Ordinance 24-08 Page 4 of 4
PASSED, APPROVED and ADOPTED this __ day of ____, 2024.
City Council of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
____________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
_________
CANDICE K. LEE, City Attorney
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 24-08 was introduced for first reading at a REGULAR meeting on the __ day of _____, 2024.
Thereafter, said Ordinance was duly approved and adopted at a REGULAR meeting of said City Council on the __ day of _____, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: August 20, 2024
Title: Restaurant Lease Agreement – 114 E. Italia Street Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Brian K. Lee, Director of Community Development
Recommendation: That the City Council:
1. Approve a lease agreement with Union Restaurant Group for the operation of a restaurant at 114 E. Italia Street; and
2. Authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
In April 2024, the City issued a Request for Proposals (“RFP”) for prospective restaurant operators for the lease of a City-owned commercial property at 114 E. Italia Street. The RFP notice was placed on the City’s website and on a commercial property brokerage listing service. Three (3) restaurant concept proposals were received in response to the RFP.
Following a review of the prospective operators and restaurant concepts, it is recommended that the City Council consider authorizing a 5-year lease agreement of the space with Union Restaurant Group, LLC (“Union”). The proprietor of Union, Marie Petulla, is an acclaimed restauranteur in the Los Angeles region, operating several well-known restaurants in the greater Los Angeles area. As proposed, Union’s newest restaurant, Rosalie, will feature the brand’s well-known pastas, pizzas and sandwiches in a free-flowing, comfortable dining space. The addition of Rosalie presents a unique opportunity for the City Council to enhance the Downtown district’s appeal as a food/entertainment destination in the San Gabriel Valley.
BACKGROUND:
Founded in 2014, Union Restaurant Group opened its doors in Pasadena using a concept that highlights local sustainability and simplicity. Union’s brand offers a proven model of success, with an ethos that is dedicated in encapsulating local neighborhoods. Since opening, Union Restaurant has been regularly recognized as a culinary destination, including receiving a Michelin Bid Gourmand rating, an award given to restaurants that offer highquality food at reasonable prices.
Over the last ten years, Union’s footprint has expanded to include Knead Pasta Bar + Market in Grand Central Market - Downtown Los Angeles and U-Street Pizza in Pasadena. Both locations feature a variety of Italian dishes, including fresh pastas, sandwiches and pizzas. Additionally, both restaurants offer the warmth and personality of Union Restaurant, providing a sense of community in the neighborhoods they serve and highlighting sustainability throughout their menus.
Union is led by Marie Petulla, who draws on two decades’ experience in restaurant hospitality and is widely known as a champion for women in the food industry. Ms. Petulla is joined by Director of Operations, Logan Bates, who served in a variety of restaurant roles for restaurant brands like Eureka, Trejo’s Tacos, Jon and Vinny’s and Union. As noted in its proposal, Rosalie’s marketing strategy will leverage Union’s brand recognition through in-person interactions and its existing social media/web presence that counts over seventy-five thousand followers.
Proposed Lease Terms
The space at 114 E. Italia consists of roughly 1,406 square feet, including a dining area, commercial kitchen, storage and restroom areas. The terms in the attached agreement have been reviewed by both parties and include the following:
Term: Five (5) years, running from October 1, 2024 through September 30, 2029 with two (2) optional 5- year extension terms;
Rental Rate: ~$2.25 per square foot or $3,163.50 per month; Annual Rent Increases: Not-to-exceed the change in the CPI-All Urban Consumers Los Angeles Region following Year 1 and annually thereafter;
Rental Forgiveness: Following the City’s completion of improvements to provide an operable restaurant space (scheduled for September 2024), ten (10) months, running October 1, 2024 through July 31, 2025 to provide operator with adequate time to complete permitting from the City, County Department of Public Health and State Alcohol Beverage Control and build-out activities. Such request is consistent with the local market for commercial leases;
Security Deposit: Equal to one-month’s rental rate ($3,163.50); Utilities: Responsibility of operator;
Insurance, Other Expenses: Operator shall be responsible for insurance and other expenses, including obtaining its alcohol beverage control license and taxable possessory interest, if required; Site Improvements: The City agrees to complete the following site improvements at the property – within thirty (30) days, weatherize existing outdoor patio space including framing/glazing; fence/pave four (4) parking stalls adjacent to the existing building to create an expanded outdoor cocktail/appetizer space; complete miscellaneous electrical, plumbing and ventilation improvements to provide operator with a vanilla shell prior to move-in. As anticipated, work would begin in September 2024.
The prospective operator has included renderings of the proposed space which are included in Attachment A. It is expected that the restaurant will open roughly 120 days following the execution of the lease agreement.
FISCAL IMPACT:
The proposed lease agreement will generate roughly $34,800 per year, beginning in Fiscal Year 2025-26.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
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12923-0001\3000956v3.doc ATTACHMENT A
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Agreement” or “Lease”) is dated August 20, 2024 and is entered into by and between the CITY OF COVINA, a California municipal corporation (“Landlord”), and UNION RESTAURANT GROUP, a California limited liability company (“Tenant”). Landlord and Tenant are sometimes individually referred to as “Party” and collectively as the “Parties.”
RECITAL
A. Tenant desires to lease from Landlord, and Landlord desires to lease to Tenant,, the property commonly known as 114 E. Italia St., Covina, CA (which is a portion of Assessor Parcel No. 8445-001-905) more particularly described on Exhibit “A” (the “Premises”) for use as a restaurant upon and subject to the terms and conditions hereinafter set forth.
B. Landlord desires to so lease the Premises to Tenant in order to increase job opportunities in the City and promote economic growth.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants hereinafter contained and for other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERMS
1.1 Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord on the terms and conditions hereinafter set forth in this Agreement.
1.2 Term. The term of this Agreement shall commence on September 1, 2024 (“Term Commencement Date”) and shall expire on September 30, 2029, as may be extended by Landlord Delays (defined in Section 1.15 below).
1.3 Rent; Annual Adjustments. Commencing on August 1, 2025 (as extended by Landlord Delays), Tenant shall pay to Landlord a base rent (“Base Rent”) of Three Thousand One Hundred and Sixty-three and 50/100 Dollars ($3,163.50) per month, increased on each anniversary of the Rent Commencement Date by a percentage equal to the percentage increase in the Consumer Price Index (All Urban Consumers---Los Angeles area, as published by the U.S. Bureau of Labor Statistics) from the Rent Commencement Date until the first Adjustment Date, as determined in good faith by Landlord, and thereafter from the previous Adjustment Date until the next Adjustment Date, as determined in good faith by Landlord. Landlord shall endeavor to notify Tenant in writing thirty (30) days prior to each Adjustment Date of the increased monthly rent, but if not timely notified, Tenant shall continue to pay monthly rent at the previous rate, and then when so notified, Tenant shall pay monthly rent at the new rate and also any past-due rent at such new rate.
All monthly Base Rent payments shall be due and payable on the first day of each calendar month without offset or deduction or prior demand or notice.
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All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be rent (“Rent”).
1.4 Security Deposit. Concurrently with its execution and delivery to Landlord of a counterpart original of this Lease, Tenant shall deliver to Landlord the sum of Three Thousand One Hundred and Sixty-three and 50/100 Dollars ($3,163.50) as a security deposit for Tenant’s obligations under this Lease. Landlord shall not be obligated to invest or pay interest on said security deposit.
If Tenant defaults under this Lease, Landlord may use all or any part of such deposit for the payment of any amount in default, to cure any other default or to repair damages to the Premises caused by Tenant. In the event that Landlord uses any portion of the deposit pursuant to this Section, Tenant shall, within five (5) days after written demand therefor, deliver to Landlord an additional cash deposit, restore such cash deposit to the required amount, and Tenant’s failure to do so shall be a payment default. In the event Landlord uses any cash deposit as provided in this Section, such action shall not constitute a waiver of any other rights or remedies which Landlord may have by virtue of Tenant’s default. TENANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1950.7 TO THE EXTENT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
1.5 Utilities. Tenant shall be solely responsible for all utilities and establishing utility service to the Premises with all utility providers. Tenant shall pay directly to utility providers all amounts for electricity, gas, water, sewer, trash disposal, cable, telephone and other utility services used on or for the Premises. Tenant shall pay all initial utility deposits and fees, and all monthly service charges for electricity, gas, water, sewer, trash disposal, cable, telephone and any other utility services furnished to the Premises and the improvements on the Premises during the entire Term of this Lease. If any such services are not separately metered or billed to Tenant but rather are billed to and paid by Landlord, Tenant will pay to Landlord its pro rata share of the cost of such services, as determined by Landlord, together with its pro rata share of the cost of making such determination. Landlord will not be liable for any reason for any loss or damage resulting from an interruption of any of these services.
1.6 Permitted Use; Tenant’s Operation of Restaurant Business. Tenant’s shall use the Premises as a full service restaurant, open at a minimum for dinner at least five (5) days per week.
Tenant shall continuously during the entire term hereof conduct and carry on Tenant’s business in the Premises and shall keep the Premises open for business and cause Tenant’s business to be conducted therein in accordance with sound business practices; provided, however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued thereon on account of damage or destruction, strikes, lockouts or similar causes beyond the reasonable control of Tenant. The restaurant may, but shall not be required to be, open on New Year’s Day or other holidays.
Tenant shall keep the Premises adequately stocked with merchandise, and with sufficient sales personnel, to care for the patronage and conduct said business in accordance with sounds business practices.
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1.7 No Relocation Benefits. Tenant hereby acknowledges that Tenant was not an occupant of the Premises at the time the Premises were acquired by Landlord. Tenant further understands and agrees that as a “post-acquisition tenant,” as that term is defined in Cal. Code Regs., Title 25, § 6034(b)(1), Tenant is not eligible and furthermore waives all claims for relocation assistance and benefits under federal, state or local law. For purposes of this section “relocation assistance and benefits” shall mean the payment of relocation expenses and payment of just compensation, severance damages, unlawful pre-condemnation conduct, inverse condemnation and any other compensation, benefits and reimbursements.
Tenant’s Initials
1.8 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of any payment under this Agreement or any other sums due hereunder will cause Landlord to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any payment, or any other sum due from Tenant to Landlord is not received by the Landlord within five (5) days after such amount is due, whether or not any notice of default or another notice has been given, Tenant shall pay a late fee equal to five percent (5%) of all delinquent amounts. The parties hereby agree that such interest charges represent a fair and reasonable estimate and liquidation of the costs and damages Landlord will incur and suffer by reason of late payment by Tenant, and that such costs and damages are impractical to determine with specificity. Landlord’s acceptance of payment of such fees (or any other payments or partial payments) shall not constitute a waiver of Tenant’s default with respect to the overdue sum, or prevent Landlord from exercising any of its other rights and remedies under this Lease. In the event that any check or other instrument of payment given by Tenant to Landlord is dishonored for any reason, the Landlord may charge a returned check fee.
1.9 Obligation to Refrain from Discrimination. Tenant covenants and agrees for itself that there shall be no discrimination against or segregation of any person, or group of persons on account of sex, handicap status, marital status, race, color, religion, creed, national origin or ancestry in the lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises nor shall the Tenant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, or sublessees of the Premises.
1.10 Waste and Nuisance. Tenant shall not commit any waste on or about the Premises, nor commit or maintain any public or private nuisance on or about the Premises. Tenant shall use its best efforts to prevent any third party from committing any waste on or about the Premises, or from committing any public or private nuisance on or about the Premises.
1.11 Compliance with Laws, Rules, Regulations. Tenant shall at all times comply with the requirements of local, state and federal laws, rules, orders and regulations now in force or which may hereinafter be in force (“Regulations”), including new Regulations and changes in Regulations, including any that require improvements to the Premises that are based on or relate to Tenant’s use of the Premises. In order to comply with the Regulations, Tenant shall obtain, at its sole cost and expense, all licenses, permits and approvals that the Regulations require for the use or operation of the Premises. The Tenant shall maintain all licenses, permits and approvals
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throughout the Term of this Agreement. Tenant shall be obligated to make any changes required by the Americans With Disabilities Act.
1.12 Restrictions on Use of Premises. Tenant shall not occupy or use, or permit the Premises or any part thereof to be occupied or used, for any unlawful or illegal business, use or purposes, nor for any business, use or purposes which is disreputable or extra-hazardous. Tenant shall immediately upon discovery of any such unlawful, illegal, disreputable or extra-hazardous use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove occupants or other persons guilty of such unlawful, illegal, disreputable or extrahazardous use.
1.13 Repairs and Maintenance. Tenant shall maintain the grease trap in good condition and repair and Tenant shall maintain all other parts of the Premises in good, clean condition and repair and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for making major repairs (i.e., water heater replacement, plumbing problems, electrical, cosmetic, roofing repairs, grease trap, etc.) and shall be responsible for any damages (including vandalism) caused by the negligence or willful misconduct of Tenant, Tenant’s officials, officers, employees, volunteers, agents, invitees, guests, or any third party. Landlord shall not maintain the Premises during the term of this Agreement.
Landlord shall not be required to pay for any improvements or alterations.
1.13.1 Graffiti. In addition to any other maintenance obligation herein, Tenant shall be responsible for the prompt removal of any graffiti on the Premises after Tenant is provided notice that graffiti is present thereon. Within forty-eight (48) hours after Tenant is provided notice that graffiti is present on the Premises, Tenant shall remove any graffiti by either painting over the vandalized area with a paint that has been color-matched to the surface on which the paint is applied, or by use of solvents, detergents or water as appropriate. If such graffiti is not removed within the required forty-eight (48) hours by Tenant, Landlord shall have the right to enter on or upon the Premises to remove the graffiti. Tenant shall reimburse any sum expended by Landlord to remove the graffiti.
1.14 Condition of Premises. Tenant acknowledges that it has examined the Premises and shall take possession of same in an AS-IS condition, subject to Landlord’s Work described in Section 1.15 below. Tenant acknowledges and agrees that Landlord has made absolutely no representations, guarantees or warranties regarding the Premises, nor has Landlord made representations, guarantees or warranties regarding whether the Premises and improvements thereon comply with applicable covenants and restrictions of record, building codes, ordinances or statutes in effect at the commencement of this Agreement.
The subject Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy; of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection,
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and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. In that regard, the parties agree that Tenant shall pay any such inspection fees and the cost of making any such repairs.
1.15 Landlord Work; Landlord Delays. Landlord shall, at Landlord’s cost, complete the improvements described on Exhibit “B” attached hereto (“Landlord Work”) on or before November 7, 2024, as extended by delays beyond the control of Landlord (“Landlord Work Deadline”). If Landlord does not timely complete the Landlord Work by the Landlord Work Deadline, or if the Landlord Work materially delays the completion by Tenant of improvement work by Tenant in the Premises as shown by reasonable evidence delivered to Landlord, then the Rent Commencement Date and the expiration date of the term of this Lease shall both be extended by each day of delay in completion beyond the Landlord Work Deadline and by any material delays in the Tenant’s improvements caused by the Landlord Work.
1.16 Damage or Destruction of Premises. Unless as the result of negligence or intentional unlawful act of Tenant, if during the term of this Agreement, any portion of the Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Premises untenable, the obligations under this Agreement may be suspended while such portion of the Premises remains untenable. In the event of such damage, Tenant shall give Landlord notice of such untenable conditions and the Landlord shall elect in its sole discretion, whether to repair the Premises or to cancel this Agreement with respect thereto. Landlord shall notify Tenant in writing of its election within thirty (30) days after service of notice by Tenant. In the event that Landlord elects not to repair the Premises or portion thereof, this Agreement shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).
1.17 Alterations and Additions. Tenant may make not make any alterations, improvements or additions in, about or to the Premises, except for reasonable tenant improvements for a restaurant that do not affect structural portions of the building, and for which Tenant obtains all required governmental approvals and permits, including City of Covina’s issuance of any governmental approvals and permits required by the City’s municipal code. All such improvements must comply with applicable laws and permits.
1.18 Entry and Inspection. Tenant shall permit Landlord or Landlord’s agents to enter the Premises at all times upon reasonable prior oral or written notice (or without notice, in the event of an emergency) for the purpose of inspecting the Premises, for maintaining and making necessary repairs, restorations and replacements to the Premises that are Landlord’s responsibility, and for otherwise determining Tenant’s compliance with this Agreement, and to address any emergency (but shall not be obligated to do so).
1.19 Assignment and Subletting. Tenant shall not assign or encumber this Agreement or sublet the Premises without the prior written approval of Landlord, in its sole and absolute discretion. A conveyance, in one transaction or a series, of 50% or more of the ownership of Tenant, or a change in the control of Tenant, shall be deemed an assignment of this Lease that requires such Landlord approval.
1.20 Assumption of Risk, Waiver, and Landlord’s Non-liability. To the maximum extent allowed by law, except for Landlord’s willful or actively negligent acts, Tenant assumes
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any and all risk of loss, damage or injury of any kind to any person or property which is on or about the Premises. Tenant’s assumption of risk shall include, without limitation, loss or damage caused by defects within the Premises or any fixture therein, accident, fire or other casualty on the Premises. To the maximum extent allowed by law, except for Landlord’s willful or actively negligent acts, Tenant hereby waives all claims and demands against Landlord, its officials, officers, employees, volunteers and agents for injury to persons, damage to property or any other interest of Tenant sustained by Tenant or any person claiming to be Tenant resulting from any occurrence on or about the Premises.
Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes or judicial decisions of similar effect. The provisions of this Section shall survive the termination of this Agreement.
