West Covina City Council
March 17, 2026

ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _____________________ of _____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________________[city, state].

Firm _______________________________________
______________________________________
(Signature)
______________________________________
(Print Name & Title)
Street _______________________________________
City_______________________ State_____ Zip ___________

Principal Integrated Solutions Consulting, Corp.

September 17
Edwardsville, IL
Integrated Solutions Consulting, Corp.

Daniel Martin, PhD, CEM, Principal
220 S. Buchanan Street
Edwardsville IL 62025
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

SUBCONTRACTOR CAMPAIGN CONTRIBUTION

ACKNOWLEDGMENT FORM
Proposer [or Consultant] is required to identify any known subcontractor who will provide goods or services with an anticipated or actual value of $15,000 or more in connection with any contract which may be awarded pursuant to this Request for Proposal if the proposed contract with the Proposer [or Consultant] has an anticipated or actual value of $30,000 or more.

By my signature below, I certify that as a subcontractor I reviewed and am in compliance with West Covina Municipal Code section 2-405.1(c), in reference to campaign contributions to any individual holding City elective office, and that I will comply with Section 2-405.1(c) at all times while providing services as a subcontractor.

CONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: __________________________________

Date: _________________________________
SUBCONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: _________________________________

Date: _________________________________
N/A, ISC not using subcontractors
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
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City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION

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City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

ATTACHMENT D

FEE SCHEDULE
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

FEE SCHEDULE
See Pages 27-28, Section 4. Fee Schedule for our Price Proposal.

City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

ATTACHMENT F

CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT H, SECTION 5, INSURANCE)
City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

CERTIFICATE OF INSURANCE

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:

JECT LOC

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Hartford Casualty Insurance Company
Pacific Insurance Company, Limited
Houston Casualty Company
Hartford Fire Insurance Company
Indian Harbor Insurance Company
6/25/2025
USI Insurance Services, LLC
2021 Spring Drive, Suite 100
Oak Brook, IL 60523
312 442-7200
Central Select Group - USI
855-874-1059
[email protected]
Integrated Solutions Consulting Corp
P.O. Box 304
Prospect Heights, IL 60070
29424
10046
42374
19682
36940
A X
X
83SBAAA5980 01/15/2025 01/15/2026 1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
A
X X
83SBAAA5980 01/15/2025 01/15/2026 1,000,000
A X X
X 10000
83SBAAA5980 01/15/2025 01/15/2026 5,000,000
5,000,000
B
N
83WECID6730 01/15/2025 01/15/2026 X
1,000,000
1,000,000
1,000,000
C
D
E
Cyber Liability
Crime
Errors & Omission
H24PVS5158304
33BDDII8515
MPP903309709
04/09/2025
06/09/2025
01/15/2025
01/15/2026
01/15/2026
01/15/2026
$1,000,000
$1,000,000
$1,000,000
For Insurance Purposes Only

1 of 1
#S49767853/M49452131
Client#: 1246324 INTEGSOL5
DBCZP

City of West Covina Request for Proposals
Local Hazard Mitigation Plan Preparation Services

ATTACHMENT G
W-9
FormW-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the
requester. Do not
send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
Integrated Solutions Consulting, Corporation
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):

Individual/sole proprietor C corporation ✔ S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .

Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . .

Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions.

P.O. Box 304
6 City, state, and ZIP code
Prospect Heights, IL 60070
7 List account number(s) here (optional)
Requester’s name and address (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here
Signature of
U.S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Print or type.

See Specific Instructions on page 3.

Employer identification number
2 0 – 5 2 6 5 7 0 4

ATTACHMENT NO. 5
RESOLUTION NO. 2026-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (LOCAL

HAZARD MITIGATION GRANT)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 17, 2025, the City Council adopted a budget for Fiscal Year 2025-26; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2026-19, attached hereto as Exhibit A, for Fiscal Year 2025-26.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of March, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-27 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of March, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-19
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 138 – CAL OES GRANT
Revenue 0 50,000 50,000
Expenditures 0 50,000 50,000
Net Change in Fund Balance 0 0 0
Fund 139 – FEMA GRANT
Revenue 0 159,950 159,950
Expenditures 0 159,950 159,950
Net Change in Fund Balance 0 0 0
REVENUE TOTAL INCREASE 209,950 0
EXPENDITURE TOTAL INCREASE 209,950 0
1 Michael Baker International, Inc.

LHMP Preparation Services

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF WEST COVINA
AND
MICHAEL BAKER INTERNATIONAL, INC.

FOR

LOCAL HAZARD MITIGATION PLAN PREPARATION SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into as of March 18, 2026 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to provide Local Hazard Mitigation Plan (LHMP) preparation services, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise necessary and holds all necessary licenses to practice and perform the services herein contemplated; and C. City and Consultant desire to contract for the specific services described in Exhibits “A” and “B” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Consultant responded to the City’s Request for Proposals (“RFP”) dated August 14, 2025, incorporated via this reference as if fully set forth herein, and Consultant’s response to the RFP (“Consultant’s Proposal”) was a material inducement to the City ultimately entering into this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein, and Consultant’s Proposal, attached hereto as Exhibit “B” and incorporated herein, including Optional Tasks #1-3.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its ATTACHMENT NO. 6
2 Michael Baker International, Inc.

LHMP Preparation Services
performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of applicable State and Federal 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. Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of Consultant to comply with this section.

1.3. Performance Requirements. Consultant agrees to perform all the work under this Agreement in accordance with sound professional practices and the standards of care, diligence, and skill ordinarily exercised by professional consultants in similar fields and circumstances.

Evaluations of the work may be conducted by the City Manager or his or her designee to ensure compliance with these standards. If the quality of work does not meet these professional standards, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
3 Michael Baker International, Inc.

LHMP Preparation Services

1.8. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Consultant a fixed fee in accordance with the fee schedule set forth in Exhibit B. Consultant’s total compensation shall not exceed One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in Consultant’s Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon Consultant’s standard hourly rates shall be paid to Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval upon the completion of each phase of the project. Each invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order or amendment, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Schedule of Performance. Consultant acknowledges and agrees that all tasks identified in Consultant’s Proposal shall be completed no later than April 1, 2027. Consultant shall complete all tasks in compliance with the project schedule approved by City as set forth in Exhibit “C,” attached hereto and incorporated herein (the “Project Schedule”). The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 4 Michael Baker International, Inc.

LHMP Preparation Services
performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and Consultant. Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue until Consultant completes all tasks identified in Consultant’s Proposal to the City’s satisfaction, unless previously terminated as provided herein.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Consultant, if the latter should:
(a) Be adjudged bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
5 Michael Baker International, Inc.

LHMP Preparation Services

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of Consultant, whichever occurs last.

Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Consultant certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability 6 Michael Baker International, Inc.

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of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Consultant shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Consultant to comply with this section.
(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

If Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Consultant pursuant to its contract with the City; products and completed operations of Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Consultant’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Noelle Anderson, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed 8 Michael Baker International, Inc.

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envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) one (1) business day after the Email is sent if such communication is sent by Email, provided that no delivery failure notification has been received; and (c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Michael Baker International
5 Hutton Centre Drive Suite 500
Santa Ana, CA 92707
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (949) 855-3683 Tel: (626) 939-8494
Email: [email protected]
Attn: Noelle Anderson

Email: [email protected]
Attn: Kelly McDonald

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Consultant, its employees, and/or authorized subcontractors under this 9 Michael Baker International, Inc.

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Agreement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Waiver of Consequential Damages. Neither party shall be liable to the other for any special, incidental, indirect, exemplary, or consequential loss, damage, expense, or cost (including, without limitation, loss of use, revenue, income, profit, financing, business, and/or reputation) arising out of or relating in any way to this Agreement or the services provided under this Agreement.

6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall 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 further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. 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 paragraph.

6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to 10 Michael Baker International, Inc.

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Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.14. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.

Consultant shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.15. Economic Interest Statement. Consultant hereby acknowledges that pursuant to California Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.16. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Consultant covenants that none of Consultant’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.17. Prohibited Employment. Consultant will not employ any regular employee of City 11 Michael Baker International, Inc.

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while this Agreement is in effect.

6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 12 Michael Baker International, Inc.

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6.26. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.28. Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONSULTANT
__________________________________ Date: __________________________ Richard Beck
Office Executive/Vice President
ATTEST:
__________________________________
Lisa Sherrick, CMC
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director
AGENDA ITEM NO. 4

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF THE ACTING CITY MANAGER'S PROPOSED

APPOINTMENT OF GREG MCKEOWN AS FIRE CHIEF
RECOMMENDATION:

It is recommended that the City Council approve the following proposed appointment:

1. Greg McKeown to the position of Fire Chief
BACKGROUND:

Section 2-151(g) of the West Covina Municipal Code provides that "it shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to the rules and regulations of any applicable civil service or other personnel system in effect. Notwithstanding the foregoing, the city manager shall not appoint or promote a person to serve as the director of a department, unless a majority of the city council first voted in favor of the city manager's proposed appointment or promotion." DISCUSSION:

The City of West Covina currently has a vacancy for the position of Fire Chief. This executive role is essential to the effective management and oversight of City operations. Recognizing the operational need to restore capacity at the executive level, the Acting City Manager conducted a recruitment with the assistance of Tripepi Smith & Associates and is proposing the following appointment:

1. Greg McKeown to the position of Fire Chief
LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Carmelita Underwood, Director of Human Resources/Risk Management Department
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

There is no fiscal impact associated with this report. Compensation for this executive-level positions is included in the adopted budget for the current fiscal year.

CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability A Well-Planned Community
Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
AGENDA ITEM NO. 5

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF AGREEMENT FOR BUS SHELTER MAINTENANCE SERVICES RECOMMENDATION:

It is recommended that the City Council take the following actions:

Find that the City's bidding requirements and procedures are inefficient and not in the best interest of the City for the procurement of bus shelter maintenance services in accordance with Section 2-335(10) of the West Covina Municipal Code;

1. Authorize the Acting City Manager to negotiate and execute an agreement with Valley Light Center for Social Advancement for bus shelter maintenance services, for an initial term of three (3) years, with two (2) optional one (1) year extensions, in an amount not-to-exceed $1,118,630.00, in a form approved by the City Attorney;

2. 3. Authorize the City Manager to negotiate and execute any amendments to the agreement; and

4. Authorize the City Manager to exercise the extension options.

BACKGROUND:

Valley Light Industries, which changed its name to Valley Light Center for Social Advancement (VLC) in 2023, is a non-profit organization that has been providing vocational rehabilitation services in the area to adults with developmental disabilities since 1970. The program initially trains clients in a workshop environment where basic vocational skills, work habits and characteristics of a good employee are taught. When a client is ready for community employment, they are referred to VLC's “Supported Employment Program,” which finds employers interested in incorporating this sector of the community into their workforce. The Supported Employment Program places either an individual worker or a group of workers in a job with ongoing support provided by a professional Job Coach. For group placements, Job Coaches supervise the workers 100% of the time for the duration of the contract. Most recently, 2 clients employed by VLC working on the West Covina Bus Shelter crew were West Covina residents.

VLC provided bus shelter cleaning and power washing services to the City from 2002 to 2025. In March 2016, staff issued a Request for Proposals (RFP) for power washing and/or steam cleaning, including general cleaning at and around City-owned bus shelters. The scope of work included weekly general power washing and/or steam cleaning services at the City-owned bus shelters.  At the June 21, 2016 City Council meeting, the City Council awarded a one (1) year agreement with three (3) one-year extension options to Valley Light Industries.

At the July 21, 2020 City Council meeting, the City Council approved dispensing with formal bidding procedures and requirements in connection with the procurement of bus shelter maintenance services and awarded a new agreement to VLC for the same service, with an initial term through June 30, 2023 and two (2) one-year optional extensions.  Cleanings are performed weekly, with some historically higher traffic locations receiving multiple cleanings in a week.

With the City's agreement with VLC due to expire on June 30, 2025, VLC submitted a proposal on May 23, 2025 with an interest in entering into a new agreement with the City.  The proposal included an increase in the per shelter charge from $14.03 to $18.23. Over the term of the past agreement, the minimum wage increased by $4.50 per hour. However, VLC did not request to increase its per-shelter charge during the term.

