review of all submitted quotes, City staff recommends that a purchase order be awarded to Highland Products Group LLC dba The Park Catalog in the amount of $34,989.83 for the purchase of 30 new trash receptacles; Attachment A provides a detailed breakdown of the quotation.

FISCAL IMPACT:

Funding for the purchase of new trash receptacles for City Parks was included in Public Works’ FY 2026- 27 Operating Budget in the Environmental Fund as follows:

Fund Amount Account
Environmental $35,000 6200-5580-54990
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

Highland Products Group/The Park Catalog
931 Village Blvd Ste 905-354
West Palm Beach, FL 33409
Phone : 561-620-7878
Email : [email protected]
Quote#132953
Sales Rep: Cristy Clinard
Email: [email protected]
Phone: 800-695-3503 Ext 60309
Quote Date Quote Expiration Date
Aug 20, 2026 Sep 18, 2026 ( 29 days )
Bill to: Ship to:

Frank Cisneros
City of Covina
125 E College St
Covina, California, 91723
United States
T: 626-384-5488
C: 626-786-8256
Frank Cisneros
City of Covina
534 N Barranca Ave
Covina, California, 91723
United States
T: 626-384-5488
C: 626-786-8256
Product Name Item # QTY Price Your Price Unit Discount Subtotal Executive Series Flare Top Trash
Receptacle with Door and Bonnet Lid -
Black
593-9121 30 $998.00 $798.00 $200.00 $23,940.00
Quote Notes:
* TRUCKLOAD *
Total Discount -$6,000.00
Subtotal $23,940.00
Shipping & Handling $7,725.00
Tax $3,324.83
Grand Total $34,989.83
This quote comes with our BEST PRICE GUARANTEE! If we are not your lowest delivered quote for equivalent product, we will BEAT it! (Exclusions may apply)
Any questions contact us at 800-695-3503 or
[email protected]

PAY NOW

WITH A CREDIT CARD
Quote Expiration Date: Sep 18, 2026

IF YOUR QUOTE HAS EXPIRED, PLEASE CONTACT

YOUR SALES REP BEFORE SUBMITTING PAYMENT

TERMS & CONDITIONS
SHIPPING:

Deliveries are made during normal business hours, 8am - 5pm Monday - Friday. Unless otherwise noted, shipping charges include standard delivery only. Standard delivery charges are for Tailgate delivery to any commercial location on a commercial truck route; the truck driver will not offload the delivery. It is Customers responsibility to provide adequate personnel and/or equipment to unload the shipment from the truck when it arrives. The truck driver is under no obligation to help you unload. If you require anything other than standard delivery, we have the following additional services available for purchase at time of order placement:

Additional Delivery Services
• Residential Delivery: If the ship to address is not a commercial location, on a commercial truck route or is in a residential area, you must order "Residential Delivery Service" at an additional charge. • Limited Access Delivery: This is common LTL delivery for small businesses, restaurants, schools, churches, concert venues, theaters, or other locations that do not have a loading dock. • Liftgate Service: This service includes the driver utilizing a lift gate on the rear of the truck. The driver is responsible for lowering your shipment to the ground only. Once delivery is at ground level it is your responsibility to move the shipment from the delivery point to its destination • Notify Before Delivery: Notify before delivery indicates that the receiver needs to be called before arrival. The carrier will call 24-48 hours prior to make a delivery appointment. If the receiver cannot be reached, these shipments can result in significant delays or additional redelivery fees. • Inside Delivery: If this service is required, please reach out to one of our Sales Representative as we cannot be responsible for online quotes with this service. This service requires specifics that must be communicated to the carrier prior to getting a shipping quote.
• Redelivery Fee: This charge will occur when a delivery is unsuccessful on the first try and the carrier must try to deliver the shipment a second time. Redeliveries occur within the carrier’s available timeframe. • Construction Site Delivery: This charge is for any destination that is under construction and requires an LTL truck to navigate a construction site.

Shipping Service Discrepancies - If there is a discrepancy in the services requested and the minimum services required to deliver the product, the Customer agrees to pay and The Park Catalog reserves the right to charge the customer for any necessary additional services provided at the time of delivery.