Tenant’s Initials
1.21 Indemnification. Tenant agrees to defend (in accordance with Section 1.22), indemnify and hold harmless Landlord and its officials, officers, employees, volunteers and agents (collectively, “Indemnified Parties”) from and against any and all claims (including any and all claims relating to or arising from Tenant’s possession, use, occupancy, management, operation, repair, maintenance or control of the Premises, or any portion thereof), losses, damages, liabilities, costs and expenses (including attorneys’ fees) arising by reason of: (i) the death or injury of any person or persons, including Tenant or any person who is an employee, agent, guest, or customer of Tenant, or by reason of the damage or destruction of any property, including property owned by Tenant or any person who is an employee, agent, guest, or customer of Tenant, and caused or allegedly caused by either the condition of said premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, sublessees, guest, or customer of Tenant on the Premises; (ii) the willful or negligent act or omission of Tenant or Tenant’s officials, officers, employees, volunteers, agents, guests, licensees, invitees, or subtenants (if applicable); (iii) the breach, default, violation or nonperformance of this Agreement by Tenant; (iv) the Tenant’s failure to comply with any requirement of local, state or federal law or any requirement imposed by Landlord or by any duly authorized governmental agency or political subdivision. Tenant must pay, satisfy and discharge any and all money judgments that may be recovered against any Indemnified Party in connection with the foregoing. Tenant’s obligation hereunder shall survive termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by any Indemnified Party. Tenant shall not be obligated to defend, indemnify or hold harmless any Indemnified Party to the extent any claim, loss, action, damage, liability, or expense (including attorneys’ fees) is ultimately determined to be the result of the negligent or willful misconduct of that particular Indemnified Party or any of its officials, officers, employees, volunteers or agents.
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1.22 Duty to Defend. Upon written request from an Indemnified Party, Tenant shall defend (with counsel acceptable to that Indemnified Party, in the Indemnified Party’s reasonable discretion) any claim, including any claim relating to or arising from Tenant’s possession, use, occupancy, management, operation, repair, maintenance or control of the Premises, lawsuit, administrative action or other proceeding brought against the Indemnified Party by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Agreement for which Tenant has an obligation to defend, Tenant shall pay all reasonable costs incident to such defense, including, but not limited to, attorneys’ fees, investigators’ fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. The obligations of Tenant pursuant to this Section shall survive the termination or expiration of this Agreement.
1.23 Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Premises is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Agreement. For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes,” or “restricted hazardous wastes,” or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.
1.24 Taxable Possessory Interest. Tenant acknowledges that the execution of this Agreement for the Premises creates a taxable possessory interest pursuant to Revenue Taxation Code Section 107, as amended from time to time, subjecting Tenant to pay any and all taxes levied on this interest in government owned real property. A taxable possessory interest exists when a person or entity has the right to a beneficial use of tax exempt, government owned real property whether Rent is paid or not. These possessory interest taxes are to be paid by Tenant directly to the County Tax Collector and shall be kept current, without delinquency. TENANT IS ADVISED
TO CONTACT THE COUNTY ASSESSOR PRIOR TO ENTERING INTO THIS
AGREEMENT FOR AN ESTIMATE OF THE POSSESSORY INTEREST TAX FOR THIS PROPERTY AND THE ACTUAL PAYMENT DUE DATES. PLEASE BE AWARE THAT THESE ESTIMATES ARE SUBJECT TO CHANGE. All possessory taxes are assessed yearly as of January 1st of each year. If the payment of the taxes become delinquent, Landlord may consider the failure to pay taxes owed a breach of this lease and grounds for termination. The person or entity in actual or constructive possession of the property on the lien date is liable for the tax for the entire year. There is no provision for proration of the taxes. Upon termination of the occupancy and thereby the taxable possessory interest, the Tenant is still responsible for the remaining portion of the tax bill through the end of that year.
1.25 Taxes. In addition to the possessory taxes described in Section 1.24 above, Tenant shall pay during the term of this Agreement, without abatement, deduction, or offset, any and all real and personal property taxes, general and special assessments, and other charges (including
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any increase caused by a change in the tax rate or by a change in assessed valuation) of any description levied or assessed during the term of this Lease by any governmental agency or entity on or against the Premises, personal property located on or in the Premises, or the leasehold estate created by this Agreement.
1.26 Surrender/Restoration. Tenant shall surrender the Premises by the expiration or earlier termination of this Agreement, with all of the improvements, parts and surfaces thereof broom clean and free of personal property and debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practices. Tenant shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, furnishings and equipment as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or groundwater contaminated by Tenant. “Trade Fixtures” shall mean Tenant’s machinery and equipment that can be removed without doing material damage to the Premises. All Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Landlord and be surrendered by Tenant with the Premises. “Alterations” are defined as modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Utility Installations” are defined as all floor and window coverings, air lines, power panels, electrical distribution, security and fire protection systems, communication systems, lighting fixtures, HVAC equipment, plumbing, and fencing in and on the Premises. Tenant hereby agrees that if any personal property or trade fixtures are not promptly removed, Landlord may dispose of them in any manner (or retain them) without liability or compensation to Tenant and Tenant hereby waives all contrary laws and statutes.
1.27 Holding Over. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease with the written consent of the City, such tenancy shall (unless otherwise expressly agreed in writing) be a month-to-month tenancy terminated by either party upon thirty (30) days’ prior written notice, but the Base Rent shall be one hundred and fifty percent (150%) of the Base Rent in effect as of the expiration or earlier termination of this Lease.
2. INSURANCE
2.1 Time for Compliance. Tenant may not enter the Premises until Tenant has provided evidence satisfactory to the Landlord (such as insurance certificates and endorsements) that Tenant has obtained all insurance required under this Section.
2.2 Insurance Requirements. Tenant shall, at its expense, procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, use, occupancy, management, operation, repair, maintenance or control of the Premises by the Tenant and/or its officers, officials, agents, representatives, volunteers or employees.
2.2.1 Minimum Scope of and Limits of Coverage. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Proof of Automobile Liability: Insurance business or personal auto coverage and (C) Workers’ Compensation and
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Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Tenant shall maintain limits no less than: (A) General Liability, $2,000,000 per occurrence for bodily injury, personal injury and property damage (if Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit); (B) Proof of business or personal Automobile Liability coverage for bodily injury and property damage; and (C) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $2,000,000 per accident for bodily injury or disease.
2.2.2 Fire Legal Liability and Extended Coverage. Tenant shall also procure and maintain, at its own expense, for the duration of this Agreement fire legal liability and extended coverage insurance for Tenant’s fixtures, goods, wares, or personal property on or in the Premises.
2.2.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Tenant or the primary insured shall provide endorsements on forms supplied or approved by the Landlord to add the following provisions to the insurance policies:
(a) General Liability. The general liability policy shall be endorsed to state that: (A) the Landlord, its directors, officials, officers, employees, volunteers and agents shall be covered as additional insurers with respect to the possession, use, occupancy, management, operation, repair, maintenance or control of the Premises by the Tenant and its officers, officials, agents, representatives, volunteers or employees; and (B) the insurance coverage shall be primary insurance with respect to the Landlord, its officials, officers, employees, volunteers and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Tenant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Landlord, its directors, officials, officers, employees, volunteers and agents shall be excess of the Tenant’s insurance and shall not be called upon to contribute with it.
(b) Automobile Liability. No endorsement required.
(c) Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Landlord and its officials, officers, employees, volunteers and agents for losses paid under the terms of the insurance policy which arise from work performed by the Tenant.
(d) All Coverages. The General Liability coverage required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Landlord; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Landlord and its officials, officers, employees, volunteers and agents.
2.2.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Landlord and its officials, officers, employees, volunteers and agents.
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2.2.5 Deductibles and Self-Insurance Retentions. Landlord may require that any deductibles or self-insured retentions must be declared to and approved by the Landlord. Tenant shall ensure that, at the option of the Landlord, either: (A) the primary insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Landlord, its directors, officials, officers, employees and agents; or (B) the primary insured shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
2.2.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:IV, licensed and admitted to do business in California, and satisfactory to the Landlord.
2.2.7 Verification of Coverage. Tenant shall furnish Landlord with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to the Landlord. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Landlord if requested. All certificates and endorsements must be received and approved by the Landlord. Landlord reserves the right to require complete, certified copies of all required insurance policies, at any time.
3. DEFAULT; TERMINATION.
3.1 Landlord. Without limiting its ability to seek other remedies (either at law or in equity) that may be available to it pursuant to statute or judicial decision, Landlord may terminate this Agreement and all of its obligations hereunder, at its option, upon the occurrence of any of the following:
3.1.1 Tenant’s breach of any of its non-monetary obligations under this Agreement and failure to cure such breach within thirty (30) days after delivery of written notice from Landlord or, if such cure cannot reasonably be completed within thirty (30) days, Tenant’s failure to commence such cure promptly within the thirty (30) days after delivery of written notice or failure to thereafter diligently prosecute such cure to completion; or
3.1.2 Tenant’s breach of any of its monetary obligations under this Agreement and failure to cure such breach within five (5) days after delivery of written notice from Landlord.
Any notices required to be given under this Section shall be in lieu of, and not in addition to, the notices required by California’s Unlawful Detainer Statutes (Civil Code of Procedure section 1161 et seq.) and may conform to the requirements thereof in terms of their form and contents.
If this Agreement is terminated pursuant to this Section 4, Tenant hereby expressly, knowingly and voluntarily waives any and all rights, benefits and/or assistance it may be entitled to receive from Landlord due to such termination, including, without limitation, loss of goodwill, inverse condemnation, or relocation assistance as provided for in California Government Code Sections 7260, et seq. and 42 U.S.C. Sections 4601, et seq.
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Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes or judicial decisions of similar effect.
3.2 Tenant. Tenant may terminate this Agreement upon Landlord’s breach of any of its obligations under this Agreement and Landlord’s failure to cure such breach within thirty (30) days after receipt of written notice from the Tenant or, if such cure cannot be completed within thirty (30) days, Landlord’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter diligently prosecute such cure to completion.
4. ENFORCEMENT OF AGREEMENT
4.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of Los Angeles, California, regardless of the order of the signatures of the parties affixed hereto. Any litigation or other legal proceedings that arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County of Los Angeles, California. Tenant consents to the personal jurisdiction and venue in federal or state court located within or for the County of Los Angeles, California and hereby waives any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.
4.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Landlord’s consent or approval of any act by Tenant requiring Landlord’s consent or approval shall not be deemed to waive or render unnecessary Landlord’s consent to or approval of any subsequent act of Tenant. Any waiver by any party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
4.3 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 any party of one or more of such rights or remedies shall not preclude the exercise by that party, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
4.4 Legal Action. In addition to any other rights or remedies, any party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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4.5 Attorneys’ Fees. If any party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs of suit from the losing party.
5. MISCELLANEOUS PROVISIONS
5.1 Construction; References; Captions. Since the parties or their agents have reviewed this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Tenant include all personnel, employees, agents, and subcontractors of Tenant, except as otherwise specified in this Agreement. All references to Landlord include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
5.2 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation herein. In no event shall the existing tenant have any right to enforce the terms hereof.
5.3 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing, addressed as specified below, and sent by prepaid, first-class certified mail to the address set forth below; however, Tenant may also personally deliver any written notice to Landlord by presenting the notice at the City Clerk’s office and having them date and time stamp it and give a copy of the date and time-stamped notice to Tenant then and there so Tenant can show it was so delivered. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section, or if hand delivered by Tenant to Landlord in accordance with this Section, then on the date stamped on the notice by the City Clerk. If notice is deemed received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
To Landlord: To Tenant:
CITY OF COVINA
125 E. College Street
Covina, CA 91723
Attention: City Manager
UNION RESTAURANT GROUP
____________________________
____________________________
____________________________
5.4 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement.
5.5 Time of Essence. Time is of the essence of every provision hereof in which time is a factor.
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5.6 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
5.7 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
5.8 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 so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.
5.9 Independent Representation by Counsel. The parties represent and declare that in executing this Agreement they rely solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently-selected counsel, concerning the nature, extent and duration of their rights and claims hereunder, and that, except as provided herein, they have not been influenced to any extent whatsoever in executing this Agreement, by any representations, statements or omissions pertaining to any of the matters herein contained by any party or by any persons representing any party.
5.10 Binding Effect. Subject to the restrictions on assignment by Tenant, this Agreement shall bind and inure to the benefit of the parties and their successors and assigns and successors-in-interest.
5.11 Reservation of Governmental Rights. Nothing in this Agreement is intended to waive or alter any city ordinances or any of the Landlord’s rights or powers as a governmental entity.
5.12 Memorandum of Lease. Concurrently with its execution of this Agreement, Tenant shall execute and deliver to Landlord, duly acknowledged, a counterpart of a Memorandum of Lease for this Agreement in the form attached as Exhibit “C”, and Landlord shall be entitled to execute and record it as required by law for municipal leases.
TENANT: LANDLORD:
UNION RESTAURANT GROUP,
a California limited liability company
By:
Print Name:
Title:
CITY OF COVINA,
a California municipal corporation
By:
_______________, City Manager
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ATTEST:
By:
________________, City Clerk
APPROVED AS TO FORM:
By:
Candice Lee, City Attorney
A-1
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EXHIBIT “A”
PREMISES
114 E. Italia Street, Covina, CA 91723
The Premises include a portion of APN 8445-001-905 and consist of an approximately 1,406 square foot restaurant and approximately 720 square foot covered patio.
The Premises are outlined on the attached diagram.
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EXHIBIT “B”
DESCRIPTION OF LANDLORD WORK
Demolish the existing “pony wall” of the existing covered exterior patio/dining area; Build a new “pony wall” structure around the perimeter of the existing covered patio/dining area, with glass “storefront” windows to create a “sunroom” space; Install a new ductless mini split air conditioner system for the existing covered patio/dining area;
Excavate the existing four (4) parking stalls south of the patio/dining area to result in the future outside “lounge” to result in the “finished grade” of the existing patio floor matching the finished floor of the new outside “lounge”; Construct a new 8’ to 10’ decorative fencing immediately south of the existing covered patio/dining area for use as an outdoor lounge. The outdoor lounge area will be approximately 300 square feet in area. Also to be constructed will be a “dry goods” storage area to be located immediately abutting the southerly wall of the existing kitchen. The “dry goods” storage area shall be concealed by the 8’ to 10’ decorative fencing design that is being constructed for the new outdoor lounge; Installation of pedestrian “path of travel” from the new outdoor lounge to the public sidewalk on Italia Street; and,
Electrical panel/circuit upgrade to the existing electrical service if necessary, as determined by an electrical engineer or similarly licensed professional.
EXHIBIT “C”
FORM OF MEMORANDUM OF LEASE
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City of Covina
125 E. College Street
Covina, CA 91723
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
THE UNDERSIGNED DECLARE THAT THE LEASE DESCRIBED HEREIN IS
EXEMPT FROM DOCUMENTARY TRANSFER TAXES AS A LEASE WITH A TERM OF LESS THAN 35 YEARS
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE is dated as of August 20, 2024 and is entered into by and between the CITY OF COVINA (“Landlord”), and UNION RESTAURANT GROUP, a California limited liability company (“Tenant”), who agree as follows:
1. Leased Premises. Landlord is the owner of the property at 114 E. Italia St. in the City of Covina, State of California.
2. Lease. Landlord and Tenant have entered into a Lease Agreement dated substantially concurrently herewith for a portion of such property (the "Lease"), the terms of which are incorporated herein by reference.
3. Purpose of Memorandum of Lease. This Memorandum of Lease is prepared for the purpose of recordation and public notice, and to comply with California law that requires municipal leases be recorded. It in no way modifies the provisions of the Lease.
IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the date first written above.
LANDLORD: CITY OF COVINA
By: ________________________________
Chris Marcarello, City Manager
TENANT: UNITED RESTAURANT GROUP,
a California limited liability company
By: _______________________________
Print Name:______________________
Title: _____________________________
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _________________________, before me,
,
(insert name and title of the officer)
Notary Public, personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _________________________, before me,
,
(insert name and title of the officer)
Notary Public, personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: August 20, 2024
Title: Covina Park Improvements Project – Project No. P2005 – Award of Contract to Gentry Brothers, Inc. in the Amount of $149,500
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Award a contract for the Covina Park Improvement Project – Project No. P2005 to Gentry Brothers, Inc. as the lowest responsive bidder in the amount of $149,500 and authorize the City Manager to execute the contract; and
2. Authorize a project contingency amount of $15,000 to cover the cost of unforeseen construction expenses.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 2020-2021 Capital Improvement Program, the City Council approved a project entitled, “Covina Park Improvements Project” which included several improvements such a walking trail, band shelf improvements and parking lot paving. Most of the improvements have been completed with the exception of paving the parking lot adjacent to the Heritage House and band shell. As proposed, the City Council will consider authorizing a project to complete paving improvements and the installation of ten (10) new parking stalls.
DISCUSSION:
The Department of Public Works requested informal proposals from three companies included in the list for OnCall Services for Maintenance and Repair of City Facilities. City staff received the following proposals to complete the Covina Park paving project:
Rank Bidder Location Total Base Bid Amount
1 Gentry Brothers, Inc. Irwindale, CA. $149,500
2 GRBCON, Inc. Baldwin Park, CA $175,000
3 I Build Construction Corp Walnut, CA $190,000
Staff reviewed all bid documents for completeness and concluded that Gentry Brothers, Inc. is the lowest responsive and responsible bidder to perform construction of this project. Gentry Brothers, Inc. has satisfactorily completed similar projects for other agencies including the City of Covina.
FISCAL IMPACT:
Funding in the amount of $208,481.53 is available in account number (2055-4400-55200-P2005) from bond proceeds from the City’s former redevelopment agency, which have been carried over from Fiscal Year 2023- 2024 to Fiscal Year 2024-2025. A breakdown of project expenses is below:
PROJECT EXPENSES
Description Amount
Base Bid (Gentry Brothers, Inc.) $149,500
Contingency Allowance $15,000
Total Contract Amount $164,500
Total Fiscal Impact $164,500
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
ATTACHMENT A
CONTRACT
CITY OF COVINA CONTRACT FOR
COVINA PARK IMPROVEMENTS PROJECT – PROJECT NO. P2005
THIS CONTRACT (“Contract”) is made and entered this 20th day of August, 2024 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and Gentry Brothers, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 397682; Class A. Contractor’s DIR registration number is 10000002240.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Covina Park Improvements Project – Project No. P2005 (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed One Hundred and Forty Nine Thousand Five Hundred Dollars ($149,500) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, 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 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 differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (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 this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST:
By:
Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
EXHIBIT B
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
COVINA PARK IMPROVEMENTS PROJECT – PROJECT NO. P2005
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.
Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT C
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
COVINA PARK IMPROVEMENTS PROJECT – PROJECT NO. P2005
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
TO: City of Covina DATE:
Department of Public Works
125 East College Street
ATTN: Rafael Fajardo
PREPARED BY: Jason Roehrborn
PROJECT NAME: Covina Park Parking Lot
SCOPE OF SERVICES: Grind & Pave
WORKING DAYS: 5
ITEM # QTY UNIT
1 1 LS
384 E. LIVE OAK AVENUE, IRWINDALE, CA 91706
626-357-9631 | FAX 626-357-6322
TOTAL
PROPOSAL
DESCRIPTION UNIT PRICE
7/19/2024
$ 149,500.00
TOTAL: $ 149,500.00
Covina Park Parking Lot
Remove 3-inch AC, approx. 4,800 SF, and
construct 3-inch conventional AC; Remove 2-
inch AC, approx. 6,310 SF, and construct 2-
inch conventional AC; Remove 2-inch existing
grass/dirt approx. 2,800 SF; grade, compact
and construct 2-inch conventional AC; including
105 LF of redwood header and utility
adjustments.
Note: Irrigation, tree removals, and striping
provided by others.
Prevailing wage rates apply. All work to be
completed between August 29, 2024 &
Septemebr 25, 2024.
$ 149,500.00
ATTACHMENT B
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: August 20, 2024
Title: Department of Public Works – Water Division – Purchase Agreement for (1) 2024 Ford Super Duty F-250 Truck
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute a Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2024 Ford Super Duty F-250 Truck in an amount notto-exceed $75,000.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 24-25 Operational Budget, the City Council approved the purchasing of a new water utility service truck. The new truck will replace an older, aging unit which suffered severe engine failure causing the need for a full engine replacement. Evidently, the City compared a full engine cost on an older, aging vehicle with the purchase of a new vehicle and deemed it was best to move forward with the new replacement vehicle purchase.
DISCUSSION:
The City is proposing to purchase a new 2024 Ford Super Duty F-250 Truck under Sourcewell Contract #091521- NAF, which is a contract negotiated by the State’s Department of General Services for Fleet Vehicles. The terms of the State contract make the negotiated pricing available to all public agencies from one of the seven contracted dealerships in the State, including National Auto Fleet Group in Watsonville, CA (Attachment A). In accordance with the City’s Purchasing Policy, the City Council may use a competitive bid conducted by another public agency to purchase goods and services. Known as “piggybacking” on another contract, this process allows the City to receive the same competitively bid price without having to spend a significant amount of staff resources to formally bid and purchase the same goods or services.
FISCAL IMPACT:
Funding for this vehicle purchase was included in the FY 2024-2025 Operating Budget in the Water Operations Budget account number (6010-5080-55550) Water-Transmission and Distribution-Motor Vehicles.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: August 20, 2024
Title: City-Wide Alleyway Resurfacing Project – Project No. P2501 – Award of Contract to FS Contractors, Inc. in the Amount of $60,000
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the City-Wide Alleyway Resurfacing Project – Project No. P2501;
2. Award a contract for the City-Wide Alleyway Resurfacing Project – Project No. P2501 to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $60,000 and authorize the City Manager to execute the contract;
3. Award a Professional Services Agreement (PSA) between the City of Covina and CEJ Engineers, Inc. in an Amount not-to-exceed $24,080 for Construction Management and Inspection Services and authorize the City Manager to execute the contract; and
4. Authorize a project contingency amount of $6,000 (approximately 10%) to cover the cost of unforeseen construction expenses.
EXECUTIVE SUMMARY:
As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved a project entitled “City-Wide Alleyway Resurfacing Project”, which consists of AC overlay, miscellaneous concrete work, striping and other appurtenances. The project area will specifically focus on the renovation of an existing decayed asphalt alley between East Italia Street and East College Street.
DISCUSSION:
The Department of Public Works requested informal proposals from four (4) companies included on the City’s list for On-Call Services for Maintenance and Repair of City Facilities. City staff subsequently received three proposals as follows:
Rank Contractor Location Bid Base Amount
1 FS Contractors, Inc. Sylmar, CA $60,000
2 GM Sager Construction, Inc. Pomona, CA $78,000
3 Siterep Construction Services, Inc. San Dimas, CA $88,413 Staff reviewed all bid documents for completeness and concluded that FS Contractors Inc. is the lowest bidder to construct the alleyway resurfacing project between East Italia Street and East College Street. FS Contractors, Inc. has satisfactory completed similar projects for other agencies including the City of Covina.
FISCAL IMPACT:
The Citywide Alleyway Resurfacing Project is included in the adopted Fiscal Year 2024-2025 Capital Improvement Program with a total allocation of $130,000 from the Gas Tax Fund – Account No. 2300-2200- 55310-P2504. Following is a summary of planned project expenses:
Construction Contract Amount (FS Contractors, Inc.) $60,000 10% Project Contingency Allowance $6,000
Construction Management (CEJ Engineers, Inc.) $24,080
Total Fiscal Impact $90,080
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
City of Covina
Public Works Department - Engineering DivisionAlleyway Resurfacing Item Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Construct Alleyway from Italia Street to College Street as indicated on the attached construction plans. 1 LS 60,000.00$ $ 60,000.00 $ 85,000.00 $ 85,000.00 $ 88,413.00 $ 88,413.00 Total $ 60,000.00 $ 85,000.00 $ 88,413.00
Informal Bid Submission Deadline - July 16, 2024 at 10:00 am Base Bid FS Contractors, Inc. GM Sager Construction Co., Inc. Siterep Construction Services, Inc.
ATTACHMENT A
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated August 20, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor for construction of the City-Wide Alleyway Resurfacing Project.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Sixty Thousand Dollars ($60,000) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work).
Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools,
ATTACHMENT B
expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Jose Angel Fierros, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may
be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee
of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in
law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of
all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: Engineering Division Jose Angel Fierros, President City of Covina FS Contractors, Inc
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.
All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:
Siterep Construction Services, Inc.
a California Corporation
By:
Name: Jose Angel Fierros
Title: President
By:
Name: Jose Ernesto Fierros
Title: Corporate Secretary
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
City-Wide Alleyway Resurfacing Project – Project No. P2501 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
City-Wide Alleyway Resurfacing Project – Project No. P2501 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section
1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated August 20, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the City-Wide Alleyway Resurfacing Project – Project No. P2501.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Twenty Four Thousand and Eighty Dollars ($24,080) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
ATTACHMENT C
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the
Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without
charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,
age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CEJ Engineers, Inc
a California corporation
By:
Name: Joaquin Cervantes
Title: President
By:
Name: Joaquin Cervantes
Title: Vice President
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE/SCOPE OF SERVICES
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 August 8, 2024
CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: INSPECTION SERVICES FOR ALLEY IMPROVEMENT PROJECT FROM
SOUTH OF ITALIA ST EAST OF CITRUS AVE
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.
Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.
The CEJ team will provide services for the aspects required for this project as per the scope of work.
The following Exhibits are enclosed:
Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.
Respectfully Submitted,
Joaquin Cervantes, P.E.
Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789
INSPECTION Services for the Alley improvement project Improvement Project Pg. 2
Exhibit A
SCOPE OF WORK
CEJ will provide Project management and Inspection services for the Alley improvement project as indicated on City Specifications to commence on or about September 15, 2024. Scope of project: new concrete pavement grinding and overlay. The major tasks include the following:
Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.
1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;
2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;
3. Respond to all of the Construction Contractors' Requests for Information;
4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.
5. Process plans and shop drawings submittals in a timely manner and stamp acceptable documents “Released For Construction”.
6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;
7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;
8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;
9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;
10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.
INSPECTION Services for the Alley improvement project Improvement Project Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $24,080.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Alley Improvements - S of Italia and E of citrus
JOB NO: SUMMARY PROPOSAL FEE
DATE: 08/08/24
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 8.0 $160 $1,280
Subtotal $1,280
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 190 $120 $22,800
Subtotal $22,800
Note:
Time Estimation based on a 30-DAY Project Schedule
PROPOSED FEE
PROPOSED FEE: $24,080
Proposal By / Project Manager: Joaquin Cervantes, P.E
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: August 20, 2024
Title: Street Residential Resurfacing Project – Project No. P2405 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Gentry Brothers, Inc; and
2. Authorize the City Clerk to file a Notice of Completion for the Street Residential Resurfacing Project – Project No. P2405.
EXECUTIVE SUMMARY/BACKGROUND:
Accept the work performed by Gentry Brothers, Inc and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Street Residential Resurfacing Project – Project No. P2405.
On March 19, 2024, the City Council approved a contract for Gentry Brothers, Inc in the amount of $503,660 for the replacement of existing, worn-out pavement, sidewalk repairs and other appurtenances. The project’s scope of work encompassed the rehabilitation of five (5) residential streets totaling 0.6 miles of new pavement within the following locations:
East Colver Place
North Langham Avenue
North Ivescrest Avenue
North Rimhurst Avenue
East Haller Street
DISCUSSION:
During construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract in the amount of $194,350 as follows:
Change Order No. 1 – Increased the overall contract amount by $92,900 due to additional grinding and paving required to complete the project
Change Order No. 2 – Increased the overall contract amount by $6,800 for additional striping work Change Order No. 3 – Increased the overall contract amount by $119,000 to repair failing slope, grind / pave and install AC Dyke at two locations with conventional AC. Change Order No. 4 – Decreased the overall contract amount by $24,350 as a result of quantity adjustments
FISCAL IMPACT:
Project funding allocated for the Rowland Avenue Street Rehabilitation Project is summarized below:
Source of Project Funds Amount Account
Measure M $650,170.00 2420-2200-55310-P2405
Public Works CIP $431,146.80 4200-2200-55310-P2405
Total $1,081,316.80
The following table represents the final project summary:
ITEM ACTUAL
Project Appropriations $1,081,316.80
Gentry Brothers, Inc. – (Contract Amount plus
Change Orders) ($698,010.00)
CEJ Engineers (Construction Management &
Paving Inspection – Contract Amount ($20,460.00)
Willdan Engineering (Soils & Materials Testing) ($2,875.00) RKA Consulting Group (Design) ($63,542.18)
Golden State Water Company (Reimbursement
Check) $3,010.00
Total Expenditures ($781,877.18)
Unspent Appropriations $299,439.62
Available FY 2023-24 project fund balance for the Street Residential Resurfacing Project to be carried over to FY 2024-25 in order to supplement final project expenditures.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
ATTACHMENT A
0RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina
STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is The City of Covina .
3. The full address of the owner is 125 E College Street, Covina, CA 91723 .
4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on: May 7, 2024 . The work done was:
Street Residential Resurfacing Project
8. The names of the contractor, if any, for such work improvement was:
Gentry Brothers, Inc. March 19, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:
Street Residential Resurfacing Project
10. The street address of said property is
E. Clover Place/N. Langham Ave/N. Ivescrest Ave/N. Rimhurst Ave/E.
Haller St
(If no street address has been officially signed, insert “None”.) Dated August 20, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina
VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 20 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: August 20, 2024
Title: Amendment No. 1 to the Maintenance Agreement and Software License Agreement Between the City of Covina and Aclara Technologies LLC
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to Execute Amendment No. 1 to the Maintenance Agreement and Software License Agreement between the City of Covina and Aclara Technologies LLC.
EXECUTIVE SUMMARY:
Aclara Technologies LLC (Aclara) recently notified the City that AlcaraONE, the City’s current Automated Water Meter Reading (AMR) Software, will no longer be supported by Aclara. The current “STAR Programmer” AMR technology is set to be discontinued as Aclara moves toward a new Bluetooth Mobile Programmer. As such, City staff now finds it necessary to amend the current Maintenance and Software Licensing Agreements between Alcara and the City to reflect the transition to the new software and the procurement of new Meter Transmitter Unit (MTU) Programmers.
BACKGROUND:
On April 21, 2020 the City of Covina entered into a Maintenance Agreement with Aclara Technologies LLC for Automated Water Meter Reading (AMR) Software License. Prior to partnering directly with Aclara, the City utilized Global Water Management, LLC (Fathom) as its primary vendor for GIS, AMR, customer service and customer billing functions. As a precursor of coming changes in December 2019, Fathom announced it would be shuttering all operations and discontinue service for their customers and the City eventually transitioned to AVR, Inc. for utility billing software systems and services, and moved to Aclara Technologies LLC for AMR.
During the duration of its contract with the City, Fathom utilized Aclara technology for AMR and the STAR Programmer for the Meter Transmitter Units (MTU). Since Aclara equipment had been installed and utilized throughout the City’s water system for years, the shift to Aclara Technologies LLC was considered a prudent changeover and subsequently became a sole source agreement. As part of the new agreement, Aclara updated their existing software to AclaraONE, Aclara’s UHE Hosted Software Program for AMR which the City has been utilizing since 2020.
DISCUSSION:
The City was recently notified that the existing AclaraONE AMR software and MTU’s STAR Programmer would no longer be supported by the Aclara team and would instead be replaced with a new Bluetooth Mobile Programmer. As such, the staff finds it necessary to amend the current Maintenance and Software License Agreements to reflect these changes and replace the existing MTU Programmers.
Under the Maintenance and Software License Agreements, there is a one-time implementation fee of $5,152.50 and an approximate annual service provider cost of $28,777.52 (Table 1). The Meter Transmitter Unit (MTU) Programmers have a one-time implementation fee of $7,578.00 and an annual programmer fee of $1,440.00 (Table 2). Implementation will include staff training, integration support, and onboarding support.
Amendment No. 1 to the Maintenance Agreement (Attachment A) and Amendment No. 1 to the Software License Agreement (Attachment B) will be effective at the time of software installation and will expire on October 2025, at which point the agreements will be eligible for renewal. The MTU Mobile Programmer (Attachment C) is expected to be installed by September 2024. In order to complete the software transition process, it is recommended that the City Council authorize the City Manager to execute all amendments to the Aclara agreements based upon the attached quotations.
FISCAL IMPACT:
The anticipated annual total for the Maintenance and License Software and MTU Programmers is $33,930.02 and $9,018.00, respectively. While funding is available in the Fiscal Year 2025 Water Fund (Account No. 60105000- 53100), an additional $12,000.00 is needed to accommodate the implementation and supplemental fees. As such, Resolution CC 2024-73 (Attachment D) appropriates the additional funds from the available Water Fund Balance.
The cost breakdowns are conveyed in the following tables:
Table 1: Maintenance and Software License
On-Going Annual Fees Approximate Annual Fees
AclaraONE Water UHE $27,020.00
Mobile Programmer Annual Fee $1,440.00
Wireless Network (per endpoint) $317.52
Total On-Going $28,777.52
One-Time Implementation Fees Fees
Mobile Programmer Implementation $5,152.50
Total One-Time Implementation $5,152.50
Maintenance and Software License Anticipated Total: $33,930.02 Table 2: Meter Transmitter Unit (MTU) Mobile Programmer On-Going Annual Costs Approximate Annual Fees
Mobile Programmer Annual Fee $1,440.00
Total Annual Costs $1,440.00
One-Time Implementation Fees Fees
Wireless Field Programming Coil (plus tax) $2,425.50
Mobile Programmer Implementation $5,152.50
Total One-Time Implementation $7,578.00
Meter Transmitter Unit (MTU) Mobile Programmer Anticipated Total: $9,018.00 CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Section 15301(b) Existing Facilities (Class 1). The project involves negligible or no expansion of an existing use.
Respectfully submitted,
Aclara – City of Covina Confidential
Maintenance Agreement Amd. No. 1
AMENDMENT NO. 1
TO
MAINTENANCE AGREEMENT
This Amendment No.1 is entered into in duplicate effective as of the date last signed below by and between Aclara Technologies LLC (“ACLARA”) and City of Covina (“Customer”). Individually, Aclara and Customer may be referred to as “Party” and collectively as “Parties”.
WHEREAS, ACLARA and Customer are parties to a certain for Maintenance Agreement effective on April 21, 2020 (hereinafter “Agreement”); and
WHEREAS, Customer has requested and Aclara has agreed to add Mobile Programmer services to the Agreement; and
WHEREAS, remove and replace in its entirety Schedule J, Level of Maintenance Services Selected WHEREAS, this Amendment No. 1 modifies, alters or changes specific terms and conditions of the Agreement to reflect the changes in services being purchased;
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter expressed the parties hereby agree as follows:
1. Schedule J to the Agreement is hereby replaced in its entirety and the Schedule J attached hereto is hereby incorporated into and made a part of the Agreement; and
2. Except as may otherwise be provided for in this Amendment No. 1, Customer agrees to pay, and Aclara agrees to accept as payment for the Mobile Programmer services, the Implementation fee for Mobile Programmer and Annual Service Provider fee for Mobile Programmer as set forth on Schedule J to the Agreement attached hereto.
3. Except as modified by this Amendment No. 1, the Agreement and all of the terms, conditions and provisions thereof are hereby ratified and confirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date last signed below.