At the June 17, 2025 and July 15, 2025 Council meetings, the City Council considered a proposed agreement with VLC and provided direction to staff, including direction to extend the then-existing agreement on a month-to-month basis.

On August 7, 2025, at their request, staff held an in-person meeting with VLC representatives, including the CEO.  VLC suggested expanding service to include 44 Clear Channel shelters and trash pick-up at all shelters.  Staff requested a written proposal for the expanded service, including a cost.  Staff also advised of the timeline associated with the City's agenda process and bringing a matter to the City Council for consideration.

On August 22, 2025, VLC submitted a written cost proposal for the scope of services discussed on August 7, with a per-shelter cost of $25.00, as well as additional charges, to be determined, for optional power washing trash receptacle interiors and transfer station disposal fees.

On August 26, 2025, VLC provided notice via email that it would not continue service after September 5, 2025 under the existing agreement.  Service was discontinued after September 5, 2025.

DISCUSSION:

An updated proposal was requested from VLC in February 2026. The proposal is included as Attachment No.1. The proposal expands the scope of the previous agreement to include all shelters in West Covina. Currently, there are 83 City-owned shelters and 44 Clear Channel shelters for a total of 127 shelters. VLC has been made aware that the City is evaluating its bus shelters and locations and the number of shelters may change during the term of the agreement. Some shelters are cleaned multiple times per week resulting in 144 total weekly cleanings.

The proposed shelter cleaning services include:

Cleaning and sweeping within a 10 x 10-foot radius around each bus shelter.

Collection and disposal of all litter and debris.

Light graffiti removal from shelter surfaces.

Power washing of shelter structures.

Replacement of liners for all trash receptacles.

Removal and hauling of filled trash bags. (Trash will be hauled to the City Maintenance Yard) Additional/emergency cleaning upon request of the City.

The proposal also includes an option to power wash the trash receptacle interiors at a rate of $10 per cleaning. There are currently 127 trash receptacles. Staff is recommending this service on a monthly basis.

Staff is recommending three-year agreement with an option of two additional one-year extensions for shelter and trash receptacle cleaning services at a cost of $202,440 for the first year. Services costs are summarized in the tables below.

Shelter Cleaning
Shelter Cleaning
Cost per Cleaning $ 25
Weekly Cleanings 144
Weeks per Year 52
Total Annual Cost - Shelter Cleaning $ 187,200
Trash Receptacle Cleaning
Cost per Cleaning $10
Monthly Cleanings 127
Months per Year  12
Total Annual Cost - Trash Receptacle Cleaning $ 15,240
VLC has requested the ability to negotiate if increases in the minimum wage occur. The draft agreement (Attachment No. 2) allows VLC to request rate increases of up to 5% per year by submitting a written request to the City Manager on or before February 1 of that year. The request must include the proposed increase, the revised rates based on the increase, and the justification for the increase, including, but not limited to, information regarding legally mandated increases in wages or benefits. The draft agreement provides that the City Manager will review and respond to the request within 30 days and may, in his/her discretion, negotiate with VLC to determine the amount of the increase, which will not exceed 5%.

Taking into account potential increases of up to 5% per year, the draft agreement provides for a maximum compensation of $1,118,630.00 over the three-year initial term and two optional one-year extension periods, as follows:

First year of the agreement: not-to-exceed $202,440.00
Second year of the agreement: not-to-exceed $212,570.00 Third year of the agreement: not-to-exceed $223,200.00
Fourth year of the agreement, if extended: not-to-exceed $234,350.00 Fifth year of the agreement, if extended: not-to-exceed $246,070.00 Section 2-335(10) of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code provides the following exemption from the City's competitive bidding requirements: "When the City Council determines, by minute action or resolution, that the compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the city, based on specifically identified conditions set forth on the record." Staff is requesting that the City Council make a determination that compliance with bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City.

California Welfare and Institutions Code section 19404 permits cities and other governmental entities to, without advertising or calling for bids, purchase services provided by nonprofit California corporations "operating community rehabilitation programs serving persons with disabilities who have indicated an interest in supplying those goods and services and may, on an equitable basis apportion the business among the interested community rehabilitation programs, provided the goods or services meet the specifications and needs of the purchasing agency and are purchased at a fair market price, as determined by the appropriate state or local agency" and provided that the public or private nonprofit California corporations comply with specified requirements. Staff has determined that VLC meets the City's needs, that VLC's services are provided at fair market price, and that VLC meets the requirements set forth in Welfare and Institutions Code section 19404. According to VLC, crew members are paid the California minimum wage or higher and also receive benefits in the form of paid vacation, paid sick leave and paid holidays.

Therefore, staff is requesting that the City Council find that compliance with the City's bidding requirements is inefficient and not in the best interest of the City and authorize the Acting City Manager to negotiate and execute an agreement with Valley Light Center for Social Advancement, in a form approved by the City Attorney.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report and the draft agreement and will review the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

Bus shelter maintenance is funded through the Transportation Operating Budget (Fund 122 - Proposition C Local Returns).  The annual cost for the first year will not exceed $202,440.  Assuming a start date of April 1, 2026, the estimated cost for the remaining three months of FY 2025-2026 is $50,610.  There are sufficient funds available in Proposition C - Fund 122.504.61.53.31.00.61.61200 (Account Other Contractual Services 61200) to cover this cost.  The cost of the service will be budgeted in future fiscal years, accordingly.

Attachments
Attachment No. 1 - West Covina Proposal Revised 021226
Attachment No. 2 - Draft Agreement
CITY COUNCIL GOALS & OBJECTIVES: Maintain and Enhance City Facilities and Infrastructure Enhance City Image and Effectiveness
An Accessible Community
ATTACHMENT NO. 1

1 Valley Light Center for Social Advancement
Bus Shelter Maintenance Services

MAINTENANCE SERVICES AGREEMENT

BETWEEN

CITY OF WEST COVINA
AND

VALLEY LIGHT CENTER FOR SOCIAL ADVANCEMENT
FOR

BUS SHELTER MAINTENANCE SERVICES
THIS MAINTENANCE SERVICES AGREEMENT is made and entered into as of March 18, 2026 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and VALLEY LIGHT CENTER FOR SOCIAL ADVANCEMENT, a California nonprofit corporation (“Contractor”).

RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to provide bus shelter maintenance services, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the bus shelter maintenance services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

1.2. Number of Locations; Addition/Deletion of Locations. (a) Number of Locations. Contractor acknowledges and agrees that as of the Effective Date of this Agreement, there are 127 bus shelter locations within the City, including 83 City-owned shelters and 44 shelters owned by Clear Channel Outdoor. Contractor further acknowledges and agrees that maintenance of the shelters owned by Clear Channel Outdoor requires prior written approval from Clear Channel Outdoor. Notwithstanding any other provisions of this Agreement to the contrary, Contractor shall not provide maintenance services for such shelters until City provides written notice to Contractor to commence such services.
(b) Addition/Deletion of Locations. The City reserves the right to add or delete bus shelter locations and to change the frequency of the maintenance at any of the bus shelter locations at any time during the term of this ATTACHMENT NO. 2
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Agreement at its sole discretion by providing written notice to Contractor of any addition, deletion, or change to the frequency of the maintenance services.

1.3. Performance Standards. Contractor’s performance of the work to be performed pursuant to this Agreement will be continuously evaluated by the Public Works Department. The methods and standards by which Contractor’s performance will be evaluated include, but are not limited to, conducting inspections and assessing complaints. (a) Failure to perform work in accordance with the specifications of this Agreement is considered unacceptable. The Public Works Director, or his/her designee, may provide notice to Contractor of any deficiency, any incident of failure to comply with the specifications set forth in this Agreement or any other unsatisfactory performance.
(b) Contractor shall immediately correct any deficiency, incident of failure to comply with the specifications, or unsatisfactory performance and shall explain to the Public Works Director, or his/her designee, in writing within seven (7) working days from the date of receipt of the notice of the deficiency, incident, or other unsatisfactory performance, how and when the performance will be returned to acceptable levels and Contractor’s plans to ensure the unsatisfactory performance will be prevented in the future.

1.4. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.5. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.6. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive 3 Valley Light Center for Social Advancement
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health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.7. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Contractor in accordance with the following fee schedule:

Description Cost
Shelter Cleaning and Maintenance $25.00 per cleaning
Trash Receptable Maintenance $10.00 per cleaning
Contractor’s total compensation shall not exceed One Million One Hundred Eighteen Thousand Six Hundred Thirty Dollars and Zero Cents ($1,118,630.00), as follows:
(a) For the period commencing April 1, 2026 and ending March 31, 2027, Contractor’s total compensation shall not exceed Two Hundred Two Thousand Four Hundred Forty Dollars and Zero Cents ($202,440.00).
(b) For the period commencing April 1, 2027 and ending March 31, 2028, Contractor’s total compensation shall not exceed Two Hundred Twelve Thousand Five Hundred Seventy Dollars and Zero Cents ($212,570.00).
(c) For the period commencing April 1, 2028 and ending March 31, 2029, Contractor’s total compensation shall not exceed Two Hundred Twenty-Three Thousand Two Hundred Dollars and Zero Cents ($223,200.00).
(d) If the Agreement is extended, for the period commencing April 1, 2029 and ending March 31, 2030, Contractor’s total compensation shall not exceed Two Hundred Thirty-Four Thousand Three Hundred Fifty Dollars and Zero Cents ($234,350.00). (e) If the Agreement is extended, for the period commencing April 1, 2030 and ending March 31, 2031, Contractor’s total compensation shall not exceed Two Hundred 4 Valley Light Center for Social Advancement
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Forty-Six Thousand Seventy Dollars and Zero Cents ($246,070.00).

2.3. Rate Increases. Commencing on April 1, 2027, Contractor may request to increase Contractor’s rates by up to five percent (5.0%) on an annual basis. If Contractor desires to increase the rates as set forth herein, Contractor shall submit the request to the City Manager on or before February 1, which request shall detail the proposed increase, the revised rates based on such increase, and the justification for such increase, including, but not limited to, information regarding legally mandated increases in wages or benefits. The City Manager will review and respond to such request within thirty (30) days. The City Manager may, in his/her discretion, negotiate with Contractor to determine the amount of the increase, provided that the increase shall not exceed five percent (5.0%). City and Contractor shall complete any such negotiations by March 31. Once agreed upon, the increased rates shall take effect on or after April 1. No increase to the rates will be retroactive.

2.4. Method of Billing. Contractor may submit invoices to the City for approval on a monthly basis. Each invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay each invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed and the date of performance. Contractor shall submit daily logs detailing the services performed each day, in a form approved by the City, for the month with each invoice. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.5. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Contractor shall commence work on April 1, 2026. Contractor shall perform all services in compliance with the maintenance schedule agreed to by City and Contractor, as detailed in Attachment 2 to Exhibit A. The maintenance schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and Contractor. Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through March 31, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of two (2) 5 Valley Light Center for Social Advancement
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successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should:
(a) Be adjudged bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of Contractor, whichever occurs last.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 6 Valley Light Center for Social Advancement
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5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Contractor shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section.
(d) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall 7 Valley Light Center for Social Advancement
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include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
(ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.

If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its agreement with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, 8 Valley Light Center for Social Advancement
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its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such 9 Valley Light Center for Social Advancement
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communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Valley Light Center for Social Advancement
109 W. 6th Street
Azusa, CA 91702
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (626) 500-3200 Tel: (626) 939-8494
Email: [email protected]
Attn: Ivan Campos
Email: [email protected]
Attn: Kelly McDonald

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. 10 Valley Light Center for Social Advancement
Bus Shelter Maintenance Services

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall 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 further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. 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 paragraph.