Shipment Inspection Required - It is the customer’s responsibility to inspect all deliveries for possible damage, correct quantities and to note any discrepancies on the freight bill PRIOR to signing the delivery receipt provided by the driver. All damage claims MUST be recorded on the delivery receipt and reported within 48 hours of delivery. The Park Catalog does NOT GUARANTEE replacements parts or products FREE of charge due to concealed or unreported damages.

Assembly May Be Required:

Most of our product’s ship Knocked down and on commercial pallets to minimize freight damages and reduce freight cost.

CANCELLATIONS:

No order can be cancelled unless first authorized and confirmed in writing by The Park Catalog Team. Made-to-Order items already in production may not be cancelled. If a cancellation is authorized, charges may apply based on the stage the order is in.

RETURNS:

We will accept returns of unopened/unused products, up to 30 days from the shipping date, subject to ALL the following terms and conditions:
• Approval: Written approval and instructions must be issued by our Customer Service Department before any merchandise can be returned. • Shipping Returns: All merchandise must be returned in its original packaging, freight Prepaid. No Collect shipments are accepted. • Re-Stocking & Shipping Fees: The customer is responsible for a minimum 25% re-stocking fee and all related shipping charges on product returned for reasons other than damage or defect. Original shipping charges will not be refunded.
• Online Orders: For online orders, The Park Catalog is not responsible if the customer orders incorrect product or colors. All return and restock fees apply. • Personalized - These items are NOT eligible for return unless a defect in manufacturing is presented to us with pictures prior to return. • Refunds: refunds will be issued on returned merchandise AFTER shipment is received and inspected at our warehouse and the goods are deemed to be resaleable and free of damages.

Payment options:

Credit Card: To maintain a safe environment for credit card transactions, we utilize a credit card processing company that partners with companies who transmit or process card information in a secure environment which complies with the Payment Card Industry Data Security Standard (PCI DSS). In compliance with the payment card industry data security standards, The Park Catalog cannot accept credit card payment information via Email/Fax/US Mail/Telephone/Voice Mail. A secure payment link will be sent via email to allow your transaction to be completed.

Check: Payable to Highland Products Group or The Park Catalog, 931 Village Blvd Ste 905-354, West Palm Beach, FL 33409 ACH: You will find ACH/Wire information on the pages following your proposal Purchase Order: We accept purchase orders from Government/Municipal entities, Public Schools, non-private Colleges, and Universities to name a few. All other customer types must speak with a sales representative for qualifications to utilize a purchase order.

Force Majeure:

No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.

To accept this proposal:

Sign Here: _______________________________________________ Date: ____________________________

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: September 15, 2026
Title: Rancho La Merced Reservoir Pump Replacement Project – Award of Minor Maintenance Agreement to DXP Enterprises, Inc. in the Amount of $43,160.99 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve award of Minor Construction & Maintenance Agreement to DXP Enterprise, Inc. for the Rancho La Merced Pump Reconstruction Project in the amount of $43,160.99 and authorize the City Manager to execute the contract;

2. Approve Resolution CC 2026-104, appropriating funds for the project; and

3. Authorize a contingency project of $5,000 to cover the cost of unforeseen construction expenses.

EXECUTIVE SUMMARY:

The Public Works Department, Water Division owns and operates eight (8) water facilities that serve the City of Covina and surrounding areas. Continuous maintenance of each site is imperative to providing routine and emergency water services. In effort to maintain the structural integrity of the reservoirs, pump stations, and ancillary structures, the Water Division regularly evaluates each site to identify areas in need of maintenance and improvements. At the Rancho La Merced Reservoir, during routine maintenance, City staff identified a possible fault with the booster’s structural integrity. As a result, the booster was pulled from service for immediate inspection. The resulting report identified defects in the pump, thus requiring the replacement. As such, the Department of Public Works recommends award of a Minor Maintenance Agreement to DXP Enterprises, Inc. in the amount of $43,160.99 for pump replacement at the Rancho La Merced Reservoir.