Aclara Technologies LLC City of Covina
By By
Name Name
Title Title
Date _____ Date
ATTACHMENT A
Aclara – City of Covina Confidential
Maintenance Agreement Amd. No. 1
SCHEDULE J
LEVEL OF MAINTENANCE SERVICES SELECTED
Customer: City of Covina
Address: 534 N. Barranca Avenue, Covina, CA 91723
1. Billing frequency is annually in advance.
2. If a Purchase Order number is required on Aclara invoices, please check here. a. Selected Maintenance Level (Annual First Term Price shown):
Implementation fee for Mobile Programmer $ 5,152.50
b. Annual Service Provider (SaaS)
AclaraONE Water UHE $ 27,020.00
Mobile Programmer $ 1,440.00
c. Supplemental Services
Aclara Wireless Network Annually per endpoint $ 317.52/Endpoint/yr System Monitoring Service, Tier 2 $ ______________
DCU Maintenance Service, Tier 1 $ ______________
3. Customer Designated Contact Information:
Designated Renewal Contact Information
Name Michael Melinte
Title Water Utility Superintendent
Address 534 N. Barranca Avenue
Address Covina, CA 91723
Telephone (626) 384-5232
Fax
Cellular Phone
Email Address [email protected]
Designated Contact Information
Name
Title
Address
Address
Telephone
Fax
Cellular Phone
Email Address
Designated Contact Information
Name
Title
Address
Address
Telephone
Fax
Cellular Phone
Email Address
Designated Contact Information
Name
Title
Address
Address
Telephone
Fax
Cellular Phone
Email Address
Aclara- Covina
AMENDMENT NO. 1
TO
SOFTWARE LICENSE AGREEMENT
This Amendment No. 1 is entered into and becomes effective on the date last signed below and is by and between Licensee Technologies LLC (“Aclara”) and the City of Covina (CA), hereinafter (“Licensee”).
WHEREAS Aclara and Licensee are parties to a certain Software License Agreement effective April 21, 2020 (hereinafter the “Agreement”), which the Parties desire to amend as further described herein; and WHEREAS Licensee has requested and Aclara has agreed pursuant to the license granted herein to add Mobile Programmer computer software applications for use by Licensee in connection with the purchased equipment and services referenced below.
WHEREAS this Amendment No. 1 modifies, alters or changes specific terms and conditions of the Agreement to reflect the changes in software being licensed.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants herein contained, it is agreed between the parties that Licensee shall provide:
1. Attachment A to the Agreement is hereby replaced in its entirety and revised Attachment A attached hereto is hereby incorporated into and made a part of the Agreement; and
2. The “Statement of Work - Mobile Programmer” attached hereto is hereby added and incorporated into and made a part of the Agreement; and
3. Except as may otherwise be provided for in this Amendment No. 1, Licensee agrees to pay, and Aclara agrees to accept as payment, for the Mobile Programmer software, the fees set forth in Attachment A, attached hereto.
4. Except as may otherwise be provided for in this Amendment No. 1, Licensee agrees to pay, and Licensee agrees to accept as payment the fees as outlined in this amendment No. 1.
Except as modified by this Amendment No. 1, the Agreement and all of the terms, conditions and provisions thereof are hereby ratified and confirmed and remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first above written.
Aclara Technologies LLC
Signed: _____________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
City of Covina
Signed: __________________________
Name: ____________________________
Title: ____________________________
Date: _____________________________
ATTACHMENT B
Aclara – City of Covina Confidential
ATTACHMENT ASOFTWARE
I. ACLARAONE® SOFTWARE
VendorSupplier Software Description
Computer
Equipment Model
Type Qty Software Parameters Qty
Product
Owner
Aclara AclaraONE® Water UHE Hosted
Software
SW-3010A 1 Maximum Endpoints1 10,0002
Maximum Utilities 1
3 Aclara Mobile Programmer SW-1050A 1 Endpoints 8,887
II. THIRD PARTY SOFTWARE - NOT INCLUDED IN THIS SOFTWARE AGREEMENT Vendor- Software Parameters
Supplier Software Description Model Type Qty Parameter Qty
RESERVED
III. THIRD PARTY SOFTWARE - INCLUDED IN THIS SOFTWARE LICENSE AGREEMENT
RESERVED
IV. COMPONENTS INCLUDED IN THIS SOFTWARE AND ASSOCIATED FEES: ONE TIME FEE
RESERVED
1 Maximum Endpoints count the aggregate sum of all Aclara electric, water and/or gas hardware devices controlled (e.g. meters + DRUs +CSTs +DCUs + IHDs). 2 If Software exceeds the quantity of maximum Endpoints for the quantity stated above, Customer will move to the next tier and an additional license fee will be charged based on Aclara’s current price in effect for that tier. Additional Maintenance fee will also apply. 3 This software is licensed to Licensee for use in Licensee’s own utility business. Use of the Software to provide AMI-related services to other utilities/entities (i.e. “Multi-Utility”) is strictly prohibited unless otherwise noted and provided for herein.
Aclara – City of Covina Confidential
V. INCREMENTAL LICENSE FEE PER ENDPOINT”: PRICE PER ENDPOINT Item No. Services Fees
V.A AclaraONE® Water UHE Software $ 2.50 per endpoint
V.B Mobile Programmer $ 0.16 per endpoint
Annual Service Fee is based on the price per endpoint times the number of endpoints for the system. The price per endpoint shall increase based on the annual escalation fee per the Agreement. The endpoints and annual fee increases shall be noted at the annual renewal period.
VI. ANNUAL SERVICES FEES:4
Item No. Services Fees
VI.A AclaraONE® Water UHE $27,020.00
VI.B Mobile Programmer ASP $ 1,440.00
4 Subject to 5% annual escalation starting year two.
Aclara – City of Covina Confidential
Statement of Work
Project Name: City of Covina (CA), (“System Owner”) Mobile Programmer Interactive Mode Implementation (“Project”).
This Statement of Work (“SOW”) and the terms and conditions of the Software License Agreement dated April 21, 2020 (“Agreement”) describes the Services to be provided to the System Owner in support of the Project as authorized by System Owner signing this Statement of Work. This SOW is governed by the Agreement’s terms and conditions. By signing this SOW, System Owner represents and affirms that it has reviewed and agrees to the terms and conditions as set forth in the Agreement, its Attachments and Exhibits. Additional terms contained on any purchase order are hereby rejected unless specifically agreed to in writing by the System Owner and Aclara.
Scope of Work
The project scope for the Mobile Programmer Implementation includes professional services (project management, coordination, AclaraONE® software solution, product training and software acceptance).
The new solution will support various uses of the components and applications defined in Attachment 1. More detailed requirements will be developed during the requirements task of the project but will remain consistent with Attachment 1 unless mutually agreed by the System Owner and Aclara.
This Statement of Work addresses the implementation services required by the Project. It is mutually understood that business requirements, resources and dates may change subject to the applicable terms of this SOW and that any such material change requested by the System Owner or as a result of the System Owner’s inability to provide agreed upon resources and perform its other responsibilities set forth herein or the result of System Owner errors or omissions may result in a Change Order.
It is understood by Aclara and the System Owner that any material changes to scope will be addressed through a formal change order process. Material changes are those which specifically will impact budget, scope, timeline and/or resources.
1.0 Project Approach
The Aclara Services Team (“Aclara Team”) assigned to this project will complete the Aclara tasks described herein and will perform work for the System Owner for the duration of the Project from remote locations.
The scope of the services engagement for this SOW is set forth in the attached Attachments 1 here to. Attachment 1 also includes certain Responsibilities and Assumptions that are the responsibility of the System Owner. In addition to the tasks specified in Attachments 1 here to,
Aclara – City of Covina Confidential
the System Owner will provide appropriate Project resources, including but not limited to data, information, and appropriate and cooperative personnel, to facilitate the performance of the Services. The System Owner shall designate a Project Manager to work with the Aclara Team to facilitate the provision of the Services. Once this SOW is executed, Aclara and the System Owner will assign resources to the Project. The Aclara Team will work on the Project and provide support as specified by the SOW.
2.0 Assumptions and Responsibilities
Project Assumptions and Responsibilities are set forth in Attachments 1. Should the System Owner fail to fulfill those that are applicable to the System Owner, the estimated level of effort, timeline and scope may be subject to change which may result in a Change Order.
3.0 Scope Estimates
Aclara will support the System Owner by providing a team to complete the scope of work defined in Attachment 1.
Aclara’s estimate of the level of effort is based on the following:
• Information provided by the System Owner to Aclara
• Aclara’s understanding of the project scope, based on System Owner information Should the information provided by the System Owner be inaccurate or should Aclara gain additional information during the Project, the work required may be out of scope and the pricing and schedule may be impacted. If so, the additional work will be addressed as a change to the SOW (change order).
4.0 Software Licenses
The AclaraONE software components are licensed in accordance with the Aclara Software Agreement (“Licenses”) executed between Aclara and the System Owner. The Licenses cover the integration with the System Owner’s single production environment and within the System Owner’s current service territory.
5.0 Changes
Any change to this SOW shall be subject to mutual written agreement of the parties. Aclara shall not commence work on any such change unless and until the change has been agreed to in writing by both parties.
Aclara – City of Covina Confidential
IN WITNESS WHEREOF, the parties have so agreed as of the last date signed below.
Accepted By: Accepted By:
Aclara Technologies LLC City of Covina (CA)
(Aclara) (System Owner)
By: __________________________________ By: _____________________________ Print Name: ___________________________ Print Name: ______________________ Title: _________________________________ Title: ___________________________ Date: _________________________________ Date: ___________________________ Attachment 1 = Mobile Programmer Interactive Mode Implementation SOW Attachment 2 = Milestone Schedule
Attachment 3 = Change Order Procedure
Aclara – City of Covina Confidential
Attachment 1
To
Statement of Work
Project Definition - Mobile Programmer Interactive Mode Implementation Project
1.0 Project Scope
Aclara’s Mobile Programmer software application is used to program Aclara MTU’s and is the sole interface to the MTU’s. Aclara will assist System Owner in the setup of Aclara’s Mobile Programmer software application for interactive mode. Aclara will provide documentation and support for the integration effort. The following sections provide details related to the scope of this project.
1.1 Documentation
Aclara will provide the Mobile Programmer User Guide
1.2 Software
Aclara will provide a working version of Aclara’s Mobile Programmer interactive mode.
1.3 Integration Support
Aclara will provide integration support for the following activities:
• Requirements Confirmation – Confirmation of any new MTU or Meter types in scope. • Create XML Files based on existing configuration and requirements document for any new MTU or Meter types.
• Setup OrgAdmins based on Requirements document.
• OrgAdmin Training - Aclara will provide two (2) hours of training to include an overview of the Mobile Programmer Application OrgAdmin user and license management. • Aclara will assist the System Owner in downloading, integrating, configuring, and validating the Aclara Mobile Programmer application into the System Owner’s iOS, Android, or Windows-based field programmers. The System Owner will be responsible for providing the chosen field programmers that meet Aclara’s specifications to support the Aclara Mobile Programmer application.
• Deliver XML Files via SFTP: Alarm.xml, DemandConf.xml, Global.xml, meter.xml, MTU.xml.
• User Training - Aclara will provide two (2) hours of user training to include an overview of the Mobile Programmer Application interactive mode.
• End to End Test - Aclara will assist System Owner during the testing phase, specifically any assistance System Owner will need to test the activity log file to ensure that programming records are being loaded correctly for all the MTU programming/activation scenarios. System Owner will be responsible for creating test cases for all scenarios and executing the tests. Aclara will be responsible for reviewing the test case documents and verifying test results in the Aclara head end system.
Aclara will provide support over a 2-day period.
Aclara – City of Covina Confidential
System Owner will perform the following activities:
• OrgAdmin user setup and license management.
• Download/Install the Mobile Programmer Application from App Store, GooglePlay, or Microsoft Store.
• Deliver XML files to individual devices via SFTP.
• Develop and Execute test cases.
1.4 Onboarding Aclara Support
Aclara will compile all open issues and review the status of these issues with Aclara's Technical Support team and System Owner’s project team. Additionally, by this time the System Owner will be introduced to Aclara’s Technical Support operations. All support operations will begin to be managed by this team. System Owner will be trained on Aclara's Support processes which includes opening support tickets for questions, issues, and product enhancements, managing and obtaining status of these tickets. The System Owner will be introduced to the AclaraConnect client portal. Aclara will respond in a timely manner per the agreed response times in the Maintenance and Support agreement.
2.0 Deliverables and Milestones by Step
The table below details the milestone deliverables for this project. Delivery dates for each milestone will be communicated at project launch.
Milestone Deliverables Payment Milestone Descriptions
1 Contract Execution Contract Execution Complete. This milestone is complete after the contract documents are fully
executed by both parties.
2 Project Kickoff Project Kickoff Complete. This milestone is complete after the Project Kickoff meeting.
3 OrgAdmin Training OrgAdmin Training Complete. This milestone is complete after Aclara provides OrgAdmin webinar
training for system administrators.
4 User Training User Training Complete. This milestone is complete after Aclara provides User webinar
training for field personnel and System Owner
service representatives.
3.0 Preliminary Project Schedule
Upon execution of this SOW, Aclara will work with System Owner to schedule the efforts listed above. The following draft schedule will be refined as part of the project kickoff phase and will be dependent on System Owner’s ability to complete its deliverables within the required timeline.
Aclara – City of Covina Confidential
4.0 Project Governance
System Owner agrees to provide appropriate Project resources including but not limited to, data, information, workspace and appropriate and cooperative personnel, all as necessary to facilitate Aclara’s performance of the Services and the System Owner integration.
System Owner will allocate the following described personnel to the Project to provide appropriate knowledge of the indicated area and the skills to perform the System Owner tasks, and any additional personnel, including vendor resources, that may be necessary for System Owner to perform its obligations under the implementation work plan. • Project Manager - Main point of contact for the Project. Is responsible for scheduling System Owner resources, managing the scope and the System Owner tasks of the Project schedule, facilitating document approvals, and escalating and resolving issues as required by the Aclara.
Aclara will allocate the following described personnel to the Project to provide appropriate knowledge of the indicated area and the skills to perform the Aclara tasks, and any additional personnel that may be necessary for Aclara to perform its obligations under the implementation work plan.
• Project Manager - Coordinates scheduling and work assignments, assists in requirements and detailed design, resolves issues and serves as daily interface with the System Owner Project Manager
• Technical resource(s) to complete the integration.
• Training resource(s)
5.0 Key Scoping Parameters and Assumptions
The scope detailed in the previous section is the basis for Aclara project costs and delivery schedule. Any deviation from these parameters and assumptions may impact project costs and milestone dates. The following assumptions apply to this engagement:
• Travel to System Owner facilities is not anticipated for this engagement and remote access based joint access will be available for issue resolution purposes. If travel is required, the direct costs of travel will be passed on to System Owner. • Webinar based sessions for training included. If additional training is required, the request will be scoped out with a change order.
Aclara – City of Covina Confidential
Attachment 2
To
Statement of Work
Implementation Payment Milestone Schedule
Implementation Fees (One-Time)
Project Milestones - Total Mobile Programmer Setup/Integrations fee - $5,152.50 Milestone Item # Milestone % Payment $
3 OrgAdmin Training Complete NS-MSSW-WRF 100% $5.152.50 TOTAL 100% $5,152.50
Aclara – City of Covina Confidential
Attachment 3
To
Statement of Work
Change Order Procedure
Any change to a Statement of Work must be agreed upon in writing by both parties. The following procedure (whether requested by the System Owner or Aclara) will be used to control all changes.
All Requests for Change (“RFC”) to the applicable Statement of Work must be made in writing and shall be submitted by the appropriate Project Manager. Each request should contain the following information:
• The requested change
• The impact, if any, on the existing work product
• Estimated impact, if any, on Project schedule
• Estimated change, if any, in Services fee
The Project Manager shall review and accept or reject the RFC. If rejected, the RFC shall be returned to the submitting party with written reasons for rejection and, as appropriate, any alternatives. All approved RFC's will be incorporated into the Change Order to this Statement of Work. Aclara will not perform any Services outside of the Statement of Work until the RFC has been signed by both parties.
1. Describe the requested change:
______________________________________________________________________
2. Define the impact, if any, on existing work product:
______________________________________________________________________
3. Define additional work product required as a result of the requested change, if any:
_____________________________________________________________________
4. Define the impact, if any, to the existing Project Schedule. Provide an updated Project Schedule, if appropriate:
______________________________________________________________________
5. Provide an updated work product and payment schedule, if appropriate:
______________________________________________________________________ Accepted By: Accepted By:
Aclara Technologies LLC (Aclara) System Owner (System Owner) By: SAMPLE By: SAMPLE
Print Name: SAMPLE Print Name: SAMPLE
Title: SAMPLE Title: SAMPLE
Date: SAMPLE Date: SAMPLE
QUOTATION
33146857
Aclara Technologies LLC
77 W Port Plaza
Ste 500
St Louis, MO 63146
QUOTE TO: 322260
CITY OF COVINA
534 N BARRANCA AVE
COVINA CA 91723-1227
USA
SHIP TO: 322260
CITY OF COVINA
534 N BARRANCA AVE
COVINA CA 91723-1227
USA
INFORMATION:
Quotation Revision:
Quotation Date: 08/12/2024
Quotation Validity: 04/15/2024 to 10/01/2024
Customer Ref: Mobile Programmer HOSTED
Enduser No.: 2012765
Enduser Name: GLOBAL WATER COVINA, CITY OF
Project Name: MOBILE PROGRAMMER HOSTED
Sales Rep/Agency:
Our Contact:
Tel No.:
Fax No.:
Email:
Customer Contact:
Tel No.:
Fax No.:
Email:
ADDITIONAL INFORMATION:
Payment Terms: Net 30 days
Incoterms: WOB SHIPPING POINT
Currency: USD
Net Weight: 0.00KG
Gross Weight: 0.00KG
Misc Info:
Notes:
OUR YOUR ITEM / DESCRIPTION QTY UoM NET UNIT EXTENDED
ITEM ITEM PRICE PRICE
20 109-6900 3 EA 808.5000 2,425.50
WIRELESS FIELD PGRM COIL
Package Quantity: 1
Min Ord Qty: 1
Quote Lead Time: 17 WEEKS
40 SW-1050A 1 EA 1,440.0000 1,440.00
MTU Mobile Programmer ASP
Package Quantity: 1
Min Ord Qty: 1
Quote Lead Time: TBD
ATTACHMENT C
Aclara Technologies LLC
77 W Port Plaza
Ste 500 QUOTATION St Louis, MO 63146
33146857
OUR YOUR ITEM / DESCRIPTION QTY UoM NET UNIT EXTENDED
ITEM ITEM PRICE PRICE
50 SW-1050H 1 EA 5,152.5000 5,152.50
MTU Mobile Programmer Set Up
Package Quantity: 1
Min Ord Qty: 1
Quote Lead Time: TBD
Sub-total for Items: $ 9,018.00
Sales Tax $ 0.00
Total: $ 9,018.00
TERMS & CONDITIONS:
Unless this quotation (#Quote#) is being issued pursuant to an Agreement previously executed by the Seller and Buyer and that is still in effect, this Quote shall be governed by and is expressly made conditional on the Buyer#s assent to all of the terms and conditions located at https://www.hubbell.com/aclara/en/terms-and-conditions (Terms), which are hereby incorporated by reference. Seller expressly limits the acceptance of this offer to the Terms and specifically rejects, and the Buyer to whom this Quote is issued disclaims, all pre-printed provisions in such Buyer#s purchase order and any other forms or documents of such party.