6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Ownership of Documents. All reports, documents, information and data furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Contractor shall deliver to City any reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
11 Valley Light Center for Social Advancement
Bus Shelter Maintenance Services

6.14. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.16. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.19. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.22. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be 12 Valley Light Center for Social Advancement
Bus Shelter Maintenance Services
construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.24. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
13 Valley Light Center for Social Advancement
Bus Shelter Maintenance Services
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR

__________________________________ Date: __________________________ Sage Newman, Chief Executive Officer
__________________________________ Date: __________________________ Ivan Campos, Director of Operations

ATTEST:
__________________________________
Lisa Sherrick, CMC
Assistant City Clerk
APPROVED AS TO FORM:

__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director

EXHIBIT A

SCOPE OF SERVICES

SCOPE OF SERVICES
Contractor will provide the following maintenance services for bus shelters located within the City, as follows:

1. Shelter Area Cleaning. Contractor shall maintain the bus shelters in a safe, clean, attractive, and sanitary condition and in good order satisfactory to the City Manager or designee. During each maintenance visit, Contractor shall clean, wash, and remove graffiti, stickers, posters, litter, dust, and dirt from each bus shelter to keep each bus shelter and immediate area free of any noticeable accumulation of dirt, dust, marks, stickers, posters, and litter. Contractor’s services include:
a. Cleaning and sweeping bus shelters, including appurtenances and bus benches, and area within a 10-foot by 10-foot radius around each bus shelter. b. Collection and disposal of all litter and debris.
c. Graffiti removal from shelter surfaces for graffiti that measures five (5) inches or less in length.
i. Match the existing color of the surface for structure coverage ii. Gel spray for the acrylic or glass
iii. Sticker(s) removal with pressure washer
iv. Contractor will report graffiti larger than five (5) inches in length to the City. d. Power washing of shelter structures.

2. Trash Receptacle Maintenance. Contractor’s services include:
a. Replacement of liners for all trash receptacles.
b. Removal and hauling of filled trash bags.
c. Power washing of receptacle interiors on a monthly basis.

3. Trash Disposal.
a. Contractor shall transport all trash from bus shelters to the City Yard.

4. Additional Services. In addition to routine bus shelter maintenance services, Contractor will provide emergency maintenance services and additional maintenance services upon request of the City. For emergency requests, Contractor shall respond and provide service within forty-eight (48) hours of City’s request. Payment for such additional services will be based on Contractor’s standard rates.

A table detailing the locations, ownership, furniture/appurtenances, and frequency of cleaning is included as Attachment 1.

The maintenance schedule is included as Attachment 2.

ATTACHMENT 1

LOCATIONS, FURNITURE/APPURTENANCES AND FREQUENCY

LOCATIONS, FURNITURE/APPURTENANCES AND FREQUENCY
Location
# City
Shelters
# CCO
Shelters Latitude, Longitude
Total
Shelters at
Location Benches
Trash
Cans
Cleanings
per Week Total
SB Sunset @ Durness 1 0 34.05906377609745, -117.94879108290512 1 1 1 1 1 WB Francisquito @ Tonopah 1 0 34.05530366489862, -117.9559133671646 1 1 1 1 1 WB Francisquito @ Orange 1 0 34.05730635740761, -117.95862767437497 1 1 1 1 1 WB Francisquito @ Willow 1 0 34.06110426914516, -117.96380905009487 1 1 1 1 1 EB Francisquito @ Tonopah 1 0 34.05564751466892, -117.95672003219717 1 1 1 1 1 SB Sunset @ Francisquito 1 0 34.053737973369536, -117.95444054244479 1 1 1 1 1 EB Francisquito @ Broadmoor 1 0 34.05219071132241, -117.95203165830341 1 1 1 1 1 NB Sunset @ Durness 1 0 34.058907447309494, -117.94854601602734 1 1 1 1 1 SB Merced @ Orange 1 0 34.0645461306004, -117.95066266857609 1 1 BB 1 1 SB Sunset @ Merced 0 1 34.06155349964455, -117.9457309223218 1 1 1 1 1 NB Sunset @ Cameron 1 0 34.06664311384661, -117.94033630219774 1 1 1 1 1 NB Sunset @ W Covina Pkwy 1 0 34.06917896040475, -117.93762616570918 1 1 1 1 1 NB Sunset @ Plaza Dr 0 0 34.07082686028796, -117.93666916119523 0 1 1 1 0 SB Glendora @ Cameron 1 0 34.061836037458846, -117.93171557545551 1 1 1 1 1 NB Glendora @ Michelle 1 0 34.05305321998444, -117.94098308951845 1 1 1 1 1 NB Glendora @ Cameron 1 0 34.061702588984716, -117.9314401797006 1 1 1 1 1 SB Valinda @ Cameron 1 0 34.06147451537929, -117.92554290648724 1 1 BB 1 1 SB Valinda @ Merced 1 0 34.054243270415064, -117.92565858625392 1 1 BB 1 1 WB Amar @ Brentwood 1 0 34.03450334794603, -117.91769267319023 1 1 1 1 1 WB Amar @ Lark Ellen 1 0 34.035379859778395, -117.91988131253161 1 1 1 1 1 WB Amar @ Valinda 1 0 34.035817705948304, -117.92582977736521 1 1 1 1 1 NB Valinda @ Summer 1 0 34.04012183257649, -117.9265056319113 1 1 1 1 1 NB Valinda @ Cameron 1 0 34.061568424162296, -117.92532017742015 1 1 1 1 1 NB Valinda @ Maplegrove 1 0 34.0439344694271, -117.92558197057537 1 1 1 1 1 SB Glendora @ Michelle 1 0 34.05338645209244, -117.94103040151103 1 1 1 1 1 WB Puente @ Sunset 1 0 34.08293866293709, -117.93497454032892 1 1 1 1 1 EB Puente @ Nora 0 0 34.08266903267164, -117.93827759774872 0 1 1 1 0 SB Sunset @ Puente 1 0 34.082506054741195, -117.93474666682174 1 1 1 1 1 SB Sunset @ Rowland 1 0 34.07885195088647, -117.93514783546064 1 1 1 1 1 SB Sunset @ Workman 1 0 34.0752076102548, -117.93552391861134 1 1 1 1 1 SB Sunset @ Civic Center 0 1 34.070263693008606, -117.93722014532895 1 3 2 + BB 1 1 NB W Covina Pkwy @ Toluca 0 2 34.070158046134715, -117.93971065586386 2 2 1 1 2 SB W Covina Pkwy @ Toluca 1 0 34.07062644392551, -117.94083030848549 1 1 1 1 1 NB Sunset @ Workman 1 0 34.07526044938523, -117.93521500363495 1 1 1 1 1 NB Sunset @ Puente 1 0 34.082523826658395, -117.93444625943916 1 1 1 1 1 WB Cameron @ Fernwood 1 0 34.06124101949386, -117.91122818514484 1 1 1 1 1 EB Cameron @ Azusa 1 0 34.061013806443185, -117.90815836837028 1 1 1 1 1 NB Citrus @ Cortez 1 0 34.064362193945584, -117.89008746080667 1 1 1 1 1 SB Citrus @ Walnut Creek Pkwy 1 0 34.06980335209219, -117.89023946825601 1 1 BB 1 1 NB Barranca @ Virginia 1 0 34.06969518197201, -117.88118932902331 1 1 1 1 1 SB Barranca @ Virginia 1 0 34.06928463060261, -117.88144474398327 1 1 1 1 1 SB Citrus @ Cameron 1 0 34.06117197635572, -117.89034249518969 1 1 BB 1 1 WB Cameron @ Montezuma 1 0 34.06108039825923, -117.8944275574496 1 1 1 1 1 WB Cameron @ Hollenbeck 1 0 34.0611111085388, -117.89878211327817 1 1 1 1 1 WB Cameron @ Azusa 1 0 34.06120433379916, -117.90759181164192 1 1 1 1 1 WB Cameron @ Lark Ellen 1 0 34.06130095036411, -117.9170619961634 1 1 1 1 1 NB Azusa @ Vine 1 0 34.05772666676951, -117.90779111023666 1 0 0 1 1 SB Azusa @ Vine 1 0 34.05718558324529, -117.90808952232688 1 1 1 1 1 NB Azusa @ Merced 1 0 34.05409842867981, -117.90782409754779 1 1 1 1 1 SB Azusa @ Merced 1 0 34.053600669645895, -117.90813332252952 1 1 1 1 1 SB Azusa @ Francisquito 1 0 34.049940567140844, -117.908203607653 1 1 1 1 1 SB Azusa @ Grenoble 1 0 34.04758487740869, -117.90826782300782 1 1 1 1 1 WB Amar @ Azusa 1 1 34.0317777623928, -117.91506419776033 2 2 1 + BB 1 2 SB Azusa @ Amar 1 0 34.03118847033324, -117.91511705961122 1 1 1 1 1 NB Azusa @ Amar 1 1 34.03175463895693, -117.9143987738428 2 2 2 1 2 EB Amar @ Azusa 0 1 34.03080411655987, -117.91405728315164 1 1 BB 1 1 NB Azusa @ The Heights 1 0 34.03527455419253, -117.91282554798555 1 1 1 1 1 NB Azusa @ Fairgrove 1 0 34.04285135974714, -117.91111832485355 1 1 1 1 1 NB Azusa @ Cameron 0 1 34.061389806540056, -117.90772142611203 1 1 1 1 1 NB Azusa @ Cortez 1 0 34.06500590506071, -117.90767124632528 1 1 1 1 1 NB Azusa @ Garvey 1 0 34.0703299601048, -117.90758494659039 1 1 1 1 1 NB Azusa @ Workman 1 0 34.076337495140315, -117.90759650953713 1 1 1 1 1 NB Azusa @ Rowland 0 1 34.0788956756609, -117.90760924866969 1 1 1 1 1 SB Azusa @ Rowland 0 1 34.07941564015415, -117.90794488971214 1 1 1 1 1 EB Shadow Oak @ Shakespeare 1 0 34.018844544860166, -117.8952479678304 1 1 1 1 1 EB Shadow Oak @ Gemini 1 0 34.019409745685294, -117.90297600174254 1 1 1 1 1 WB Shadow Oak @ Rita Lane 1 0 34.01892091121584, -117.89695996517798 1 1 1 1 1 WB Shadow Oak @ Gemini 1 0 34.01952646065335, -117.90273057963363 1 1 1 1 1 WB Shadow Oak @ Wood Gate 1 0 34.02351237131461, -117.90352534822668 1 1 1 1 1