BACKGROUIND/DISCUSSION:

Water boosters undergo regular service and inspection at all City water facilities. During routine service checks, Rancho La Merced’s Booster Pump No. 2 was found to be emitting abnormal sounds that caused concern with City staff. Staff immediately contacted DXP Enterprises, Inc. (DXP), a company specializing in water facility equipment maintenance, to conduct an emergency inspection. After an initial field assessment DXP determined that an in-depth evaluation was required and subsequently removed the pump and motor, rendering Booster Pump No. 2 inoperable.

At their facility, DXP performed an extensive assessment of the equipment’s condition and found no faults with the motor but identified many of the pump’s components to be beyond acceptable limits.

DXP further determined the pump components to be unserviceable and therefore recommended complete replacement as outlined in Attachment A. A full pump replacement allows for savings in the Public Works operational budget as the alternative route, a pump repair, would require extensive equipment dissection, material sourcing, and intricate rebuilding, resulting in an estimated doubled total cost.

Removal of the pump and motor left Rancho La Merced Reservoir with only one booster pump, and therefore without fail-safe of a backup 2nd booster. The two boosters run on an alternating schedule to not overwork one or the other and foster full functionality of each. Currently, Rancho La Merced can only move water using Booster No. 1, leaving the reservoir without redundancy and putting Booster No.

2 under a prolonged, greater stress to which it is not accustomed. As such, it is urgent that the pump be replaced and Booster Pump No. 2 be rebuilt and reinstalled at Rancho La Merced as soon as possible.

In accordance with the purchasing policy, procurement by non-competitive proposals was conducted due to the urgent need for the pump replacement (CMC 2.20.08), especially in consideration of the prolong wait times of parts and material sourcing required for this specialized work. Furthermore, Covina Municipal Code (CMC) Section 2.20.080 (Bidding - Required - Exceptions), Subsection B, allows procurement by noncompetitive proposals when the services being procured are professional or specialized (as identified within CMC Section 2.20.175). CMC Section 2.20.175 (Purchase - Professional and specialized services) states that these specialized purchases shall be made based on demonstrated competence and expertise of the service provider and professional qualifications needed to carry out the service.

The Department of Public Works recommends award of a Minor Maintenance Agreement to DXP Enterprise, Inc. in the amount of $43,160.99 (Attachment B) for the Rancho La Merced Pump Replacement with a project contingency of $5,000 for unforeseen expenses.

FISCAL IMPACT:

Resolution CC 2026-104 (Attachment C) will appropriate $48,160.99, including project contingency, from the Water Utility Fund (Account No. 60105060-52427).

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,

Anaheim Service Center
1340 N Jefferson St
Anaheim, CA 92807
Revised 8/19/29 Page 1 of 3
Date: 8/19/2026
Customer: City of Covina
Sales Representative: Mark Fox
Reference RO# 3853
We are pleased to present the following scope of supply and repair pricing for the above-mentioned equipment.

Lock out tag out, pull split case pump and motor, bring back to shop for DCI.

Disassemble pump, clean all parts, complete inspection of pump and motor, generate report and quote.

Parts needed to repair motor: New Bearings, New grounding ring, Per our findings we recommend a new Split case Aurora pump LH rotation.

Install New Pump and Motor, make up Piping ( Tolerance .002) If pipe stress is found there could be additional charges. Laser Align.

Please see report of finding of pump and motor.

We thank you for allowing us to be of service and as always, should you have any questions or require additional information, please do not hesitate to contact myself or any of the contacts referenced below.

Best Regards,
Mark Fox
Regional Service Manager
DXP Enterprises, Inc.
1340 N Jefferson St
Anaheim, CA 92807
714-353-0988
CC:

Shane Quinn—Service Center Manager — [email protected] Jasmyn Comparan – Customer Service Rep – [email protected] MANUFACTURER: Aurora Split Case
MODEL: 411-BF
SIZE:

SERIAL NUMBER: 73-2902-2
EQUIPMENT TAG:

ATTACHMENT A

Anaheim Service Center
1340 N Jefferson St
Anaheim, CA 92807
Revised 8/19/29 Page 2 of 3
INNOVATIVE PUMPING SOLUTIONS • SUPPLY CHAIN SERVICES • SERVICE CENTERS Disassembly, Clean, Inspection and report (DCI)

Equipment Repair:

Labor $ 6,800.00
Field Labor $ 5,600.00
Parts $ 27,088.00
Freight $ 750.00
Taxes $ 2,922.99
Total Price $ 43,160.99
Delivery: 14-16 Weeks once we receive PO#
Terms: EXW Anaheim DXP Enterprises
PR:

Quote Validity: 30 days, at which time DCI charges will be invoiced.