ATTACHMENT D
RESOLUTION CC 2024-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 OPERATING BUDGET TO REFLECT AN APPROPRIATION OF $12,000 FROM
AVAILABLE WATER FUND BALANCE FOR THE FIRST AMENDMENT
TO THE ACLARA TECHNOLOGIES LLC SOFTWARE LICENSE &
MAINTENANCE AGREEMENT FOR AUTOMATED WATER METER
READING
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2024-2025 Operating Budget to reflect an appropriation of $12,000 from Water Fund Balance to be transferred to account 60105000-53100 for the First Amendment to Aclara LLC Software License & Maintenance Agreement for Automated Water Meter Reading.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2024-2025 Operating Budget as follows:
Account No. Account Description Amount Increase/Decrease 60105000-
53100
Water-Water Admin Dues &
Services
$12,000 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED AND PASSED this 20th day of August, 2024.
Resolution CC 2024-73 Page 2 of 2
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-73 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of August, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: August 20, 2024
Title: Resolution CC 2024-72 Accepting an Easement and Offer of Dedication for Public Purposes Associated with the Development of Property at 244 E. College Street Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-72 accepting an easement and offer of dedication for public purposes associated with the development of property at 244 E. College Street.
EXECUTIVE SUMMARY:
Resolution CC 2024-72 (Attachment A) is presented for the City Council’s consideration to accept an easement and offer of dedication for public access purposes associated with the development of property at 244 E. College Street.
BACKGROUND:
On March 14, 2023, the Planning Commission approved Site Plan Review Case (SPR) 21-120 to construct a new 3-unit, 2-story, multi-family apartment development on a 0.24-acre property located at 244 E. College Street.
DISCUSSION:
The proposed development at 244 E. College Street was conditioned to dedicate the southerly three and one-half (3½) feet of the subject property along the existing alley to the City of Covina for alley widening purposes.
The proposed dedication is depicted on the location map (Attachment B) and Exhibit B of the Street Deed (Attachment C). The property owner has submitted the executed alley dedication documents to the City for formal acceptance.
FISCAL IMPACT:
There are fiscal impacts to the City associated with the acceptance of the street and alley dedications. The developer will be responsible for the costs associated with the widening of the alley south of College Street. The City will be responsible for the future on-going maintenance of the additional 3½ feet of pavement, however, the costs will be nominal.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
During the review process, the Planning Commission determined that the proposed project qualified for a Categorical Exemption from environmental review under Section 15332 (Class 32) – In-Fill Development of the California Environmental Quality Act (CEQA) Guidelines.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2024-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, ACCEPTING AN EASEMENT ON AN ALLEY FOR
STREET AND HIGHWAY PURPOSES ASSOCIATED WITH THE
DEVELOPMENT OF PROPERTY AT 244 E. COLLEGE STREET
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, an application was submitted to the City of Covina in order to develop three two-story detached single-family dwellings on a 0.24 acre property; and WHEREAS, Site Plan Review Case (SPR) 21-120, was principally approved by the Planning Commission on March 14, 2023; and
WHEREAS, it has been found that SPR 21-120 conforms to the California Environmental Quality Act (CEQA); and
WHEREAS, SPR 21-120 was conditioned to dedicate the southerly three and one-half (3½) feet of the subject property along the existing alley to the City of Covina for alley widening purposes; and
WHEREAS, the property owner and developer have submitted the executed easement dedication documents to the City for formal acceptance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find that SPR 21-120 conforms to CEQA.
SECTION 2. The City Council does hereby approve and accept the dedication to the City of Covina of an easement for public street and highway purposes for the southerly three and onehalf (3½) feet of the subject property located at 244 E. College Street for future alley widening purposes.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution.
APPROVED and PASSED this 20th day of August, 2024.
City of Covina, California
BY:
JOHN C. KING, Mayor
Resolution CC 2024-72 Page 2 of 2
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-72 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of August, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_______________________________________
FABIAN VELEZ, Chief Deputy City Clerk
ATTACHMENT B
Denotes 3.5-foot Alley Dedication
LOCATION MAP
244 E. COLLEGE STREET
College Street
Alley
1st Avenue
2nd Avenue
Badillo Street
ATTACHMENT C
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: August 20, 2024
Title: Request to Amend the City’s Classification Plan and Reorganize the Administrative Services Department and City Clerk’s Office
Recommendation: That the City Council adopt Resolution CC 2024-80 to establish and amend the City’s Classification Plan and establish job descriptions and salary ranges for the classifications of Director of Finance, Human Resources Manager and Deputy City Clerk/Records Manager within the Unaffiliated and Executive Compensation Rules.
EXECUTIVE SUMMARY:
A review of the existing organizational staffing structures in the Administrative Services Department and City Clerk’s Office was recently completed to ensure that staffing resources are responsive to operational goals. Based on this review, it has been determined that restructuring certain functions will better meet organizational needs, enhance succession planning efforts and result in cost savings. The proposed amendments will maintain staffing levels, provide additional front-line staffing resources, reduce operating costs by approximately $143 thousand and provide opportunities for internal advancement in the organization.
BACKGROUND:
Administrative Services Department
As the result of an executive retirement in 2018, the City formed an Administrative Services Department (“ASD”) that combined finance, budget and accounting functions with human resources/risk management functions into one department. The ASD is structured with a director and two divisions overseen by deputy directors, as is illustrated below. This structure resulted in the decrease of one executive classification to the City’s Classification Plan.
Existing ASD Organizational Structure
With the pending retirement of the incumbent Administrative Services Director, the City evaluated alternatives to appropriately staff its finance and human resources functions moving forward. This evaluation was centered on enhancing responsiveness to the community, meeting operational needs, enhancing succession planning and generating cost savings. Through this evaluation, the following alternatives were identified:
Administrative Services
Department
Finance
Division
Human Resources
Division
1. Continue with the Administrative Services Department structure;
2. Reestablish a Finance Department and Human Resources Department
3. Reestablish a Finance Department and transition Human Resources functions to the City Manager’s Office Based on the evaluation of these alternatives, it was determined that Option 3 would best meet the needs of the City. As proposed, this alternative will help to provide opportunities for internal advancement/succession planning, underfill an existing management classification with a staff-level classification and add front-line staff members to assist with customer service and administrative functions. As proposed, the City’s Classification Plan would be amended according to the tables below, maintaining existing headcount levels and generating roughly $152 thousand in savings during Fiscal Year 2025. The incumbent of Deputy Director of Administrative Services – Finance would be reclassified to Finance Director. Additionally, the vacant position of Deputy Director of Administrative Services – Human Resources would be reallocated to Human Resources Manager, to be filled through an internal promotion.
Proposed Reclassifications
Existing Classification Proposed Classification Cost Difference Director of Administrative Services Director of Finance $ (48,208.08) Deputy Administrative Services Director Human Resources Manager
$ (41,709.74)
Deputy Administrative Services Director Accountant $ (119,476.96) Administrative Intern (PT) / Administrative
Tech (PT)
Administrative
Technician
$ 45,794.99
Account Clerk Payroll Technician $ 11,566.80
Total Savings $ (152,032.99)
Proposed Organizational Structures
City Manager’s Office
Information Technology
Division
Human Resources
Division
City Clerk’s Office
Additionally, in order to enhance succession planning and recognize the increased workload assumed by an existing team member in the City Clerk’s Office, the Chief Deputy City Clerk completed a similar analysis of its operation. In reviewing comparable agencies in the market, it was determined that the City of Glendora utilizes the classification of Deputy City Clerk/Records Manager, which is distinguished from Covina’s Deputy City Clerk classification by its oversight of day-to-day operations, its supervision of records management functions, its preparation/administration of budgets and its ability to lead assigned functions for the Office.
In reviewing the Covina City Clerk’s Office functions, the incumbent Deputy City Clerk has grown to assume similar responsibilities, including oversight of day-to-day activities, overseeing the Office’s budget and providing front-line supervision to two part-time staff members. Based on this assessment and the need to enhance succession planning efforts, it is recommended that the Deputy City Clerk be reclassified to Deputy City Clerk/Records Manager.
As proposed, the Deputy City Clerk/Records Manager would be added to the Unaffiliated/Mid-Management Compensation Rules and the Chief Deputy City Clerk would be moved from the Unaffiliated/Mid-Management Rules to the Executive Compensation Rules. The total cost impact of these changes is roughly $8,534 for the remainder of Fiscal Year 2024-25.
FISCAL IMPACT:
Funding for personnel was included in the City’s Fiscal Year 2025 budget. The proposed amendments will result in roughly $143 thousand in budget savings.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Finance Department
Budget, Water Utility,
Accounts Payable
Accounting, Payroll,
Cash Receipts
City Manager’s Office
ATTACHMENT A
RESOLUTION CC 2024-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, AMENDING THE CITY OF COVINA COMPENSATION
RULES FOR THE MID- MANAGEMENT, SUPERVISORY AND
PROFESSIONAL, AND CONFIDENTIAL AND TECHNICAL
EMPLOYEES, AND THE COMPENSATION RULES FOR EXECUTIVES
WHEREAS, the City of Covina (" City") is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City desires to amend the Compensation Rules for the Mid- Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules and Executive Compensation Rules and Salary Schedule, revising Sections 3. A and 3. B of the Mid- Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules and Section 2 of the Executive Compensation Rules, to 1) Reestablish the classification of Finance Director; 2) Reestablish the classification of Human Resources Manager; and 3) Establish the new classification of Deputy City Clerk/Records Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves and authorizes the Human Resources Manager to amend the City's Compensation Rules and Salary Schedule for the Mid- Management, Supervisory and Professional, and Confidential and Technical Employees, effective July 1, 2024, as follows:
A. The classification of Administrative Services Director shall be reclassified to Finance Director.
B. The monthly salary range for Finance Director shall be within the salary schedule for fulltime Executive employees starting at $12,924.21 to $17,570.21.
C. The classification of Human Resources Manager shall be reestablished.
D. The monthly salary range for Human Resources Manager shall be within the salary schedule for fulltime Mid-Management employees starting at $10,156.29 (Step 1) to $13,609.19 (Step 7).
E. The classification of Deputy City Clerk/Records manager shall be added to the MidManagement employees Compensation Rules.
F. The monthly salary range for Deputy City Clerk/Records Manager shall be within the salary schedule for fulltime Mid-Management employees starting at $6,493.77 (Step 1) to $8,702.27 (Step 7).
G. The classification of Chief Deputy City Clerk shall be removed from the MidManagement Compensation Rules and added to the Executive Compensation Rules.
Resolution CC 2024-80 Page 2 of 2
The revised salary schedules for Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules, effective July 1, 2024 and respective job descriptions are attached hereto as Exhibits A and B.
SECTION 2. The Deputy City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED AND PASSED this 20th day of August, 2024.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-80 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of August, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CITY OF COVINA
DEPUTY CITY CLERK/RECORDS MANAGER
DEFINITION:
Under general direction, provides highly responsible and complex administrative support to the Chief Deputy City Clerk; directly plans, organizes, and manages the activities and operations of the assigned functions; administers and supervises the City's records management program; coordinates assigned activities with other divisions, departments, and outside agencies; serves as acting Chief Deputy City Clerk in the Chief Deputy City Clerk's absence; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS:
The Deputy City Clerk is a single class mid-management position reporting to the Chief Deputy City Clerk and is responsible for managing the day-to-day operations of the City Clerk's office, including ensuring that actions requiring City Council review or approval are processed in a timely manner. This position has a high level of interaction with the public, other City departments and elected officials, requiring a high degree of administrative and logistical coordination and having a significant potential impact on City operations.
SUPERVISION RECEIVED/EXERCISED:
Receives general supervision from the Chief Deputy City Clerk and City Manager or his/her designee. The incumbent in this position exercises supervision over subordinate staff.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) Assists the Chief Deputy City Clerk in planning, organizing, controlling, integrating, and evaluating the work of the City Clerk's Office in compliance with federal, state, and local laws, codes, and policies; assists in the development, implementation, and monitoring of long-term plans, goals, and objectives; and participates in managing and directing the development, implementation, and evaluation of plans, policies, systems, and procedures to achieve annual department goals and work standards. Performs assigned functions and services of the City Clerk's Office including boards/committees/commissions program; municipal code; department website; preparation of City Council/Agency/Commission agenda and packets, including preparation of all supporting materials for meetings; recording, publication, indexing, and filing City Council/Agency/Commission proceedings; follow-up of City Council action; recording/certification of ordinances, deeds, resolutions, and contracts; official noticing to meet legal requirements for public hearings, meetings, ordinances, and bid openings; annexations, lighting and landscape districts, claims/summons/subpoenas, and vacation/abandonments.
Assists at meetings as required including assisting the public and acting in the absence of the Chief Deputy City Clerk.
Assists in administration of elections and election related activities and issues; and provides information and assistance related to citizen initiated process such as initiative and recall.
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
DEPUTY CITY CLERK/RECORDS MANAGER
Assists in organizing and administering the filings and communications related to Fair Political Practices Commission as well as local campaign ordinances, including campaign disclosures and conflict of interest statements; monitors and reviews filings to ensure reportings are complete and in compliance with specified requirements.
Supervises and administers the City's records management and archiving programs including staff training and awareness program as well as retention/destruction of official records. Maintains custody and directs the processing of official records and archives of the City. Prepares and administers departmental budget under the direction of the Chief Deputy City Clerk. Assists with the development and preparation of procedural manuals and department brochures, forms, and handouts.
Administers oaths of office and certifies official documents. Facilitates requests for Administrative records; directs and participates in providing information and access to City records to City staff and the public; conducts research on the more complex inquiries; retrieves and makes copies of City Council/Agency/Commission actions and other public documents upon request.
Responds to inquiries from the public, City Officials, and City staff regarding official City actions as well as functions and processes related to the City Clerk's Office. Provides staff assistance to the Chief Deputy City Clerk; completes special projects as assigned; represents the Chief Deputy City Clerk at various meetings and events; conducts research and analysis and prepares and presents staff reports and other necessary correspondence. Maintains current knowledge of new trends and innovations related to area of assignment. Assists in imaging, QC (quality control), indexing and refining the search module/criteria of the City's Document Imaging System.
May direct others in the performance of related tasks; coordinates work assignments; may supervise, train and evaluate subordinates.
Assists with bid openings; advertises bid requests; tracks bids as they are submitted; conducts annual recruitments for scheduled board committee and commission vacancies; posts notices; accepts applications; adds items to agenda in order for Council to make selection. Formats agenda packets and minutes for posting to the web; maintains administrative files and databases for legal documents, archival materials, resolutions, ordinances, minutes, agreements and contracts; assists with records retention, which includes document imaging. Assists the Chief Deputy City Clerk with managing social media and public information for the City. Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.
DEPUTY CITY CLERK/RECORDS MANAGER
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Physical
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard.
Additionally, the position requires near and far vision in reading correspondence and statistical data and using a computer. Acute hearing is required when providing phone and personal service. The need to lift, drag and push files, paper and documents weighing up to 25 pounds, as well as speech sufficient to communicate in group settings without the aid of a microphone, is also required.
Mental
Operations require almost continuous attention. Incumbents are required to use written and oral communication skills, read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; perform highly detailed work on multiple, concurrent tasks; work under deadlines with constant interruptions; and interact with City management, staff, the public and others encountered in the course of work.
Environmental
Work is performed in a standard office setting. Environment is generally indoors and clean, with limited exposure to dust, fumes, odors or noise. Work schedule may include evenings.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Chief Deputy City Clerk. A typical way to obtain the qualifications would be to:
Three (3) years of increasingly responsible experience in office management involving complex records management systems, developing agendas and taking minutes including one (1) year in a supervisory or managerial position. Experience working in a City Clerk's Office providing support to a City Council, Board, Commission or other body which involved office management, is preferred.
Possession of a Bachelor's Degree in public administration, business administration or a related field is highly desirable.
License/Certificate:
Possess and maintain a valid Class C California driver’s license and satisfactory driving record. Possession of, or the ability to obtain within one (1) year of appointment a California Notary Public Commission Certificate is required.
Possession of, or ability to obtain within one year of employment, designation as a Certified Municipal Clerk (CMC) designation is required.
DEPUTY CITY CLERK/RECORDS MANAGER
KNOWLEDGE/SKILLS/ABILITIES: (The following are a representative sample of the KSA’s necessary to perform essential duties of the position.) Knowledge of:
Working knowledge of the organization and functions of the City Clerk's Office; modern principles, practices and techniques of municipal records management and elections; municipal government organizations, policies and procedures; general office practices and procedures; document imaging; use and maintenance of social media platforms; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; procedures relating to bids for contract services, equipment, materials and supplies; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; understanding of occupational hazards and standard safety practices.