LOCATIONS, FURNITURE/APPURTENANCES AND FREQUENCY
Location
# City
Shelters
# CCO
Shelters Latitude, Longitude
Total
Shelters at
Location Benches
Trash
Cans
Cleanings
per Week Total
WB Shadow Oak @ Nogales 1 0 34.02026644148445, -117.89070253462457 1 1 1 1 1 EB Shadow Oak @ Nogales 1 0 34.02011360175477, -117.89051947386709 1 1 1 1 1 EB Amar @ Temple 1 0 34.029528847769406, -117.91025928927306 1 1 1 1 1 WB La Puente @ Sentous 1 0 34.01144787483792, -117.88042315403963 1 1 1 1 1 NB Nogales @ La Puente 1 0 34.0105495560891, -117.88673710354668 1 1 1 1 1 WB Amar @ Nogales 1 0 34.027650960777166, -117.89604225911319 1 1 1 1 1 WB Amar @ Westport 1 0 34.02770741476523, -117.90677870047377 1 1 1 1 1 WB Amar @ Temple 1 0 34.02952675044343, -117.91025838572868 1 1 1 1 1 SB Azusa @ Fairgrove 0 1 34.04298526705196, -117.91142074388668 1 1 1 1 1 EB Rowland @ Azusa 1 0 34.07901102480589, -117.9072644994417 1 1 1 1 1 EB Workman @ 2nd 1 2 34.07526082179709, -117.88624198596317 3 3 2 2 6 EB W Covina Pkwy @ Sunset 0 1 34.0684583899684, -117.9375616625606 1 1 1 3 3 EB W Covina Pkwy @ Fashion Plaza 0 1 34.06863998563039, -117.93351530936235 1 1 1 3 3 EB W Covina Pkwy @ California 1 0 34.068524626173875, -117.9306275709359 1 1 1 3 3 WB W Covina Pkwy @ Fashion Plaza 0 2 34.068793105464756, -117.93231432803361 2 2 2 3 6 WB W Covina Pkwy @ California 1 1 34.06870115268611, -117.9297159221168 2 2 BB 3 6 SB Barranca @ Eastland 2 2 34.073766731120664, -117.88144699308778 4 4 BB 1 4 SB Azusa @ Cameron 0 1 34.06080479553165, -117.90803880471067 1 1 1 1 1 SB Azusa @ Francisquito 0 1 34.04994131984095, -117.90820473626329 1 1 1 1 1 NB Azusa @ Aroma 0 1 34.04770561463596, -117.90790407717753 1 1 1 1 1 NB Azusa @ Puente 0 1 34.08314130800379, -117.90763381178921 1 1 1 1 1 SB Azusa @ Puente 0 1 34.08241327637546, -117.90794439356102 1 1 1 1 1 SB Azusa @ Workman 0 1 34.0757389180403, -117.90790990038074 1 1 1 1 1 WB I10 @ Azusa 1 0 34.072482111737074, -117.90665001663199 1 1 0 1 1 NB Citrus @ E Garvey Ave South 0 1 34.0701352947551, -117.89001107251603 1 1 1 1 1 EB Francisquito @ Sunset 0 1 34.05349010542687, -117.95377552606432 1 1 1 1 1 WB Francisquito @ Sunset 0 1 34.05362833834327, -117.95354744588015 1 1 1 1 1 SB Glendora @ Merced 0 1 34.0554564981306, -117.93874761432045 1 2 2 1 1 NB Glendora @ Merced 0 1 34.05576461127102, -117.93799255984031 1 1 2 1 1 SB Glendora @ Vine 0 1 34.05810030396921, -117.93583441184066 1 2 2 1 1 NB Glendora @ Vine 0 1 34.05760972312079, -117.93594506245451 1 2 2 1 1 NB Merced @ Orange 0 1 34.06475337908671, -117.95058799744997 1 1 1 1 1 NB Merced @ Trojan 0 1 34.062746537446934, -117.94785560779441 1 1 1 1 1 SB Sunset @ Cameron 0 1 34.06665332505464, -117.94073914139645 1 1 1 1 1 SB Sunset @ Farlington 0 1 34.056273308263854, -117.95175147678847 1 1 1 1 1 NB Sunset @ Francisquito 0 1 34.05356971448475, -117.95421094867469 1 1 1 1 1 NB Sunset @ Vine 0 1 34.06388117594075, -117.94324534051027 1 1 1 1 1 SB Sunset @ Vine 0 1 34.063490503473766, -117.94414341102183 1 1 1 1 1 SB Valinda @ Glendora 0 1 34.066761541431994, -117.92562778217244 1 1 1 1 1 SB Vincent @ Glendora 0 1 34.066221006001925, -117.92749270510147 1 1 1 1 1 NB Vincent @ Glendora 0 1 34.06603978199271, -117.92723677279476 1 1 1 1 1 SB Vincent @ Plaza 0 1 34.069326905681855, -117.92710891216127 1 1 1 1 1 SB Azusa @ Cortez 1 0 34.06491621837276, -117.90798760570473 1 1 1 1 1 EB Workman @ Azusa 1 0 34.075412906478, -117.90593048035309 1 1 1 1 1 WB Rowland @ Azusa 1 0 34.07926451170075, -117.90729627238498 1 1 1 1 1 NB Sunset @ Merced 1 0 34.06155142510136, -117.94573743255906 1 1 1 1 1 EB Cameron @ Fernwood 1 0 34.06104763254188, -117.9111477667844 1 1 0 1 1 EB Amar @ Westport 0 0 34.027096824169284, -117.90633229142097 0 0 1 0 0 EB Amar @ Shadow Oak 1 0 34.0262089189489, -117.90266654100297 1 1 BB 1 1 WB Amar @ Shadow Oak 1 0 34.026514911232276, -117.90356763173139 1 1 BB 1 1 WB Valley @ Nogales 1 0 34.0030871562852, -117.8873292563383 1 1 1 1 1 Total 83 44 127 127 144
ATTACHMENT 2

MAINTENANCE SCHEDULE

MAINTENANCE SCHEDULE
Monday ____________________________
Shelter
Power
washed
Power
washed
Trash cans
Empty trash &
Liners
replaced
Completed
by
1 SB Sunset @ Durness
2 WB Francisquito @ Tonopah
3 WB Francisquito @ Orange
4 WB Francisquito @ Willow
5 EB Francisquito @ Tonopah
6 SB Sunset @ Francisquito
7 NB Sunset @ Francisquito
8 EB Francisquito @ Broadmoor
9 EB Francisquito @ Sunset
10 WB Francisquito @ Sunset
11 NB Sunset @ Durness
12 SB Merced @ Orange
13 SB Sunset @ Merced
14 NB Sunset @ Merced
15 NB Sunset @ Cameron
16 EB W Covina Pkwy @ Sunset
17 EB West Covina Pkwy @ Fashion
Plaza
18 EB West Covina Pkwy @
California
19 WB West Covina Pkwy @ Fashion
Plaza
20 WB West Covina Pkwy @
California
21 NB Sunset @ West Covina Pkwy
22 NB Sunset @ Plaza Dr
23 SB Barranca @ Eastland
24 EB Workman @ 2nd
25 SB Glendora @ Cameron
26 NB Glendora @ Michelle
27 NB Glendora @ Cameron
28 SB Valinda @ Cameron
29 SB Valinda @ Merced
TRASH Liners ONLY
NB Azusa @ Vine
SB Azusa @ Vine
NB Azusa @ Merced
SB Azusa @ Merced
NB Azusa @ Francisquito
SB Amar @ Grenoble
WB Amar @Azusa

MAINTENANCE SCHEDULE
Tuesday _________________________
Shelter
Power
washed
Power
washed
Trash cans
Empty trash
& Liners
replaced
Completed
by
1 WB Cameron @ Lark Ellen
2 WB Cameron @ Fernwood
3 EB Cameron @ Fernwood
4 EB Cameron @ Azusa
5 NB Citrus @ Cortez
6 SB Citrus @ Walnut Creek
Pkwy
7 WB Amar @ Lark Ellen
8 WB Amar @ Valinda
9 NB Valinda @ Summer
10 NB Valinda @ Cameron
11 NB Valinda @ Maplegrove
12 SB Glendora @ Michelle
13 WB Puente @ Sunset
14 SB Sunset @ Puente
15 SB Sunset @ Rowland
16 SB Sunset @ Cameron
17 SB Sunset @ Farlington
18 SB Sunset @ Workman
19 SB Sunset @ Civic Center
20 NB West Covina Pkwy @
Toluca
21 SB West Covina Pkwy @
Toluca
22 NB Sunset @ Workman
23 NB Sunset @ Puente
24 NB Sunset @ Vine
25 SB Sunset @ Vine
TRASH Liners ONLY
SB Azusa @ Amar
NB Azusa @ Amar
EB Amar @ Azusa
NB Azusa @ The Heights
SB Barranca @ Eastland
NB Barranca @ Virginia
SB Barranca @ Virginia

MAINTENANCE SCHEDULE
Wednesday ___________________________________
Shelter
Power
washed
Power
washed
Trash cans
Empty
trash &
Liners
replaced

Completed
by
1 NB Azusa @ Vine
2 SB Azusa @ Vine
3 NB Azusa @ Merced
4 SB Azusa @ Merced
5 NB Azusa @ Francisquito
6 SB Azusa @ Grenoble
7 WB Amar @ Azusa
8 SB Azusa @ Amar
9 NB Azusa @ Amar
10 EB Amar @ Azusa
11 NB Azusa @ The Heights
12 SB Barranca @ Eastland
13 NB Barranca @Virginia
14 SB Barranca @Virginia
15 NB Citrus @ Cameron
16 WB Cameron @ Montezuma
17 WB Cameron @ Hollenbeck
18 WB Cameron @ Azusa
19 SB Valinda @ Glendora
20 SB Vincent @ Glendora
21 NB Vincent @ Glendora
22 SB Vincent @ Plaza
23 EB W Covina Pkwy @ Sunset
24 EB West Covina Pkwy @
Fashion Plaza
25 EB West Covina Pkwy @
California
26 WB West Covina Pkwy @
Fashion Plaza
27 WB West Covina Pkwy @
California

MAINTENANCE SCHEDULE
Thursday _____________________________
Shelter
Power
washed
Power
washed
trash cans
Empty trash
& Liners
replaced
Completed
by
1 NB Azusa @ Cameron
2 NB Azusa @ Cortez
3 SB Azusa @ Cortez
4 NB Azusa @ Garvey
5 NB Azusa @ Workman
6 EB Workman @ Azusa
7 NB Azusa @ Rowland
8 SB Azusa @ Rowland
9 EB Rowland @ Azusa
10 WB Rowland @ Azusa
11 SB Azusa @ Cameron
12 SB Azusa @ Francisquito
13 NB Azusa @ Puente
14 SB Azusa @ Puente
15 SB Azusa @ Workman
16 WB I10 @ Azusa
17 NB Citrus @ E Garvey Ave
South
18 SB Glendora @ Merced
19 NB Glendora @ Merced
20 SB Glendora @ Vine
21 NB Glendora @ Vine
22 NB Merced @ Orange
23 NB Merced @ Trojan
TRASH Liners ONLY
SB Vincent @ Plaza
EB W Covina Pkwy @ Sunset
EB West Covina Pkwy @
Fashion Plaza
EB West Covina Pkwy @
California
WB West Covina Pkwy @
Fashion Plaza
WB West Covina Pkwy @
California

MAINTENANCE SCHEDULE
Friday _____________________________
Shelter
Power
washed
Power
washed
trashed
cans
Empty trash
& Liners
replaced
Completed
by
1 EB Shadow Oak @ Shakesphere
2 EB Shadow Oak @ Gemini
3 WB Shadow Oak @ Rita Lane
4 WB Shadow Oak @ Gemini
5 WB Shadow Oak @ Wood Gate
6 WB Shadow Oak @ Nogales
7 EB Shadow Oak @ Nogales
8 EB Amar @ Westport
9 EB Amar @ Shadow Oak
10 WB Amar @ Shadow Oak
11 EB Temple @ Amar
12 WB Amar @ Temple
13 WB La Puente @ Sentous
14 NB Nogales @ La Puente
15 EB Valley Blvd @ Nogales
16 WB Amar @ Westport
17 SB Barranca @ Eastland
18 EB Workman @ 2nd
19 NB Azusa @ Fairgrove
20 SB Azusa @ Fairgrove
21 NB Azusa @ Aroma
22 WB Amar @ Brentwood
23 EB W Covina Pkwy @ Sunset
24 EB West Covina Pkwy @ Fashion
Plaza
25 EB West Covina Pkwy @
California
26 WB West Covina Pkwy @ Fashion
Plaza
27 WB West Covina Pkwy @
California
TRASH Liners ONLY
NB Citrus @ Cameron
WB Cameron @ Montezuma
WB Cameron @ Hollenbeck
WB Cameron @ Azusa
SB Valinda @ Glendora
SB Vincent @ Glendora
NB Vincent @ Glendora
AGENDA ITEM NO. 6

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF CONSTRUCTION SERVICES AGREEMENT FOR FY 24-25 RESIDENTIAL STREET REHABILITATION PROJECT - PROJECT NO. 25001 AND

ASSOCIATED BUDGET AMENDMENT
RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Award the Construction Services Agreement for the FY 24-25 Residential Street Rehabilitation Project (Project No. 25001) to Onyx Paving Company, Inc. as the lowest responsible bidder;

2. Authorize the Acting City Manager to execute the Construction Services Agreement with Onyx Paving Company, Inc. for $4,646,000.00, in such final form as approved by the City Attorney;

3. Authorize the Acting City Manager to negotiate and execute any amendments up to 10% of the awarded agreement amount;

4. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction); and

5. Adopt the following resolution:

RESOLUTION NO. 2026-26 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (RESIDENTIAL STREET REHAB FY 2024-25) BACKGROUND:

As part of City’s Pavement Management Program (“PMP”), the proposed project involves pavement rehabilitation and pavement maintenance work on the recommended streets from the PMP. The PMP is a planning and budgeting tool used to prioritize street paving and maintenance projects over a ten-year period.

The selected streets are based on the recommendations identified within the City’s PMP for Fiscal Year (FY) 2024-25, and also per engineering field review and judgment. City engineering staff reviewed the PMP recommendations for residential street maintenance, conducted field reviews, and determined the final streets to be included in the FY 2024-25 Residential Street Rehabilitation Project.