The DCI price is exclusive to the DCI and will be charged if the equipment repair is declined at the submission of the quote and scope, the DCI price will be invoiced and billed if there is no communication about this scope and quote after 30 days. Pricing subject to change at time of shipment due to government-imposed tariffs

Anaheim Service Center
1340 N Jefferson St
Anaheim, CA 92807
Revised 8/19/29 Page 3 of 3

TERMS & CONDITIONS
I. CONDITIONS
(a) No terms and conditions contained in any order placed with DXP Enterprises, Inc. other than those stated herein shall be binding on DXP Enterprises, Inc. unless hereafter agreed in writing. (b) All orders are subject to acceptance by an officer of DXP Enterprises, Inc.

II. PRICES
All prices quoted herein will be subject to the prices in effect at time of shipment. All prices are subject to change without notice. DXP is not responsible for typographical errors.

III. TERMS OF PAYMENT
(a) Net 30 days unless otherwise stated in writing.
(b) All orders subject to approval of credit. All orders paid in cash should be payable in U.S Dollars. (c) The finance charge on Past Due Balances is computed by a periodic rate of 1½% per month (Annual percentage rate of 18%).
(d) All quotes are for immediate acceptance and expire after 30 days unless otherwise stated in writing.

IV. STANDARD WARRANTY
(a) DXP will convey to the Purchaser the manufacturer’s warranty that applies to the purchased goods. (b) This warranty does not obligate DXP to bear the cost of labor or transportation charges in connection with the replacement or repair of defective parts without approval by an officer of DXP prior to the time repairs are made. The obligation under this warranty may be limited to the repair or replacement of parts F.O.B. its factory provided that upon inspection at such point they shall be determined by DXP to have been defective in material or workmanship. (c) If DXP agrees that circumstances require the replacement or repair of defective parts on the jobsite, after a DXP representative has determined that a warranty situation does exist, and that no revisions or alterations have been made to the equipment by others, a DXP representative will implement the required repairs on an eight-hour straight time basis only.
(d) Statistical information contained in this catalog is derived from tables compiled by the manufacturers and is reprinted by us for your convenience. We do not assume responsibility for the precise accuracy of such information. (e) Acceptance of the material from a common carrier constitutes a waiver of any claim against DXP for delay or damages in transit.
(f) Seller makes no warranty of any kind whatsoever, expressed or implied, unless expressly set forth in writing. No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation, or warranty concerning the goods that we sell beyond that specifically included in writing. (g) DXP shall not be responsible for exemplary or consequential damages.

V. SHIPMENT
(a) Shipment quoted is effective as of proposal date and will be confirmed upon receipt of order, subject to availability of materials and production space. DXP shall not be held responsible for delays due to causes beyond DXP’s control such as strikes, riots, carrier delays, etc.
(b) All freight charges are billed to purchaser. All merchandise becomes the property of the Purchaser upon delivery to the carrier.
(c) Delivery terms are F.O.B. shipping point, unless otherwise noted. Unless specific shipping instructions are given, we will use our judgment to determine the most satisfactory routing. (d) In the event a package becomes lost or damaged in shipment, please make appropriate notations on your delivery receipt before signing. If the carrier is a truckline, obtain an inspection report immediately. Contact DXP for additional information.

VI. TAXES
The Purchaser shall pay to DXP, in addition to the purchase price, the amount of all Sales, Use, Privilege, Occupation, Excise, or other taxes, Federal, State, local or foreign which DXP is required to pay in connection with furnishing goods or services to the Purchaser.

VII. INSTALLATION
Equipment shall be transported, installed and connected at Purchaser’s risk and expense. DXP will furnish a service representative to assist in initial installation and start-up. This service will be invoiced separately at our current published rates plus living and travel expenses.

CITY OF COVINA AGREEMENT FOR

MINOR MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated September 15, 2026 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and DXP Enterprises, 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 maintenance services for the Rancho La Merced Pump Reconstruction Project.

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 March 31, 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 Forty-Three Thousand One Hundred Sixty Dollars and NinetyNine Cents ($43,160.99) 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,

ATTACHMENT B
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 Mark Fox, Service Manager (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.

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. 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.

J. 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.

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

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

M. 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.

N. 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.

O. 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 Two Million Dollars ($2,000,000) 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 Two Million Dollars ($2,000,000) 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: Water Division Attn: Mark Fox
City of Covina DXP Enterprises, Inc.
125 E. College Street 1340 N Jefferson Street
Covina, California 91723 Anaheim, CA 92867

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 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. 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 one 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:

DXP Enterprises, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

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

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

ATTACHMENT C
RESOLUTION CC 2026-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2026/2027 OPERATING BUDGET AND APPROPRIATE $48,160.99 FROM AVAILABLE WATER
UTILITY FUND – FUND BALANCE FOR USE TOWARDS THE RANCHO

LA MERCED PUMP REPLACEMENT PROJECT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2026-2027 Operating Budget & Capital Improvement Plan (CIP) was approved on May 5, 2026; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, the City of Covina wishes to amend the 2026/2027 Capital Improvement Program and appropriate $48,160.99 from available Water Utility Fund – Fund Balance for use towards the Rancho La Merced Pump Replacement Project.

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

SECTION 1. Amend the Fiscal Year 2026/2027 Operating Budget and appropriate $48,160.99 from available Water Utility – Fund Balance for use towards the Rancho La Merced Pump Replacement Project.

Account
No.

Account Description Amount ($) Increase/Decrea
se
60105060-
52427
Sewer-Sanitary Sewer
Maintenance
$48,160.99 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of September, 2026.

City of Covina, California
BY:

HECTOR DELGADO, Mayor

Resolution CC 2026-104 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2026-104 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of September, 2026, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: September 15, 2026
Title: Extension to Maintenance Agreement between the City of Covina and Aclara Technologies LLC for Automated Water Reading Software
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to Execute an Extension to the Maintenance Agreement between the City of Covina and Aclara Technologies LLC for five, oneyear terms in the amount of $35,053 for 2026-2027, increasing 5% per annum.

EXECUTIVE SUMMARY:

On December 17, 2019, City Council approved award of a five-year Software License and Maintenance Agreement between the City of Covina and Aclara Technologies, LLC for Automated Water Meter Reading (AMR). At the August 20, 2024, City Council meeting, Amendment No. 1 to the Software License and Maintenance Agreements was approved to reflect the transition to new software, the procurement of new Meter Transmitter Unit (MTU) Programmers, and the resulting updated maintenance provisions. Amendment No. 1 also extended the agreement to October 30, 2025. On September 16, 2025, the agreement was renewed with a new expiration date of September 30, 2026.

At this juncture, the Department of Public Works recommends extension of this Agreement for five additional one-year terms.

The original Software License Agreement remains in effect so long as the Licensee (the City) continues to own and operate the Aclara System. As proposed, the City Council will consider authorizing a Maintenance Agreement for the provision of meter reading and transmission services to support the City’s water system and customers. The proposed renewal outlines five one-year term payments, with a first-year fiscal impact of $35,053, increasing 5% annually thereafter.

BACKGROUND/DISCUSSION:

Prior to partnering directly with Aclara, the City utilized Global Water Management, LLC (Fathom) as its primary vendor for GIS, Automated Water Meter Reading, customer service, and billing functions.

During their contract duration, Fathom utilized Aclara technology for AMR and the STAR Programmer for the Meter Transmitter Units (MTU). Since Aclara equipment had already been installed and used throughout the City’s water system for years, the shift to Aclara Technologies LLC was considered a sole source purchase. As part of Amendment No. 1 to the Agreement, Aclara updated their existing software to AclaraONE, Aclara’s UHE Hosted Software Program for AMR which the City has been utilizing since 2020.

As the City continues to use Aclara for AMR functions and, due to the sole source considerations under which the agreement was first established, it is recommended to extend the current Maintenance Agreement for the Software so as not to interrupt essential functions. Aclara’s Renewal Letter (Attachment A) will extend the Maintenance Agreement for five additional one-year terms, the last of which expires September 30, 2031. The annual fee totals $35,053 in the first-year term (2026-2027) and will increase 5% thereafter with the fifth and final year of the agreement totaling $42,603, as outlined in the fiscal impact below. All other terms of the original agreement remain in place for the duration of the agreement.

FISCAL IMPACT:

Sufficient funding is budgeted and available in the FY 2026-2027 Public Works Operational Budget Water Fund for first year’s Annual Fees of $35,053 (Account No. 60105000-53100) and will be budgeted accordingly each fiscal year thereafter according to the schedule below:

Term Annual Fee
October 1, 2026 – September 30, 2027 $35,035
October 1, 2027 – September 30, 2028 $36,811
October 1, 2028 – September 30, 2029 $38,647
October 1, 2029 – September 30, 2030 $40,577
October 1, 2030 – September 30, 2031 $42,603
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Section 15301(b) Existing Facilities (Class 1). The project involves negligible or no expansion of an existing use.

Respectfully submitted,

77 Westport Plaza
Suite 500
St. Louis, MO 63146
www.Aclara.com
September 4, 2026
Michael Melinte
[email protected]
City of Covina
534 N Barranca Ave
Covina, CA 91723
Subject: Estimated Covina CA October 2026-2030 Renewal of Aclara Maintenance Agreement Your Aclara Agreement for ongoing services will renew October 1, 2026 for an additional twelve months through September 30, 2030 (“Renewal Period”). Per the agreement, the adjusted Annual Fee is as follows:

Current Endpoints 8854
10/1/2026 thru 9/30/2027
Aclara One Hosted Annual 5% included $29,790
10-Aclara Wireless Network Annual 5% included $3,675
Mobile Programmer Annual 5% included $1,588
Total $35,053
10/1/2027 thru 9/30/2028
Aclara One Hosted Annual 5% included $31,280
Aclara Wireless Network Annual 5% included $3,864
Mobile Programmer Annual 5% included $1,667
Total $36,811
10/1/2028 thru 9/30/2029
Aclara One Hosted Annual 5% included $32,844
Aclara Wireless Network Annual 5% included $4,053
Mobile Programmer Annual 5% included $1,750
Total $38,647
10/1/2029 thru 9/30/2030
Aclara One Hosted Annual 5% included $34,486
Aclara Wireless Network Annual 5% included $4,253
Mobile Programmer Annual 5% included $1,838
Total $40,577
10/1/2030 thru 9/30/2031
Aclara One Hosted Annual 5% included $36,210
Aclara Wireless Network Annual 5% included $4,463
Mobile Programmer Annual 5% included $1,930
Total $42,603
This is not an invoice!
If a PO# is required for you invoice please send it to [email protected] by your renewal date. All PO’s must be addressed to: Aclara Technologies LLC c/o Hubbell Incorporated, 40 Waterview Drive, Shelton, CT 06484.

Aclara continues to offer Supplemental Services for your system that are identified on Schedule C, Supplemental Services Offered. Tier pricing for your system is as follows:

ATTACHMENT A
2 Star DCU Maintenance $5,500
(Sign) _______________________Date__________
If you wish to sign up for either Supplemental Service please check the appropriate box, sign, date and return to me within the next 10 days.

Except as noted above, the Aclara Maintenance Agreement and all of the terms, conditions and provisions thereof shall remain in full force and effect.

If you have any questions, please contact: Val Schaefer [email protected] or 314-590-8588.

Best Regards,
Terry Baker
Sales Operations Specialist

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: September 15, 2026
Title: Trash Enclosure Project – Sunkist Park – Project No. P2707 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $94,300 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Trash Enclosure Project – Sunkist Park – Project No. P2707;

2. Award a contract for the Trash Enclosure Project – Sunkist Park – Project No.

P2707 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $94,300 and authorize the City Manager to execute the contract;

3. Authorize a project contingency amount of $9,430 to cover the cost of unforeseen construction expenses; and

4. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-to-exceed $47,700 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, “Trash Enclosure Project – City Wide”, which consists of the installation of a new trash enclosure on the southerly portion of Sunkist Park.

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

The Department of Public Works requested informal proposals from five (5) companies approved for On-Call Services for Maintenance and Repair of City Facilities. City staff subsequently received the following three (3) proposals:

Rank Bidder Location Total Base Bid
Amount
1 Siterep Construction Services, Inc. San Dimas, CA $94,300 2 FS Contractors, Inc. Sylmar, CA $95,775
3 GM Sager Construction Co, Inc. Pomona, CA $184,050
Staff reviewed all bid documents for completeness and concluded that Siterep Construction Services, Inc. is the lowest responsive and responsible bidder to perform the construction of this project. Siterep Construction Services, Inc. has satisfactorily completed projects for the City of Covina including the Trash Enclosure Project – Hollenbeck Park, Hollenbeck Park Pickleball Court Construction Project and

the Frontage Median Bioswale Installation Project – From Greenpark Avenue to Garsden Avenue along Covina Boulevard.

FISCAL IMPACT:

A funding amount of $200,000 has been allocated in the City’s approved Fiscal Year 2026-2027 Capital Improvement Program Budget for the Trash Enclosure Project – Sunkist Park – Project No. P2707 from Environmental Funds as shown below:

Table 1. Source of Project Funds
Funding Amount Account
Environmental $200,000 6200-5580-55200-P2707
Total $200,000
Following is a summary of proposed project expenses related to the Trash Enclosure Project – Sunkist Park – Project No. P2707:

Table 2. Summary of Project Expenses
Description Amount
Base Bid (Siterep Construction Services, Inc.) $94,300
Contingency Allowance $9,430
Total Contract Amount $103,730
Design Engineering Services (CEJ Engineers, Inc.) $14,000 Construction Management & Inspection Services (CEJ Engineers, Inc.) $47,700 Total Fiscal Impact $165,430
At the conclusion of the project, any unspent project funds will be returned to the Environmental Fund Balance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

ATTACHMENT A Page 97 of 635

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated September 15, 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 Trash Enclosure Project – Sunkist Park – Project No. P2707.

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 Ninety Four Thousand and Three Hundred Dollars ($94,300) 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 B Page 101 of 635

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 147 S. Eucla Avenue
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., 147 S. Eucla Avenue, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Trash Enclosure Project – Sunkist Park – Project No. P2707 (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., 147 S. Eucla Avenue, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Trash Enclosure Project – Sunkist Park – Project No. P2707 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 15, 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 Trash Enclosure Project – Sunkist Park – Project No. P2707.

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 Forty Seven Thousand and Seven Hundred Dollars ($47,700) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such

additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

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

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

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

disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

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

10. Indemnification.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the

Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

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

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

E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without

charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

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

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789

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

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,

age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

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

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

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

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

CEJ Engineers, Inc
a California corporation
By:

Name: Joaquin Cervantes
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE/SCOPE OF SERVICES

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 August 14, 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 SUNKIST PARK TRASH ENCLOSURE PROJECT P2607
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
 Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Inspections and Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at [email protected].

Respectfully Submitted,
Joaquin Cervantes, P.E.

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

INSPECTION SERVICES FOR SUNKIST TRASH ENCLOSURE PROJECT P2607 CM AND INSPECTION Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the paving project as indicated on Contract documents to commence on or about September 2026. Scope of project: new trash enclosure and new striping. The major tasks include the following:

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

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

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

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

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

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

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

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

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

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

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

INSPECTION SERVICES FOR SUNKIST TRASH ENCLOSURE PROJECT P2607 CM AND INSPECTION Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $47,700.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Sunkist Trash Enclosure Project
JOB NO: SUMMARY PROPOSAL FEE
DATE: 08/14/26
LABOR Task 1 CONSTRUCTION INSPECTION SERVICES
Class Position/Name Subtotal
B Construction Management and Inspection $47,700
Time Estimation based on a 45-DAY (Calendar) Project Schedule

PROPOSED FEE
PROPOSED FEE: $47,700
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