Ability to:
Understand, interpret and explain pertinent federal, state, and local laws, codes, and regulations including the Brown Act, Political Reform Act, Government Code, and Municipal Code; provide information and organize material in compliance with laws, regulations, policies and procedures; periodically attend evening or weekend meetings as required; create, post, and monitor social media and public information messages; perform mathematical calculations quickly and accurately; interpret, explain and apply applicable laws, codes and regulations; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate effectively, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of software applications; operate a variety of automated record keeping systems.
REPRESENTATION: UNAFFILIATED
CLASSIFICATION: MID-MANAGEMENT
Created: 08/20/2024
CITY OF COVINA
HUMAN RESOURCES MANAGER
DEFINITION:
Under administrative direction, plans, manages, oversees, and directs the operations and services of the Human Resources Division, including recruitment, selection, employee and labor relations, classification, compensation, training, public liability, safety and Workers’ Compensation; coordinates activities with other City officials, departments, outside agencies, and organizations; oversees and maintains records and personnel files; serves as a technical resource for the City Council, City Manager and other City personnel; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Human Resources Manager is the administrative management level class responsible for the overall planning, organizing and administration of the City’s Human Resources Division. The incumbent is expected to perform the full scope of assigned duties. This classification is distinguished from the next higher classification of Deputy City Manager in that the latter has overall responsibility for assisting in the administration of all City Departments and operations.
SUPERVISION RECEIVED/EXERCISED:
Receives administrative direction from the Deputy City Manager. Exercises direct and indirect supervision over assigned staff.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) Accepts management responsibility for all of the City’s Human Resources related activities and services, including recruitment and selection, employee and labor relations, classification, compensation, training, public liability, safety, and Workers’ Compensation; creates, implements, coordinates, and manages personnel policies and procedures, employee performance evaluation systems, the Injury and Illness prevention program, and unemployment claims. Develops, implements and maintains the Human Resources Division’s goals, objectives, policies and priorities for appropriate service areas; ensures that established goals and priorities are achieved. Plans, directs, assigns, and coordinates the Human Resources Division’s work plan through appropriate Department staff; reviews and evaluates work methods and procedures; identifies and resolves problems and/or issues.
Reviews and evaluates service delivery methods and systems, including administrative and support systems and internal relationships; identifies opportunities for improvement and implements changes to standard operating procedures to enhance services.
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
HUMAN RESOURCES MANAGER
Oversees the selection, onboarding, training and evaluation programs for City personnel; provides or coordinates staff training; identifies and resolves staff deficiencies; executes disciplinary action and recommends termination procedures.
Initiates special studies for meet and confer purposes; coordinates cost analysis on negotiation proposals; conducts classification and salary studies, and makes recommendations to the City Manager and/or Deputy City Manager; initiates, conducts and/or oversees investigations relative to complaints of discrimination and/or harassment; provides assistance and guidance to departments in the use of and appropriate procedures to follow in taking disciplinary actions against employees. Administers the citywide employee benefit and retirement program activities through contract administration and outside provider services.
Manages and coordinates the development of the Human Resource Division’s budget; monitors and approves expenditures; advises appropriate program personnel on budget matters; makes adjustments to the budget as necessary.
Provides assistance to the City Council and all City Staff; serves as a technical resource; coordinates pertinent information, resources and work teams necessary to support a positive and productive environment; drafts proposed resolutions and ordinances; prepares correspondence, reports and makes recommendations to the City Manager and/or Deputy City Manager. Attends and participates in professional and community meetings; stays current on issues relative to the fields of human resources, risk management, safety, Workers’ Compensation and service delivery responsibilities; responds to and resolves sensitive and complex community and organizational inquiries, issues and complaints; establishes and maintains a customer service orientation within the Department.
Provides technical support to the Chief Negotiator for the City in the negotiation of labor agreements with employee organizations; acts as Chief Negotiator as assigned; drafts contract language; administers labor agreements; represents the City in labor and management issues. Demonstrates a full understanding of applicable policies, procedures and work methods associated with assigned duties; responds to questions and concerns from the general public; provides information as is appropriate and resolves public service complaints.
Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in using a computer keyboard. Additionally, the position requires near and far vision in reading written reports and work related documents. Acute hearing is required when providing phone and personal service. The need to lift, drag and push files, paper and documents weighing up to 25 pounds also is required.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
HUMAN RESOURCES MANAGER
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Human Resources Manager. A typical way of obtaining the required qualifications is to possess the equivalent of five years of increasingly responsible experience in Human Resources, including two years as a supervisor, and a bachelor’s degree in human resources, business, public administration or closely related field.
License/Certificate:
Possession of, or ability to obtain, a Class C California driver's license KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Modern principles, practices and techniques of public human resources administration, organization and operation; recruitment and selection techniques and procedures; principles and practices of public risk management, safety, loss control, self-insurance programs, Workers’ Compensation, and property liability; benefit and retirement system administration; principles and practice of employer-employee relations; principles and practices of budget administration; methods and techniques of supervision, training and motivation; basic principles of mathematics; applicable federal, state and local laws, codes and regulations, including labor laws; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.
Ability to:
Plan, direct, manage, assign, and coordinate the work of the Human Resources Division; develop and administer sound departmental goals, objectives, policies and methods for evaluating achievement and performance levels; properly interpret and make decisions in accordance with laws, regulations and policies; negotiate labor agreements and write labor contract language within the authority granted by the City Council; analyze complex administrative, personnel, benefit, and risk management issues; plan, organize, train, evaluate and direct work of assigned staff; perform mathematical calculations quickly and accurately; interpret, explain and apply applicable laws, codes and regulations; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
HUMAN RESOURCES MANAGER
Operate an office computer and a variety of word processing and software applications.
Revised: 06/26/2019 and 08/20/2024
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6410 ACCOUNTANT 1 $ 31.63 $ 5,482.86 $ 65,794.31
2 $ 33.22 $ 5,757.60 $ 69,091.19
3 $ 34.88 $ 6,045.78 $ 72,549.35
4 $ 36.62 $ 6,347.40 $ 76,168.74
5 $ 38.45 $ 6,665.44 $ 79,985.24
6 $ 40.38 $ 6,998.71 $ 83,984.51
7 $ 42.40 $ 7,348.64 $ 88,183.73
6270 ACCOUNTING SUPERVISOR 1 $ 40.10 $ 6,950.87 $ 83,410.43 2 $ 42.11 $ 7,298.41 $ 87,580.94
3 $ 44.21 $ 7,663.33 $ 91,960.00
4 $ 46.42 $ 8,046.50 $ 96,558.00
5 $ 48.74 $ 8,448.83 $ 101,385.91
6 $ 51.18 $ 8,871.27 $ 106,455.21
7 $ 53.74 $ 9,314.83 $ 111,777.96
6020 ADMINISTRATIVE TECHNICIAN 1 $ 24.88 $ 4,312.85 $ 51,754.17 6543 2 $ 26.13 $ 4,528.49 $ 54,341.87
3 $ 27.43 $ 4,754.26 $ 57,051.16
4 $ 28.80 $ 4,991.61 $ 59,899.36
5 $ 30.24 $ 5,241.99 $ 62,903.91
6 $ 31.75 $ 5,504.09 $ 66,049.09
7 $ 33.34 $ 5,779.30 $ 69,351.55
6460 BUILDING OFFICIAL 1 $ 45.36 $ 7,862.79 $ 94,353.48 2 $ 47.63 $ 8,256.37 $ 99,076.39
3 $ 50.01 $ 8,668.82 $ 104,025.85
4 $ 52.51 $ 9,101.61 $ 109,219.32
5 $ 55.14 $ 9,557.63 $ 114,691.60
6 $ 57.90 $ 10,035.51 $ 120,426.18
7 $ 60.79 $ 10,537.29 $ 126,447.49
6470 CITY ENGINEER 1 $ 59.50 $ 10,312.78 $ 123,753.37
2 $ 62.47 $ 10,828.42 $ 129,941.05
3 $ 65.60 $ 11,369.84 $ 136,438.11
4 $ 68.88 $ 11,938.33 $ 143,260.00
5 $ 72.32 $ 12,535.25 $ 150,423.00
6 $ 75.93 $ 13,162.01 $ 157,944.16
7 $ 79.73 $ 13,820.11 $ 165,841.36
6040 DEPUTY CITY CLERK 1 $ 29.69 $ 5,146.98 $ 61,763.72 2 $ 31.18 $ 5,404.04 $ 64,848.43
3 $ 32.74 $ 5,674.16 $ 68,089.96
4 $ 34.37 $ 5,957.36 $ 71,488.38
5 $ 36.09 $ 6,255.09 $ 75,061.03
6 $ 37.89 $ 6,567.84 $ 78,814.09
7 $ 39.79 $ 6,896.23 $ 82,754.79
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6042 DEPUTY CITY CLERK/RECORDS MANAGER 1 $ 37.46 $ 6,493.77 $ 77,925.22 2 $ 39.34 $ 6,818.46 $ 81,821.49
3 $ 41.30 $ 7,159.38 $ 85,912.56
4 $ 43.37 $ 7,517.35 $ 90,208.19
5 $ 45.54 $ 7,893.21 $ 94,718.60
6 $ 47.81 $ 8,287.88 $ 99,454.53
7 $ 50.21 $ 8,702.27 $ 104,427.25
6465 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 $ 60.98 $ 10,570.60 $ 126,847.20 FINANCE 2 $ 64.03 $ 11,099.13 $ 133,189.56
3 $ 67.24 $ 11,654.09 $ 139,849.04
4 $ 70.60 $ 12,236.79 $ 146,841.49
5 $ 74.13 $ 12,848.63 $ 154,183.56
6 $ 77.83 $ 13,491.06 $ 161,892.74
7 $ 81.72 $ 14,165.61 $ 169,987.38
6464 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 $ 60.98 $ 10,570.60 $ 126,847.20 HUMAN RESOURCES 2 $ 64.03 $ 11,099.13 $ 133,189.56
3 $ 67.24 $ 11,654.09 $ 139,849.04
4 $ 70.60 $ 12,236.79 $ 146,841.49
5 $ 74.13 $ 12,848.63 $ 154,183.56
6 $ 77.83 $ 13,491.06 $ 161,892.74
7 $ 81.72 $ 14,165.61 $ 169,987.38
6461 DEPUTY DIRECTOR OF COMMUNITY 1 $ 59.50 $ 10,312.78 $ 123,753.37 DEVELOPMENT & BUILDING OFFICIAL 2 $ 62.47 $ 10,828.42 $ 129,941.05 3 $ 65.60 $ 11,369.84 $ 136,438.11
4 $ 68.88 $ 11,938.33 $ 143,260.00
5 $ 72.32 $ 12,535.25 $ 150,423.00
6 $ 75.93 $ 13,162.01 $ 157,944.16
7 $ 79.73 $ 13,820.11 $ 165,841.36
6462 DEPUTY DIRECTOR OF PUBLIC WORKS/ 1 $ 67.11 $ 11,631.79 $ 139,581.49 CITY ENGINEER 2 $ 70.46 $ 12,213.38 $ 146,560.56
3 $ 73.98 $ 12,824.05 $ 153,888.59
4 $ 77.68 $ 13,465.25 $ 161,583.02
5 $ 81.57 $ 14,138.51 $ 169,662.17