Major work components include construction of slurry seal, asphalt concrete resurfacing, reconstruction of localized asphalt repairs (pothole repairs), restoration of traffic loops, installation of traffic striping and related work.

As part of the project, approximately 250,000 square feet of pavement will receive asphalt slurry seal, As part of the project, approximately 250,000 square feet of pavement will receive asphalt slurry seal, and approximately 1,700,000 square feet of pavement will be resurfaced with new asphalt (coldmill and overlay). Coldmilling is the controlled removal of the surface of the existing pavement to the desired depth, with specially designed equipment to restore the pavement surface to a specified grade and cross-slope. Work also includes localized asphalt pothole repairs, markings and striping and related work. See Attachment No. 1 – Fiscal Year 2024-25 Residential Streets Rehabilitation Map and Locations for the streets included in this project.

DISCUSSION:

On January 23, 2026, staff advertised construction bid package. The following thirteen (13) bids were received by the City at the Bid Opening held on February 9, 2026, at 8:30 AM.

Contractor Name Total Base Bid Amount
Onyx Paving Company, Inc. $3,282,000.00
All American Asphalt $3,472,112.00
Gentry Brother, Inc. $3,539,530.68
Vance Corporation $3,564,518.48
LCR Earthwork & Engineering Corp $3,579,025.80
Calmex Engineering, Inc. $3,631,825.79
Sequal Contractors, Inc. $3,697,800.81
Sully-Miller Contracting Company $3,777,192.81
Hardy & Harper, Inc. $3,850,000.00
COPP Contracting, Inc. $4,198,353.52
RJ Nobel Company $4,201,092.74
Toro Enterprises, Inc. $4,255,600.38
Paveco Construction, Inc. $5,472,731.70
Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, State and Federal debarment list review for  the apparent low bidder, Onyx Paving Company, Inc.

Lowest Responsive Bid
The lowest responsive base bid was submitted by Onyx Paving Company, Inc. in the amount of $3,282,000.00. In addition to the base bid staff included three additive alternative bid schedules for additional locations to be repaved as well as curb ramp reconstruction in both zones. In total, including the additive alternative bid schedules, the total bid amount submitted by Onyx Paving Company, Inc. is $4,646,000.00. Following Council’s approval, the City will enter into an agreement with Onyx Paving Company, Inc. in such final form approved by the City Attorney. The draft agreement is included as Attachment No. 2.

Project Timeline
The field construction duration is 60 working days (approx. 3 months). Field construction is anticipated to start Spring 2026, and construction to be completed in Summer 2026.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report, draft agreement and the resolution and approved them as to form.

OPTIONS:

The City Council has the following options:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

The proposed project is a project subject to the California Environmental Quality Act (CEQA). Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302: Replacement or reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including, replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The project includes construction of slurryseal, asphalt concrete coldmill and overlay, reconstruction of localized asphalt repairs,restoration of traffic loops, and installation of traffic striping throughout the City involving a negligible expansion of capacity. Therefore, the project is categorically exempt from CEQA.

Fiscal Impact
FISCAL IMPACT:

The project estimate is outlined below:

Base Construction Cost $4,646,000.00
Proposed Contingency allowance (10%) $464,600.00
Subotal Construction Budget $5,110,600.00
Project Management and Administration (Preparation of
Bid Documents)
$195,000.00
Construction Management and Inspection $510,000.00
Newspaper Advertisement, Misc. Expenses $5,000.00
Total Project Budget $5,820,000.00
During the design phase, staff identified additional Community Development Block Grant (CDBG) funds that could be utilized for this project. As such, staff included sections of Zone 1 of the adopted PMP which is a section eligible for utilization of CDBG funding in the project scope. In order to utilize these funds, staff recommend the City Council adopt a budget amendment allocating additional funding to this project. The table below summarizes the proposed budget amendment.

Project No. Fund Current
Budget
Available
Total
Project
Estimate
Proposed
Budget
Amendment
C25001,
Residential
Street
Rehab
Program
FY 24-25
237, SB1 3,156,693.00 3,375,500.00$218,807.00
Total $218,807.00
Attachments
Attachment No.1-FY 2024-25 Residential Streets Rehabilitation Location Map and List Attachment No. 2 - Draft Agreement
Attachment No. 3 - Resolution No. 2026-26
ATTACHMENT NO. 1 – FY 2024-25 RESIDENTIAL STREETS REHABILITATION LOCATION MAP & LIST ATTACHMENT NO.1

Street Name Begin Location End Location

AMANDA ST S NOGALES ST S SENTOUS AVE

S FLEMINGTON DR LA PUENTE RD MILLRIDGE DR

GAUNTLET DR E HAMILTONIA DR S FLEMINGTON DR

E HILTONIA DR WHITINGHAM DR S FLEMINGTON DR

MILLRIDGE DR WHITINGHAM DR S FLEMINGTON DR

DAMINO DE GLORIA MILLRIDGE DR CALLE BAJA DR

WHITINGHAM DR LA PUENTE RD CALLE BAJA DR

CALLE BAJA DR S FORECASTLE AVE EAST CITY LIMIT

S FORCASTLE AVE LA PUENTE RD CUL-DE-SAC

MORGANFIELD AVE VALLEY BLVD S FORECASTLE AVE

TOWNSITE DR MORGANFIELD AVE CUL-DE-SAC

PINEFALLS DR MORGANFIELD AVE S FORECASTLE AVE

QUINNELL DR NEARPOINT DR S FORECASTLE AVE

NEARPOINT DR CUL-DE-SAC QUINELL DR

GOODWICK AVE S FORECASTLE AVE CUL-DE-SAC

EL CAMINO EDPLANADE S FORECASTLE AVE EAST CITY LIMIT

FERNTOWER AVE E HOLLINGWORTH ST MORGANFIELD AVE

PINEFALLS DR FERNTOWER AVE LEVELGLEN DR

LEVELGLEN DR QUINELL DR PINEFALLS DR

QUINNELL DR LEVELGLEN DR FERNTOWER AVE

LEVELGLEN DR S SENTOUS AVE QUINNELL DR

E MERRYGROVE ST MADERLY ST CUL-DE-SAC

VERMILLION ST MADERLY ST CUL-DE-SAC

VALLEY VIEW AVE S SENTOUS AVE CUL-DE-SAC

MADERLY ST VALLEY VIEW AVE E MERRYGROVE ST

POINT CEDAR DR MORGANFIELD AVE LANESBORO DR

E BALI DR CUL-DE-SAC E POINT CEDAR DR

CAMINO DE ROSA E POINT CEDAR DR EAST CITY LIMIT

LANESBORO DR S FOXLAKE AVE E POINT CEDAR DR

HOLLINGWORTH ST S HACKLEY AVE EAST CITY LIMIT

S HACKLEY AVE VALLEY VIEW AVE HOLLINGWORTH ST

S ELLESFORD AVE VALLEY VIEW AVE HOLLINGWORTH ST

VALLEY VIEW AVE S NOGALES ST EAST CITY LIMIT

HIGHCASTLE ST WEST CITY LIMIT CUL-DE-SAC

GLADBROOK AVE CUL-DE-SAC HIGHCASTLE ST

KEANSBURG AVE CUL-DE-SAC HIGHCASTLE ST

EASTNOR AVE HIGHCASTLE ST FENMEAD ST

FENMEAD ST CUL-DE-SAC S NOGALES ST

GRASSMERE AVE FENMEAD ST NORTH CITY LIMIT

S SANDY HILL DR CRESCENT VIEW S GOLDEN VISTA DR

HAVENBROOK ST PUENTE AVE MACDEVITT ST

ALLEY HAVENBROOK ST MACDEVITT ST

CEDARWOOD ST PUENTE AVE HAVENBROOK ST

MACDEVITT ST PUENTE AVE N ARDILLA AVE

MACDEVITT ST N ARDILLA AVE N WILLOW AVE

N ARDILLA AVE HAVENBROOK ST CUL-DE-SAC

SHERWAY ST ARDILLA AVE CUL-DE-SAC

WILLOW LN CUL-DE-SAC N WILLOW AVE

W CHANNING ST N ARDILLA AVE N WILLOW AVE

N CLYDEWOOD AVE N ARDILLA AVE N BROMLEY AVE

N ARDILLA AVE W CHANNING ST W PACIFIC AVE

N LELAND AVE N CLYDEWOOD AVE W PACIFIC AVE

N BROMLEY AVE N CLYDEWOOD AVE WA PACIFIC AVE

N WILLOW AVE W GARVEY AVE N W PACIFIC AVE

N SUNKIST AVE W GARVEY AVE N CUL-DE-SAC

SUNKIST PL N SUNKIST AVE SUNKIST PL

CITY OF WEST COVINA

CONSTRUCTION SERVICES AGREEMENT FOR
PROJECT NO. 25001
FY 24-25 RESIDENTIAL STREET REHABILITATION PROJECT
THIS CONSTRUCTION SERVICES AGREEMENT (herein “Agreement”) is made and entered into as of March 17, 2026 (“Effective Date”) by and between the CITY OF WEST COVINA, a municipal corporation (herein “City”), and ONYX PAVING COMPANY, INC., a California corporation (herein “Contractor”).

RECITALS
A. City requires construction services for the FY 24-25 Residential Street Rehabilitation Project, Project No. 25001 (“Project”), that meet the requirements as shown in the project specifications and this Agreement.

B. The Project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD).

C. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services.

D. City has determined that Contractor is the lowest responsible bidder.

E. City and Contractor desire to enter into this Agreement for the Project on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide all work described in the Contract Documents, as further described herein, which services may be referred to herein as the “services” or “work”. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality and fit for the purpose intended.

1.2 Documents Included in Contract. The complete Agreement consists of:
(a) This Agreement;
(b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract ATTACHMENT NO. 2
Project No. 25001
2 Rev. 02-2025
Documents (collectively, “Bid Documents”), released January 23, 2026, incorporated by this reference as if fully set forth herein; (c) Addendum No. 1 to the Bid Documents, dated February 4, 2026, incorporated by this reference as if fully set forth herein;
(d) Federal Requirements, attached hereto as Exhibit A and incorporated herein; (e) Contractor’s Proposal, attached hereto as Exhibit B and incorporated herein; (f) Certificates of Insurance, attached hereto as Exhibit C and incorporated herein; (g) Bonds, attached hereto as Exhibit D and incorporated herein; (h) The Standard Specifications and Standard Specifications for Public Works Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (i) All exhibits and attachments to the foregoing documents.

The documents comprising the complete Agreement may be referred to in this Agreement as the “Contract Documents.” In the event of an inconsistency between any of the terms in this Agreement and any of the documents referenced above, this Agreement shall govern.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time the work is performed.

1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including a business license from the City. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work. Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own active negligence.

Project No. 25001
3 Rev. 02-2025

1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 19-302. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.9 Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.

This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of California Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the California Labor Code regarding eight (8)-hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times Project No. 25001
4 Rev. 02-2025
the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the California Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the California Labor Code. (d) Apprentices. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

Contractor shall be responsible for ensuring compliance by its subcontractors with California Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to California Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the California Labor Code for any work performed by his or her employees on this Project.

The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of California Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of California Labor Code Sections 1771 and 1725.5 requiring registration with the DIR.
(g) Davis-Bacon and Related Acts. Notwithstanding the foregoing provisions, this Project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD).

Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Million Six Hundred Forty-Six Thousand Dollars and Zero Cents ($4,646,000.00) (herein “Contract Sum”), except as provided in Section 1.8 (Additional Services). The Contract Sum includes Contractor’s Base Bid in the amount of Three Million Two Hundred Eighty-Two Thousand Dollars and Zero Cents ($3,282,000.00), Contractor’s Additive Bid Schedule A in the amount of One Hundred Forty-Two Thousand Dollars and Zero Cents ($142,000.00), Contractor’s Additive Bid Schedule B in the amount of One Hundred Eleven Thousand Dollars and Zero Cents ($111,000.00), and Contractor’s Additive Bid Schedule C in the amount of One Million One Hundred Eleven Thousand Dollars and Zero Cents Project No. 25001
5 Rev. 02-2025
($1,111,000.00) . The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) of the Contract Sum shall be retained as performance security as detailed in Section 2.3 (Retention of Funds).

2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by California Public Contract Code Section 7107 of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder. To the extent consistent with California Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in California Public Contract Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall not commence work until Contractor receives a notice to proceed from the City. Contractor shall complete the work within sixty (60) working days from the commencement date specified in the notice to proceed. Prior to the commencement of work, Contractor shall submit for the Contract Officer’s approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period(s) specified in the Construction Schedule for performance of the services rendered pursuant to this Agreement shall be extended to the extent caused by delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe Project No. 25001
6 Rev. 02-2025
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency other than the City, if Contractor within ten (10) days of the commencement of such delay notifies the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due to force majeure.

3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the Project by the City.

4.0 COORDINATION OF WORK

4.1 Representative of Contractor. The following principal(s) of Contractor are hereby designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Corey R. Kirschner
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. Contractor shall keep the Contract Officer informed of Contractor’s progress on the services. Contractorshall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City’s Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City’s Municipal Code.

4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the City’s express consent.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any Project No. 25001
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control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or protection of existing main or trunkline utilities but only to the extent such utilities were not identified in the invitation for bids or specifications. Where the specifications call for Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum.

Contractor having been presented with a reasonable basis to suspect that any previously unidentified main or trunkline may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delays which meet both of the following requirements: (i) the delays occurred after Contractor gave City the written notice required by this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, if the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.

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(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.8 (Additional Services) of this Agreement.
(c) If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

4.8 Best Management Practices. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and nonstormwater discharges to receiving waters as required in Municipal NPDES Permit No.

CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.

5.0 INSURANCE

5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and Project No. 25001
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conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; (ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.

If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. (d) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Contractor shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section. (e) Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder’s Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and Project No. 25001
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equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the project site.

If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim Project No. 25001
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administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5 Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement or the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractors’ performance of the work covered under this Agreement.

5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an additional insured on insurance required of subcontractors.

5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only if issued by companies authorized to do business in California, rated with a current A.M. Best’s rating of no less than A:VII unless such requirements are waived by the City’s Risk Manager in writing due to unique circumstances. If the City’s Risk Manager determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the minimum limits of the insurance policies required by this Section by providing written notice to Contractor; provided that Contractor may appeal such determination to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

6.0 BONDS

6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the payment of all persons furnishing labor or materials in connection with the work, (2) a performance bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Agreement, and (3) a warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a period of one (1) year following completion of the work, on the forms provided by the City. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be released or exonerated only if Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, http://www.fms.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If co- Project No. 25001
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sureties are used, their bonds must be on a joint and several basis.

6.3 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Agreement for the work to be performed will be permitted at the request and expense of Contractor.

7.0 INDEMNIFICATION
Contractor agrees to defend (with legal counsel of City’s choosing), indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, subcontractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees for counsel acceptable to City.
(d) Contractor’s duty to defend and indemnify as set forth herein shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury Project No. 25001
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to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Contractor’s indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors.

8.0 RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as may be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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9.0 ENFORCEMENT OF AGREEMENT; TERMINATION

9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Notice of Default and Cure Period. If either party fails to perform its obligations hereunder, the nondefaulting party may provide the defaulting party with written notice of such default.

The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or other security for performance thereof. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured.

9.3 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation:
(a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the move-off.

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(c) The cost of materials custom-made for this Agreement which Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement’s consideration.

9.5 “Claims” by Contractor under Section 9204. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall be subject to all requirements of California Public Contract Code Section 9204 (“Section 9204”) as it may be amended from time to time. The parties acknowledge that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions, certain requests for payments not covered by contract, and certain requests for payments of amounts disputed by City. The parties further acknowledge that Section 9204 establishes all of the following: (i) Contractor may submit a “claim” to the City, as that term is defined in Section 9204; (ii) City has an initial 45 days to review and respond to the claim to state “what portion of the claim is disputed and what portion is undisputed”. If the City does not issue a written statement, the claim is deemed rejected in its entirety; (iii) Contractor must furnish reasonable documentation to support the claim; (iv) City has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures apply to resolve any amounts in dispute.

9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act.

Any waiver by either party of any default must be in writing and shall not be considered a waiver of any other default concerning the same or any other provision of this Agreement.

9.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

9.8 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor further agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor Project No. 25001
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agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500.00) for each calendar day of delay in the performance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated damages constitute a reasonable estimate of actual damages, and are not punitive.

10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry.

11.0 FEDERAL REQUIREMENTS
This Project is funded in whole or in part by federal funds and subject to the Federal Requirements set forth in this Agreement, including, but not limited to, the requirements set forth in Exhibit A. Contractor agrees to comply with said Federal Requirements and all federal requirements applicable to the Project.

Contractor shall comply with all applicable state and local codes, ordinances, and other applicable laws, all applicable CDBG program requirements and any amendments hereafter to CDBG program guidelines and requirements.

12.0 SECTION 3 ECONOMIC OPPORTUNITIES COMPLIANCE
Contractor acknowledges that this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

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City and Contractor agree to comply with HUD’s regulations in 24 CFR Part 135 (“Part 135”), which implement Section 3. As evidenced by their execution of this Agreement, City and Contractor certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

Contractor agrees to send to each labor organization or representative of workers with which Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of Contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with Part 135 regulations, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after Contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor’s obligations under 24 CFR Part 135. Contractor will execute the “Section 3 Economic Opportunity Report,” included in Exhibit A, and understands its obligations thereunder.

Contractor understands that noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD-assisted contracts.

13.0 MISCELLANEOUS PROVISIONS

13.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of West Covina
1444 West Garvey Avenue South
West Covina, CA 91790
Attn: City Engineer
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To Contractor: Onyx Paving Company, Inc.
22707 La Palma Avenue
Yorba Linda, CA 92887
Attn: Corey R. Kirschner

13.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

13.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

13.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such unenforceability shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

13.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow any person to work under this Agreement unless such person is properly documented and may legally work within the United States.

13.6 Unfair Business Practices Claims. Consistent with California Public Contract Code Section 7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) and under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment becomes effective when the City renders final payment to Contractor without further acknowledgment by the parties.

13.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

13.8 Legal Responsibilities. Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall Project No. 25001
19 Rev. 02-2025
be liable at law or in equity as a result of Contractor’s failure to comply with this Section.

13.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS.]
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Corey R. Kirschner
Chief Executive Officer
ATTEST:
________________________________
Lisa Sherrick, CMC
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________ Date: ________________________ Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
____________________________________ Date: ________________________ Karen Ogawa
Finance Director

EXHIBIT A

FEDERAL REQUIREMENTS
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT B
CONTRACTOR’S PROPOSAL
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT C

CERTIFICATES OF INSURANCE
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT D
BONDS
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]
ATTACHMENT NO. 3
RESOLUTION NO. 2026-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (RESIDENTIAL
STREET REHAB FY 2024-25)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 17, 2025, the City Council adopted a budget for Fiscal Year 2025-26; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2026-21, attached hereto as Exhibit A, for Fiscal Year 2025-26.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of March, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-21 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of March, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-21
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 237 – SB 1
Revenue 3,637,696 0 3.637.696
Expenditures 4,875,000 218,807 5,093,807
Net Change in Fund Balance ($1,237,304) 218,807 ($1,456,111) REVENUE TOTAL INCREASE 0
EXPENDITURE TOTAL INCREASE 218,807
AGENDA ITEM NO. 7

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: PUBLIC HEARING REGARDING THE PROGRAM YEAR (PY) 2026 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN
RECOMMENDATION:

It is recommended that the City Council:

1. Conduct a public hearing regarding the PY 2026 CDBG Action Plan; and Direct staff to develop a draft PY 2026 CDBG Action Plan, based on the needs and priorities approved for the PY 2025-2029 Consolidated Plan.

2. BACKGROUND:

The City receives an annual grant of CDBG funds from the U.S. Department of Housing and Urban Development (HUD). CDBG is a federal program with an overall objective of developing viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities principally for low- and moderate-income persons.

According to 24 CFR 570.4, the policies and procedures used to determine CDBG allocations are described in Sections 106 and 107 of the Housing and Community Development Act of 1974. For the Entitlement Program, there are two formulas: "A" and "B". HUD calculates the amount of funds that each entitlement grantee would receive under each of the two formulas. Formula A allocates funds to a jurisdiction based on its metropolitan area’s share of three factors across all US metropolitan areas. The factors are:

1. Population, weighted at 25%;

2. People in poverty, weighted at 50%; and

3. Housing overcrowding, weighted at 25%.

Formula B also allocates funds to a jurisdiction based on its metropolitan area’s share of three factors across all US metropolitan areas, but the factors are somewhat different.  The Formula B factors are:

1. Population growth lag since 1960, weighted at 20%;

2. People in poverty, weighted at 30%; and

3. Pre-1940 housing units, weighted at 50%.

After HUD runs the calculations using the two formulas, it allocates the grantee the larger amount of the two. However, because HUD uses the larger amount, when it adds all the grantees’ allocations together, the total is higher than the amount of CDBG funding available for the Entitlement Program. So, HUD must recalculate the figures using a pro-rata reduction to reduce the total to the funding level for the Entitlement Program.

The City of West Covina utilizes CDBG funds for the Domestic Violence Victim Advocate, Senior Meals Program, the Home Preservation Program, the Business Assistance Program, public infrastructure projects, and to fund various public service providers (i.e., food banks, homeless advocates, meals on wheels, etc.).

As a condition of receiving the funds, HUD requires the City to prepare an annual Action Plan, which details the activities the City plans to undertake with the funds in the respective year. This Action Plan must be consistent with the five-year CDBG Consolidated Plan, which is a strategic and visioning document on the use of these funds. As a basis for the Consolidated Plan, an assessment and prioritization of community needs, relative to the use of CDBG funds, was required. The categories of community need identified in the current Consolidated Plan are: (1) Economic Development, (2) Homelessness, (3) Infrastructure Improvements, (4) Owner Occupied Housing, (5) Public Facilities, (6) Non-Homeless Special Needs, (7) Public Services, and (8) Rental Housing. Attachment No. 1 describes each category.

To facilitate prioritization and to evaluate the categories, HUD utilizes four levels of priority: High, Medium, Low, and No Such Need. A High Priority means that activities in that category will be funded by CDBG funds. A Medium Priority means activities in that category may be funded by CDBG funds. A Low Priority means CDBG funds will not be used to fund activities in a particular category.

Table 1 shows the PY 2025-2029 CDBG Consolidated Plan prioritization approved on May 20, 2025.

Table 1
PY 2025-2029 Consolidated Plan Priorities
Categories of Need Priority Level
Economic Development High
Homelessness High
Infrastructure Improvements High
Owner Occupied Housing High
Public Facilities High
Rental Housing High
Public Services Medium
Non-Homeless Special Needs Medium
The categories shown as "Medium" and "Low" do not indicate that these are not priorities of the City of West Covina, but with limited CDBG funds, the City Council determined these as the priorities for CDBG funding.

DISCUSSION:

This is the first of two public hearings required by HUD for the adoption of the PY 2026 Action Plan. The purpose of this hearing is to provide an opportunity for citizen input relative to the identification and prioritization of community needs that may be addressed with CDBG funds in PY 2026. Because this hearing occurs prior to the publication of the draft Action Plan, it is referred to as the Pre-Development Hearing.

This public hearing is also the opportunity for the City Council to consider changing the prioritization of community needs for the PY 2026 Action Plan. The City Council retains the ability to fund all priorities as part of the City’s annual budget process and to modify/change priorities of the Categories of Need. The City has not been notified of its PY 2026 allocation as of the writing of this report.

Staff is seeking authorization to draft the PY 2026 Action Plan, based on the priorities established in the five-year Consolidated Plan for PY 2025-2029. Once staff receives such authorization, staff can begin drafting the Action Plan as well as the process of evaluating public service providers and possible capital projects. Once drafted, the Action Plan will be made available for a required 30-day public review period.

Following the review period, the draft will be presented to City Council for consideration in a public hearing.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report.