6 $ 85.65 $ 14,845.44 $ 178,145.28
7 $ 89.93 $ 15,587.71 $ 187,052.54
6463 DEPUTY DIRECTOR OF PUBLIC WORKS - 1 $ 63.75 $ 11,050.20 $ 132,602.42 OPERATIONS AND TRANSPORTATION 2 $ 66.94 $ 11,602.71 $ 139,232.54 3 $ 70.29 $ 12,182.85 $ 146,194.16
4 $ 73.80 $ 12,791.99 $ 153,503.87
5 $ 77.49 $ 13,431.59 $ 161,179.07
6 $ 81.36 $ 14,103.17 $ 169,238.01
7 $ 85.43 $ 14,808.33 $ 177,699.92
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6450 ECONOMIC DEVELOPMENT MANAGER 1 $ 50.60 $ 8,770.80 $ 105,249.55 2 $ 53.13 $ 9,209.34 $ 110,512.04
3 $ 55.79 $ 9,669.80 $ 116,037.64
4 $ 58.58 $ 10,153.29 $ 121,839.52
5 $ 61.51 $ 10,660.96 $ 127,931.50
6 $ 64.58 $ 11,194.01 $ 134,328.08
7 $ 67.81 $ 11,753.71 $ 141,044.48
6135 ENVIRONMENTAL SERVICES ANALYST 1 $ 35.92 $ 6,226.09 $ 74,713.13 2 $ 37.72 $ 6,537.40 $ 78,448.79
3 $ 39.60 $ 6,864.27 $ 82,371.23
4 $ 41.58 $ 7,207.48 $ 86,489.79
5 $ 43.67 $ 7,570.10 $ 90,841.19
6 $ 45.86 $ 7,948.60 $ 95,383.24
7 $ 48.15 $ 8,346.03 $ 100,152.41
6132 ENVIRONMENTAL SERVICES 1 $ 43.52 $ 7,543.28 $ 90,519.40 AND TRANSPORTATION MANAGER 2 $ 45.69 $ 7,919.43 $ 95,033.17 3 $ 47.98 $ 8,315.91 $ 99,790.93
4 $ 50.37 $ 8,731.27 $ 104,775.25
5 $ 52.89 $ 9,168.41 $ 110,020.97
6 $ 55.54 $ 9,626.83 $ 115,522.02
7 $ 58.32 $ 10,108.18 $ 121,298.13
6493 EQUIPMENT MAINTENANCE SUPERINTENDENT 1 $ 38.15 $ 6,612.10 $ 79,345.14 2 $ 40.05 $ 6,942.70 $ 83,312.39
3 $ 42.06 $ 7,289.83 $ 87,478.01
4 $ 44.16 $ 7,654.33 $ 91,851.92
5 $ 46.37 $ 8,037.04 $ 96,444.51
6 $ 48.69 $ 8,438.89 $ 101,266.74
7 $ 51.12 $ 8,860.84 $ 106,330.07
6140 EQUIPMENT MAINTENANCE 1 $ 33.80 $ 5,858.24 $ 70,298.92 SUPERVISOR 2 $ 35.49 $ 6,151.93 $ 73,823.19
3 $ 37.27 $ 6,459.74 $ 77,516.90
4 $ 39.13 $ 6,781.67 $ 81,380.02
5 $ 41.09 $ 7,121.95 $ 85,463.44
6 $ 43.14 $ 7,478.05 $ 89,736.61
7 $ 45.30 $ 7,851.95 $ 94,223.44
6027 EXECUTIVE ASSISTANT TO THE 1 $ 30.74 $ 5,327.89 $ 63,934.70 CITY MANAGER 2 $ 32.28 $ 5,594.51 $ 67,134.08
3 $ 33.89 $ 5,874.31 $ 70,491.67
4 $ 35.58 $ 6,167.29 $ 74,007.44
5 $ 37.36 $ 6,476.38 $ 77,716.62
6 $ 39.23 $ 6,800.20 $ 81,602.45
7 $ 41.19 $ 7,140.21 $ 85,682.57
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6028 EXECUTIVE ASSISTANT TO THE 1 $ 30.74 $ 5,327.89 $ 63,934.70 POLICE CHIEF 2 $ 32.28 $ 5,594.51 $ 67,134.08
3 $ 33.89 $ 5,874.31 $ 70,491.67
4 $ 35.58 $ 6,167.29 $ 74,007.44
5 $ 37.36 $ 6,476.38 $ 77,716.62
6 $ 39.23 $ 6,800.20 $ 81,602.45
7 $ 41.19 $ 7,140.21 $ 85,682.57
6070 FINANCE MANAGER 1 $ 54.88 $ 9,512.30 $ 114,147.64
2 $ 57.62 $ 9,987.13 $ 119,845.51
3 $ 60.50 $ 10,486.41 $ 125,836.94
4 $ 63.53 $ 11,011.59 $ 132,139.13
5 $ 66.70 $ 11,561.24 $ 138,734.85
6 $ 70.03 $ 12,139.30 $ 145,671.59
7 $ 73.54 $ 12,746.26 $ 152,955.18
6124 GIS ANALYST 1 $ 37.70 $ 6,535.14 $ 78,421.70
2 $ 39.60 $ 6,863.47 $ 82,361.60
3 $ 41.58 $ 7,206.43 $ 86,477.16
4 $ 43.65 $ 7,566.12 $ 90,793.50
5 $ 45.83 $ 7,944.64 $ 95,335.69
6 $ 48.13 $ 8,341.87 $ 100,102.48
7 $ 50.53 $ 8,758.97 $ 105,107.61
6315 HUMAN RESOURCES ANALYST 1 $ 34.60 $ 5,997.52 $ 71,970.26 2 $ 36.33 $ 6,297.93 $ 75,575.14
3 $ 38.15 $ 6,612.06 $ 79,344.77
4 $ 40.06 $ 6,942.97 $ 83,315.67
5 $ 42.06 $ 7,290.65 $ 87,487.85
6 $ 44.16 $ 7,655.19 $ 91,862.24
7 $ 46.37 $ 8,037.95 $ 96,455.35
6320 HUMAN RESOURCES MANAGER 1 $ 58.59 $ 10,156.29 $ 121,875.43 2 $ 61.52 $ 10,663.25 $ 127,959.05
3 $ 64.59 $ 11,196.34 $ 134,356.10
4 $ 67.83 $ 11,757.08 $ 141,084.95
5 $ 71.22 $ 12,343.93 $ 148,127.20
6 $ 74.78 $ 12,961.13 $ 155,533.56
7 $ 78.51 $ 13,609.19 $ 163,310.24
6185 INFORMATION TECHNOLOGY 1 $ 59.50 $ 10,312.78 $ 123,753.37 SERVICES MANAGER 2 $ 62.47 $ 10,828.42 $ 129,941.05
3 $ 65.60 $ 11,369.84 $ 136,438.11
4 $ 68.88 $ 11,938.33 $ 143,260.00
5 $ 72.32 $ 12,535.25 $ 150,423.00
6 $ 75.93 $ 13,162.01 $ 157,944.16
7 $ 79.73 $ 13,820.11 $ 165,841.36
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6148 LIBRARIAN I 1 $ 31.92 $ 5,532.13 $ 66,385.56
2 $ 33.51 $ 5,808.74 $ 69,704.84
3 $ 35.19 $ 6,099.17 $ 73,190.08
4 $ 36.95 $ 6,404.13 $ 76,849.59
5 $ 38.79 $ 6,724.34 $ 80,692.06
6 $ 40.73 $ 7,060.56 $ 84,726.67
7 $ 42.77 $ 7,413.58 $ 88,963.00
6149 LIBRARIAN II 1 $ 34.39 $ 5,961.66 $ 71,539.95
2 $ 36.11 $ 6,259.75 $ 75,116.94
3 $ 37.92 $ 6,572.73 $ 78,872.79
4 $ 39.82 $ 6,901.37 $ 82,816.43
5 $ 41.81 $ 7,246.44 $ 86,957.25
6 $ 43.90 $ 7,608.76 $ 91,305.11
7 $ 46.09 $ 7,989.20 $ 95,870.36
6147 LIBRARY MANAGER 1 $ 49.12 $ 8,514.64 $ 102,175.65
2 $ 51.58 $ 8,940.37 $ 107,284.43
3 $ 54.16 $ 9,387.39 $ 112,648.66
4 $ 56.87 $ 9,856.76 $ 118,281.08
5 $ 59.71 $ 10,349.60 $ 124,195.14
6 $ 62.69 $ 10,867.08 $ 130,404.91
7 $ 65.83 $ 11,410.43 $ 136,925.15
6146 LIBRARY SERVICES SUPERVISOR 1 $ 38.15 $ 6,612.10 $ 79,345.14 2 $ 40.05 $ 6,941.20 $ 83,294.44
3 $ 42.05 $ 7,288.60 $ 87,463.15
4 $ 44.15 $ 7,652.61 $ 91,831.31
5 $ 46.36 $ 8,036.57 $ 96,438.85
6 $ 48.68 $ 8,438.40 $ 101,260.79
7 $ 51.12 $ 8,860.32 $ 106,323.84
6141 LITERACY PROGRAM COORDINATOR 1 $ 33.77 $ 5,854.25 $ 70,251.00 6142 2 $ 35.46 $ 6,146.16 $ 73,753.96
3 $ 37.23 $ 6,454.05 $ 77,448.64
4 $ 39.09 $ 6,776.47 $ 81,317.58
5 $ 41.06 $ 7,116.30 $ 85,395.65
6 $ 43.11 $ 7,472.12 $ 89,665.43
7 $ 45.26 $ 7,845.73 $ 94,148.71
6150 MANAGEMENT ANALYST 1 $ 34.60 $ 5,997.52 $ 71,970.26 6550 2 $ 36.33 $ 6,297.93 $ 75,575.14
3 $ 38.15 $ 6,612.06 $ 79,344.77
4 $ 40.06 $ 6,942.97 $ 83,315.67
5 $ 42.06 $ 7,290.65 $ 87,487.85
6 $ 44.16 $ 7,655.19 $ 91,862.24
7 $ 46.37 $ 8,037.95 $ 96,455.35
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6160 MANAGEMENT ANALYST TRAINEE 1 $ 27.36 $ 4,742.79 $ 56,913.50 6161 2 $ 28.73 $ 4,980.00 $ 59,760.03
3 $ 30.16 $ 5,228.51 $ 62,742.09
4 $ 31.67 $ 5,489.72 $ 65,876.65
5 $ 33.25 $ 5,763.64 $ 69,163.69
6 $ 34.91 $ 6,051.82 $ 72,621.88
7 $ 36.66 $ 6,354.41 $ 76,252.97
6356 PARKS AND BUILDING SUPERINTENDENT 1 $ 38.91 $ 6,744.34 $ 80,932.05 2 $ 40.86 $ 7,081.55 $ 84,978.64
3 $ 42.90 $ 7,435.63 $ 89,227.57
4 $ 45.04 $ 7,807.41 $ 93,688.96
5 $ 47.29 $ 8,197.78 $ 98,373.40
6 $ 49.66 $ 8,607.67 $ 103,292.07
7 $ 52.14 $ 9,038.06 $ 108,456.67
6230 PARKS AND RECREATION MANAGER 1 $ 49.12 $ 8,514.64 $ 102,175.65 2 $ 51.58 $ 8,940.37 $ 107,284.43
3 $ 54.16 $ 9,387.39 $ 112,648.66
4 $ 56.87 $ 9,856.76 $ 118,281.08
5 $ 59.71 $ 10,349.60 $ 124,195.14
6 $ 62.69 $ 10,867.08 $ 130,404.91
7 $ 65.83 $ 11,410.43 $ 136,925.15
6105 PARKS AND RECREATION SUPERVISOR 1 $ 38.15 $ 6,612.10 $ 79,345.14 2 $ 40.05 $ 6,941.20 $ 83,294.44
3 $ 42.05 $ 7,288.60 $ 87,463.15
4 $ 44.15 $ 7,652.61 $ 91,831.31
5 $ 46.36 $ 8,036.57 $ 96,438.85
6 $ 48.68 $ 8,438.40 $ 101,260.79
7 $ 51.12 $ 8,860.32 $ 106,323.84
6190 PARKS MAINTENANCE SUPERVISOR 1 $ 38.15 $ 6,612.10 $ 79,345.14 2 $ 40.05 $ 6,941.20 $ 83,294.44
3 $ 42.05 $ 7,288.60 $ 87,463.15
4 $ 44.15 $ 7,652.61 $ 91,831.31
5 $ 46.36 $ 8,036.57 $ 96,438.85
6 $ 48.68 $ 8,438.40 $ 101,260.79
7 $ 51.12 $ 8,860.32 $ 106,323.84
6055 PAYROLL TECHNICIAN 1 $ 28.16 $ 4,880.60 $ 58,567.19 2 $ 29.57 $ 5,124.63 $ 61,495.51
3 $ 31.04 $ 5,380.85 $ 64,570.24
4 $ 32.60 $ 5,649.91 $ 67,798.86
5 $ 34.23 $ 5,932.39 $ 71,188.71
6 $ 35.94 $ 6,229.01 $ 74,748.14
7 $ 37.73 $ 6,540.46 $ 78,485.55
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6056 PAYROLL ANALYST 1 $ 34.60 $ 5,997.52 $ 71,970.26
2 $ 36.33 $ 6,297.93 $ 75,575.14
3 $ 38.15 $ 6,612.06 $ 79,344.77
4 $ 40.06 $ 6,942.97 $ 83,315.67
5 $ 42.06 $ 7,290.65 $ 87,487.85
6 $ 44.16 $ 7,655.19 $ 91,862.24
7 $ 46.37 $ 8,037.95 $ 96,455.35
6120 PERMIT TECHNICIAN 1 $ 26.01 $ 4,508.39 $ 54,100.63 2 $ 27.31 $ 4,733.81 $ 56,805.66
3 $ 28.68 $ 4,970.50 $ 59,645.95
4 $ 30.11 $ 5,219.02 $ 62,628.24
5 $ 31.62 $ 5,479.97 $ 65,759.66
6 $ 33.20 $ 5,753.97 $ 69,047.64
7 $ 34.86 $ 6,041.67 $ 72,500.02
6481 PLANNING MANAGER 1 $ 51.61 $ 8,946.21 $ 107,354.54 2 $ 54.19 $ 9,393.52 $ 112,722.28
3 $ 56.90 $ 9,863.20 $ 118,358.39
4 $ 59.75 $ 10,356.36 $ 124,276.31
5 $ 62.74 $ 10,874.18 $ 130,490.13
6 $ 65.87 $ 11,417.89 $ 137,014.64
7 $ 69.17 $ 11,988.78 $ 143,865.37
6234 PUBLIC WORKS MANAGER - ENGINEERING AND 1 $ 50.60 $ 8,770.80 $ 105,249.55 CAPITAL IMPROVEMENT 2 $ 53.13 $ 9,209.34 $ 110,512.04
3 $ 55.79 $ 9,669.80 $ 116,037.64
4 $ 58.58 $ 10,153.29 $ 121,839.52
5 $ 61.51 $ 10,660.96 $ 127,931.50
6 $ 64.58 $ 11,194.01 $ 134,328.08
7 $ 67.81 $ 11,753.71 $ 141,044.48
6235 PUBLIC WORKS MANAGER - ENVIRONMENTAL AND 1 $ 50.60 $ 8,770.80 $ 105,249.55 UTILITY SERVICES 2 $ 53.13 $ 9,209.34 $ 110,512.04
3 $ 55.79 $ 9,669.80 $ 116,037.64
4 $ 58.58 $ 10,153.29 $ 121,839.52
5 $ 61.51 $ 10,660.96 $ 127,931.50
6 $ 64.58 $ 11,194.01 $ 134,328.08
7 $ 67.81 $ 11,753.71 $ 141,044.48
6035 RECORDS TECHNICIAN 1 $ 25.49 $ 4,418.05 $ 53,016.56 2 $ 26.76 $ 4,638.93 $ 55,667.19
3 $ 28.10 $ 4,870.23 $ 58,442.80
4 $ 29.50 $ 5,113.36 $ 61,360.38
5 $ 30.98 $ 5,369.84 $ 64,438.09
6 $ 32.53 $ 5,638.33 $ 67,659.99
7 $ 34.16 $ 5,920.25 $ 71,042.99
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6231 RECREATION & LIBRARY SERVICES MANAGER 1 $ 49.12 $ 8,514.64 $ 102,175.65 2 $ 51.58 $ 8,940.37 $ 107,284.43
3 $ 54.16 $ 9,387.39 $ 112,648.66
4 $ 56.87 $ 9,856.76 $ 118,281.08
5 $ 59.71 $ 10,349.60 $ 124,195.14
6 $ 62.69 $ 10,867.08 $ 130,404.91
7 $ 65.83 $ 11,410.43 $ 136,925.15
6310 SAFETY COORDINATOR 1 $ 40.22 $ 6,971.25 $ 83,654.98 2 $ 42.23 $ 7,319.37 $ 87,832.40
3 $ 44.34 $ 7,685.26 $ 92,223.13
4 $ 46.56 $ 8,070.41 $ 96,844.95
5 $ 48.88 $ 8,473.34 $ 101,680.09
6 $ 51.33 $ 8,897.01 $ 106,764.10
7 $ 53.90 $ 9,341.86 $ 112,102.31
6280 SENIOR ACCOUNTANT 1 $ 35.00 $ 6,067.27 $ 72,807.29 2 $ 36.75 $ 6,370.63 $ 76,447.59
3 $ 38.59 $ 6,689.17 $ 80,270.06
4 $ 40.52 $ 7,023.62 $ 84,283.49
5 $ 42.55 $ 7,374.81 $ 88,497.71
6 $ 44.67 $ 7,743.55 $ 92,922.60
7 $ 46.91 $ 8,130.73 $ 97,568.72
6090 SENIOR ADMINISTRATIVE TECHNICIAN 1 $ 27.49 $ 4,764.39 $ 57,172.74 2 $ 28.86 $ 5,003.19 $ 60,038.33
3 $ 30.31 $ 5,253.57 $ 63,042.84
4 $ 31.82 $ 5,515.52 $ 66,186.29
5 $ 33.42 $ 5,791.95 $ 69,503.43
6 $ 35.09 $ 6,081.55 $ 72,978.61
7 $ 36.84 $ 6,385.63 $ 76,627.54
6255 SENIOR HOUSING/CDBG ECONOMIC 1 $ 50.11 $ 8,685.00 $ 104,219.98 DEVELOPMENT MANAGER 2 $ 52.61 $ 9,118.47 $ 109,421.65
3 $ 55.24 $ 9,574.54 $ 114,894.45
4 $ 58.00 $ 10,053.19 $ 120,638.32
5 $ 60.90 $ 10,555.85 $ 126,670.23
6 $ 63.94 $ 11,083.64 $ 133,003.74
7 $ 67.14 $ 11,637.83 $ 139,653.93
6325 SENIOR HUMAN RESOURCES ANALYST 1 $ 40.22 $ 6,971.25 $ 83,654.98 2 $ 42.23 $ 7,319.37 $ 87,832.40
3 $ 44.34 $ 7,685.26 $ 92,223.13
4 $ 46.56 $ 8,070.41 $ 96,844.95
5 $ 48.88 $ 8,473.34 $ 101,680.09
6 $ 51.33 $ 8,897.01 $ 106,764.10
7 $ 53.90 $ 9,341.86 $ 112,102.31
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6300 SENIOR MANAGEMENT ANALYST 1 $ 40.22 $ 6,971.25 $ 83,654.98 6301 2 $ 42.23 $ 7,319.37 $ 87,832.40
3 $ 44.34 $ 7,685.26 $ 92,223.13
4 $ 46.56 $ 8,070.41 $ 96,844.95
5 $ 48.88 $ 8,473.34 $ 101,680.09
6 $ 51.33 $ 8,897.01 $ 106,764.10
7 $ 53.90 $ 9,341.86 $ 112,102.31
6057 SENIOR PAYROLL ANALYST 1 $ 40.22 $ 6,971.25 $ 83,654.98 2 $ 42.23 $ 7,319.37 $ 87,832.40
3 $ 44.34 $ 7,685.26 $ 92,223.13
4 $ 46.56 $ 8,070.41 $ 96,844.95
5 $ 48.88 $ 8,473.34 $ 101,680.09
6 $ 51.33 $ 8,897.01 $ 106,764.10
7 $ 53.90 $ 9,341.86 $ 112,102.31
6305 SENIOR PLANNER 1 $ 42.16 $ 7,307.56 $ 87,690.67
2 $ 44.27 $ 7,673.75 $ 92,084.99
3 $ 46.49 $ 8,057.73 $ 96,692.79
4 $ 48.80 $ 8,459.51 $ 101,514.11
5 $ 51.25 $ 8,883.52 $ 106,602.23
6 $ 53.81 $ 9,327.70 $ 111,932.34
7 $ 56.50 $ 9,794.08 $ 117,528.96
6330 STREET MAINTENANCE SUPERVISOR 1 $ 35.58 $ 6,167.27 $ 74,007.27 2 $ 37.36 $ 6,475.64 $ 77,707.63
3 $ 39.23 $ 6,799.42 $ 81,593.02
4 $ 41.19 $ 7,139.39 $ 85,672.65
5 $ 43.25 $ 7,496.36 $ 89,956.30
6 $ 45.41 $ 7,871.18 $ 94,454.11
7 $ 47.68 $ 8,264.73 $ 99,176.82
6354 STREETS AND SEWER SUPERINTENDENT 1 $ 48.23 $ 8,360.07 $ 100,320.78 2 $ 50.64 $ 8,778.07 $ 105,336.82
3 $ 53.17 $ 9,216.97 $ 110,603.67
4 $ 55.83 $ 9,677.82 $ 116,133.85
5 $ 58.63 $ 10,161.71 $ 121,940.55
6 $ 61.56 $ 10,669.80 $ 128,037.57
7 $ 64.63 $ 11,203.29 $ 134,439.45
6351 WATER DISTRIBUTION SUPERVISOR 1 $ 41.14 $ 7,130.79 $ 85,569.45 2 $ 43.20 $ 7,487.33 $ 89,847.92
3 $ 45.36 $ 7,861.69 $ 94,340.32
4 $ 47.62 $ 8,254.78 $ 99,057.34
5 $ 50.00 $ 8,667.52 $ 104,010.20
6 $ 52.51 $ 9,100.89 $ 109,210.71
7 $ 55.13 $ 9,555.94 $ 114,671.25
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 29, 2024
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6352 WATER SYSTEMS SUPERVISOR 1 $ 37.17 $ 6,442.24 $ 77,306.89 2 $ 39.03 $ 6,764.35 $ 81,172.23
3 $ 40.98 $ 7,102.57 $ 85,230.84
4 $ 43.03 $ 7,457.70 $ 89,492.39
5 $ 45.18 $ 7,830.58 $ 93,967.01
6 $ 47.44 $ 8,222.11 $ 98,665.37
7 $ 49.81 $ 8,633.22 $ 103,598.63
6353 WATER UTILITY SUPERINTENDENT 1 $ 51.29 $ 8,889.63 $ 106,675.60 2 $ 53.85 $ 9,334.11 $ 112,009.37
3 $ 56.54 $ 9,800.82 $ 117,609.85
4 $ 59.37 $ 10,290.86 $ 123,490.33
5 $ 62.34 $ 10,805.40 $ 129,664.85
6 $ 65.46 $ 11,345.67 $ 136,148.09
7 $ 68.73 $ 11,912.96 $ 142,955.50
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6410 ACCOUNTANT 1 $ 32.58 $ 5,647.34 $ 67,768.14
2 $ 34.21 $ 5,930.33 $ 71,163.92
3 $ 35.93 $ 6,227.15 $ 74,725.83
4 $ 37.72 $ 6,537.82 $ 78,453.80
5 $ 39.61 $ 6,865.40 $ 82,384.80
6 $ 41.59 $ 7,208.67 $ 86,504.04
7 $ 43.67 $ 7,569.10 $ 90,829.24
6270 ACCOUNTING SUPERVISOR 1 $ 41.30 $ 7,159.40 $ 85,912.74 2 $ 43.37 $ 7,517.36 $ 90,208.37
3 $ 45.54 $ 7,893.23 $ 94,718.80
4 $ 47.81 $ 8,287.89 $ 99,454.74
5 $ 50.21 $ 8,702.29 $ 104,427.48
6 $ 52.72 $ 9,137.41 $ 109,648.86
7 $ 55.35 $ 9,594.27 $ 115,131.30
6020 ADMINISTRATIVE TECHNICIAN 1 $ 25.63 $ 4,442.23 $ 53,306.80 6543 2 $ 26.91 $ 4,664.34 $ 55,972.13
3 $ 28.25 $ 4,896.89 $ 58,762.69
4 $ 29.66 $ 5,141.36 $ 61,696.34
5 $ 31.15 $ 5,399.25 $ 64,791.02
6 $ 32.71 $ 5,669.21 $ 68,030.57
7 $ 34.34 $ 5,952.67 $ 71,432.10
6460 BUILDING OFFICIAL 1 $ 46.72 $ 8,098.67 $ 97,184.08 2 $ 49.06 $ 8,504.06 $ 102,048.68
3 $ 51.51 $ 8,928.89 $ 107,146.62
4 $ 54.08 $ 9,374.66 $ 112,495.89
5 $ 56.79 $ 9,844.36 $ 118,132.35
6 $ 59.63 $ 10,336.58 $ 124,038.96
7 $ 62.62 $ 10,853.41 $ 130,240.91
6470 CITY ENGINEER 1 $ 61.28 $ 10,622.16 $ 127,465.97
2 $ 64.35 $ 11,153.27 $ 133,839.28
3 $ 67.56 $ 11,710.94 $ 140,531.25
4 $ 70.94 $ 12,296.48 $ 147,557.80
5 $ 74.49 $ 12,911.31 $ 154,935.69
6 $ 78.21 $ 13,556.87 $ 162,682.48
7 $ 82.12 $ 14,234.72 $ 170,816.60
6040 DEPUTY CITY CLERK 1 $ 30.58 $ 5,301.39 $ 63,616.64 2 $ 32.11 $ 5,566.16 $ 66,793.88
3 $ 33.72 $ 5,844.39 $ 70,132.66
4 $ 35.40 $ 6,136.09 $ 73,633.03
5 $ 37.17 $ 6,442.74 $ 77,312.86
6 $ 39.03 $ 6,764.88 $ 81,178.51
7 $ 40.98 $ 7,103.12 $ 85,237.44
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6042 DEPUTY CITY CLERK/RECORDS MANAGER 1 $ 38.59 $ 6,688.58 $ 80,262.98 2 $ 40.52 $ 7,023.01 $ 84,276.13
3 $ 42.54 $ 7,374.16 $ 88,489.94
4 $ 44.67 $ 7,742.87 $ 92,914.43
5 $ 46.90 $ 8,130.01 $ 97,560.16
6 $ 49.25 $ 8,536.51 $ 102,438.16
7 $ 51.71 $ 8,963.34 $ 107,560.07
6465 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 $ 62.81 $ 10,887.72 $ 130,652.61 FINANCE 2 $ 65.95 $ 11,432.10 $ 137,185.24
3 $ 69.25 $ 12,003.71 $ 144,044.51
4 $ 72.71 $ 12,603.89 $ 151,246.73
5 $ 76.35 $ 13,234.09 $ 158,809.07
6 $ 80.17 $ 13,895.79 $ 166,749.52
7 $ 84.18 $ 14,590.58 $ 175,087.00
6464 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 $ 62.81 $ 10,887.72 $ 130,652.61 HUMAN RESOURCES 2 $ 65.95 $ 11,432.10 $ 137,185.24
3 $ 69.25 $ 12,003.71 $ 144,044.51
4 $ 72.71 $ 12,603.89 $ 151,246.73
5 $ 76.35 $ 13,234.09 $ 158,809.07
6 $ 80.17 $ 13,895.79 $ 166,749.52
7 $ 84.18 $ 14,590.58 $ 175,087.00
6461 DEPUTY DIRECTOR OF COMMUNITY 1 $ 61.28 $ 10,622.16 $ 127,465.97 DEVELOPMENT & BUILDING OFFICIAL 2 $ 64.35 $ 11,153.27 $ 133,839.28 3 $ 67.56 $ 11,710.94 $ 140,531.25
4 $ 70.94 $ 12,296.48 $ 147,557.80
5 $ 74.49 $ 12,911.31 $ 154,935.69
6 $ 78.21 $ 13,556.87 $ 162,682.48
7 $ 82.12 $ 14,234.72 $ 170,816.60
6462 DEPUTY DIRECTOR OF PUBLIC WORKS/ 1 $ 69.12 $ 11,980.74 $ 143,768.94 CITY ENGINEER 2 $ 72.58 $ 12,579.78 $ 150,957.38
3 $ 76.20 $ 13,208.77 $ 158,505.25
4 $ 80.01 $ 13,869.21 $ 166,430.51
5 $ 84.02 $ 14,562.67 $ 174,752.03
6 $ 88.22 $ 15,290.80 $ 183,489.64
7 $ 92.63 $ 16,055.34 $ 192,664.12
6463 DEPUTY DIRECTOR OF PUBLIC WORKS - 1 $ 65.66 $ 11,381.71 $ 136,580.49 OPERATIONS AND TRANSPORTATION 2 $ 68.95 $ 11,950.79 $ 143,409.51 3 $ 72.39 $ 12,548.33 $ 150,579.99
4 $ 76.01 $ 13,175.75 $ 158,108.98
5 $ 79.81 $ 13,834.54 $ 166,014.44
6 $ 83.81 $ 14,526.26 $ 174,315.15
7 $ 88.00 $ 15,252.58 $ 183,030.91
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6450 ECONOMIC DEVELOPMENT MANAGER 1 $ 52.12 $ 9,033.92 $ 108,407.04 2 $ 54.72 $ 9,485.62 $ 113,827.40
3 $ 57.46 $ 9,959.90 $ 119,518.77
4 $ 60.33 $ 10,457.89 $ 125,494.71
5 $ 63.35 $ 10,980.79 $ 131,769.45
6 $ 66.52 $ 11,529.83 $ 138,357.92
7 $ 69.84 $ 12,106.32 $ 145,275.82
6135 ENVIRONMENTAL SERVICES ANALYST 1 $ 37.00 $ 6,412.88 $ 76,954.52 2 $ 38.85 $ 6,733.52 $ 80,802.25
3 $ 40.79 $ 7,070.20 $ 84,842.37
4 $ 42.83 $ 7,423.71 $ 89,084.48
5 $ 44.98 $ 7,797.20 $ 93,566.43
6 $ 47.23 $ 8,187.06 $ 98,244.74
7 $ 49.59 $ 8,596.42 $ 103,156.98
6132 ENVIRONMENTAL SERVICES 1 $ 44.82 $ 7,769.58 $ 93,234.98 AND TRANSPORTATION MANAGER 2 $ 47.06 $ 8,157.01 $ 97,884.16 3 $ 49.42 $ 8,565.39 $ 102,784.66
4 $ 51.88 $ 8,993.21 $ 107,918.50
5 $ 54.48 $ 9,443.47 $ 113,321.60
6 $ 57.21 $ 9,915.64 $ 118,987.68
7 $ 60.07 $ 10,411.42 $ 124,937.07
6493 EQUIPMENT MAINTENANCE SUPERINTENDENT 1 $ 39.29 $ 6,810.46 $ 81,725.50 2 $ 41.26 $ 7,150.98 $ 85,811.77
3 $ 43.32 $ 7,508.53 $ 90,102.35
4 $ 45.48 $ 7,883.96 $ 94,607.48
5 $ 47.76 $ 8,278.15 $ 99,337.85
6 $ 50.15 $ 8,692.06 $ 104,304.74
7 $ 52.65 $ 9,126.66 $ 109,519.97
6140 EQUIPMENT MAINTENANCE 1 $ 34.81 $ 6,033.99 $ 72,407.89 SUPERVISOR 2 $ 36.56 $ 6,336.49 $ 76,037.89
3 $ 38.39 $ 6,653.53 $ 79,842.41
4 $ 40.30 $ 6,985.12 $ 83,821.42
5 $ 42.32 $ 7,335.61 $ 88,027.34
6 $ 44.44 $ 7,702.39 $ 92,428.71
7 $ 46.66 $ 8,087.51 $ 97,050.15
6027 EXECUTIVE ASSISTANT TO THE 1 $ 31.66 $ 5,487.73 $ 65,852.74 CITY MANAGER 2 $ 33.24 $ 5,762.34 $ 69,148.10
3 $ 34.91 $ 6,050.53 $ 72,606.42
4 $ 36.65 $ 6,352.31 $ 76,227.67
5 $ 38.48 $ 6,670.68 $ 80,048.12
6 $ 40.41 $ 7,004.21 $ 84,050.52
7 $ 42.43 $ 7,354.42 $ 88,253.04
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6028 EXECUTIVE ASSISTANT TO THE 1 $ 31.66 $ 5,487.73 $ 65,852.74 POLICE CHIEF 2 $ 33.24 $ 5,762.34 $ 69,148.10
3 $ 34.91 $ 6,050.53 $ 72,606.42
4 $ 36.65 $ 6,352.31 $ 76,227.67
5 $ 38.48 $ 6,670.68 $ 80,048.12
6 $ 40.41 $ 7,004.21 $ 84,050.52
7 $ 42.43 $ 7,354.42 $ 88,253.04
6070 FINANCE MANAGER 1 $ 56.53 $ 9,797.67 $ 117,572.07
2 $ 59.35 $ 10,286.74 $ 123,440.87
3 $ 62.31 $ 10,801.00 $ 129,612.05
4 $ 65.43 $ 11,341.94 $ 136,103.31
5 $ 68.70 $ 11,908.07 $ 142,896.90
6 $ 72.14 $ 12,503.48 $ 150,041.74
7 $ 75.74 $ 13,128.65 $ 157,543.83
6124 GIS ANALYST 1 $ 38.83 $ 6,731.20 $ 80,774.35
2 $ 40.78 $ 7,069.37 $ 84,832.45
3 $ 42.82 $ 7,422.62 $ 89,071.48
4 $ 44.96 $ 7,793.11 $ 93,517.30
5 $ 47.21 $ 8,182.98 $ 98,195.76
6 $ 49.57 $ 8,592.13 $ 103,105.56
7 $ 52.05 $ 9,021.74 $ 108,260.83
6315 HUMAN RESOURCES ANALYST 1 $ 35.64 $ 6,177.45 $ 74,129.36 2 $ 37.42 $ 6,486.87 $ 77,842.40
3 $ 39.29 $ 6,810.43 $ 81,725.11
4 $ 41.26 $ 7,151.26 $ 85,815.14
5 $ 43.32 $ 7,509.37 $ 90,112.48
6 $ 45.49 $ 7,884.84 $ 94,618.11
7 $ 47.76 $ 8,279.08 $ 99,349.01
6320 HUMAN RESOURCES MANAGER 1 $ 60.35 $ 10,460.97 $ 125,531.70 2 $ 63.36 $ 10,983.15 $ 131,797.82
3 $ 66.53 $ 11,532.23 $ 138,386.79
4 $ 69.86 $ 12,109.79 $ 145,317.50
5 $ 73.35 $ 12,714.25 $ 152,571.02
6 $ 77.02 $ 13,349.96 $ 160,199.57
7 $ 80.87 $ 14,017.46 $ 168,209.55
6185 INFORMATION TECHNOLOGY 1 $ 61.28 $ 10,622.16 $ 127,465.97 SERVICES MANAGER 2 $ 64.35 $ 11,153.27 $ 133,839.28
3 $ 67.56 $ 11,710.94 $ 140,531.25
4 $ 70.94 $ 12,296.48 $ 147,557.80
5 $ 74.49 $ 12,911.31 $ 154,935.69
6 $ 78.21 $ 13,556.87 $ 162,682.48
7 $ 82.12 $ 14,234.72 $ 170,816.60
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6148 LIBRARIAN I 1 $ 32.87 $ 5,698.09 $ 68,377.13
2 $ 34.52 $ 5,983.00 $ 71,795.98
3 $ 36.24 $ 6,282.15 $ 75,385.78
4 $ 38.06 $ 6,596.26 $ 79,155.08
5 $ 39.96 $ 6,926.07 $ 83,112.83
6 $ 41.96 $ 7,272.37 $ 87,268.47
7 $ 44.05 $ 7,635.99 $ 91,631.89
6149 LIBRARIAN II 1 $ 35.43 $ 6,140.51 $ 73,686.15
2 $ 37.20 $ 6,447.54 $ 77,370.45
3 $ 39.06 $ 6,769.91 $ 81,238.97
4 $ 41.01 $ 7,108.41 $ 85,300.92
5 $ 43.06 $ 7,463.83 $ 89,565.96
6 $ 45.21 $ 7,837.02 $ 94,044.27
7 $ 47.47 $ 8,228.87 $ 98,746.47
6147 LIBRARY MANAGER 1 $ 50.60 $ 8,770.08 $ 105,240.92
2 $ 53.13 $ 9,208.58 $ 110,502.96
3 $ 55.78 $ 9,669.01 $ 116,028.12
4 $ 58.57 $ 10,152.46 $ 121,829.51
5 $ 61.50 $ 10,660.08 $ 127,921.00
6 $ 64.58 $ 11,193.09 $ 134,317.06
7 $ 67.80 $ 11,752.74 $ 141,032.91
6146 LIBRARY SERVICES SUPERVISOR 1 $ 39.29 $ 6,810.46 $ 81,725.50 2 $ 41.25 $ 7,149.44 $ 85,793.27
3 $ 43.31 $ 7,507.25 $ 90,087.04
4 $ 45.47 $ 7,882.19 $ 94,586.25
5 $ 47.76 $ 8,277.67 $ 99,332.01
6 $ 50.14 $ 8,691.55 $ 104,298.62
7 $ 52.65 $ 9,126.13 $ 109,513.56
6141 LITERACY PROGRAM COORDINATOR 1 $ 34.79 $ 6,029.88 $ 72,358.53 6142 2 $ 36.52 $ 6,330.55 $ 75,966.58
3 $ 38.35 $ 6,647.67 $ 79,772.09
4 $ 40.27 $ 6,979.76 $ 83,757.11
5 $ 42.29 $ 7,329.79 $ 87,957.52
6 $ 44.40 $ 7,696.28 $ 92,355.40
7 $ 46.62 $ 8,081.10 $ 96,973.17
6150 MANAGEMENT ANALYST 1 $ 35.64 $ 6,177.45 $ 74,129.36 6550 2 $ 37.42 $ 6,486.87 $ 77,842.40
3 $ 39.29 $ 6,810.43 $ 81,725.11
4 $ 41.26 $ 7,151.26 $ 85,815.14
5 $ 43.32 $ 7,509.37 $ 90,112.48
6 $ 45.49 $ 7,884.84 $ 94,618.11
7 $ 47.76 $ 8,279.08 $ 99,349.01
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025
DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6160 MANAGEMENT ANALYST TRAINEE 1 $ 28.18 $ 4,885.08 $ 58,620.91 6161 2 $ 29.59 $ 5,129.40 $ 61,552.83
3 $ 31.07 $ 5,385.36 $ 64,624.35
4 $ 32.62 $ 5,654.41 $ 67,852.95
5 $ 34.25 $ 5,936.55 $ 71,238.60
6 $ 35.96 $ 6,233.38 $ 74,800.54
7 $ 37.76 $ 6,545.05 $ 78,540.56
6356 PARKS AND BUILDING SUPERINTENDENT 1 $ 40.08 $ 6,946.67 $ 83,360.01 2 $ 42.08 $ 7,294.00 $ 87,528.00
3 $ 44.18 $ 7,658.70 $ 91,904.40
4 $ 46.39 $ 8,041.64 $ 96,499.63
5 $ 48.71 $ 8,443.72 $ 101,324.61
6 $ 51.15 $ 8,865.90 $ 106,390.83
7 $ 53.71 $ 9,309.20 $ 111,710.37
6230 PARKS AND RECREATION MANAGER 1 $ 50.60 $ 8,770.08 $ 105,240.92 2 $ 53.13 $ 9,208.58 $ 110,502.96
3 $ 55.78 $ 9,669.01 $ 116,028.12
4 $ 58.57 $ 10,152.46 $ 121,829.51
5 $ 61.50 $ 10,660.08 $ 127,921.00
6 $ 64.58 $ 11,193.09 $ 134,317.06
7 $ 67.80 $ 11,752.74 $ 141,032.91
6105 PARKS AND RECREATION SUPERVISOR 1 $ 39.29 $ 6,810.46 $ 81,725.50 2 $ 41.25 $ 7,149.44 $ 85,793.27
3 $ 43.31 $ 7,507.25 $ 90,087.04
4 $ 45.47 $ 7,882.19 $ 94,586.25
5 $ 47.76 $ 8,277.67 $ 99,332.01
6 $ 50.14 $ 8,691.55 $ 104,298.62
7 $ 52.65 $ 9,126.13 $ 109,513.56
6190 PARKS MAINTENANCE SUPERVISOR 1 $ 39.29 $ 6,810.46 $ 81,725.50 2 $ 41.25 $ 7,149.44 $ 85,793.27
3 $ 43.31 $ 7,507.25 $ 90,087.04
4 $ 45.47 $ 7,882.19 $ 94,586.25
5 $ 47.76 $ 8,277.67 $ 99,332.01
6 $ 50.14 $ 8,691.55 $ 104,298.62
7 $ 52.65 $ 9,126.13 $ 109,513.56
6055 PAYROLL TECHNICIAN 1 $ 29.00 $ 5,027.02 $ 60,324.21 2 $ 30.45 $ 5,278.36 $ 63,340.38
3 $ 31.97 $ 5,542.28 $ 66,507.34
4 $ 33.57 $ 5,819.40 $ 69,832.83
5 $ 35.25 $ 6,110.36 $ 73,324.37
6 $ 37.01 $ 6,415.88 $ 76,990.58
7 $ 38.87 $ 6,736.68 $ 80,840.11