OPTIONS:

The City Council has the following options:

1. Approve staff recommendation; or

2. Provide alternative direction.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Descriptions of Categories of Need in Table 1 Attachment No. 2 - PY 2026 CDBG Action Plan Pre-Dev - Slides CITY COUNCIL GOALS & OBJECTIVES: Maintain and Enhance City Facilities and Infrastructure Maintain Good Intergovernmental Relations
Expand Economic Development Opportunities
Enhance City Image and Effectiveness
An Accessible Community
ATTACHMENT NO. 1
Descriptions of Categories of Need in Table 1,
Consolidated Plan Priorities
This attachment describes the Categories of Need shown in Table 1 of the staff report.

1. Economic Development: Activities to address these needs will be funded by the Community & Economic Development non-housing funds. Community & Economic Development activities and Business Assistance Program address this category of need.

2. Homelessness: The allocation of CDBG funds to public services can address a portion of these needs.

3. Infrastructure Improvements: Improvements such as street rehabilitation and replacement of curbs and gutters

4. Owner-Occupied Housing: Owner housing needs will be addressed by the Housing Preservation Program (HPP).

5. Public Facilities: Public facilities may include: accessibility improvement or improvements to parks and recreation facilities and youth centers.

6. Rental Housing: Rental housing needs are addressed by the Section 8 rental assistance program and the affordable housing developments funded by the CED Low and Moderate Income Housing Fund.

7. Public Services: A high priority was assigned to public services because CDBG funds can help to address the needs of the elderly, frail elderly, youth and other low/moderate income populations. These needs can be addressed by the 15% allocation of CDBG funds to public services. (For example, public services may include: youth services, transportation services, and crime awareness.)

8. Non-Homeless Special Needs: The allocation of CDBG funds to public services can address a portion of the non-homeless needs. (Non-homeless special needs populations include: the elderly, persons with HIV/AIDS, disabled, homebound, and mentally ill).

CITY COUNCIL MEETING
MARCH 17, 2026
PUBLIC HEARING REGARDING PROGRAM YEAR (PY) 2026 COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) ACTION PLAN
City Manager’s Office
ATTACHMENT NO. 2

BACKGROUND
The City of West Covina has utilized these funds for:
 DomesticViolenceVictim Advocate (Police Department),
 Senior Meals Program
 Business Assistance Loan Program
 Housing Preservation Program
 Public Infrastructure Projects
 Public Services (i.e., food banks, meals on wheels, homeless)

PRIORITIZATION
PY 2025-2029

CONSOLIDATED
PLAN Categories of Need Priority Level
Economic Development High
Homelessness High
Infrastructure Improvements High
Owner-Occupied Housing High
Public Facilities High
Rental Housing High
Public Services Medium
Non-Homeless Special Needs Medium
Table 1
PY 2025-2029 Consolidated Plan Priorities

OPTIONS
The City Council has the following options:
 Approve staff’s recommendation.
 Provide alternative direction.

RECOMMENDATION
That the City Council direct staff to draft the PY 2026 Action Plan based on the PY 2025-2029 Consolidated Plan Priorities.

AGENDA ITEM NO. 8

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF PROPOSED AMENDMENT TO THE PROGRAM YEAR (PY) 2025

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN AND

ASSOCIATED BUDGET AMENDMENT
RECOMMENDATION:

It is recommended that the City Council take the following actions:

1.  Conduct a public hearing regarding the PY 2025 CDBG Action Plan; Approve the proposed amendment to the PY 2025 CDBG Action Plan to increase the funding for Project 25001- FY 24-25 Residential Street Rehabilitation; and

2. 3.  Approve the following resolution:

RESOLUTION NO. 2026-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (CDBG FY 2025 ACTION PLAN AMENDMENT - 25001)
BACKGROUND:

The City receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The overall objective of the federal program is to develop viable urban communities by providing decent housing and a suitable living environment, and expand economic opportunities principally for low and moderate income persons.

As a recipient of CDBG funds, the City is required to prepare an annual Action Plan which describes how funds will be used to achieve community development goals.  According to HUD regulations, these plans can be amended at any time, with proper notice and consideration in a public hearing.

The PY 2025 Action Plan was approved by the City Council on July 15, 2025.

DISCUSSION:

Project 25001- FY 24-25 Residential Street Rehabilitation was recently bid and CDBG-eligible costs are greater than the funding amount in the approved Action Plan. The proposed amendment consists of increasing funding to the currently approved activity, as described below:

Proposed Amendment to PY 2025 CDBG Action Plan
Proposed Amendment to PY 2025 CDBG Action Plan
No. Approved Activity
(Action Plan)
Approved Funding
(Action Plan)
Proposed
Amendment
Proposed
Increase
Proposed
Funding

1. Residential Street Rehabilitation
(25001 - FY 24-25 Residential
Street Rehabiliation)
$539,500 Increase
Funding $586,600 $1,126,100
The proposed amendment to the PY 2025 Action Plans requires a 30-day public review period, which began on February 13, 2026. No comments have been received as of the writing of this report. The proposed amendment to the Action Plan requires HUD approval.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report and the proposed resolution and approved them as to form.

OPTIONS:

The City Council has the following options:

1. Approve the staff recommendation; or

2. Provide alternative direction.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

The estimated CDBG portion of the budget for Project 25001 - FY 24-25 Residential Street Rehabilitation is $1,126,100.  The approved PY 2025 CDBG Action Plan includes $539,500  for Residential Street Rehabilitation.  Therefore, an additional $586,600 is needed to cover the estimated costs.

The attached budget amendment appropriates the additional funding.  CDBG is paid out on a reimbursement basis.  There is no impact on the General Fund resulting from this amendment.

Attachments
Attachment No. 1 - Resolution No. 2026-22
Attachment No. 2 - Amendment to PY 2025 CDBG AAP - Slides CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
ATTACHMENT NO. 1
RESOLUTION NO. 2026-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (CDBG FY 2025
ACTION PLAN AMENDMENT - 25001)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 17, 2025, the City Council adopted a budget for Fiscal Year 2025-26; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

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

SECTION 1. The City Council hereby approves Budget Amendment No. 2026-20, attached hereto as Exhibit A, for Fiscal Year 2025-26.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of March, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-22 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of March, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-20
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 236 – Measure A
Revenue 2,210,416 586,600 2,797,016
Expenditures 2,210,416 586,600 2,797,016
Net Change in Fund Balance 0 0 0
REVENUE TOTAL INCREASE 586,600 0
EXPENDITURE TOTAL INCREASE 586,600 0

CITY COUNCIL MEETING
MARCH 17, 2026
CONSIDERATION OF A PROPOSED AMENDMENT TO THE PROGRAM YEAR (PY) 2025

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN
ATTACHMENT NO. 2
PROPOSED AMENDMENT – PY 2025 ACTION PLAN
No. Approved
Activity
Approved
Funding
Proposed
Amendment
Proposed Funding

1. Residential Street Improvements
(25001 – 24-25 Residential Street
Rehabilitation)
$539,500 Increase Funding $1,126,100

RECOMMENDATION
That the City Council take the following actions:
 Approve the proposed amendment to the PY 2025 CDBG Action Plan  Approve Resolution No. 2026-22
AGENDA ITEM NO. 9

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: FISCAL YEAR 2025-26 CAPITAL IMPROVEMENTS PROGRAM (CIP) UPDATE RECOMMENDATION:

It is recommended that the City Council receive and file the Fiscal Year 2025-26 Capital Improvement Program (CIP) project status update.

BACKGROUND:

A Capital Improvement Program (CIP) is a plan, usually four to ten years, which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan. The plan provides a link to the annual budget. State planning law requires that the City Planning Commission review the CIP to ensure that it is consistent with the General Plan.

Project delivery is the key. As part of the process, the majority of the CIP projects that are fully funded are required to go through complex and often lengthy steps leading into their implementation and construction phase. The steps include: project planning, scope of improvements, preliminary cost estimating, design phase which often requires issuing a Request for Proposals (RFP) for design consultant selection, preparation of bid documents which comprises construction plans, specifications and cost estimates, authorization to bid, bidding, bid evaluation, recommendation for award of construction contract, and finally construction.

DISCUSSION:

The purpose of this report is to provide an update on the Capital Improvement Projects for the City including work completed in 2026 as well as projects underway as a part of the FY25/26 Capital Improvement Program (CIP).

LEGAL REVIEW:

The City Attorney’s Office has reviewed the staff report.

Prepared by: Robert Ortega Cip Project Manager
Attachments
Attachment No. 1- CIP FY2025--26 Update
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Expand Economic Development Opportunities
An Accessible Community

CITY COUNCIL MEETING
MARCH 17, 2026
ITEM #X – FY2025-26 CAPITAL IMPROVEMENTS PROGRAM (CIP) UPDATE Engineering Division
ATTACHMENT NO. 1

CAPITAL

IMPROVEMENTS

PROGRAM (CIP)
UPDATE
CIP Overview
Projects Completed
Projects Underway
Upcoming Projects

CAPITAL

IMPROVEMENT

PROGRAM

OVERVIEW
Capital Improvement Program (CIP)
Identifies capital projects and equipment purchases.

Is used for planning and scheduling construction and purchases.

Identifies options for funding and financing projects.

Is based on the City Council adopted annual budget.

CIP Phases
Planning/Environmental Review
Design
Purchasing/Procurement
Construction

PROJECTS COMPLETED
Senior Center Roof Replacement &
HVAC with UV Covid Treatment
System – April 2025

PROJECTS COMPLETED
2024 Annual Concrete Sidewalk
and Curb-Gutter Repair Program –
April 2025

PROJECTS COMPLETED
ADA Transition Plan – July 2025

PROJECTS COMPLETED
SCE Metal Streetlight
Replacement – August 2025

PROJECTS COMPLETED
FY23-24 Residential Street
Rehabilitation Project – August
2025

PROJECTS COMPLETED
BKK Detention Basin Remediation
– October 2025

PROJECTS COMPLETED
Fire Station 2 & 4 Flooring
Replacement – October 2025

PROJECTS COMPLETED
Citywide Pedestrian & Vehicle
Traffic Safety Improvements –
October 2025

PROJECTS COMPLETED
Palmview Park Roof Replacement –
October 2025

PROJECTS COMPLETED
Street Sweeping Signage
Installation Phase 1 – November
2025
Projects
Underway
Friendship Park Improvements
• Currently in design for improvements to the park including • Restroom improvements
• Basketball court and playground lighting improvements • ADA improvements throughout the park
• Design completed, bid document preparation in progress • Construction anticipated summer 2026
HSIP Cycle 10 – Citywide Traffic Signal Improvements
• Currently in construction at 10 intersection.
• Includes implementation of left turn phasing and various other improvements
• Grant funded as part of $3.8 million grant
• Project ahead of schedule and anticipated to be completed Spring 2026 SCE Underground District No. 8 – Merced Ave
• SCE led project to underground above ground utilities along Merced Ave between Orange Ave and Sunset Ave
• Anticipated completion in spring 2026
Southside Sewer Replacement (Phase 2)
• Phase 2 to completed sewer rehabilitation completed in 2025 • Increasing capacity of sewer lines in the shadow oak area • Construction anticipated to start in spring 2026
Fire Station 1 Replacement Design
• Design on hold pending completion of financial analysis of project
• Design for replacement of Fire Station 1 to the northwest corner of the Civic Center Campus
Cortez Park Pathway lighting
• Currently in construction with long lead time materials ordered. • Improving lighting along Cortez Park pathways and northern parking lot.
• Installing additional lighting around park with solar powered lights.
• Anticipated to begin construction in spring 2026
Projects
Underway
Azusa Sewer Lift Station Fence
• Fencing installation near completion. Pending site landscaping. • Installing fencing around recently completed lift station improvements for security
• Anticipated to be completed in spring 2026
Sportsplex Pour & Play Replacement
• Currently in design phase
• Completing repairs to pour & play rubberized surfaces at both playgrounds at Sportsplex
• Construction anticipated to be completed in Summer 2026 City Hall ADA Improvements Design
• Currently in design phase
• Proposing improvements to meet ADA standards for the City Council Chamber, City Hall Elevators, and 2nd & 3rd floor restrooms in City Hall
• Design anticipated to be completed in spring 2026 and begin phased construction in 2026
Projects
Underway
Citrus at Cameron Signal Design
• Currently in design
• Design will implement a 4-way traffic signal at the intersection of Citrus and Cameron including left turn phasing and a rest on red • Construction pending identification of funding
ATP Cycle 6 – Safe Routes to School
• Currently in design
• Traffic improvements at schools throughout the City
• Part of a $2.6 million grant secured by the City
• Construction pending completion of design and approval from Caltrans. Anticipated in late 2026.

Azusa Corridor Signal Synchronization
• Currently in design phase
• Proposing improvements to meet ADA standards and provide signal synchronization for improved traffic mobility along the Azusa Ave corridor
• Part of a $7 million grant secured by the City
• Design anticipated to be completed in summer 2026 with Caltrans approval to go to bid in Fall 2026
Projects
Underway
Annual Concrete Sidewalk and Curb-Gutter Repair FY 25-26 • Currently in construction phase
• Improvements to concrete sidewalk, curb-gutter, and driveways throughout the City
• Includes resident requested repairs and ADA improvements • Anticipated to begin construction in Spring 2026
FY24-25 Street Rehabilitation
• Currently in construction phase
• Improvements to pavement in zone 12 as identified by the City Pavement Management Plan (PMP)
• Includes CDBG funding to complete improvements in Zone 1 of PMP • Anticipated to begin construction in Summer 2026.

Citywide Pedestrian & Vehicle Traffic Safety Improvements FY25-26
• Currently in design phase
• Improvements to install citizen request approved by the Traffic Committee and City Council
• Anticipated completion in Summer 2026
Projects
Underway

UPCOMING CIP PROJECTS
Del Norte Park
Improvements
Trash Capture Device
Installation
Orangewood Park
Improvements
FY25-26 Street
Rehabilitation
Sewer Master Plan
Update
Street Underpass Pump
Replacement
West Covina Parkway
Median Improvements
Street Sweeping Sign
Installation Phase 2
Cameron Avenue
Complete Streets
Improvements ($1
million federally funded)
HSIP Cycle 12 Traffic
Signal improvements
($4.7 million grant
funded)
Measure M MSP Cycle
3 Bus Shelter & traffic
improvements ($1.7
million grant funded)
Thank you
&
Questions
AGENDA ITEM NO. 10

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 17, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF RESOLUTION OF CENSURE CONCERNING

COUNCILMEMBER BRIAN GUTIERREZ
RECOMMENDATION:

It is recommended that the City Council:

1. Consider whether to adopt a Resolution of Censure concerning Councilmember Brian Gutierrez based upon the findings contained in the Confidential Investigation Report prepared by Gemelli Employment Law dated February 26, 2026; and

2. If the City Council elects to proceed with adoption of a Resolution of Censure, conduct discussion and take any action deemed appropriate in open session.

BACKGROUND:

The City of West Covina operates as a general law city under the council-manager form of government.

Under this structure, the City Council serves as the legislative body responsible for establishing municipal policy, adopting ordinances and resolutions, approving the budget, and setting overall strategic direction.

The City Manager serves as the City’s chief administrative officer and is responsible for the day-to-day administration of City operations and the supervision of City staff.

On September 16, 2025, during a duly noticed City Council meeting, concerns were raised by members of the City Council regarding alleged unprofessional conduct among certain Councilmembers. Rather than proceed with a motion to censure at that time, the City Council voted unanimously to retain an independent third-party investigator to review the concerns raised. The City Council also voted unanimously to pre-waive the confidentiality of the investigation report and make the report public.

On September 22, 2025, the City Council retained Gemelli Employment Law to conduct an independent investigation into:

Concerns raised by Mayor Letty Lopez-Viado and Councilmember Tony Wu regarding Councilmember Brian Gutierrez;
Concerns raised by Councilmember Brian Gutierrez regarding Mayor Lopez-Viado and Councilmember Wu; and
Concerns raised by Councilmember Gutierrez alleging he was treated unfairly because of his disability.

The resulting Confidential Investigation Report is dated February 26, 2026.

The resulting Confidential Investigation Report is dated February 26, 2026.

On March 3, 2026, during a duly noticed City Council meeting, the City Council considered the agenda item titled “Review of Investigation Report Prepared by Gemelli Employment Law Regarding Concerns Raised by Councilmembers at the September 16, 2025 Council Meeting.” During that meeting, the City Council received and filed the investigation report.

As part of that same agenda item, the City Council also directed staff to agendize a censure hearing in response to the investigation report for consideration at a future City Council meeting. The vote on that direction was three in favor (Councilmembers Wu, Lopez-Viado, and Diaz), one opposed (Councilmember Gutierrez), one abstaining (Councilmember Cantos).

The investigation report summarizes evidence gathered during an independent investigation into concerns raised regarding conduct occurring during the course of City governance. Among its findings, the report includes a sustained finding that Councilmember Brian Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating and retaliatory.

Accordingly, the purpose of this agenda item is to allow the City Council to consider whether to adopt a Resolution of Censure concerning Councilmember Brian Gutierrez based upon the findings contained in the February 26, 2026 investigation report.

DISCUSSION:

Courts have recognized that legislative bodies possess the authority to formally express disapproval of the conduct of their members through resolutions of censure. The United States Supreme Court has explained that a legislative censure is generally understood to constitute speech by the governing body itself regarding the conduct of one of its members. In  Houston Community College System v. Wilson, the Court held that a purely verbal censure of an elected official by fellow members of the same governing body does not ordinarily give rise to a First Amendment violation where the censure does not remove the official from office, deny the official any privileges of office, or otherwise prevent the official from performing the duties of the elected position.  Houston Cmty. Coll. Sys. v. Wilson, 595 U.S. 468, 479–83 (2022).

At the same time, courts have recognized that legislative bodies may not impose sanctions that interfere with an elected official’s ability to perform the functions of office or that restrict constitutionally protected speech. For example, the United States Supreme Court has held that a legislature may not exclude or refuse to seat a duly elected member based solely on the member’s political views or protected speech.

Bond v. Floyd, 385 U.S. 116, 135–37 (1966). Similarly, federal courts have recognized that actions taken against elected officials may raise constitutional concerns where the action materially impairs the official’s ability to perform the duties associated with the office or deprives the official of authority arising from the election itself.  Boquist v. Courtney, 32 F.4th 764, 776–79 (9th Cir. 2022).

Courts have also recognized that the First Amendment protects the ability of elected officials to communicate with government staff and advocate on behalf of constituents, and that restrictions on such communications must be narrowly construed to avoid infringing protected speech.  Levy v. City of Santa Monica, 114 Cal. App. 4th 1252, 1261–62 (2004).

Consistent with these principles, a resolution of censure functions as an expression of the legislative body’s views regarding the conduct of one of its members but does not remove the official from office, alter the official’s legal authority, or otherwise interfere with the official’s ability to perform the duties associated with the elected position.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report and the resolution and approved them as to form.

The City Attorney's Office has reviewed this staff report and the resolution and approved them as to form.

Prepared by: Thomas M. O'Connell, Outside Employment Counsel, Buchalter LLP Fiscal Impact
FISCAL IMPACT:

There is no direct fiscal impact associated with consideration of a resolution of censure. Any administrative or legal resources associated with preparation of the proposed resolution or related materials are within the scope of existing professional services previously authorized by the City Council.

Attachments
Attachment No. 1 - Confidential Investigation Report
Attachment No. 2 - Resolution of Censure
ATTACHMENT NO. 1
Table of Contents
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................................................................................................................ .......................................................................................................................... ................................................................................................................. ............................................................................................................................ 1 his Confidential Investigative Report (Report) summarizes relevant evidence and provides factual and policy findings regarding the allegations.
1 Complaints about Councilmember Brian Gutierrez. Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating . Sustained.

Complaints about Mayor Letty Lopez- Viado. Lopez-Viado engaged in unprofessional conduct that others reasonably perceived as intimidating or retaliatory. Not Sustained.

Complaints about Councilmember Tony Wu. Wu engaged in unprofessional conduct that others reasonably perceived as intimidating or retaliatory. Partially Sustained.

Disability Concerns: Gutierrez was targeted and treated unfairly because of his disability. Not Sustained.
2 3
2 3
4 5
6 7
4567

8 9
89 10
10 11
12 13
11 12
13 14
14 This concludes the investigation.

Respectfully Submitted,

ATTACHMENT NO. 2
RESOLUTION NO. 2026-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, EXPRESSING CENSURE

OF COUNCILMEMBER BRIAN GUTIERREZ
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, the City of West Covina is a general law city operating under the council-manager form of government, in which the City Council serves as the legislative body responsible for establishing municipal policy and the City Manager is responsible for the administration of City operations and the supervision of City staff; and WHEREAS, members of the City Council are expected to conduct themselves in a manner consistent with the orderly governance of the City and with the standards of professional conduct applicable to elected officials; and WHEREAS, on September 16, 2025, during a duly noticed City Council meeting, concerns were raised by members of the City Council regarding alleged unprofessional conduct among certain Councilmembers; and
WHEREAS, rather than proceeding immediately with a motion to censure, the City Council voted unanimously to retain an independent third-party investigator to review the concerns raised; and
WHEREAS, on September 22, 2025, the City Council retained Gemelli Employment Law to conduct an independent investigation into concerns raised among members of the City Council regarding conduct occurring in connection with City governance; and
WHEREAS, the investigation conducted by Gemelli Employment Law included interviews of witnesses, review of recorded City Council meetings, and review of documents and correspondence relevant to the concerns raised; and WHEREAS, Gemelli Employment Law prepared a Confidential Investigation Report dated February 26, 2026 summarizing the investigative process and the investigator’s factual findings; and
WHEREAS, on March 3, 2026, during a duly noticed City Council meeting, the City Council received and filed the investigation report prepared by Gemelli Employment Law; and
WHEREAS, the investigation report includes a finding, identified as “Sustained,” that Councilmember Brian Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating and retaliatory; and WHEREAS, the City Council has authority to take governance-based actions addressing the conduct of its members when such conduct affects the orderly functioning of the City’s legislative body; and
WHEREAS, a resolution of censure is a formal expression of the legislative body’s disapproval of conduct determined to be inconsistent with the standards expected of members of the legislative body, but does not remove the elected official from office and does not alter the official’s legal authority as a member of the City Council; and WHEREAS, prior to deliberation by the City Council, Councilmember Gutierrez was afforded an opportunity to address the City Council in open session regarding the matters described in the investigation report; and
WHEREAS, the City Council has reviewed the investigative materials and considered the findings contained in the February 26, 2026 investigation report.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby formally censures Councilmember Brian Gutierrez for conduct determined, based on the findings contained in the February 26, 2026 investigation report prepared by Gemelli Employment Law, to constitute unprofessional conduct that others reasonably perceived as intimidating and retaliatory.

SECTION 3. Through this Resolution of Censure, the City Council expresses its disapproval of such conduct and affirms its expectation that all members of the City Council will conduct themselves in a manner consistent with the standards necessary to maintain effective, respectful, and professional governance.

SECTION 4. The City Council further affirms the governance structure of the City under the council-manager form of government and the professional standards necessary for that structure to function effectively. Under this form of government, the City Council acts collectively as the legislative and policy-making body of the City. The City Council establishes municipal policy, adopts ordinances and resolutions, approves the budget, and sets the overall strategic direction of the City through action taken at duly noticed public meetings.

The City Manager serves as the City’s chief administrative officer and is responsible for the implementation of City Council policy, the administration of City operations, and the supervision and direction of City employees. Administrative authority flows from the City Council collectively to the City Manager, and from the City Manager to department heads and City staff.

Because City employees operate within this administrative chain of command, the effective functioning of the council-manager form of government depends upon interactions between elected officials and City staff that are professional and free from conduct that could reasonably be perceived as intimidating or retaliatory. Conduct of that nature can undermine the ability of staff to carry out their administrative responsibilities and can interfere with the orderly functioning of municipal governance.

Consistent with this structure, individual Councilmembers do not possess independent authority to direct City employees or to interfere with the administrative operations of the City. The City Council therefore reaffirms its expectation that interactions between Councilmembers and City staff occur in a manner that respects the City’s governance structure and supports the effective, professional, and orderly administration of City government.

SECTION 5. Nothing in this Resolution removes Councilmember Gutierrez from office, limits his legal authority as a duly elected member of the City Council, or otherwise alters the powers or duties assigned to members of the City Council under applicable law.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 17th day of March, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-30 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 17th day of March, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk