2015-12-15 City Council Agenda Packet (Special and Regular)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City
Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least
48 hours prior to the meeting or time when services are needed will assist the Cit y staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
City Council Meeting
Tuesday, December 15, 2015
Council Chamber
4305 Santa Fe Avenue
Vernon, California
Special Meeting of the City Council
(Closed Session Matters)
7:30 a.m.
Regular City Council Meeting
9:00 a.m. or as soon thereafter as City Council
adjourns its Special Meeting
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Yvette Woodruff-Perez, Council Member
CALL TO ORDER SPECIAL MEETING 7:30 A.M.
PUBLIC COMMENT (Special Meeting): At this time the public is encouraged to address the City Council
on any matter on the Special Meeting portion of the Agenda (Closed Session listed below), only.
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Special and Regular City Council Meeting Agenda
December 15, 2015
Page 2 of 12
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(a)
Name of Case: Ray Shelton vs. City of Vernon; Workers Compensation Appeals Board Case No.
ADJ9509466
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
3. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Administrator
4. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)(1)
Title: City Administrator
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Administrator
6. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957(b)(1)
ADJOURNMENT (Special Meeting)
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Special and Regular City Council Meeting Agenda
December 15, 2015
Page 3 of 12
CALL TO ORDER REGULAR MEETING & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT (Regular Meeting): At this time the public is encouraged to address the City Council
on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a
chance to comment on matters which are on the posted agenda during City Council deliberation on those
specific matters. If you would like to comment concerning a matter that is noticed for a public hearing today,
please wait until that hearing is formally opened before making your comment.
PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon Commending Samuel
“Kevin” Wilson for his many years of dedicated service to the City of Vernon.
PUBLIC HEARINGS
2. Public comment on the vacating of a portion of Seville Avenue from Leonis Boulevard to 50th
Street:
A Resolution of the City Council of the City of Vernon vacating a portion of Seville Avenue
between Leonis Boulevard and five feet south of the southerly line of former 50th Street and
adopting a negative declaration pursuant to the California Environmental Quality Act
Recommendation:
A. Adopt the resolution vacating a portion of Seville Avenue between Leonis Boulevard and 50th
Street; and
B. Adopt a Negative Declaration finding that the project will not have a significant impact on the
environment, or to the extent potentially significant effects exist, and there is no substantial
evidence, in light of the whole record before the City, that the project may have a significant effect
on the environment within the meaning of the California Environmental Quality Act (CEQA); and
C. Authorize the City Clerk to record the adopted resolution and to file a Notice of Determination
with the County Clerk.
3. Public comment on the proposed amendments to the City’s Zoning Code to establ ish regulations
for distributed generation within the City and to clarify existing regulations regarding billboard
signs:
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 4 of 12
Ordinance No. 1235 - An Ordinance of the City Council of the City of Vernon amending the zoning
code to regulate distributed generation within the City of Vernon and to correct a typographical
error in the billboard zoning requirements and adopt a negative declaration pursuant to the
California Environmental Quality Act; and repealing all ordinances or parts of ordinances in
conflict herewith. (first reading)
Recommendation:
A. Approve the first reading of an ordinance amending the City of Vernon’s Zoning ordinance to 1)
Define Distributed Generation, 2) Establish regulations regarding Distributed Generation and 3)
Correct a typographical error in Section 26.8.3-4(c); and
B. Adopt a Negative Declaration finding that there is no substantial evidence, in light of the whole
record before the City, that the project may have a significant effect on the environment within the
meaning of the California Environmental Quality Act (CEQA).
4. Public comment on the proposed amendments to the Vernon Municipal Code establishing
regulations for Massage Businesses:
Ordinance No. 1234 - An Ordinance of the City Council of the City of Vernon (i) amending Article
VI of Chapter 5 of the Vernon Municipal Code by removing massage businesses from the
definition of adult and sexually oriented businesses; (ii) renumbering current Article VII (Utility
Users’ Tax) of Chapter 5 of the Vernon Municipal Code to Article VIII, and adding new Article
VII of Chapter 5 of the Vernon Municipal Code relating to the business permit regulation of
massage businesses; (III) amending Article II of Chapter 13 of the Vernon Municipal Code by
adding massage businesses to the list of those businesses required to obtain health permits prior
to operation; (IV) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by
removing the definition of “Massage Parlors”; and (V) renumbering current Articles VIII, IX and
X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal Code and renumbering
sections accordingly, and adding new Article VIII to Chapter 26 (Zoning) of the Vernon Municipal
Code; and repealing all ordinances or parts of ordinances in conflict herewith. (first reading)
Recommendation:
A. Approve the first reading of an ordinance 1) Amending Article VI of Chapter 5 of the Vernon
Municipal Code by removing Massage Businesses from the definition of Adult and Sexually
Oriented; 2) Renumbering current Article VII (Utility Users’ Tax) of Chapter 5 of the Vernon
Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vernon Municipal
Code relating to the Business Permit Regulation of Massage Businesses; 3) Amending Article II
of Chapter 13 of the Vernon Municipal Code by adding Massage Businesses to the list of those
Businesses required to obtain a Health Permit prior to operation; 4) Amending Article II of Chapter
26 (Zoning) of the Vernon Municipal Code by removing the definition of “Massage Parlors”; and
5) Renumbering current Articles VIII, IX and X of Chapter 26 (ZONING) to Articles IX, X AND
XI of the Vernon Municipal Code and renumbering sections accordingly, and adding new article
VIII to Chapter 26 (Zoning) of the Vernon Municipal Code.
B. Find that this Ordinance is not a “project” as defined under the California Environmental Quality
Act (CEQA) Guidelines, section 15378, because it will not result in either a direct physical change
in the environment or a reasonably foreseeable indirect physical change in the environment. This
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 5 of 12
Ordinance is general policy and procedure making that is explicitly exempt from the definition of
“project” under CEQA Guidelines section 15378(b)(2). Even assuming the Ordinance were a
“project” under CEQA, however, it would still be exempt from CEQA review under CEQA
Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects which have
the potential for causing a significant effect on the environment, and, as stated above, it can be
seen with certainty that there is no possibility that the Ordinance in question may have a significant
effect on the environment.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will
be considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
5. None.
Warrant Registers
6. Ratification of the following City Warrant Registers to record the following voided checks:
A. City Warrant Register No. 1435 to record voided Check No. 349099 in the amount of $4,578.14;
and
B. City Warrant Register No. 1436 to record voided Check No. 349168 in the amount of $542.56.
7. Approval of City Payroll Warrant Register No. 714, totaling $3,008,964.08, which covers the
period of November 1 through November 30, 2015, and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,125,363.08; and
B. Checks and electronic fund transfers (EFT) totaling $883,601.00.
8. Approval of City Warrant Register No. 1438, totaling $888,463.93, which covers the period of
November 24 through December 7, 2015, and consists of the following:
A. Ratification of wire transfers totaling $435,127.85; and
B. Ratification of the issuance of early checks totaling $231,226.30; and
C. Authorization to issue pending checks totaling $222,109.78.
9. Approval of Light & Power Warrant Register No. 403, totaling $6,811,833.04, which covers the
period of November 24, through December 7, 2015, and consists of the following:
A. Ratification of wire transfers totaling $6,748,959.77; and
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 6 of 12
B. Ratification of the issuance of early checks totaling $20,609.47; and
C. Authorization to issue pending checks totaling $42,263.80.
10. Approval of Gas Warrant Register No. 191, totaling $1,368,650.18, which covers the period of
November 24 through December 7, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,337,356.70; and
B. Ratification of the issuance of early checks totaling $28,893.48; and
C. Authorization to issue pending checks totaling $2,100.00.
City Administration
11. Approve the following Eagle Scout proclamations for service to and support of their community:
A. A Proclamation of the Mayor and the City Council of the City of Vernon commending and
honoring Walter Frank Calderon for his service and support of his community.
B. A Proclamation of the Mayor and the City Council of the City of Vernon commending and
honoring Hector Corrales for his service and support of his community.
C. A Proclamation of the Mayor and the City Council of the City of Vernon commending and
honoring Geraldo Alberto Langarcia for his service and support of his community.
D. A Proclamation of the Mayor and the City Council of the City of Vernon commending and
honoring Edward Brambila for his service and support of his community.
E. A Proclamation of the Mayor and the City Council of the City of Vernon commending and
honoring Andres Sandoval for his service and support of his community.
Fire Department
12. Activity Report for the period of November 16 through November 30, 2015, to be received and
filed.
Gas and Electric Department
13. Pump House No. 2 Electric Panel Emergency Repair.
Recommendation:
(Items A-B)
A. Find that the Pump House No. 2 Emergency Repair as well as the receipt and filing of the staff
report with the Clerk’s Office are exempt from California Environmental Quality Act (CEQA)
review because, as continuing administrative or maintenance activities, neither is a “project” as
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 7 of 12
defined in CEQA Guidelines section 15378(b)(2). And even if such activities were “projects,” they
would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment; and
B. Receive and file the staff report which has been provided for informational purposes only, pursuant
to Vernon Municipal Code (VMC) Section 2.17.36 which states in part that a full account of the
circumstances of any emergency purchases shall be filed with the City Council.
Health and Environmental Control Department
14. November 2015 Monthly Report, to be received and filed.
Police Department
15. Activity Log and Statistical Summary of Arrests and Activities for the period of November 16,
through November 30, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
16. Approval of Updated Form At-Will Employment Agreements for Certain City of Vernon
Executives.
Recommendation:
A. Find that approval of the proposed agreements is exempt from the California Environmental
Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that
CEQA only applies to projects that may have a significant effect on the environment; and
B. Approve the attached updated form at-will employment agreements for the following City of
Vernon Executives, effective December 15, 2015:
Daniel Calleros, Chief of Police
Michael Wilson, Fire Chief
William Fox, Director of Finance
Carlos Fandino, Director of Gas and Electric
Leonard Grossberg, Director of Health and Environmental Control
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Special and Regular City Council Meeting Agenda
December 15, 2015
Page 8 of 12
17. Proposed One-Year Professional Services Agreement with John Van de Kamp of Mayer Brown
LLP to Serve as Special Advisor to the City of Vernon.
Recommendation:
A. Find that approval of the proposed agreement is exempt from the California Environmental Quality
Act (CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA
only applies to projects that may have a significant effect on the environment; and
B. Approve, in concept, a proposed Professional Services Agreement with John Van de Kamp of
Mayer Brown LLP to serve as Special Advisor to the City of Vernon for a period of one year,
effective February 15, 2016; and
C. Provide direction and authorization to the City Administrator to negotiate the specific scope and
terms of the proposed agreement with Mr. Van de Kamp, and present a final recommendation
regarding such an agreement to City Council prior to February 15, 2016.
Gas and Electric Department
18. City Council Update - Distributed Generation Impact Study Final Report with Staff
Recommendations.
Recommendation:
A. Find that the Distributed Generation Impact Study findings and staff recommendations referenced
in the staff report are exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Accept the Distributed Generation Impact Study findings as detailed by Power Engineers, Inc.;
and
C. Receive and file this report and its attachments for informational purposes only. There is no action
required by City Council at this time.
19. Award of Bids and Purchase Contracts to Young and Company (Howard Industries); Wesco
Distribution (Copper Power) and Power Partners c/o Pacific Utilities (ABB) for Overhead
Distribution Transformers for the Vernon Gas & Electric Department (Bid Specification #TR1 -
2015 OH).
Recommendation:
(Items A-D)
A. Find that proposed purchase of Overhead distribution transformers is exempt from California
Environmental Quality Act (CEQA) review because, as a continuing administrative or
maintenance activity, such is not a “project” as defined in CEQA Guidelines section 15378(b)(2).
And even if such activity were a “project,” it would be exempt from CEQA review in accordance
with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 9 of 12
that may have a significant effect on the environment, because the agreement does not have an
impact; and
B. Accept that the following companies were the lowest responsive and responsible bidders for bid
specification #TR1-2015OH, relating to the purchase of Overhead distribution transformers:
i. Young & Company (Howard Industries) for bid items: 1-4, 12-17, 26 and 27.
ii. Wesco Distribution (Copper Power) for bid items: 5-11, 18-23 and 25.
iii. Power Partners c/o Pacific Utilities (ABB) for bid item: 24; and
C. Award bids and authorize the Purchasing Department to issue purchase order contracts as follows:
i. Young & Company (Howard Industries) for bid items 1-4, 12-17, 26 and 27 in a grand total
amount not to exceed $170,739.00.
ii. Wesco Distribution (Copper Power) for bid items: 5-11, 18-23 and 25, in a grand total amount
of not to exceed $257,720.64.
iii. Pacific Utilities c/o Power Partners (ABB) for bid item 24 in a grand total amount not to
exceed $21,660.00; and
D. Reject all other bids.
20. Award of Bid and Purchase Contract to OneSource (Southwire) for Medium Voltage 15 KV Rated
Underground Cable for the Vernon Gas & Electric Department (Bid Specification #CA1-2015).
Recommendation:
A. Find that proposed purchase of underground cable is exempt from California Environmental
Quality Act (CEQA) review because, as a continuing administrative or maintenance activity, such
is not a “project” as defined in CEQA Guidelines section 15378(b)(2). And even if such activity
were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA only applies to projects that ma y have a
significant effect on the environment, because the agreement does not have an impact; and
B. Accept that OneSource was the lowest responsive and responsible bidders for bid specification
#CA1-2015, relating to the purchase of medium voltage 15 KV rate underground cable for all three
(3) bid items; and
C. Award bid and authorize the Purchasing Department to issue purchase order contract to OneSource
(Southwire) for all three (3) bid items for a grand total amount that is not to exceed $334,434; and
D. Reject CME bid.
Human Resources Department
21. A Resolution of the City Council of the City of Vernon adopting an amended and restated Citywide
Fringe Benefits and Salary Resolution in accordance with Government Code Section 20636(b)(1)
and repealing all resolutions in conflict therewith.
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 10 of 12
Recommendation:
A. Find that approval of the resolution is exempt from California Environmental Quality Act (CEQA)
review, because it is a general policy and procedure making activity that will not result in direct
or indirect physical changes in the environment, and therefore does not constitute a “project” as
defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such
activity will not have any effect on the environment, this action would be exempt from CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have a significant effect on the environment; and
B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution,
effective December 15, 2015 to add a tiered Retiree Medical Benefit Program for Executive group.
There are no changes to the Classification and Compensation Plan.
Public Works, Water and Development Services Department
22. Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650, Regular Cab XL (F6D)
Dump Trucks, Contract No. CS-0645.
Recommendation:
A. Find that the Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650, Regular Cab
XL (F6D) Dump Trucks is exempt under the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies
to projects that may have an effect on the environment; and
B. Approve the Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650, Regular Cab
XL (F6D) Dump Trucks.
23. Approval of an Agreement with Bel Air Soto, LLC. for the construction of a Cul de Sac on Seville
Avenue.
Recommendation:
A. Approve a Construction Management and Reimbursement agreement between the City of Vernon
and Bel Air Soto, LLC and the City of Vernon; and
B. Find that the proposed action is categorically exempt from California Environmental Quality Act
(CEQA) review, in accordance with CEQA Guidelines § 15301, because the project consists of
the maintenance, repair or minor alteration of an existing roadway and involves negligible
expansion of an existing use.
24. Bid Award for City Contract No. CS-0584: Citywide Street Sweeping Services.
Recommendation:
(Items A-B)
A. Find that the award of the proposed Capital Improvement Project for the Citywide Street Sweeping
Services is categorically exempt under the California Environmentally Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15301, Existing Facilities, part (c), existing highways
Special and Regular City Council Meeting Agenda
December 15, 2015
Page 11 of 12
and streets, because the project consists of maintenance (sweeping) of the existing curbs and
gutters; and
B. Accept the bid proposal from Webco LB LLC as the lowest responsive and responsible bidder and
enter into contract, not to exceed $ 336,396.00 for the Citywide Street Sweeping Services Project,
City Contract No. CS-0584 for a term of three years, and to reject all other bids. Further authorize
a contingency of $ 23,604.00 in the event of an unexpected changed condition (emergency sweeps)
in the project and grant authority to the City Administrator to issue a change order for an amount
up to the contingency amount.
DISCUSSION ITEMS (POSSIBLE DIRECTIVES TO STAFF)
25. Authorization to begin Proposition 218 Process to Amend the Water Rate Schedule.
Recommendation:
A. Provide authorization to City staff to begin the Proposition 218 process to Amend the Water Rate
Schedule; and
B. Find that the proposed action is statutorily exempt from California Environmental Quality
Act(“CEQA”) review, in accordance with CEQA Guidelines section 15273, because CEQA does
not apply to the modification, restructuring, or approval of rates and other charges by public
entities done for, among other purposes, meeting operating expenses, purchasing or leasing
supplies, equipment, or materials and obtaining funds for capital projects, necessary to maintain
service within existing service areas.
PRESENTATIONS (Continued)
26. Overview of Leadership Transition Planning Process.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
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Special and Regular City Council Meeting Agenda
December 15, 2015
Page 12 of 12
ADJOURNMENT
Special Agenda Authorized by the City Council.
_________________________________
W. Michael McCormick, Mayor
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue,
Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 10th day of December 2015.
By: ________________________________
Maria E. Ayala
City Clerk
of
A PROCILIMATION OF TIIE MAYOR AND TITE CITY COANCIL OF TIIE
CITY OF WRNON COMMENDING SAMUEL C'KEWNO WILSON FOR ITIS
MA}{YYEARS OFDEDICAT'ED SERVICE TO TITE CITYOF WRNON
U"'IJERF.{S. Sauu kin ll'ilton ('Iierin llt'ilion") bas been d deditated unplaye oJ rlte Cil o/' l1non for nan
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IITHERE IS, k n lV'ilson began Lis loryand dtrti/ul ureer aitt tlt Citl r!'l'enrun on lLa1 5, 1981, as a
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Ta'hnitiu on J m27, 1982; pmntoled lo Ciil Engincenng -lssoiate on Ottober 11, 1981;pnuoted to Citi/ Enginur on
Onober 6, 1991; pnnotcd to Inteinf ,,lLting Diret'lor rtJ Conttani4, Senites and ll'ater on.ln/1 11, 1991; prutokd to
Dinrlor oJCttnmni4, Senitcs a ll"aler on Janttry 2l , 1996; and will ntirc ttnder ltis trnenl tit/r oJ'D)relor oJ'Plbli.
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NOTICE OF PUBLIC HEARING TO CONSIDER
AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE
AND NOTICE OF INTENT TO AIX)PT NEGATIVE DECLARATION
The City of Vemon will conduct a Public Hearing, which you may attend.
4305 Santa Fe Avenue
Vemon, CA 9OO58
(323) 583-881l
Vemon City Hall, City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, December 15, 2015 at 9:fi) am.
(or as soon thereafter as the matter can be heard)
To consider: (l) The City of Vemon intent to adopt an ordinance to amend the
City's Zoning Ordinance to establish regulations for Distributed Generation
within the city and clarify existing regulations regarding billboard signs. (2) The
recommendation from the Vemon Director of Public Works, Water &
Development Services Department to adopt a Negative Declaration in accordance
with the Califomia Environmental Quality Act b€cause the proposed amendments
to the Comprehensive Zoning Ordinance will not have a significant effect on the
environment.
A copy of the proposed ordinance and proposed negative declaration will be
available for public review at the address mentioned below between the hours of
7:15 a.m. and 5:15 p.m. Monday through Thursday. The public is also invited to
submit written comments on the proposed negative declaration prior to the
hearing. The comment period runs from November 19,2015 to December 15,
2015. Comments received after that date may not receive full consideration.
PLACE:
DATE &
TIME:
PURPOSE:
DOCTJMENTS
FOR REVIEW:
Please send your comments and the name of the contact person to:
Samuel Kevin Wilson, Director of Public Works, Water & Development Services
City of Vernon
4305 Santa Fe Avenue, Vemon, CA 90058
(323) 583-881l
Email: kwilson@ci.vernorlca.us
If you challenge the granting of this Zoning Amendment or any provisions thereof in coun, you
may be limited to raising only those issues you or someone else raised at the hearing described in this
notice or in written correspondence delivered to the City of Vemon at, or prior to, the meeting.
The hearing may be continued or adjoumed or cancelled and rescheduled to a stated time and
place without funher notice of a public hearing.
City of Vernon
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA
COLINTY OF LOS ANGELES
CITY OF VERNON
I, Sersio Canales Assistant Planner of the City of Vemon, do hereby certifu that on Monday,
November 23, 2015, mailed a copy of Notice of Public Hearing to be held on December 15,
201 5, regarding an Adoption of a Negative Declaration and Adoption of Amendments of the
City of Vernon Zoning Ordinance, to the interested parties and agencies on the attached list, by
United States Mail with postage.
tt/ta / ts
A notary public or other oflicer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
, or validity of the document.
State of Califomia
County of Los Angeles
/) before me,, notary
evidence to be the person(s) whose name(s) is/a+e subscribed to the within instrument and
acknowledged to me that heAhelthey executed the same in his,ther/tlei+ authorized capacity(ies),
and that by hislhe#their signature(s) on the instrument the person(s), or the entity upon behalfof
which the person(s) acted, executed the instrument.
I certify under PENALTY oF PERIURY under the laws of the State of california that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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On
Signature
City of Vernon
PLACE:
DATE &
TIME:
PURFOSE:
DOCI]MENTS
FOR REYIEW:
NOTICE OF PI,]BLIC HEARING TO CONSIDER
AMENDMENTS TO COMPREIIENSIVE ZONING ORDINANCE
AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION
The City ofVemon will conduct a Public Hearing, which you may attend.
4305 Santa Fe Avenue
Vemon. CA 9OO58
(323) 583-881l
Vemon City Hall, City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, December 15, 2015 at 9:fi) a-m.
(or as soon thereafter as the matter can be heard)
To consider: ( 1 ) The City of Vemon intent to adopt an ordinance to amend the
City's Zoning Ordinance to establish regulations for Distributed Generation
within the ciry and clarify existing regulations regarding billboard signs. (2) The
recommendation from the Vemon Director of Public Works, Water &
Development Sewices Department to adopt a Negative Declaration in accordance
with the California Environmental Quality Act because the proposed amendments
to the Comprehensive Zoning Ordinance will not have a significant effect on the
environment.
A copy of the proposed ordinance and proposed negative declaration will be
available for public review at the address mentioned below between the hours of
7:15 a.m. and 5: l5 p.m. Monday through Thursday. The public is also invited to
submit written comments on the proposed negative declaration prior to the
hearing. The comment period runs from November 19, 2015 to December 15,
2015. Comments received after that date may noc receive full consideration.
Please send your comments and the name of the contact person to:
Samuel Kevin Wilson, Director of Public Worts, Water & Development Services
City of Vernon
4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811
Email: kwilson @ ci.vemon.ca.us
If you challenge the ganting of this Zoning Amendment or any provisions thereof in court, you
may be limited to raising only those issues you or someone else raised at the hearing describedlin this
notice or in written correspondence delivered to the City of Vemon at, or prior to, the meetiig:'
The hearing may be continued or adjoumed or cancelled and rescheduled to a stated time and
place without further notice of a public hearing.
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s.rrl a. Reptiez A h hadrure afin de I
ctri66mEnr rev6ler le Ebord PoFupn j
John Kinas
United States Alumitrum
3663 Bandini Boulevard
Vemon, CA 90023
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924 S. Mott Street
Los Angeles, CA 90023
James H. Hillands
Heger Realty Corp.
5657 E. Washington Blvd
Los Angeles, CA 90M0
Joseph R. Garrubi
Califomia Pordand Cement Co.
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J.J. Little
J.J. Linle Company, Inc.
9945 Malgar l)rive
Whittier, CA 90603
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Metal Products Engineering
3050 Leonis Boulevard
Vemon, CA 90058
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Karen Lehrer
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Attn: Mike Frazier
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cF #:3't00PBHull#: USJA38MAJ697
UEN SALE: g7-ESCRT
Lic€nse: NONE / CAMn: 405't18A85VD000030
to be sold at 10:00 am on
121812O15 @ 2210O The ok!
Rd., Newhi'll, CA.
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LIEN SALE: 9T.IIIAXIJ
ctw oF vERXOt{xottcE ot puluc HE RTXC TO COXttDEt,f !E1D!E!{!! f 9 corrtEfi Exlrvr zoxrio onolrrxcrrxD xorrcE oF tx?Err ro lDopr xEo rrw oecr-rhiiior
The CiV ot Vemon will cooduct a Publtc Ho.dng, which you may at€nd.
PLACE: V.mon Ctty Hatt. Ctty Cosndt Chamb€rs(105 S!6atr Fe Av€nue, V€mon, CA 90058
DATE A Tu.rd.X O.c.nb.r 15. 2015 rt g:00 !.m.TIIE: (or63 soon thelesneras ti6 mansr 93n b6 heard)
PURPOSEi To .orllE€r (1) Th6 Clty ot Vemon inient to .dopt enordinanca to am€nd lll3 ClVs Zor nq Gdtnancs lo ostabtish rioudiiM!
rega[va uoqarairon tn accordanco with lh6 Caljfomla Envlronmenlal
Ouelity Ad b€cous6 th. propos6d amondmenls to the CornDrshsnsiva
Zonlng frinanc€ wlll nol have a Bignncant sflect on ths erivtronm€nL
Pleas€ send your commenls and the nam€ of ths mntact p€rson to:
Samu€i Kgvin Wlsofl, D[eclor ot
Public Works, Water a
Cily of V€mon, rr305 Santa F I(323) 583-8611 Ema :
Zonhg Amondment or any provtslon!Zonhg Amondment or any provtslon!
lo raislng onb, thos€ lsau6€ you or
d6scrib€d in this nollce or ln wrltahd6scrib€d in tiis no ce or tn infit h
coaraapond€nc! dollv€rad to the clty ol v6mon aL or prlor to, ths [r3ollno.
notjca of a Frbllc h6!.lng.
PUBLISHER'S NOTICE: This newspap€r wiI not knowingtyaccept any adverllsing for rqat ostatp or r€ntals which iiih violation of th6 lar. Our;eaders are informed that altdwellings advsrlised in this ne$/spaper are avaitabte on aneqqal opportunity b6sls. (FR OOC. 72-,1968): Alt 16at estats
and rant6l sdv€ rlisem6nts ln thls n€wspap€r are subject to the
Falr Housing Acl of 1968 whtch makos ii ifl€gat t;;dvertise'6ny pr€ference. l;mitation or discriminalion, based on race,color or religlon, sex, or natlonal otigin, or an int6ntionto make such pr€terence, llmitation or discrimination.'
clTY oF vERf,Oia HOUA| c COf lsslol{
HOUSIXG OPPORTUIIITIEA
QUARTERLY ADt{ovE EER 2015
The Clty of Vemon Housing Comhissrcn leeses 1 and 2 bedroomEpartnerG, 2 aqd 3 bedroom singto famtty homes, and Z bedroom
condominfunrs as ya6ncie3 occur, -Martet ;ties for theso units ranoelhrn $700 ard $1,700 p€r montn. tf you ar6 interost€d in teasing b6-'
\tarnoi Clly Ha . /l3OS Sarita
(323) 583-8811 6n. 221 witr
HqraLrg Commbsion conply
lhtn $700 ard $1,700 9€r montn. lf you ar6 interost€d in teasind
ownad houslng ln Vemdn, you must c;mpbte snd submit an ErD;musl complele snd submlr an Exprissidn
mora intormaton m housino can b6 tbondol lnlsr€st Form. Thk torm eod mor. intoimaton m housng can 6e bund
Commission's webpage, hthrcitiofvernon.ory/
LOCAL AND LONG DISTANCE MOVING
SAil cHtLDS, Owner
323-254-3064
5531 York Blvd.,, Los Angeles, g0042
MoVING
SERVICES
RENTALS /REAL ESTATE RENTALS /REAL ESTATE
MOVINGSERVIcES
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT
DEPARTMENT
RECEIVED
Br5 0 7 2015
DATE:
TO:
FROM:
RE:
December 15, 2015
Honorable Mayor and City Councit
v-)
Samuel Kevin Wilson Director of Public Works, Water &
Development Services
Approval of an Ordinance Amending the Zoning Code to Regulate
Distributed Generation within the City of Vernon and to Correct a
Typographical Error in the Billboard Zoning Requirements and adopt
a Negative Declaration pursuant to the California Environmental
Quality Act
RECOMMENDATION
A. Adopt an ordinance amending the City of Vemon's Zoning ordinance to l) Deflne
Distributed Generation, 2) Establish regulations regarding Distributed Generation and 3)
Correct a typographical error in Section 26.8.3-4(c); and
B. Adopt a Negative Declaration finding that there is no substantial evidence, in light of the
whole record before the City, that the project may have a significant effect on the
environment within the meaning of the Califomia Environmental Quality Act (CEQA).
BACKGROUND
The Public Works, Water and Development Services Department has been advised by the Vemon
Gas and Electric Department that it would like to have an amendment made to the Vemon Zoning
ordinance to require that a person to obtain a conditional use permit before allowing Distributed
Generation to be place on a parcel of land within the City. Additionally City staffis recommending
that a modification be made to the billboard regulations of the zoning ordinance to corect a
typographical error. Section 26.6.6 of the City Code sets forth the process to amend the zoning
ordinance.
Distributed Generation
The City of Vemon Gas and Electric Department initiated a study of the potential impacts
Distributed Generation (DG) may have on the City's operations and the environment. Distributed
Generation generally refers to the production of electricity through non-traditional generating
plants including but not limited to, photovoltaic (PV) facilities, diesel and natural gas fueled
facilities, wind generators, biomass-fueled facilities, fuel cells, water-powered energy systems;
combined heat and power facility, energy storage devices, micro-turbines and waste buming
power facilities.
The City of Vemon's electric utility customer base has shor,rm an interest in constructing DG
facilities to offset electricity provided by the City. This desire to install DG stems from both a
wish to reduce power costs and to create electricity onsite in a more sustainable manner. Power
Engineers was retained by the Vernon Gas and Electric Department to conduct an impact study.
The srudy consisted of: l) A Physical Distribution System Impact Analysis, 2) An Environmental
Impact Analysis, 3) A Safety Assessment and 4) A Financial Impact Analysis. Attached herewith
is a copy ofthe study.
The study concluded that the City's existing electrical distribution system can generally support
DG, but limited DG can be connected to any of Leonis 7 kilovolt (kV) distribution circuits until
the feeder circuit breakers are replaced with higher intemrpting current rating. However,
allowing DG up to 5% ofthe City's peak load would result in operating revenue losses ofup to
$6,474,580 depending upon the mix ofDGs permitted and that a restructuring of current electric
rates would be required to recover fixed costs. Furthermore, the study found that existing
regulations will provide adequate safety prctection related to hazardous materials and electric
safety that may be associated with solar PV, fuel cells and fossil-fuel DG projects, however a
more in-depth analysis is required to fully understand the environmental impacts of other types
ofDG.
Ultimately the City will have to determine the maximum amount of DG that will be permitted in
the City. The Solar rights act has made it clear cities should not inhibit the use of solar power
generation. As such the Power Engineer, Inc. study concluded that Solar PV DGs up to 1.0 MW
should be permitted without the need for a conditional Use Permit.
In addition, emergency backup generators are sometimes required to be instalted in certain
facilities to provide a backup power source in case electricity is lost at a site. Public facilities
such as fire stations, city halls, hospitals, police stations, water well sites as well as private
developments where hazardous materials are stored or used quite often require a separate source
ofelectricity as a backup in case the primary source is intemrpted to insure that critical
operations and safeguards are maintained during a power outage. The purpose of the backup
systems is not to provide an altemate source of electricity during normal operating conditions
and therefore should not be considered Distributed Generation.
City Staffis therefore recommending that the City's zoning ordinance be amended to clearly
show that DG facilities, with the exception of solar photovoltaic up to 1.0 MW and emergcncy
generators, require a Conditional Use Permit. It is recommended that the Section 26.2.4 be
amended to add a definition for Distributed Generation and that Section 26.4.1-7 (b)(4) be added
2
to the code to require a conditional Use Permit for Distributed Generation both to read as
follows:
Add the following definition to Section 26.2.4:
Distribuled Generation shall mean, a decentalized power generating facilities interconnected to
the city's distribution system and used exclusively to meet the customer's load requirements at
the site to offset power consumption normally provided by the City and may include, but not
limited to, solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind
generators, biomass-fueled facilities, fuel cells, water-powered energy systems; combined heat
and power facility, energy storage devices, micro-turbines and waste buming power facilities
Add Section 26.4.1-7 (b)(a) to read as flows:
(4) Dktibuted Generation. With the exception of solar panels generaring up to one (1) MW of
energy on a Lot and emergency generators that only provide power backup when a buildings
electric utility service is intemrpted, no distributed generation shall be permiued on a parcel of
land except with a Conditional Use Permit. The City reserves the right to limit the amount of
distributed generation to be interconnected to the distribution system.
Billboards
It has been noted that when the City adopted its latest zoning standards earlier this year for
billboards that section 26.8.3-4(c) contained a typographical error. This section specifies location
requirements for billboards that are within 200 feet ofthe edge ofthe I-710 freeway fight ofway
and that are designed primarily to be viewed from the freeway. Subsection (1) of26.8.3-4(c)
deals specifically with Digital signs and while subsection (2) of 26.8.3-4(c) deals specifically
with Static signs. However section 26.8.3-4(c) mistakenly only references digital signs.
Therefore the words "or Static" should be inserted after the word Digital in section 26.8.3-4(c) to
read as follows:
(c)outdoor Advertising Strucnxes with Digital or static Displays that are located within two
hundred (200) feet ofthe edge ofthe Right-of-way ofthe I-710 freeway and are designed
to be primarily viewed from the I-710 freeway are subject to the following standards:
(1)An Outdoor Advertising Structure with a Digital Display that is located within two
hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and
designed primarily to be viewed from the I-710 freeway shall not be located within
five hundred (500) feet of another Outdoor Advertising Structure with a Static
Display located on the same side ofthe freeway or within one thousand (1,000) feet
of another Outdoor Advertising Structure with a Digital Display located on the
same side of the freeway and designed to be oriented toward the freeway; and
An Outdoor Advertising Stnrcture with a Static Display that is located within two
hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and
designed primarily to be viewed from the I-710 freeway shall not be located within
(2)
five hundred (500) feet ofany other Outdoor Advedsing Structure located on the
same side ofthe freeway and designed to be oriented toward the freeway.
CEOAANALYSIS
An initial study has been conducted for the project in compliance with the california
Environmental Quality Act (CEQA). As shown by the initial study, no potentially significant
impacts are expected to result from the proposed zoning changes and there is no substantial
evidence, in light ofthe whole record before the city, that the project may have a significant effect
on the environment. The Director of Public works, water & Development services has
recommended that aNotice oflntent be provided and issued pursuant to CEQA Guidelines section
1 5072 and a Negative Declaration be adopted in compliance with CEQA Guidelines section 15070
et seq.
RECOMMENDATION
It is therefore recommended that a negarive Declaration be adopted and that the city's zoning
ordinance be amended as follows:
Add the following definition to Section26.2.4:
Distributed Generation shall meian, a decentralized power generating facilities interconnected to
the City power generating facility and used exclusively to meet the customer's load requirements
at the site to offset power consumption normally provided by the city and may include, but not
be limited to solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind
generators. biomass-fueled facilities, fuel cells. water-powered energy systems, combined heat
and power facility, energy storage devices, micro-turbines and waste burning power facilities.
Add Section 26.4.1-7 (b)(4) to read as follows:
(4) Distribuled Generation. With the exception of solar panels generating upto one (1) MWof
energy on a Lot ard emergency generators that only provide power backup when a buildings
electric utility service is interrupted, no distributed generation shall be permitted on a parcel of
land except with a conditional Use Permit. The city reserves the right to limit the amount of
distributed generation to be interconnected to the distribution system.
Amend Section 26.8.3-4(c) to read as follows:
(c) Outdoor Advertising Structures with Digital or Static Displays that are located within two
hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and are designed
to be primarily viewed from the I-710 freeway are subject to the following standards:
(1) An Outdoor Advertising Structure with a Digital Display that is located within two
hundred (200) feet of the edge of the Righrof-way of the I-710 freeway and
designed primarily to be viewed from the I-710 freeway shall not be located within
five hundred (500) feet of another Outdoor Advertising Structue with a Static
Display located on the same side ofthe freeway or within one thousand (1,000) feet
of another Outdoor Advertising Structue with a Digital Display located on the
same side ofthe freeway and designed to be oriented toward the freeway; and
(2) An Outdoor Advertising Structure with a Static Display that is located within two
hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and
designed primarily to be viewed from the I-710 freeway shall not be located within
five hundred (500) feet of any other Outdoor Advertising Structure located on the
same side of the freeway and designed to be oriented toward the fteeway.
Attachment(s): Power Engineers Distributed Generation Impact Study
5
The “Power Engineers Distributed Generation Impact Study” referenced in this staff report is
available for public inspection at the City Clerk counter located at City Hall, 4305 Santa Fe
Avenue, Vernon, CA 90058. If you have any questions or concerns, please contact the Office of
the City Clerk at cityclerk@ci.vernon.ca.us or at (323) 583-8811 extension 546.
ORDINAIICE NO. L235
AN ORDINANCE OF THE CITY COUNCTL OF THE CITY OF
VERNON AMENDING THE ZONING CODE TO REGUI,ATE
DISTRIBUTED GENERATION WITHIN THE CITY OF VERNON
AND TO CORRECT A TYPOGRAPHICAI ERROR IN THE
BILLBOARD ZONING REQUIREMENTS AND ADOPT A NEGATIVE
DECI,ARATION PURSUANT TO THE CALI FORNIA
ENVIRONMENTAI QUAIITY ACT; AND REPEAIING AIL
ORDfNANCES OR PARTS OF ORDINANCES TN CONFL]CT
HEREWITH
WHEREAS, the City of vernon (Ehe ,CiEy,) is a municipal
corporation and a chartered city of the State of California organized
and existing under it.s Charter and the Constitution of the State of
California; and
WHEREAS, on April 2]-, 20]-5, the City Council- of the City of
Vernon adoptsed Ordinance No. 1227, adoptsing amendments tso the
comprehensive zoning ordinance of the City of vernon; establishing
zoning districts in the City and regulating and restsricting tshe use,
size, and the locat.ion of buil-dings and improvements on l-and, the use
of land and open space; adopEing a map showing said zoning dist.ricts,
defining the terms used in the ordinance; providing for its adjustment..
amendment and enforcemenE; and
WHEREAS, by memorandum dat.ed Decemlcer 15, 2015, the Direct.or
of Public Works, Water & Devel-opment Services has recommended that the
City of Vernon Zoning Ordinance be amended to (i) Define Distributed
Generation, (ii) Establish regulations regardingr Distsributed Generation
and (iii) Correct a lypographical error in Section 25.8.3-4 (c) ; and
WHEREAS, a duly-noticed public hearing has been held to
consider the proposed ordinance changes and public Eestsimony has been
received and considered, and
WHEREAS, Chapt.er 4.1(f) and (h) of the Charter of the City
of Vernon provides that an ordinance shal-l- amend a code or repeal any
ordinance or code previousl-y adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1-: The CiEy Council of the City of Vernon hereby
finds and determines that all of the foregoing recitals are true and
correct.
SECTION 2: Sectsion 26.2.4 of Articfe II of Chapt er 25, of
the Vernon Municipal Code, is hereby amended to read as fol]ows:
Section. 26.2.4. Definitions (D-E).
Data Center sha11 mean a Building with a controlled environment
used for housing a large amounE of electronic eguipment, typical-l-y
computers and communications equipment., for tshe purpose of creating a
hosted computer envi ronmenE .
Density shal-I mean the totaf number of permanent residentiaf
dwelling units per acre of l-and, exclusive of aff exist.ing public
Right-of-way surfaces or similar property.
DeveTopment Agreement shalf mean a contracE duly execuced and
Iega11y binding between the City of Vernon and a developer(s) pursuant
t,o Government Code SecEion 55854 et seq.
DeveTopment Standards sha11 mean the developmenc and performance
sEandards described in Section 25.4.1-7, '.Devel-opmenc and Performance
St.andards. " arrd/ or development and performance st.andards identified for
individual Overlay Zones in this Chapt.er.
DigitaT Dispfay shal1 mean the face of a s j-gn or Outdoor
Advert.ising Structure Chat is comprised of a digit.al or electronic face
with intermittent changeable messages.
Director shall mean the City of vernon Director of public Works,
Water, and Development Services.
2
Distz:ibuted Generation shalI mean decentraLized power generating
facilities interconnected t,o the City,s distribution system and used
exclusively to meet the customer,s load requirements at the site to
offset power consumpt.ion normally provided by the City and may include,
buE noE be limiEed tso solar phot.ovoltaic (PV) facil-it.ies, diesel and
nat.ural gas fueled facilit.ies, wind generaEors, biomass-fueled
facilities, fuel ce11s, water-powered energy systems, combined heat and
power facilities, energy storage devices, micro-turbines and waste
burning power facilities.
Drive-Through or Drive-Up FaciTities. An establishmen! that seLls
products or provides servj,ces to occupant.s in vehicl-es, including
drive-in or drive-up windows and drive - t.hrough services examples
include fast food rescaurants, banks, and pharmacies.
DweTTing tlnit - see Residence.
Emergency SheTEer, pursuant. Eo California Health and Safety Code
SecEion 50801-(e) , shall mean a facilit.y that provides immediate and
short.-term housing to homeless persons or fami]ies on a first-come,
first-serve basis where t.he individual(s) must. vacaEe Che facilit.y each
morning and have no guaranteed bed for the next. night.. No individual or
household may be denied emergency shelter because of inability to pay.
SECTION 4: SecEion 26.4.1-7 (b) (a) of Articfe IV of chapt.er
26, of t.he Vernon Municipal Code, is hereby added Co read as follows:
section 26.4.L-7 (b) (4) .
(4) Distributed ceneration. With the exception of solar
photovoltaic generation of up Eo one (1) MW of energy on a Lot and
emergency generators that only provide power backup when a building,s
electric utility service is interruptsed, no distributed generation
sha1l be permitted on a parcef of land except with a Conditional Use
3
PermiE. The City reserves the right to limit the amount of distributed
generation to be interconnected to the distribution system.
SECTION 5: Section 26.8.3-4 (c) of Art.icfe II of Chapt.er 26,
of the Vernon Municipal Code, is hereby amended to read as foflows:
SectioD. 26.8.3-4.
(c) Outdoor Advertising Structures witsh DigiEal or Static
Displays that are focat.ed wit.hin two hundred (200) feet of the edge of
the Right.-of-way of tshe f-710 freeway and are designed to be primaril-y
view from the f-710 freeway are subject to the following standards:
(1) An Out.door Advertising Structure wiEh a Digital Dispfay
thaE is located within two hundred (200) feet. of tshe edge of the Right-
of-way of the I-710 freerray and designed primarily !o be viewed from
the I-710 freeway shaII not be located within five hundred (500) feet
of another Outsdoor Advertising Structure with a SEatic Display located
on the same side of the freeway or within one thousand (1,000) feet of
another Outdoor Advert.ising Scructsure with a Digit.al Display located on
the same side of the freeway and designed to be oriented toward the
freeway; and
(2) An Oucdoor Advertising Stsructure with a Stat.ic Display that
is locat.ed within two hundred (200) feet of the edge of t.he Right-of-
way of the T-710 freeway and designed primarily to be viewed from the
I-71-0 freeway sha11 not be locat.ed within five hundred (500) feet of
any another Out.door Advercising SEructure locatsed on the same side of
the freeway and desj-gned to be oriented toward the freeway.
SECTION 5: Any ordinance or parts of an ordinance, in
conflict with this Ordinance are hereby repeal-ed.
SECTION 7: SeverabiliEy. If any chapter. article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
4
in this Ordinance or any part thereof is for any reason hel-d to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision sha11 not affect t.he val-idity or
effectiveness of the remaining portions of this Ordinance or any part.
thereof. The City Council hereby decl-ares thaE it woul_d have adopted
this Ordinance and each chapter, articl-e. section, su-bsect.ion,
su-bdivision, paragraph, sentence, clause or phrase Ehereof,
irrespective of the fac! that any one or more chapters, articles,
sections, su-bsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstsit.utional, or invalid, or
ineffective.
SECTION 8: Book of Ordinances. The City Cl-erk. or Deputy
City Clerk, shal1 atEests and certify t.o t.he adoption of this Ordinance
and sha1l cause this Ord.inance and the CiEy Clerk, s, or Deputy City
Cl-erk's, certification to be encered in the Book of ordinances of tshe
Councif of t.his City. The City C1erk, or Deputy City C1erk, shaLl
cause tshis ordinance to be published or postsed as required by law.
5
SECTION 9: Effective DaCe. This Ordinance shal-l- go into
effect and be in fuI1 force and effect aL 12,: 01 a.m. on t.he thirty-
first (31sE) day after it.s passage.
APPROVED AND ADOPTED this day of , 2015.
Name :
Title: Nlayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian B)run, Deputy Cit.y Attorney
6
STATE OF CAIIFORNIA
COI'NTY OF LOS ANGELES
, City Clerk / Deputsy City Clerk of the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1235 was duly and regularly introduced ats a regular
meeting of the City CounciL of the City of Vernon, held in the City of
Vernon on Tuesday, December L5, 20]-5, and thereafler adopted at a
meeting of said City CounciL held on Tuesday,
following vote :
, by the
I,
AYES:
NOES :
ABSENT:
Ehe City of Vernon.
Executed this _ day of
(SEAL)
Counc i lmembers :
Councilmembers:
Counc i lmembers :
Ard thereafEer was duly signed by Ehe Mayor or Mayor Pro-Tem of
, 20 , at Vernon, California.
City Clerk / Deputy City Clerk
7
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8E r l
NOTICE OF PUBLIC HEARING
ADOPTION OF AMENDMENTS TO THE CITY OF VERI\ION'S CODE AND ZONING
ORDINANCE
NOTICE IS HEREBY GMN that the City of Vemon City Council will hold a Public Hearing at
9:00 e..rra. on Tuesday, December 15, 2015, at City Hall in the City Corurcil Chambers,4305 Santa Fe
Avenue, Vemon, Califomia. The purpose ofthe hearing is to consider the following amendments:
l) Article VI of Chapter 5 of the Vemon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t),
2) Cunent Article VII of Chapter 5 of the Vemon Municipal Code be renumbered to Article
VIII without any other further modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 of the City Code,
4) Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage
Businesses to the list ofthose Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article II of Chapter 26 (Zor^rrrg) of the Vemon Municipal Code by removing
the definition of "Massage Parlors",
6) Cnrrent Articles VIII, IX and X of Chapter 26 (Zorlrrg) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VII[ Zoning Regulations for Massage Businesses, be added to Chapter 26.
NOTICE IS HEREBY FURTHER GIYEN that a copy ofthe proposed ordinance will be available
for public review during normal business hours in the Vemon Public Works, Water & Development
Services Department, located at 4305 Santa Fe Avenue, Vemon, CA 90058, from
ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in
favor of, or in opposition to, this matter prior to the time of the hearing, or be heard in support of, or
opposition to, the proposed project at the time ofthe hearing.
Ifyouchallenge the adoption ofthe ordinance amending the comprehensive Zoning ordinance, you
may be limited to raising only those issues you or someone else raised at the hearing described in this
notice or in written correspondence delivered to the City of Vemon at, or prior to, the meeting.
For questions regarding this public hearing item please contact Kevin Wilson, Director of Public
Works, Water & Development Services at (323) 583-881 l, or kwilson@ci.vernon.ca.us.
The hearing may be continued or adjoumed or cancelled and rescheduled to a stated time and place
without further notice of a public hearing.
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA
COTINTY OF LOS ANGELES
CITY OF VERNON
I, Sereio Canales Assistant Planner of the City of Vemon, do hereby certiff that on Monday,
December l, 2015, mailed a copy of Notice of Public Hearing to be held on December 15,2015,
regarding an Adoption of Amendments of the City of Vemon's Code and Zoning Ordinance, to
the interested parties and agencies on the attached list, by United Stateg
)
)ss
)
Date: ;2/z/ts
-
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 truthfi,rlness,
, or validity ofthe document.
State of Califomia
County of Los Angeles
orfucenllrr 1, oot{ beforeme,, notary
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that heAhe4hey executed the same in hisAe+/thei+ authorized capacity(es),
and that by hislhe#thei+ signature(s) on the instrument the person(s), or the entity upon behalfof
which the person(s) acted, executed the instrument.
I certi! under PENALTY OF PERIURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
)
)ss
)
ffiaffiHl:Signature
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 5E3-EE l l
NOTICE OF PUBLIC HEARING
ADOPTION OF AMENDMENTS TO THE CITY OF VERNON'S CODE A}iD ZOI\ING
ORDINAI\CE
NOTICE IS HEREBY GIVEN that the City of Vernon City Council will hold a Public Hearing at
9:00 e.rra. on Tuesday, December 15, 2015, at City Hall in the City Council Chambers, 4305 Santa Fe
Avenue, Vemon, Califomia. The purpose of the hearing is to consider the following amendments:
l) Article VI of Chapter 5 of the Vemon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t),
2) Current Article VII of Chapter 5 of the Vemon Municipal Code be renumbered to Article
VIII without any other fi,rther modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 of the City Code,
4) Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage
Businesses to the list ofthose Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article II of Chapter 26 (Zoni4) of the Vemon Municipal Code by removing
the definition of "Massage Parlors",
6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26.
NOTICE IS HEREBY FURTHER GIYEN that a copy ofthe proposed ordinance will be available
for public review during normal business hours in the Vernon Public Works, Water & Development
Services Department, located at 4305 Santa Fe Avenue, Vemon, CA 90058, from
ALL INTERESTED AI{D/OR AFFECTED PARTIES are invited to submit written comments in
favor of, or in opposition to, this matter prior to the time ofthe hearing, or be heard in support of, or
opposition to, the proposed Foject at the time of the hearing.
Ifyou challenge the adoption ofthe ordinance amending the Comprehensive Zoning Ordinance, you
may be limited to raising only those issues you or someone else raised at the hearing described in this
notice or in written correspondence delivered to the City of Vemon at, or prior to, the meeting.
For questions regarding this public hearing item please contact Kevin Wilson, Director of Public
Works, Water & Development Services at (323) 583-8811, or kwilson@ci.vernon.ca.us.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place
without further notice of a public hearing.
Easy Peel@ Fbelt
Use Avqryo Template 5l5O@
' City of Huntington Park
PIaDning Department
6550 Miles Avenue
Huntington Parlq CA 90255
L.A. County Board ofSupervisors
Director of Planning
James Hertl - Room 1390
320 W. Temple Street
Los Angeles, CA 90012
South Coast Air Quality Mgmt
District (AQMD)
21t65 E. Copley Drive
Diamond Bar, CA 91765
Brian Scanlon
L.A. County Public Works
Mapping & Property Mgmt,
900 S. Fremont Avenue, 106 Floor
Alhambra, CA 91803
City of Commerce
Plannitrg Departmetrt
2535 Commerce Way
Commerce, CA 90040
City of Bell
Planning Departmetrt
6330 Pine Street
BeU, CA 90201
City of Cudahy
Planning Department
5220 Santa Ana Street
Cudahy, CA 90201
L.A. County Sanitation District
P.O. Box 4998
Whittier, CA 90607
City of Mayryood
Planning Department
4319 Slauson Avenue
Mayrvood, CA 90270
City of Los Angeles
Planning Department
200 North Spring St.
Los Angeles, CA 90012
Etiquettes faciles Er peler
Utilisez le gabarit AVERyo 5160@
I
Feed Paper
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Eend along line to
expose PoFup Edgerx
Lucille Roybal-Allard
Congresswoman
500 Citadel Drive, Ste 320
Commerce, CA 90M0
Gloria Molina
Board of Supewisors
500 W. Temple St., Ste 856
Los Angeles, CA 90012
City of Long Beach
OIfice of the City Manager
333 W. Ocean Blvd., 13ft floor
Long Beach, CA 90802
E.J. Contreras
Owens-Brockway
2901 Fruitland Avenue
Vemon, CA 90058
Califomia Water Service Comp.
3316 West Beverly Boulevard
Montebello, cA 90640
Marisa Olguin
Chamber of Commerce
3801 Santa Fe Avenue
Vernon, CA 90058
Maywood Mutual Water Co. 3
6151 Heliotrope Avenue
Ma1.wood, CA 902'70
L.A. County Flood Control District
900 S. Fremont Avenue
8rh Floor
Alhambra, CA 91803
L.A. Unified School District
Office ofEnvironmental Health & Safety
333 South Beaudry Ave.,20'h Floor
Los Angeles, CA 90017
Attention: Glenn Striegler
Suk Chon
County of Los Angeles
Department of Prblic \Vorks
Land Deyelopment Division
P.O. Box 1460
AlhaDrbra, CA 91802- I160
s"i a. Reptiez A ta hachurc afinde I
ctrir6imint r6vdler le rebod PoPup j
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John Kinas
United States Aluminum
3663 Bandini Boulevard
Vemon, CA 90023
Ms. Gutierrez
924 S. Moft Street
Los Angeles, CA 90023
James H. Hillands
Heger Realty Coe.
5657 E. Washington Blvd.
Los Angeles, CA 90040
Joseph R Gamrba
California Portland Cement Co.
2025 E. Financial Way
Glendor4 CA 91740
J.J. Little
J.J. Little Company, Inc.
9945 Malgar Drive
Whittier, CA 90603
LR. Luppen
Metal Producs Engineering
3050 Leonis Boulevard
Vernon, CA 90058
Ellen Orlando
Karen Leker
2300 E. I l0 Street
Los Angeles, CA 90021
Dave Karrker
Califomia Water Service
5243 E. Sheila Street
Commerce, CA 90022
So. Cal Edison
1924 Cashdan Street
Compton, CA 90220
Aftn: Mike Frazier
vvww.ayery.com
1-800-GO-AVERY
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proqar al.rare,rer tuoru'Dreq' ! 6o9ls @AUlAv rlreqe6 al zaslllrn
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Reyran L. Ledesma The Gas Company (So. Cal Cas Co.) L_A. Junction Railroad
Department ofwater & Power L.A. P.O. Box 3150 4433 Exchange Avenue
I I I N. Hope Street San Dimas, CA9l773 Vemon, CA 9005E
Los Angeles, CA 90012
Burlington Northem Santa Fe Railroad
3770 E. Washington Blvd.
Los Angeles, CA 90023
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STAFF REPORT
PIIBLIC WORKS, WATER & DEVELOPMENT
DEPARTMENT
RECEIVED
DEC 0 7 20t5
CITY ADMINISTRATION
I ..,tr4t
SERVTCEE ',i\r,
\\
DATE:
TO:
FROM:
RE:
December 15, 2015
Honorable Mayor and City Council
l''
Samuel Kevin Wilson, Director of Public Worls, Water and
Development Services I)epartment
Approval of an Ordinance Establishing Regulations for Massage
Businesses
RECOMMENDATION
A. Adopt an ordinance 1) Amending Article VI of Chapter 5 of the Vemon Municipal Code
by removing Massage Businesses from the definition of Adult and Sexually Oriented; 2)
Renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the Vemon
Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vemon
Municipal Code relating to the Business Permit Regulation of Massage Businesses; 3)
Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage
Businesses to the list ofthose Businesses required to obtain a Health Permit prior to
operation; 4) Amending Article II of Chapter 26 (Zoning) of the Vemon Municipal Code
by removing the definition of "Massage Parlors"; and 5) Renumbering current Articles
VIII, IX and X of Chapter 26 (ZONING) to Articles IX, X AND XI of the Vemon
Municipal Code and renumbering sections accordingly, and adding new article VIII to
Chapter 26 (Zoning) of the Vemon Municipal Code.
B. Find that this Ordinance is not a "project" as defined under the Califomia Environmental
Quality Act (CEQA) Guidelines, section 15378, because it will not result in either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the envtonment. This Ordinance is general policy and procedure making that
is explicitly exempt fiom the definition of "project" under CEQA Guidelines section
15378(bX2). Even assuming the Ordinance were a "project" under CEQA, however, it
would still be exempt from CEQA review under CEQA Guidelines section 15061(b)(3),
the general rule that CEQA only applies to projects which have the potential for causing a
sigrificant effect on the environment, and, as stated above, it can be seen with certainty
that there is no possibility that the Ordinance in question may have a significant effect on
the environment.
BACKGROT]ND
In May 2003, the City adopted Ordinance No. 1094, which established regulations for Adult or
Sexually Oriented Businesses. Included within the definition of Adult or Sexually Oriented
business was massage parlors. In September 2014, the Califomia Legislature enacted AB 1147,
which became effective on January 1, 201 5, to retum broad land use control to local government
over the regulation ofmassage businesses within their jurisdiction, while vesting the exclusive
control over the practice ofproviding massage services and the certification ofmassage
therapists with the Califomia Massage Therapy Council, a state-organized non-profit
organization created to regulate the massage industry C'CAMTC). However, AB 1147 prohibits
municipalities from regulating massage businesses as adult or sexually oriented businesses.
Therefore City Staffis recommending that various modifications be made to the City Code to
ensure that its regulations on Massage Businesses conform to State Law.
California Govemment Code Section 51030 e/ seg. permits cities the authority to regulate
massage businesses by conditioning the issuance oflicenses on satisfaction of certain criteri4
including building sanitation and operation standards for such massage establishments and
registration with the City's Police Department.
Therefore City staff is recommending that:
1) Article VI of Chapter 5 of the Vemon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" fiom the table under Section 5.92(t),
2) Current Article VII of Chapter 5 of the Vemon Municipal Code be renumbered to Article
VIII without any other further modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 ofthe City Code,
4) Amending Article II of Chapter 13 of the Vemon Municipal Code by adding Massage
Businesses to the list ofthose Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article II of Chapter 26 (Zoning) of the Vemon Municipal Code by removing
the definition of "Massage Parlors",
6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26.
The ordinance contains the specific language that is proposed to be added to the code. In
summary the new code provisions will set forth the following:
Business Permit regulations will include:. Purpose and Authority of the code provisions for massage businesseso Definitions
. Any exemptions to the regulations
o Permit application requirements. Permit issuance and registrationo Denial, Suspension, Revocation ofa permit
o Permit duration
. Posting of permit and record keeping
o Facilityrequirements
o Inspections, violations and penalties
o Hours ofoperation
o Coordination with CAMTC
. Property owner responsibility
The proposed change to the Health and Sanitation regulations will add Massage Businesses to
the list ofbusinesses that are required to obtain a Health Permit.
The proposed zoning regulations will include:
. Purpose for the code regulations for massage businesses
. Changes to the definitions for a massage parlor/massage business
o Sets forth a distance requirement between massage business establishments, public
facilities and other sensitive uses
FISCAL IMPACT
No fiscal impacts are anticipated from the adoption ofthe ordinance. The City currently has
regulations on massage businesses, these new regulations are very similar in nature, but do not
conform with State Law. This ordinance will amend the code to establish regulations that are
fully enforceable.
Attachment(s): NoticeofPublicHearing
Affidavit of Mailing
3
ORDTNAIICE NO. L234
AN ORDfNANCE OF THE CITY COI]NCIL OF THE CITY OF
VERNON (I) AMENDING ARTTCLE VI OF CHAPTER 5 OF THE
VERNON MUNICIPAI CODE BY REMOVTNG MASSAGE
BUSINESSES FROM THE DEFINITION OF ADULT AND
SEXUAILY ORIENTED BUSINESSES; (II) RENUMBERING
CURRENT ARTICLE VII (UTILITY USERS' TAX ) OF CHAPTER
5 OF THE VERNON MUNICIPAI CODE TO ARTICLE VIII, AND
ADDfNG NEW ARTICLE VII OF CHAPTER 5 OF THE VERNON
MUNfCIPAI CODE RELATING TO THE BUSINESS PERMIT
REGUI,ATION OF MASSAGE BUSTNESSES; (fff) AMENDING
ARTICLE II OF CHAPTER 13 OF THE VERNON MUNICIPAI
CODE BY ADDING MASSAGE BUSINESSES TO THE LIST OF
THOSE BUSINESSES REQUIRED TO OBTAIN HEALTH PERMITS
PRIOR TO OPERATION; (IV) AMENDING ARTICLE Ir OF
CHAPTER 25 (ZONING) OF THE VERNON MUNfCIPAI CODE BY
REMOVING THE DEFINITTON OF "MASSAGE PARLORS,,; AND
(V) RENUMBERING CIJRRENT ARTICLES VIII, IX AND X OF
CHAPTER 25 (ZONING) TO ARTTCLES TX, X AND XI OF THE
VERNON MUNICIPAI CODE AND RENIJMBERTNG SECTIONS
ACCORDINGLY, AND ADDING NEW ARTfCLE VIII TO CHAPTER
26 (ZONING) OF THE VERNON MIJNICIPAI CODE; AND
REPEALING AIL OR-DfNANCES OR PARTS OF OR.DINANCES IN
CONFLICT HEREWITH
WHEREAS, Ehe City of Vernon (the "City" ) is a municipal
corporation and a chartered ciEy of the State of California organized
and existing under its Chart.er and the Const.it.ut.ion of the State of
California; and
WHEREAS, California Constit.ution Article 11. Section T
authorizes the City to make and enforce within its limits aII IocaI,
pol-ice, sanitary, and other ordinances and regulations not in conflict.
r^rith generaf f aws ; and
WHEREAS, the City is further authorized by California
Government Code Section 51030 et seg. to reguLate massage businesses by
condit.ioning the issuance of licenses on satisfaction of certain
crit.eria, includj-ng building sanitation and operation standard.s for
such massage establishments and registration wit.h t.he City, s police
Department; and
WHEREAS, in May 2003, the City adopted Ordinance No. 1094,
which cal-Ied for regulation of, among other businesses, massage
businesses in accordance with applicable federal and state l-aw as an
aduLt or sexually oriented business under Art.icle vI of Chapter 5 and
Article VII of Chapter 25 of the Vernon Municipal Code.
WHEREAS, in September 20L4, the California Legislature
enacted AB l-l-47, which became effective on ,fanuary l, 20L5, to return
broad land use control to local- government over the regulatj-on of
massage businesses within their jurisdiction, whife vest.ing the
exclusive control over the practice of providing massage services and
tshe certification of massage lherapists wit.h the Cal_ifornia Massage
Therapy Council, a state-organized non-profit organization created Eo
regulate the massage industry ("CAMTC" ) ; and
WHEREAS, AB l-147 prohibits municipalit.ies from regulating
massage businesses as adult or sexual-l-y oriented businesses. See Govt
c. S s1034 (c) (2).
WHEREAS, the City has determined that an ordinance is
necessary to amend various sections of t.he Vernon Municipal Code Co
bring the Code into compliance witsh AB 1L47, Eo properly regufat.e
massage businesses and to better prot.ect againsts injury or ot.her harm
to persons; and
WHEREAS, a dufy-not.iced public hearing has been hefd t.o
consider E.he proposed ordinance changes and public leslimony has been
received and considered; and
WHEREAS , Chapt.er 4 . l- ( f ) and (h) of the Charter of t.he City of
vernon provides thats an ordinance shall amend a code or repeal any
2
ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS :
of the City of Vernon herebySECJION 1: The Cit,y Council
finds and determines lhat al-l- of the foregoing recitals are t,rue and
correct..
SECTION 2: AMENDMENT OF CODE. The City Council of the Cit.y
of Vernon hereby amends Arcicl,e VI of Chapter 5 of the Vernon Municipal
Code by deletsing Section 5.81.2(7) and the phrase " [m] assage parlors,,
from the table under Sectsion 5.92(E). A1so, af t.er Section 5.104, the
Vernon t'lunicipal Code shaIl read "Secs . 5 . l-05 and 5 . l-05 . Reserved. ,,
SECTION 3: AI{ENDMENT OF CODE. The City Council of Che City
of Vernon hereby amends tshe Vernon Municipal Code by renumbering
currenE Art.icle VII (UtiliEy Users' Tax) of Chapt.er 5 to Article VIII
(and leaving all sect.ion numbers intact) and adding new Article VII,
Business Permit Regul-ations for Massage Businesses, Eo Chapter 5, Business
License Taxes and Other City Taxes, to the Vernon Munic ipal- Code as
follows:
ARTICLE VII
BUSINESS PERUIT REGUI,ATIONS FOR !{AS SAGE BUSINESSES
TABLE OF CO}iIITEITTS
Section 5.107.00. Pur?ose - Authority.
Section 5.107.01. Definitiong.
gection 5.107.02. ErcemptionE.
Section 5.107.03. Requirements.
Section 5.107.04. Permit Application.
Section 5.107.05. Permit IEguance and Regigtration; or Denial,
SuEpension, Revocation.
3
Section 5.107.06. Permit Duration and Renewal .
Section 5.107.07. Posting and Recordkeeping.
Section 5.107.08. Facility Requirementa.
Section 5.107.09. fnEpection6, violation6 and Penaltj.es, Notice
and Appeals.
Section 5.107.10. Houra of Operation.
Section 5.107.11. Department Coordination with CAI{IC.
Section 5.1-07.1-2. Property Otrrer Responsibility.
Sectiorr 5.LO7.00. Pur?ose - Authority.
It is the purpose and intent of t.his Article tso provide for the
orderly regulation of massage busj-nesses within the City, in the
inlerests of the public hea1t.h, safety and welfare. The City wishes
both to recognize the practice of massage as a valid professional
field and Eo discourage prosEitution and other unlawful activity which
otherwise may become associated wit.h massage businesses.
This Art.icle relies upon the sEaEe certification process of the
CAMTC under the Massage Therapy Act (Cal-ifornia Business and
Professions Code sections 4500 through 4620\ . fn addition, this
Article provides certain minimum standards for the operation of
massage businesses, their managing employees, and massage therapist.s.
This Article is adopt.ed under the authority of covernment Code
sect.ions 51030 through 51034, covernment Code secEion 37101, Business
and Professions Code section 15000, and California Const.itution
ArticLe xI, Section 7.
Section 5.107.01. Definitions.
For purposes of this Art.ic1e, the following definitions apply:
4
California Massage Therapy Council esEabl-ished under Business and
Professions Code section 4500.5(a) .
(b) "Certified massage t.herapist," or "therapist" means a person
who is currently certified as a massage therapist by the CAMTC, and
who adminisLers massage for compensation. A certified massage
therapist who is an independent contractor is one who works at a
massage establishment. or has an outcall massage service, is not. a
sal-aried employee, and does not share a percentage of therapy proceeds
with the establishment. (Included within tshis definition through
December 3l , 201-6 is a "certified massage pract.it.ioner, ,, a person who
is currently certsified as a massage practitioner by the CAMTC. )
(c) "Chief" means t.he City's Chief of Police or his/her
des ignee .
(d) "Director" means t.he Director of Health & Environmental
Control- or the Direct.or of Publ-ic Works, water & DeveLopment Services
or each Director's respect.ive designee. The Director,s designees may
include the City's Code Enforcement officers.
(e) "Massage" means Che application of various techniques to the
muscular stsructure and soft. Cissues of the human body for remedial,
hygienic. relaxation or any other reason or purpose. Massage
techniques may include, but are not limited to, slroking, kneading,
tapping, compression, vibrat.ion, rocking, frict.ion, pressure and
simil-ar techniques, with the hands or with the aid of any apparatus or
appliance, with or without suppLement.ary aids such as rubbing alcohol,
liniment, antiseptic, oi1, powders, creams, ointment or other similar
preparat.ions commonly used in the practice. Examples of massage
include deep tissue massage, Swedish massage, Thai massage, sports
5
massage, shiatsu, pofariEy therapy, rolfing, reiki, hellerwork and
ref lexolog-y.
(f) "Massage business" or "business" means a massage
establishment or outcall massage service.
(g) "Massage eslabl-ishment" or "estsabfishmenE" means a fixed
locatsion where (only) state-certified therapists practice massage for
compensation.
(h) "Outca11 massage service" or "service" means a business that
provides massage by cert.if ied massage therapists at a locat.ion that is
mucually agreed upon by t,he client and t.he therapisc and that is not, a
massage estsabl-ishment.
(i) "Operator" means all persons who have an ownership interest.
in the massage business and are responsible for its day-to-day
operations.
(j) *Owner" means any of lhe following persons:
(1) The sole propriet.or of a sol-e propriet.orship operating
a massagJe business.
(2) Any general partner of a general or limited partnership
that owns a massage business.
(3) Any person who has a 10? or greater ownership j-nterest
in a corporation thaE owns a massage business.
(4) Any person who is a member of a limited liability
company that. owns a massage business.
(5) All owners of any other type of business association
Ehat. owns a massage business.
(k) "Person" means any individual, or corporation, part.nership,
association or other group or combination of same acting as an entity.
6
(1) "Specified anatomical areas,, means pubic region, human
genitals, perineum, anal region and t.he area of the femaLe breast that
includes the areola and the nipple.
Section 5.107.02. Exemptiona.
(a) This Article shall not apply to the following classes of
persons while engaged in the performance of the duties of their
respecE.ive prof essions :
(1) Physicians, surgeons, chiropractors, osteopaths,
podiatrists, physical therapists, nurses. or any ot.her
person licensed to praccice any healing art under the
provisions of Division 2 (commencing with Section 5OO)
of the Business and PLofessions Code when engaging in
such practice within the scope of hj-s or her license;
(2\ Trainers of any amateur, semi -profess ional , or
professional- athl-ete or athletic team, so long as such
persons do not practice massage therapy as t.heir primary
occupation at any locat.ion where they provide such
services in the Cit.y;
(3) Barbers, hair styl-ists, manicurists, estheticians and
cosmetologists who are duly Licensed under the l-aws of
the stale of California. while engaging in practices
within the scope of their licenses;
(41 Individuals in t.he City temporarily for educational
events or disaster rel-ief ;
(5) Individuals administ.ering massages or heaLth treatmencs
involving massage Co persons participating in road
races, track meecs, triathlons, educational event.s,
conferences or similar s ingle - occurrence at.hletic,
7
recreational , or educaEional events so long as approved
by the event sponsors and provided only at the site of
the event.;
Somatic practit.ioners who use no physical touch of any
kind at any time in their practice; and
Enro]Ied students of a school of massage when t.hey are
performing massage wit.hin the Cit.y as part of a formal
supervised inEernship or t.raining program operated by
the school, without compensation other than school
credit.
(b) The following shal-l not be considered massage establ-ishments
under this Article:
(1) Hospit.als, nursing homes, sanitariums, physiotsherapy
est.ablishments, offices of ficensed medical
professionals, other state-licensed physical or mental
health facilities;
Barber shops, hair salons, nail salons, and simj-Iar
beauEy/grooming establ-ishments, when the giving of
massage is an incidental function of the business and
consEit.ut.es 10? or less of the business' gross revenue;
Personal fitness training cent,ers, gymnasiums, atshletic
facilities or health cIubs, when t.he giving of massage
is an incidental function of the business and
constitutes 10? or fess of the business' gross revenue.
Seetion 5.107.03. Requirementa.
(a) Massage business. No person may own or operate a massage
business in the City unless:
(6)
(7)
(2\
(3)
I
(1)
(2)
(3)
Each employee or independent contractor administering
massage for such business is a cert.if ied massage
therapisE;
The owner or operator has
pursuant to Article II of
Munic ipal Code ,.
The owner or operator has
pursuant to Section 5.22
and
obEained a health permit
ChapEer 13 of the Vernon
obtained a business license
of the Vernon Municipal Code;
(4) The owner or operat.or has obtained a business permit
from the City and has a current registrat.ion on file at
the Police Department, pursuant to Sections 5.107.04
lPermit Applicationl and 5.107.05 [Permit Issuance and
RegisEration or Deniall be1ow.
(b) Massage therapist. No person may pract.ice massage in the
City who is not a certified massage Eherapist. A cert.if ied
massage Eherapist seeking tso work in t.he City must eit.her
be:
(1) an employee or independent cont.ractor at a Citsy-
permitt.ed and registered massage est.abtishment; or
(2) an employee or independenc contraclor of a regist.ered
outcall massage service.
Section 5.107.04. Permit Application.
(a) Any person desiring a massage business permit (including a
renewal of an existing permit) sha1I file a written
application on the required form with the police Department.,
accompanied by the appropriate filing fee esEablished by
resol-ution of the City Council.
9
(b)The applicaEion shal1 be compfet.ed and signed by the owner
or operator of the proposed massage business. The permit.
appfication does not authorize operation of a massage
business unless and unt.i1 such permit has been properly
granEed pursuant. tso this Art.icle.
The application shall conEain or be accompanied by the
following information (as applicable) :
(1) name under which the massage business is to be
conduc ted;
(2) street address, mailing address, website domain name,
e-mail address and Eel-ephone number of the massage
business;
(3) hours of operation of the massage business;
(4) name, fiome address, e-mai1 address and t.elephone number
of each owner and operator. (If the applicant is a
corporaEion, the name of tshe corporation shal1 be set.
forth as shown in its articles of incorporat.ion or
charcer, toget.her with the SEaUe and date of
incorporat.ion and the name, home address. and tel,ephone
number of each of the officers and directors of the
corporat.ion. ff the applicant is a partnership, t.he
name, home address, and t.elephone number of each of t.he
partners. If the appl-icant is a limited partnership or
limited liability company, it sha1l furnish a copy of
its certsificate of limited partnership or 1imited
]iability company as filed with the Secretary of
StaEe . ) ;
(c)
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(5) acceptabl-e proof that the operaEor is at least 18 years
of age;
(6) gender, height, weight, and color of hair and eyes of
operator;
portrait phot.ographs of operat.or;
(8) complete set of operator' s fingerprint.s t.aken by the
Pol-ice Department;
(9) name, home address of each employee or independent.
contractor who will offer massage at (or through) the
business;
(10) copy of stat.e certification issued by CAMTC of each
therapist proposed Eo perform or administer massage for
the business;
(l-1) for massage establishment.s, fu11 size site plan drawn
to scale showing the buil-ding, parking and access, as
well as floor plan showing the square footage of t.he
building area or Eenant space. The areas on the floor
plan shall be drawn to scale and properl-y l-abefed with
the accurate square foot.age (example: reception area,
massage treatment rooms, bachroom, utility room, etc.).
Arr operator of a massage escablishment. shall al_so
comply wit.h the City's building permit and zoning
requirements as provj-ded in Chapters 24 arld 26,
respectively, of the Vernon t'lunicipal Code ("VMC"), as
no massage establ-ishment permit will- be issued unless
and unt.iI such requirement.s are satisfied and any
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needed building permits have been issued and final
approval obtained;
(12) for massage estabLishmenEs. the name and address of the
owner and fessor of the real property upon or in which
the massage business is to be conducted. Where t.he
applicant is not the lega1 owner of the properEy, Ehe
application must be accompanied by a fu1]y execuled
copy of the lease and a not.arized acknowl-edgement by
Ehe owner of the property thaE a massage est.ablishment
will be located on his or her property;
(13) complete massage permit history of the operator,
whether such person has ever had any permit or license
issued by any agency, board, city, county. territory or
sEaEe; the date of issuance of such a permit or
license, whether the permit. or license was denied,
revoked or suspended; and the reason Eherefor;
(1a) all criminal convictions, including pleas of nolo
cont.endere, within the last. t.en years, including those
dismissed or expunged pursuant. tso Penal Code S f2O3.4,
but excluding minor traffic violations, and the date
and place of each such convict.ion and reason therefor;
(15) such other identification and information as tshe Chief
of Police may require in order to discover the truth of
the matters herein specified and as required to be set
forth in the application;
(16) a slatement in writing and dated by the applicant that
he or she certifies under penalty of perjury t.hat aII
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informatj-on contained in t.he application is true and
correct; and
(17) statsemenEs in writing and dated by t.he operatsor(s)
cercifying under penalty of perjury thaE they:
a) have received a copy of this Article;
b) underst.and its cont.ent.s; and
c) understand the duties of an operator, as provided
in t.his Article.
(d) The business sha1l notify the Pol-ice Department in writing
within fifteen (15) days of any change in the information
provided.
Section 5.107.05. Permit IEEuaIce and Regi8tration; or Denial,
Suapension, Revocation.
(a) Upon receipt of a written application for a massage business
permit, the Chief and the Director sha11 conduct an
investigation to ascertain whet.her such permit should be
issued. The Chief, afcer consultat.ion with the Director,
sha11 approve, conditionalfy approve or deny the application
wit.hin sixtsy (50) days of submission of the application. The
50-day period may be extended by the Chief for up to 30
additional days, if necessary, to compl-ete the
investigat.ion. The Chief shall issue such permit, unless he
or she makes any of the following findings:
(1) The operator, if an individual, or any of the officers
or directors of the corporation, if the operator is a
corporation; or a partner, if the operatsor is a
partnership, or any person directly engaged or employed
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in the massage business, has witshin eight years
preceding t.he date of the applicatsion:
(A) Been convicted of a violation of Cafifornia Penal
Code SS 256b, 266i, 314, 315, 316, 318, 647 (al or
(b) or any eguivalent federal- law or l-aw of
another stsate or any other provision of law
pursuant Eo which a person is required tso register
under the provisions of Penal- Code S 290 or when
Che prosecution accepted a plea of guilty or nol-o
concendre to a charge of a violation of any of the
aforemenlioned laws or any lesser included or
l-esser rel-ated offense in satisfact.ion of, or as a
substitute of, any of the previously list.ed
crimes;
(B) Been convicted of a violation of Healtsh and Safety
Code S L1550 or any offense involving the illegal
sa1e, distribution or possession of a controlled
substance specified in Health and Safety Code SS
11,054, 11055, 1l-055, 11057 or 11058;
(C) Had a license or permit to operate a massage
business or provide massage services denied,
suspended or revoked for cause by a licensing
aut.hority, including t.he CAMTC, or by any city,
county or state i
(2) The applicant. has made a knowingly faIse, misleading or
fraudulent statement or omission of facE to the Cit.y in
t.he permic applicatlon process i
-1-4-
(3) The applicat.ion does not cont.ain a1I of the information
required by S 5.r07.04 [permit Application] ;
(4) The massage business, as proposed by the applicant.,
does not comply with all applicable ]aws, including,
but not limited to, heal_th, zor,ing, fire and safety
requirements and sEandards ;
(5) The applicant has not satisfied the requirements of
this Article in t.he time specified;
(6) The operat.or does not possess a valid business l-icense
issued pursuant to this Code.
(b) If the applicat.ion is denied, the City will issue a Norice
of Denial, which shall state (i) Che reasons for such
denial, (ii) the effective daLe of rhe decision, (iii) the
procedures (adopEing VMC sect.ion 1.8-l-(c)) Eo request a
hearing and appeal the decision, and (iv) tshat the decision
will be final if no appeal is filed within the time
permitted .
(c) If the application is denied for failure to comply with
subsection (a) (2) above, Ehe operator may not reapply for a
period of six (5) months from the daEe Ehe applicat.ion was
denied .
(d) If Che applicat.ion is granted and permit is issued, the
massage business will automaticafly be regisE.ered with the
Police Depart.ment, and tshe Pofice Department shall issue the
business a city registrat.ion certificate, valid for one (1)
year. Massage businesses must renew their registrat.ion with
the PoLice Department. annuaIIy. There shal1 be no separate
charge for this registrat.ion and renewal .
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(e) The regist.ration is not transferabl-e t.o another owner,
operator, manager, service. or therapists; any such change
requires re - registrat ion.
(f) The Chief may revoke a permit if he or she makes any of the
findings for denial- of a permit 1n subsection (a) above, if
the operalor or any person employed by the business has
violated any provision of this Article, or upon a
demonstsrated inability to operatse or manage the massage
business in a law abiding manner. In such an evenE, the City
i,rilI first issue a Notice of Intent to Revoke Permit, which
will contain substantially the same information as set, forth
in su-bsect.ion (b) above.
(S) The Chief may suspend a permit for a period thirty (30) days
for each violat.ion of subsect.ion (a) above. In such an
evenE, tshe Citsy will first issue a Nolice of Intent to
Suspend Permits, which will conEain substancial-l-y the same
information as set forth in su-bsection (b) above.
Section 5.107.05. Permit Duration and Renewal .
(a) The duration of any massage business permit issued shal1 be
one (1) year .
(b) AppLications to renew a permit shall be filed with tshe Chief
before lhe expiration of the existing permit. along wit.h the
filing fee established by the City Council. Renewal_
applications must be filed no later than sixty (60) days
prior to t.he expirat.ion of the permit to prevent a lapse of
the permit .
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(c) Renewal applicat.ions shall require such information as may be
required by the Chief to update the information contained in
the original permit. application.
(d) The lapsing or suspension of any permits issued hereunder,
whether by operation of law or by order or decision, or the
vol-untary surrender of a permits by an operator, shafl- not.
deprive the City of the ability to proceed with any
investigation of or action or disciplinary proceeding against
such permit or operator. or Co render a decision suspending
or revoking such a permits.
(e) The Chief may, in his or her sole discretion, conduct a
fol1ow-up investigat.ion similar to the initial invest.igation
described in sect.ion 5.107.05(a) as a condition precedent to
approving an application for permit renewal . The Chief will
notify the appLicant. of the initiation of such an
investigation wiEhin ten (10) business days of appl,icant, s
submission of it.s renewal applicat.ion.
(f) The Chief may refuse Eo renew a permit if he or she makes any
of lhe findings for denial- of a permit in section 5.107.05(a)
above, if the operat.or or any person employed by tshe business
has violated any provision of this Arlicle, or upon a
demonst.rated inability to operate or manage the massage
business in a 1aw abiding manner. fn such an event, the City
will first issue a Notice of Intent to Refuse to Renew
Permit, which will cont,ain substantially t.he same informat.ion
as set. forth in sectsion 5.10?.05(b) above.
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Section 5.107.07. Poeting aDd Recordkeeping.
(a) The operator of a massage est.ablishment sha11 post in a
conspicuous place within the massage establishment a copy of
the Police Department - i s sued registration certificate and
the CAMTC state cert.ification of each massage therapist
working at or t.hrough the estsablishment. Therapist.s
performing outscal-I massage services shaI1 carry wit.h t.hem to
any location where massage is performed a copy of their
Pol-ice Department - issued registration cert.if icat.e and CAMTC
state certification and present it to the cl_ient or the City
upon request.
(b) A11 massage businesses sha11 maintain a daily register of
each client's name, t.he assigned room (or location of
ouEcall massage service) , Ehe massage therapisE who treated
the client, a descript.ion of service(s) performed and the
time of Ehe appointment. The daily register shall be
completed by the close of business every day and shalL be
retained for at l-east one year.
(c) The register shalf be considered confidential, not for
public review, and may be inspect.ed by the City only as part
of a criminal investigat.ion or to ensure and enforce
compliance wit.h this Article and any other applicable state
or federal 1aws, su-bj ect. to the administrative enforcement
procedures set forth in Section 1_.8-1 et seg. of this Code.
Failure to make records availabl-e for City inspection, after
precompliance review is determined in favor of the Cit.y,
shall be a misdemeanor punishable pursuant to Section j-.9(a)
of t.his Code.
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Section 5.107.08. Facility Requirementa.
The operator of a massage estsablishment shal1 maintain and operate
the establishment in a safe and sanit.ary manner, and shal_I comply with
all applicable land use, buil-ding, fire, safety, health, electrical,
plumbing, mechanical, heating and ventiLating, sanitation, and ocher
laws applicabl-e Eo the premises. In addicion, the massage estab]ishment
shaI1 meet. tshe following requirement.s:
(a) A recognizable and legible sign, in compliance with al_l_ city
and county ordinances, shall be posted at the main entrance identifying
the premises as a massage establishment.
(b) A l-ight l-evel of no less t.han five (5) -foot candles aE any
point within t.he room shall be maintained in each room or enclosure
where massage services are performed on patrons.
(c) A separate room or dressing l-ocker facitities for each
client. Dressing and undressing may occur in the same room as massage
therapy if the client is alone in the room wit.h the door(s) closed and
opaque coverings are present on any windows while undressing or
dressing. The massage lherapist or other client.s may not be present in
the same room when the client is undressing,-
(d) Any dressing, locker and toil-et. facilit.ies that are provided
shal-I meet these reguirements :
(1) In steam rooms and rooms containing tu.bs or showers, a
waterproof floor covering shal1 be provlded which
extends up the wall_s at leasc six inches and shall be
coved at t.he fl_oor-wa]l juncture with at leasc a 3/g
inch radius. Toilet rooms shal1 be of simil_ar
construction.
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(21 Wa1ls of Eoilet and bat.hing facilities shaI1 be smoot.h,
waterproof and kept in good repair.
(e) Cabinetss shalI be provided for the storage of clean linen.
Approved containers shaII be provided for the storage of all soil-ed
finen.
(f) Minimum ventil-ation shalL be provided in accordance with
Article II of ChapE.er 24 of t.he Vernon Municipal Code. To alIow for
adequate ventilation in cubicles, rooms and areas provided for patron,s
use, which are noc serviced directly by required window or mechanical
systems of ventilation, partitions shal1 be constructed so t.hat the
height of partitions does not exceed seventy-five percen! (75t) of Ehe
floor-to-ceiling height of the area in which t.hey are l-ocated.
(g) A11 plumbing and electrical installations sha1l be inst.alled
under permit and inspected by t.he Department. of public Works, Water &
Development Services and such instal-fat.ions sha1l be installed in
accordance with the Uniform Building Code and the Uniform plumbing
Code .
(h) A11 wal-l-s, ceilings, floors, poo1s, showers, bathtubs, st.eam
rooms. and all other physical facil-it.ies for Che establ_ishment must. be
in good repair and maint.ained in a clean and sanit.ary condition. Wet
and dry heat rooms, stseam or vapor rooms, or steam or vapor cabinets,
shower compartment.s, and toil-et. rooms, shalf be thoroughl-y cleaned and
disinfecled each day the business is in operation. Bathtu-bs sha11 be
tshoroughly cleaned and disj-nfected after each use.
(i) Towels, linens, and sheets of all tlt)es and items for
personal use of operators and patrons shall be clean and freshly
laundered. Towels, linens, and sheets shaIl not be washed after each
and every use. Reuse of such linen is prohibited unless the same has
-20-
been first laundered. Common use of towefs or linens is prohibited.
Heavy while paper may be substit.uted for sheeEs provided that such
paper is used once for each person and then discarded into a sanitary
recept.acle.
(j) Al- l- lavatories or wash basins shall- be provided with hot and
cold running water, tiguid (not bar) soap and single-service disposable
towels in wall--mounted dispensers.
(k) Disinfect.ing agents and sterilizing eguipment shal-f be
provided for any instruments used in performing acts of massage.
(1) Pads used on massage tsab1es sha11 be covered in a workmanlike
manner with durabfe washable plasEic or other acceptable wacerproof
material .
(m) No exterior entrance to the massage establishment which is
regularly used by the public for ingress or egress to such
establishment shall be locked during business hours, unless all clients
and staff are behind cfosed doors and no st.af f are avail-able Eo assure
security for those clients and staff.
(n) A l-ist of services availabl-e and the cost of such services
sha1l be posted in an open and conspicuous public place on lhe
premises. The services shall- be described in readily understandable
language. No owner or operator of the massage estabfishment, shal-l
permit., and no massage therapist. sha1I offer tso perform any services
other than those post.ed.
(o) With the exception of bathrooms, showers and dressing rooms,
no owner or operator of any massage establishment sha11 permit any
person in any area within the massage est.ablishment which is used by
t.he pat.rons or which can be viewed by patrons from such an area, unless
the person's specified anatomical areas are fully covered.
-21 -
(p) No massage establishment or part thereof where massage or
massage services are being conducted sha1l be equipped with any
elect.ronic, mechanical or art.ificial device used, or capabfe of being
used, for recording or videotaping, for monitoring the activit.ies.
conversation, or other sounds in the treatment room or room used by
customers .
(q) A person shall- not. entser, be or remain in any part. of a
massage establishment. or premises licensed as such whil_e in the
possession of, consuming or under t.he influence of any alcoholic
beverage or controlled substance. No owner or operator sha11 permit any
such person to enter or remain upon the premises of a massage
esEablishment.
(r) No massage or massage services may be administered unl-ess the
cusEomer's specified anat.omical areas are clothed. If the cuscomer is
female, the breasts need not. be clothed but musE be covered by a tor^,eI
when the customer is lying on her back.
(s) No owner or operator of a massage eslabl_ishment shall during
tshe course of any service or task associated wit.h the operation of a
massage business permit any person to massage or intentiona]ly t.ouch
the specified anatomical areas of another person eiEher under or over
the cl-othing or tsowel .
(t) No owner or operat.or of a massage establ-ishment sha11 permiE
any massage therapist to be on t.he premises of a massage esEablishment
during its hours of operation while performing or availabl_e t.o perform
any task or service associated with t.he operation of a massage
business, unless the massage Cherapist. is fuI1y covered from a point no
more lhan five (5) inches above t.he knees t.o the base of the neck,
excluding t.he arms. The covering, which incl_udes trousers, pant.s or
shorts, will be of a non- t.ransparent mat.erial and will be maintained in
a clean and sanit.ary condition.
(u) No owner or operator of a massage establishment shal-l- permit
any animals or pets on the premises, except. for service animal_s as
defined by the Americans wit.h Disabilities Act.
(v) A current 1ist. of the individuals providing massage services
in the massage establishment, and evidence of the organizat ion- issued
certificates or tsransitional massage lechnician l-icenses held by t.hose
individuals shal-l- be maintained at the massage establishment, at all
Eimes and shall be made immediately available to the Chief for
inspection upon request.
(w) For a massage establishmenE in which the therapist is an
employee, all massage services shall be paid for in t.he recepcion area,
and all tips, if any, shaIl be paid in the reception area. For a
massage esEablishment at which a therapist is an independents contractor
or for outcal-l- massage services, all massage services and all tips, if
any, may be paid in t.he same room where the massage occurred. A massage
establishment located in a home is exempt. from this subsection.
Section 5.107.09. Inapectiona; Violations and Penalties; Notice
and Appeal8 .
(a) The Chief may inspect the premises of a massage establishment
at the time of registration, and may make periodic.
reasonable inspections of the establishment during normal
business hours to assure compliance with CAMTC requirements,
this Article (including record-keeping as required by Section
5.107.07) and applicable fire, heal_lh and safety
requirements. If any violations are found, the Chief may
determine that a permit should be suspended, revoked or not
-23-
renewed, in which case, Ehe Chief shall provide notice
pursuant Eo Sections 5.l-07.05 (f) or (g) or 5.107.05 (f) , as
appropriat.e .
(b) In addition Eo the administrative enforcement. procedures and
remedies available to the Chief under secEion 1.8 of the
Vernon Municipal Code ( "WC" ) . prior tso providing not,ice as
described in subsection (a) above, the Chief may give the
business ten (10) days to correcE tshe violation(s) , or, if
the violat.ion(s) presents an immediat.e danger to public
health or safety, close the establishment. until- t.he
violation (s) is correct,ed.
(c) Any person aggrieved by a decision of the Chief with
reference tso the denial, suspension, revocation or refusal to
renew a permit may appeal pursuant Eo VMC section 1.8-1(c) .
Section 5.107.10. Hour8 of Operation.
No massage esEablishment and no massage therapist may provide
massage service beEween the hours of 10:00 p.m. and 7:00 a.m. Clients
and visitors shall be excluded from a massage establ-ishment during
those hours .
Section 5.107.11. Department Coordination with CAI{TC.
The Chief shaI1 designat.e a person in the Police Department or
Code Enforcement Division t.o coordinate with CAMTC, including
maintaining a list of cert.if ied tsherapists practicing in Che City,
maintaining a l-ist of massage businesses operacing in tshe City,
receiving nolices and information from CAMTC, and noE.ifying CAMTC of
any arrest or convictj-on of Penal Code section 64'7 ot other act
punishable as a sexual-ly related crime.
-24-
Section 5.107.1,2. Property Owner ResponsibiLity.
Any pface where l-ewdness, assignation or prostitution occurs is a
public nuisance which may be abated and permanently enjoined, and for
which the City may recover damages from the property owner, as well as
from the person conducling or maintaining the nuisance. (Penal Code SS
1-1-225 alrd 1f226') .
Section 5.108 and 5.109. Reaerved.
SECTION 4: AMENDMENT OF CODE. The CiEy Council of the CiEy
of Vernon hereby amends Article II of Chapter 13 of Ehe Vernon
Municipal Code by (i) adding "Massage business means a business as
defined in Section 5.1-07.01" to Sectsion 13.6; and (ii) renumbering
SecEions 13.7 (k) - (aa) to Sections 13.7 (1) - (bb) and adding new Sect.ion
13 .7 (k) "Massage business" .
SECTTON 5: AMENDMENT OF CODE. The City Council- of t.he City
of Vernon hereby amends Chapt.er 26 of the Vernon Municipal Code by
removing "Massage Parlor" and its definition from Section 26.2.9.
SECTION 5: AMENDMENT OF CODE. The Cit.y Council of t.he City
of Vernon hereby amends Chapt.er 26 of the Vernon Municipal Code by
renumbering current. Arlicles VIII, IX, and x t.o Articles fX, X and XI
(and renumbering sect.ion numbers accordingLy - e.g. , Zor,ing
Regulations for Off -Sit.e OuEdoor Advertising Structures shaff be
renumbered as new Artic]e Ix. and the section numbers shalf be
renumbered Sec. 25.9.1-, 26.9.2 and 25.9-3], , and adding new Article
VffI, zoning Reg.ulaEions for Massage Businesses, to Chapter 26, zolfilj,g, Eo
the Vernon Municipal Code as follows:
ARTTCLE VIII
ZONING REGI'I,ATTONS FOR MASSAGE BUSINESSES
Section 26.8.L. Pur?oae.
-25-
ft is the intenc of this Art.ic1e Eo prevent. tshe profiferat.ion of
massage businesses in t.he City and Eo ot.herwise regul-ale the number and
locat.ion of such businesses, such thaE Ehe public health and welfare
are preserved and promoted.
Section 26.8.2. Definitione.
As used herein, tshe terms and phrases shall- have the same meaning
as defined in Chapter 5 Business License Taxes and Other City Taxes,
ArEic]e VII, Business Permit Regul-ations for Massage Businesses,
SecEion 5.107.01, "Definitions," et seq.; provided, however. that for
purposes of zorrirrg, massage bus j-nesses shall be deemed a "commercial- or
retail use." In additsion, as used herein, the terms and phrases sha11
have the same meaning as defined in Chapter 5 Business License Taxes
and Other City Taxes, Art.icle VI Business PermiE Regul-ations for Adul-t
or Sexually Orienced Businesses or Similar Businesses, Sectsion 5.81,
"Definitions," et. seq. of this Code.
Section 26.8.3. Location Requirementa.
Sect.ion 26.8.3-7. Zone. Massage businesses shaff be permitstsed in
the C-2 overlay zone.
Seccion 25.A.3-2. Required Distance. No massage business shall be
opened as a new business, converted from an exist.ing business,
established, Iocat.ed. expanded, or operaEed within cerEain disEances
of cert.ain specified land uses as seE forth below:
(a) No massage business sha11 be established on a Lot
located within seven hundred fifty (750) feet of any other Lot
conta.ining anotsher massage business or an Adult. or Sexually Oriented
Business, whether such otsher Lot is located inside or outsi-de the City
l-imits. The required minimum distance bet.ween any two massage
businesses or between a massage business and an Adult or Sexually
-25-
Oriented Business shal-l- be measured along t.he Stsreet, whether public
or private, from Ehe nearest side or rear Lot lines of the LoEs upon
which such uses are located.
(b) No person shaI1 cause or permit the establishment or
maintenance of more Ehan one massage business or a massage business
and an Adult or sexually oriented Business on the same Property.
(c) No such business sha11 be esEablished or located witshin
seven hundred fifty (750) feet. of any Residence, pu-blic park.
recreat.ional area, public building, Religious Use, school , boys' clu-b,
girls' c1ub, or similar exist.ing youEh organizat.ion, Bar, pool haII,
or liquor store, whether such other use is located inside or outside
the City limits. The required minimum distance belween a massage
business and such otsher specified uses shal1 be measured along the
Stsreet, wheEher public or private, from t.he nearesE side or rear Lot.
Iines, of the Lots upon which such uses are locaEed.
SECTION 7: CEQA FINDING. The CiEy Council of tshe CiEy of
vernon finds that Ehis Ordinance is exempt from CEQA review under CEQA
Guidelines section 15051- (b) (3), the general rul-e tshat CEQA onl-y
appLies to projecls which have the potential for causj-ng a significant
effect on the environment. Because Che adoption of this ordinance does
not, authorize the establishment of any new massage businesses nor the
const.ruct.ion of any new structures or oEher physical changes in the
environment., its will not result in a directs or reasonably foreseeable
indirecL physical change in the environment. ,See CEQA Guidelines
section 15060 (c) (2) .
SECTION 8:Any ordinance or parts of ordinances in conflic!
are hereby repealed.with t.his Ordinance
SECTION 9: Severability. If any chapler, article, section,
subsection, subdivision, paragraph, sentence, cl-ause, phrase, or word
in this Ordinance or any part t.hereof is for any reason held to be
unconstitut.ional or invalid or ineffective by any court of competent.
jurisdict.ion, such decision sha11 not affecE t.he validity or
effecEiveness of the remaining portions of this Ordinance or any part.
thereof. The City Council- hereby declares that it woul-d have adopEed
this Ordinance and each chapt.er, article, section, subsection,
subdivision, paragraph, senEence, clause or phrase thereof.
irrespective of Che fact that any one or more chapters, articles,
sections, subsecEions, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffect.ive.
SECTION 10: Book of Ordinances. The Cit.y Clerk, or Deputy
City Cl-erk, shal-l- attest and certify to the adopEion of this Ordinance
and shall cause this Ordinance and the City C1erk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy Cit.y C1erk, shall
cause tshis ordinance to be published or postsed as reguired by 1aw.
-28-
SECTIoN 11: Effectsive Date. This Ordinance sha11 go into
effect and be in fuII force and effect at 12:01 a.m. on the t.hirty-
first (31sE) day after it.s passage.
APPROVED AND ADOPTED this day of 20
Name :
Tit.Ie: l(ayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian Byun, Deputsy City Attorney
-29-
STATE OF CAIIFORNIA )
) ss
COUNTY OF LOS ANGELES )
t,, City Cl-erk / Deputy City CLerk of the City
of Vernon, do hereby certify that the foregoing ordinance, being
Ordinance No. 1234 was duly and regularly introduced at a regular
meet.ing of the City Council of the City of Vernon, held in the Citsy of
Vernon on Tuesday, December 15, 2015, and thereafter adopted aC a
meeting of said Cit.y Council held on Tuesday,
f ollowing vot.e :
, by che
AYES:
NOES :
ABSENT:
the City of vernon.
Execut.ed this _ day of
(sEAr)
Counc i lmembers :
Counc i lmembers :
Counc i lmembers :
And thereafter was duly signed by Ehe Mayor or Mayor Pro-Tem of
, 20 , at Vernon, California.
Cit.y Clerk / Deputy Citsy Cl-erk
3
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CITY OF VERNON ACCOUNTS PAYABLE CHECK
PLEASE DEIACH BEFORE DEPOSITING
pAy Four Thousand Five Hundred Seventy Eight Dollars and Fourteen Cents
City of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
(323) 583-8811
FRANCHISE TAX BOARD
PO BOX 942867
SACRAMENTO, CA 94267 -0011
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20eo fluNTlrGTON DR , 2NO FLOOfi
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NO. 349099
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CITY OF VERNON ACCOUNTS PAYABLE CHECK
City of Vernon
4305 Sanla Fe Ave
Vernon. CA 90058
(323)583-8811
pAy Five Hundred Forty Two Dollars and Fifty Six Cents
E^ST WEST AANX
20ro Hr.JtaTrNGToN oR ,2NO FLOO*
TO THE
ORDER
OF
AYALA, MARIA
9613 ORIZABAAVENUE
DOWNEY, CA 90240
'10t0512015
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EXPENSE REIMBURSEMENT
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NO. 349168
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10t18115 - 10131t15, Paydate 11112t15
10t18115 - 10t31t15, Paydate 11t12t15
11101115 - 11114115, Paydate 11n5n5
Payment
Method Date Payment Description Amount
Total net payroll and payroll taxes
Checks
ACH
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Checks
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Checks
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3/.9314
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Net payroll, direct deposits
Payroll taxes
Net payroll, checks
Net payroll, direct deposits
Payroll taxes
Net payroll, checks
Net payroll, direct deposits
Payroll taxes
$ 22,120.74
785,814.76
238,929.75
17,578.70
14,578.60
16,570.98
20,728.17
768,360.04
240,681.34
2,125,363.08
Payroll related disbuEements, paid through
General bank account
Total net payroll, taxes, and related disbursements
ICMA
CaIPERS
Califomia State Disbursement Unit
Sandra Bingman
Franchise Tax Board
IBEW Dues
Vernon Firemen's Association
Vernon Police Officers' Benelil Association
ICMA
CaIPERS
California State Disbursement Unit
Sandra Bingman
Franchise Tax Board
Teamsters Local 911
Vernon Firemen's Association
Vernon Police Officers' Benefit Association
27,733.62
397,293.67
3,593.35
2,000.00
1,288.32
2,837 .21
3,265.00
1,837.75
27,579.47
401 ,879.56
3,531.98
2,000.00
1,288.32
2,370.00
3,265.00
1 .837 75
883,601.00
$ 3,008,964.08
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RECEIVED
DEC 0 8 2015
CIIY CLERt('S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
December 15, 2015
Honorable Mayor and City Council
. (-\
Mark C. Whitworth. City Administr a:lrlr (.: '-;r)
Origin116v3 Lilia Hernandez, Executive AssiManfto the City Administrator
Eagle Scout Proclamations
Recommendation
A. Approve proclamations for Andres Sandoval, Geraldo Alberto Langarcia, Hector
Corrales, Edward Brambila, and Walter Frank Calderon for their service to and suppon
of their community.
Backsround
Andres Sandoval, Geraldo Alberto Langarcia, Hector Corrales, Edward Brambila, and Walter
Frank Calderon, all members of the Los Angeles Area Division of the Boy Scouts of America,
have attained the rank ofEagle Scout, the highest advancement rank in Boy Scouting.
The prestigious Eagle Scout Award is presented only to young men who have attained
outstanding achievements in scouting and in their community.
In addition to completing over 600 hours of community service, each of these young gentlemen
have eamed 2l merit badges, including Family Life, Personal Management, and Citizenship in
the Community and World, as well as First Aid.
Mayor McCormick will present the proclamations to Andres Sandoval, Geraldo Alberto
Langarcia, Hector Corrales, Edward Brambila" and Walter Frank Calderon on behalf of the City
of Vemon at an upcoming Boy Scouts awards ceremony.
Fiscal Impact
There is no cost associated with this itern.
Attachment(s)
1. None
Page 1 of 1
0f@
A PROCLAMATION OF TIIE MAYORAND TIIE CITY COUNCIL OF
TIIE CITY OF VERNON COMMENDING AND ITONORING
IYALTER FRANI{ CALDERON FOR ITIS SERWCE AA{D
SUPPORT OF ITIS COMMANITY
WHEkE IS,IYalter Frank Caldemn has distingaished hin:elJ-b-y atlaining the rank of Eagle Srout with
tbe Bo1 Snats o;f ,'lmeita; and
W'IIEkEAS, Mr. Caldemn bas r.vnpleted 21 Nlerit Badges, including Meit Bddgu in 'Fanij l)fe,"
"Personal Management," and "Citirynship in the Commaniry and World" as we// as 'First Aid"; and
\Y'IIERFLAS, Mr. Calderun hat romplend a Commmij Seruirc Pm1'e*.for tbe CiA 0:f Sliltb Gate
Departnent of Parks and Rereation b1 replanting a planter at South Gate Park with dmagbt resistancv plants, in
addition to conpleling ouer 600 hoars of rvmmaniry seruitv; and
W'I IERFIAS, tbe Eagle Snat Award is presented onll to-1oang men aho haye attained outslanding
achieuements in scouting and their tvmmuni!; and
WHEREAS, Mr. Calderon's scvuting achieuements are an example oJ,4nerita in ar,tion, and his keen
sense of maturiry and deuelopnent o;f badership baae placvd bin in the esteen oJ hi nnnuniry and Jelkw scoats.
NOV/, THEREFOKE, THE MA)'OR,4.\D THE CITY COLIAICIL OF THE CITY Of_
I,'ERA'ON, ON BEIL4I-F OF ITS EMPLO\TE', RE.'1DEATJ,4\'D BLTIAE.'IE.' HEREBY
HOA'O& COMNIEND AND CONGRATL:LATE V/ALTERF-P-4NK C,ILDERON ],oR HIJ
SERL,'ICE T,1}|D.'LIPPORT OF HIS COMA'TL-NITY. THIS PROCI-AMAIION 1J BE/NG
PRE.'EATED TO IYALTER P-RANK CALDERON BY THE HONOKABI-E MAYOR IY.
MICHAEL MCCORMICK FOR-4AD ON BEHALIT OF THE CITY COL"\'CIL OF THE CITY OP
I,€R.\'ON THIS 1;TU DAY OP DECEMBERTWO THOUS,4ND AND F]FTEEN
CITY OF I'ER,NON
0fG
CITY OI. I.ERA]ON
APROCL,AMATION OFTIIE MAYORAND TIIE CITYCOANCIL OF
TITE CITY OF WRNON COMMENDING AND ITONORING
ITECTOR CORRALES FORITIS SERWCE AND
SUPPORT OF IIIS COMMUNITY
W'IIEkEAS, Hector Corales has distinguished hin*lf b1 attainiry the rank of Eagle Sroat witb the Bo1
Scouts of ,ltneiu; and
IYHEKF-Af, Mr. Conales has ewpleted 21 Meit Badgu, inclading Meit Badges in 'Tani!, Ufe,"
'?ersonal Management," and "Citiienshtp tn the Commmity and World" as aell as 'First Aid"; and
ly'IlEREAS, Mr. Conales has cln?leted a Comnuni4, Seni,;v Pnlut-for the Boy and Girls Club of
l-.ong Beach Bailding b1 hanging racks for theloath to hang their batkpat'kt on and tompleting minor painting;t'or lhe
club, in addition to nmpleting oaer 600 hours oJ'cvnmmiE seruitv; and
W'HEREAS, tbe Eagle Snut Award is presenled onll toloang men who haue atlained o slanding
achietements in scoating and their cvmmanij; and
lylHEkEAS, Mr. Conales's scouting achieuements are an example oJ'Ameica in action, and his keen sense
oJ natuij and deuelopnent o;f leadersbtp baue plaud him in the esteem of his nmmanig andfelkw scoats.
NOW, THEREFOKE, THE M4YOR-4,\D THE CITY COLNCIL OP THE CITY OT.
taEr!"-*ONi ON BEHA,F OF ITS EMPLOYEE-|, RE-'IDENTS /J\D BLIIlNE-f-fE-t HEREBY
HOA'O& COMMEND AND CONCK4TUL+TE HEC-|ORCORRILE.',T,OR HIS SERLNCE
-4]\-D -'LTP,PORT OF HIS COM]uTUNIW. THIS I,ROCL,L\MIIONIJBEIAC PREIEATTED TO
HECTOR CORRA]-ES BY THE HONORABI-E LI-,1YOR W. MICHAEL MCCORA,IICK POR
IAD ON BEHALI; OF THE CIW COUI;CILOP THE CITY OF I,SRAION THIS 1'TH DAY OF
DECEMBER TIYO T HOL'SAND A}JD FIT-TEEN.
0fG
A PROCLAMATION OF TIIE MAYOR AND TIIE CITY COUNCIL OF
TIIE CITY OF VERNON COMMENDING AND ITONORING
GERALDOALBERTO LANGARCIA FOR ITIS SERWCE AND
SUPPORT OF ITIS COMMUNITY
W'I1ERF-\|, Ceraldo Alberto l-.angarda has distingaished hinnl.f fu, attaining the rank of Eagb Stvat
with the Bo1 Scouts of ,lmeiea; and
W'IIEREAS, Mr. ltngarda has Loniletud 21 lvleit Badgu, intlading lLeit Badgu in 'Fani! I);t'e,"
'?ersonal Management," and "Citirynship in the Comnaniff,and lf/orld" as uell at 'First Aid"; and
VHERFL4S, Mr. l-.angareia hm evnpleted a Commaniry Serui,;v Pnjut.for the lYhittier Narmas Natun
Center b1 planting trees and rupaiing sone fenrvs.fbr tbe fiataft Lvflter, in addition to tvmpleting otnr 600 hoars of
nmmuniry seruire; and
IY/HEREAS, the Eagle Scv Award is presented only to loang men uho haue attained oatstanding
acbieuenents in scouting and their eommani\; and
IY'IIEkEAS, Mr. l-,angarda! roating achieueme s are an exanple of ,4meira in attion, and his keen
senrc of nauiry and deuebpnert of leaderbip baue platvd hin in the esteem of hts nmmaniS, and fellow stouts.
NOW, THEKEFORE, THE M4YOR-,1,\D THE CITY COLIAICIL OF THE CITY OF
I,?RA'ON'I, ON BEIL4L-F OF ITS EMPLO\'EE.', RE.'IDEAI7I'-4,\D BLIIIA'ESSES HEKEBY
HO}IO& COM]VIEND AND CONGKITL:LATE GEP-.ILDO,/1],BEP.TO LANGARCLA FOR
HIS SERL4CE -4AD.'LIPPORT OF HIS COMAIL'NITY. THIS PROCL/1,^I-4TION1J BEIATG
PRE-fEATED TO CEKALDO /1L}ERTO L4}]GARCL4 BY THE HONOMBIE MAYORTT'.
MICTLAELMCCORMICKPORAND ON BEIL/II,P- O1- THE CITY COLNAL OF THE CIW OF
I,ERNON THIS 1 ;TU DAY OP DECEMBERTWO THOL'|.,$iD ,,LND FIFTEEAi
CITYOF I,?&^TON
0fG
A PROCLAIMATION OF TIIE MAYOR AND TITE CITY COUNCIL OF
TITE CITY OF VERNON COMMENDING AND HONORING
EDWARD BRAMBILAFOR ITIS SERWCEAND
SUPPORT OF ITIS COMMUNITY
IY/HERF-AS, Edward Branbila has distingaished binself'by attaining the rank of Eagle Swat with the
Bo1' Snuts of y'meica; and
LV'I-IEREAS, Mr. Brambila hn Lar Pleled 21 Meit Badgu, inckding Meit Badges in "l*ani! L.ife,'
'?ersonal Management," and "Citi7-en:hip in the Commanity and lYorld" as aell as 'First Aid"; and
WHERF-AS, Mr. Brambila bas LorTr?leted a Communiry Senirc Pmjut Jor tbe Saint Cleneflt's EpicoPdl
Charrh in Hantington Park b1 repainting seueral walh and doing ninor repain al the tburch, in addition to
nnpleling ouer 600 hours oJ'nmmuniry seruirc; and
W'I1ERE-49, the Eagle Snut Award is prxenled onll toloang nen who hate attained outslanding
achieaements in snuling and their communij; and
W'IIEkE4S, Mr. Branbila\ yvuting achieuements are an exanple of ,4meim in action, and bis keen
sense of maluij and deuelopment of leader:hip haae platyd bin in the esteem of his nnnaniry and fellow snats.
NOIY/, THEREIJORE, THE MAYOR -4,\'D THE CIW COL NCIL OP THE CITY OI.
I'€Krv'*O -, ON BEH,.1LF- OF ITS EMPLOYEE-|, RE-IIDENTS lND BLIIINIEJJE-f HEREBY
HO-NOR COMI\IEND AND CONCLATUL,ITE EDIY/AkD BP-AI:IIBIL,A POR HIS SERWCE
/AD .'LIPPORT OP HIS COMfuTUNIW. THIS PROCDIA,I-AIION IJ BEIN'G PKESENTED TO
EDVARD Bk4lvIBIl,A BY THE HONOL IBI,E MAYOR V/. MICILAEL MCCOR /IICK FOR
AND ON BEHAL\ OI. NIE CIW COUNCIL O1. THE CIW OF I,€RAION THIJ |'TH DAY OF
D E C E MB ER TIYO T H O U S AN D /AD FIF-I"EEA.
CITYOF I,€RA'ON
0f@
A PROCI,I4MATION OF TIIE MAYORAND TITE CITYCOUNCIL OF
TIIE CITYOF VERNON COMMENDINGAND ITONORING
ANDRES SANDOVAL FOR ITIS SERWCE AND
SUPPORT OF IIIS COMMANITY
W'I{EkEAS, Andns Sandoval has distinguished hinself @ attaining the rank of Eagle Scout witb the Bo1
Sco*s oJAmerica; and
W'IIEkEAS, Mr. Sandoual has czrilpleted 2l Meit Badga, incladiryMeit Badge: in 'Fani! Dfe,"
'?ersonal Management," and 'Citirynthip in the Communiry and lYorld" as well as 'First Aid"; and
VIIE&EAS, Mr. Sandoual has clnpleted a Conmmiry Se ce Pmjutfor the San Antonio Tecbnial
Elenentary School b1 npaiing and npla.dng the datk pond liner and walkwal amand the pond, in addition to
mnpleting oaer 600 horrs of commmiry senice; and
W'IIEkEAS, the Eagle Scott Award is pnsented onll tolomg mer wbo baue altained oatstanding
acbie?emefitr in sco*ing and tbeir commmiry; and
VHEKEAS, Mr. Sandoml's sco ing acbieaemefis an an examph of Ameica in action, axd bis keen
sense of natuifl and delelopme* of kadership haae placed bin in tbe esteem of bis connuij and felkp yotts.
NOV/, THEKEFOKE, THE MAYORAND THE CITY COUNCIL OF THE CITY OF
I,?RNON, ON BEHAU OF ITS EMPLOYEE' RE.fIDEAIIJIAID BUIIAIESSES HEKEBY
HONO& COMIvIEND AND CONCRAruI-4TEANDkES SANDOVAL FORHIS SERWCE
AND SUPPOKT OF HIS COM}vIUNTIY. THIS PROCLAMATION IJ BEIAIC PKESENTED TO
ANDKES SANDOVAL BY THE HONORABIE MAYOR W. MICILAEL MCCOR|VIICK FOR
AND ON BEITAI} OF THE CITY COUNCIL OF THE CITY OF IZERNON THIJ 1
'111
DAY OF
DECEMBER TIYO THOUSAND AND FIFTEEN,
CTTYOF I.?RNON
DI
o Surnon
.fu/,/
Michael A. Wilson
Fire Chief
MAW:ar
RE .--"?f)
0[Y ULi,"'; l';;;jE
FIRE DEPARTMENT
Michael A. Wilson, Fire Chief
4305 Santa Fe Avenue, Vemoru Califomia 90058
Telephone(323)58$8811 Fax(323)82G7407
December 9, 2015
Honorable Mayor and City Council
City of Vemon
Honorable Members:
Attached is a copy ofthe Vernon Fire Department Activity Report which covers the period of
November 16,2015 through November 30,2015.
Respectfully Submitted,
REGEIVED
DEC 0 9 2015
CITY ADMINISTRATION
: Fireletnou'
E 4c ftu h., e $ I nltu trin f
YERNON T'IRE DEPARTMENT
COMPAIIY ACTTVITIES
November 16, 2015 to November 30, 2015
This Period Last Year
Last Year To Date
ACTTVITY TYPE
FIREPREVENTION:
Regular lnspections (#) :
Re-lnspections (#):
Spec. Haz. Inspections (#):
Total lnspections:
Total Man Hours:
TRAINING (HOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-rNCrpENT (HOURS):
Planning
Disrict Familiarization
Total Hours:
PERTOpTC TEST (HOURS):
Hose Testing
Pump Testing
t6
l5
4
35
44
120
30
158
tf3
132
I
24
598
t2
6
18
2107
684
2929
2800
2877
28
465
l 1890
r248
270
40
1558
1874
t994
701
2669
2670
2658
65
629
r 1386
This
Period
39
43
0
82
77
68
30
116
120
121
0
20
475
5
4
This Year
To Date
1466
365
43
1874
2508
73
90
99
83
1718
1816
3534
1940
1847
3787
93
20
113
163182
20
10
30Total Hours:
Page I
PUBLIC SERVICE PROGRAMS (HOURS)
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE (HOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
:Fireactivitv
0
0
6
6
23
6
252
281
5
0
20
25
2582
2674
2685
7941
25046
12r
122
12t
364
t23t
t17
t21
t2t
3s9
1089
43
25
263
331
2759
2780
2862
8401
27030
Page 2
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lncident Type
321 EMS call, excluding vehicle accident with iniu
321 EMS call, excluding vehicle accident with inju
571 Cover assignment, standby, moveup
31 1 Medical assist, assist EMS crew
31 1 Medical assist, assist EMS crew
322 Motor vehicle accident with injuries
321 EMS call, excluding vehicle accident with iniu
745 Alatm system activation,no fire, unintentional
321 EMS call, excluding vehicle accident with iniu
740 Unintentional transmission of alarm, other
321 EMS call, excluding vehicle accident with inlu
311 Medical assist, assist EMS crew
422 Chemic,l spill or leak
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
151 Outside rubbish, trash or waste fire
311 Medical assist, assist EMS crew
311 Medical assist, assist EMS crew
600 Good intent call, other
700 False alarm or false call, other
151 Outside rubbish, trash or waste fire
323 Motor vehicleipedestrian accident (MV Ped)
322 Motor vehicle accident with injuries
322 Motor vehicle accident with injuries
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
700 False alarm or false call, other
311 Medical assist, assist EMS crew
251 Excessive heat, scorch burns with no ignition
571 Cover assignment, standby, moveup
571 Cover assignment, standby, moveup
500 Service Call, other
650 Steam, other gas mistaken for smoke, other
735 Alarm system sounded due to malfunction
131 Passenger vehicle fire
700 False alarm or false call, other
321 EMS c€ll, excluding vehicle accident with inju
61 1 Dispatched & canceled en route
251 Excessive heat, scorch burns with no ignition
321 EMS call, excluding vehicle accident with inju
745 Alarm system activation,no fire, unintentional
321 EMS call, excluding vehicle accident with inju
730 System malfunction, other
lncident Date
1111612015 04.21:20
1111612015 14.25:36
1111612015 17 .34:06
1111612015 17 .54:45
1111612015 19 01:16
1111612015 19.42:55
1111712015 06j8:32
1111712015 12.48:09
1111712015 15:35.21
11t17t2015 16.24.U
1111812015 07 .26:0g
1111812015 10.57:04
11t18t2015 11.34.49
1111912015 01..25:44
1111912015 04.02:11
1111912015 05:40:44
1111912015 11:09:Og
1111912015 11:42:37
1111912015 12:37:41
1111912015 13:42:09
1112012015 13:11:01
1112012015 15:13:11
1112012015 16:44:46
1112012015 20:34:05
1112012015 22:38:01
1112012015 23:41:02
1 1 121 1201 5 08:44:35
1112112015 10:30:18
1112112015 13.35:26
1112112015 14:01:11
1112112015 20:05:25
1112112015 20:21:27
1112112015 22:59:35
1112212015 00:03:10
1112212015 04:24.14
1112212015 08:59.12
1112212015 10:45.48
1112212015 18:22.53
1112312015 09:04.55
1112312015 11:37:M
1112312015 12.11:14
11124D015 06:16:32
1112412015 09:30:46
1112412015 10:22:20
PREVENTIONFOLLOW-UP? Shift
No
No
No
No
No
No
No
No
No
No
No
NO
No
No
No
No
No
No
No
NO
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
421 Chemical hazard (no spill or leak)
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
321 EMS c€ll, excluding vehicle accident with inju
571 Cover assignment, standby, moveup
321 EMS call, excluding vehicle accident with inju
251 Excessive heat, scorch burns with no ignition
322 Motor vehicle accident with injuries
745 Alarm system activation,no fire,unintentional
740 Unintentional transmission of alarm, other
700 False alarm or false call, other
700 False alarm or false call, other
154 Dumpster or other outside trash receptacle fir
650 Steam, other gas mistaken for smoke, other
611 Dispatched & canceled en route
322 Motor vehicle accident with injuries
381 Rescue or EMS standby
1 14 Chimney or flue fire, confined to chimney or f
324 Motor vehicle accident with no injuries
150 Outside rubbish tire, other
324 Motor vehicle accident with no injuries
611 Dispatched & canceled en route
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
324 Motor vehicle accident with no injuries
1112412015 10:49:17
1112412015 14.17:46
1112412015 17:49:53
1112412015 18:12:21
1112412015 18:13.47
11124D015 18:16:56
1112512015 01:07:55
1112512015 08:57:04
1'112512015 17:21:50
1112612015 02:26:33
1112612015 06:36:53
1112612015 O8:18:41
1112612015 09:44:40
1112612015 23:00:38
1112712015 17:11:36
1112712015 17 .51:21
1112712015 22.05:27
1112812015 14.22:44
11128D015 14.43:52
11t2912015 10.26:32
1112912015 17 .11:05
1113012015 06:53:17
1113012015 12.14:30
11130t2015 't3:19.29
1113012015 18:24:54
No
No
No
No
No
No
No
No
No
No
No
No
NO
No
No
No
No
No
No
No
No
No
No
No
No
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REGtrIVED
DATE:
TO:
FROM:
RE:
RECEIVED
DEC 0 9 20t5
CITY ADMINISIRA ONDEi' 0 I 2015
CIIY CLLRKSOttl0E STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
December 15, 2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Vernon Gas & Electric
Originator: Diana Figueroa, Administrative Secretary
Pump House No. 2 Electric Panel Emergency Repair
"-dc4 t',"
Department
Recommendation
A. Find that the Pump House No. 2 Emergency Repair referenced in this staff report as well
as the receipt and filing of this staff report with the Clerk's Office are exempt from
Califomia Environmental Quality Act (CEQA) review because, as continuing
administrative or maintenance activities, neither is a "project" as defined in CEQA
Guidelines section 15378(bX2). And even if such activities were "projects," they would
be exempt from CEQA review in accordance with Section 15061(bX3), the general rule
that CEQA only applies to projects that may have an effect on the environment; and
B. Receive and file the staff report which has been provided for informational purposes
only, pursuant to Vemon Municipal Code (VMC) Section 2.17.36 which states in part
that a full account of the circumstances of any emergency purchases shall be filed with
the City Council.
Background
The existing electric service panel at Pump House No.2 (PH2) was originally installed in 1956
and was out of service due to unexpected failure in July of2015. The City staff were unable to
repair any damaged components of the electric panel and its metering equipment, similar to past
occurrences, because parts were not readily available and its compartments were no longer safe
to operate. The main breaker was not operational and it was not reliable to protect equipment in
case of an electric wiring fault.
Replacement ofthis equipment was critical and had reached emergency status in July,20l5. The
electric panel is designed to serve boosting motors that pump water from City well sites to the
nearby reservoirs. The out of service electric panel at Pump House No. 2 required replacement
in order to resume normal operations. Otherwise, the use of MWD water would escalate. which
Page I of2
would then burden the City with more costs while concurrently causing the remaining
functioning boosters to work twice as hard, making them vulnerable to premature failures.
The cost of a new electric panel was estimated to be approximately $90,000. In conjunction to
the panel, there were additional costs flagged that were associated to trenching underground
cables, connecting the motors to the new panel, and new motor soft-start equipment which were
estimated to equate to approximately $60,000.
City staff received a bid in the amount of $138,500 from Littlejohn-Reuland Corporation
(Liulejohn) for the equipment, installation and testing of a new 1,200 ampere, three phase, four
wire panel. The estimate included prevailing wages and taxes and excluded any weekend work.
The City's Purchasing Manual provides for exemptions from Competitive Bidding or
Competitive Selection for contracts for supplies, equipment, or services for actual emergency
work, pursuant to VMC 2.17.12(4). Therefore, Littlejohn, a company that has historically
demonstrated competence and relevant professional qualifications, was immediately contracted
to provide the necessary repair services and equipment for PH2. The work was completed on
October 29, 2015 and PH2 is now operational.
Below details the services that were provided by Littlejohn-Reuland:
o GFI Main Testing
o Tracing of all existing wiring in buildingo Demolition of all control relays and timers in PLC Cabinet. Re-wiring of PLC Cabinet to accept integration wiring for new soft startso Provided "as built" control drawings to integrate existing PLC to new soft start
Fiscal Imoact
The total cost for all labor and materials for the emergency repair was $140,537.40.
Attachment(s)
None.
Page 2 of 2
RECE,VE eatth and Enwironrnentat
DEC 0 8 2015
CITY CLERKS OFFICE
Control Departrnent
Memo
To: Mark Whitwortlr. City Administrator n h
From: tronardGrossberg. Drector/HealrhOffi*, flS
Date: December 7,2015
Re: Transnifial ofHealth & Envimnmental Contol Departnent Monthly Report
I am forwarding the attached subject report for November 2015 for submission to the City Council. I am
requesting that the report be placed on the normal City Cor.urcil agenda.
Please let me know ifyou need additional information.
Attachment
RECEIVED
DEC 07 2015
CITY ADMINISTRATION
9clg:/mydoc.ZHDlrnoithly reportscity Adrnin Trd|smisal Mm$ly Repon Nov 2015
November 20.15
MONTHLY REPORT
City of Vernon Health & Environmental Control Department
Leonard Grossberg, MPA' REHS
Director / Health Officer
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
NOVEMBER,2015
IIAZARDOUS MATERIALS CONTROL
Hazardous material activity for the month of November included continuing efforts on closure of hazardous
materials establishments and oversight of rernediation projects. These closure and/or remediation projects
included: Pechiney Cast Plate on Fruitland Avenue, Clorox lnd. orr Bandini Boulevard,280l E.46d Street,
3305 Bandini Blvd., 2306 E. 38th Street, and Thermador on District Boulevard.
+**
Also in Novolber, staff from our department continued to u.ork with businesses on the electronic
submission of required hazardous materials reporting documents through the Califomia Environmental
Reporting System (CERS). The documents include emergency contact information, chernical inventories,
and emergency response actions.
***
Chief Deputy Director David LeDuff continues to coordinate the City's response to the 2015 CUPA Audit
Response which is due for submittal on Decernber 16th.
***
Only one emergency response investigation was overseen by our staff. It was an air-boume release at
Sterigencis that required our staffto respond at the request of the Vemon Fire Department on a weekend. An
investigation and corrective action was initiated and is ongoing.
UNDERGROI,]ND TANKS
No underground tanks were removed in Novernber.
***
Activities related to enhanced leak detection testing of underground tank systems required by State law SB-
989 continued at one facility in Novonber, Catalina Pacific.
FOOD PROGRAM
Senior Environmental Health Specialist Lyndon Ong Yiu, our food specialist, has been busy participating in
the Food Technical Advisory Committee (FTAC) which facilitates local govemments and the food industry
to work together in local and state issues conceming regulations and enforcement. He is also providing
guidance to Califomia Conference of Directors of Environmental Health (CCDEH) on proposed regulations
for snack bars. In addition, Lyndon reviewed new construction plans for two new food facilities.
***
Senior Environmental Specialist Lyndon Ong Yiu investigated a food boume outbreak complaint. We take
food complaints vay seriously because of the potential for illness that can result from improperly prepared
foods. The complaint was confirmed at a Vernon restaurant, and proper measures were taken to eliminate
the source of contaminated foods.
November saw an increase in the requests for free sale letters for export. A total of 38 letters were processed
by our office.
EI\TVIRONMENTAL PROTECTION
Environmental Specialist Erik Cheng conducted routine water samples at Vernon facilities, and all of the
results were found negative for e-coli and total coli-forms. All of the water samples met State standards for
potability.
**+
Director Leonard Grossberg conducted several office hearings for delinquent permits that were out-standing
and issued corrective orderc to comply. Delinquent permits not paid and brought up to current status are
subject to suspension and,/or termination. Businesses without a valid permit are not allowed to operate.
:* :* :*
Senior Environmental Specialist Jerrick Torres continues to coordinate with the Los Angeles Regional Water
Board regarding Exide Industries off-site stormwater monitoring plan, and has attended several workshops.
He assisted in completing the annual Storm Water Report for the City of Vemon, and conducted a review for
4700 Alcoa Ave.
***
Chief Deputy Director David LeDuff continues to coordinate local Unified Program Agency resources and
enforcernent by attending the Southern Califomia CUPA meetings. Updates and enforcement news from
State agencies and other local programs facilitate our local program enforcement activities.
***
Director Leonard Grossberg finalized the 2016 Used Oil Calendar submissions, completed the pledge
collections, and is preparing for the Vemon Elementary School presentation in January.
Staff responded to several complaints, including cockroaches coming out of a water meter box, vermin
infestation at Fire Station #4, an unknown substance left on the street, several odor complaints, and an illegal
food vendor complaint. Staff was able to investigate and correct these problerns when observed and able to
do so.
***
Senior Environmental Specialist Jerrick Torres conducted an investigation of arr illegal discharge at King
Meat on Exchange Ave. of ammonia. The investigation is on-going.
Finally, our office conducted two mosquito surveys in the Los Angeles River, and found minimal activity
within. Standing water, which supports breeding ofmosquito larvae, was physically rernoved.
State Health Director Urges Californians to Get Flu Vaccine
California Department of Public Health (CDPH) Director and State Health Officer Dr. Karen Smith
urges Californians to get the influenza (flu) vaccine as soon as it becomes available.
"Unlike some other infections, a person with influenza may be contagious and infect others before
they have or show any symptoms," said Dr. Smith. "Annual vaccination is the most reliable way to
protect against infection and, therefore, stop transmission of influenza to others."
Each year, flu causes millions of illnesses, hundreds of thousands of hospitalizations and
thousands or sometimes tens of thousands of deaths in the United States. To reduce this threat,
CDPH recommends the annual flu vaccine for everyone six rnonths of age and older, including
pregnant women.
Two of this season's vaccine components, the influenza A (H3N2) and influenza B (Yamagata
lineage) strains, have been updated to match the viruses Californians are likely to face during the
upcoming flu season.
Flu can cause severe disease across all ages. According to the
report recently published, there were 78 influenza-associated deaths reported in persons under 65
years of age in California during the 2014-15 influenza season.
Common symptoms of the flu include fever or feeling feverish, a cough and/or sore throat, a runny
or stuffy nose, chills, fatigue and body aches. Children may also have nausea, vomiting or
diarrhea.
To stop the spread of flu and other respiratory illnesses, Californians should also:
. Stay home when sick
. Cover a cough or sneeze with a tissue and properly dispose of the
used tissue
. Wash hands thoroughly with soap and warm water or an alcohol-
based hand sanitizer
. Avoid touching your eyes, nose and mouth
Dr. Smith encourages Califomians to contact their health care provider, physician office, clinic or
pharmacy about obtaining the flu vaccine. Some local health departments may also offer low- or
no-cost flu immunizations. For more information about the flu visit the CDPH influenza web
Daqe.To find a flu vaccine location near you, visit U444i!u4ev.
gclc:Igt €onard/Heafth D€ptMonrhly Reporrs/2o1s/monthly D@ember 201 5.de
RECEIVED
DEC 0 r 20t5
CITY ADMINISTRATION
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemoru California 90058
Telephone (3?3) 587-5171 Fax (323) 82&1t181
December 1,2015
Honorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vemon Police Deparfnent Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m.,
November 16,2015 up to and including mid"ight of November 30,2015.
Respectfu lly submitted,
YERNON POLICE DEPARTMENT
0r-l C4",-
DA}TIEL CALLEROS
CHIEF OF POLICE
DClar
lE 4c ttlsiv e $ I nttu triat
%t,
Jtl
-/-
Y hK.I\ UIY FULIL:E DEPARI'MEN'I'
D ep artment Activity Report
Jurisdiction: vERNoN
Fitst Dale: 11116t2015
Losl Dale: 11t3u2o1s
Depart nent Contplaint
TWe Description
AII Units himary Unil
105
1G96H
1G96M
20001
20002
20002R
2'tls
242
242R
273.5R
314
415
417R
422
459
4594
459R
4595
459VR
470R
476R
484R
487R
586
586E
594
594R
602
901
901 T
9027
9O2TR
909C
9097
911
9114
911NR
9174
925
927
4211
ASTVFD
BARCK
BOSIG
BOVEH
CITCK
CIVIL
CODE5
oFFtcER ts 10€ c7,961.962.1G10. WASH. EQUtpn
PICK UP THE JAIL PAPER WORK FROM HP JAIL
1G96 MARY fiAIL OETAIL)
INJURY HIT AND RUN
NON-INJURY HIT AND RUN
NON-INJURY HIT AND RUN REPORT
SILENT ROBBERY ATARM
BATTERY
BATTERY REPORT
DOMESTIC VIOLENCE REPORT
INDECENT EXPOSURE
DISTURBING THE PEACE
BRANDISHING A WEAPON REPORT
TERRORIST THREATS
BURGLARY
AUOIBLE BURGLARY ALARM
BURGI.ARY REPORT
SILENT BURGLARY ATARM
BURGTARY TO A VEHICLE REPORT
FORGERY REPORT
FRAUD REPORT
PETTY THEFT REPORT
GMND THEFT REPORT
PARKING PROBLEM
PARKING ENFORCEMENT
VANDALISM
VANDALISM REPORT
TRESPASS
UNKNOWN INJURY TMFFIC COLLISION
INJURY TRAFFIC COLI-ISION
NON-INJURY TRAFFIC COLLISION
NON-INJURY TMFFIC COLLISION REPORT
TRAFFIC CONTROL
TMFFIC TIAZARO
911 MISUSE / MNGUP
CONTACT THE REPORTING PARTY
911 CALL NO RESPONSE REOUIRED
ABANDONED VEHICLE
SUSPICIOUS CIRCUMSTANCES
UNKNOWN TROUBLE
ATTEMPT ROBBERY
ASSIST VERNON FIRE DEPARTMENT
BAR CHECK
BROKEN SIGNAL OR LIGHT
BROXEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SURVEILLANCEJSTAKE-OUT
114
2
4
4
4
19
8
10
1
2
2
2
1
4
10
120
2
2
5
2
1
3
4
25
1
10
5
16
3
13
65
1
1
2
11
10
2
2
37
2
3
19
2
8
13
7
6
2
tt2
2
4
I
2
t2
2
2
I
t
I
3
63
I
I
4
I
I
3
2
20
I
I
3
5
I
5
39
I
I
2
7
7
I
2
l3
I
I
t2
I
6
E
5
3
I
1AO1aU5 09:10!12 Page of
VPD
Y /E.I(l\ Ul\ TULIL:L DbTAI<'T'MEN'I'
F,Irll Dale: 1111612015
La Dole: 11t3ot2o1s
Dep artment Activity Repo rt
Jurisdiclion: vERloN
Departmenl Complainl
Type Description
AA Units Prinary Unil
VPD
DET OETECTIVE INVESTIGATION
OETAIL DEIAIL
DPTAST DEPARTMENTAL ASSIST
DUI ORIVING UNDER THE INFLUENCE
FILING OFFICER IS ,106 REPORT WRITING
FU FOLLOW UP
GTAR GMND THEFT AUTO REPORT
HBC IIAILEO BY A CITIZEN
14
3
4
2
44
J
20
5
t)
2
3
6
78
44
1
10
13
6
5
2
2
2
217
1
67
10
1
5
8
10
7
2
3
2
44
3
l3
3
5
1
I
4
68
22
1
8
5
4
5
I
I
I
171
I
47
9
I
5
3
l0
LOCATE LOCATED VERNON STOLEN VEHICLE
MISPLOCATE LOCATED MISSING PERSON REPORT
MUTUALAID MUTUAL AID
PAPO PUBLIC ASSIST-POLICE
PATCK PATROL CHECK
PEDCK PEDESTRIAN CHECK
PTATE LOST OR STOLEN PLATES REPORT
PRSTRAN PRISONERTMNSPORTED
REC RECOVERED STOLEN VEHICLE
RECKLESS DF RECKLESS DRIVING (23103)
REPO REPOSSESSION
ROADMGE ROAD RAGE
RR RAIL ROAD PROBLEM
SHOTS SHOTS
TRAFFIC STOI TRAFFIC STOP
UNATTACHEO UMTTACHEDTRAILER
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
VIDEOCHECK VIDEO EOUIPMET'IT CHECK (1G96 V}
WARMNT WARRANTARREST
WELCK WELFARE CHECK
WRNTSVC WARMNT SERVICE
Departmenl:1186 822
Overull:1l t6 823
12n1n015 Ogi10:12 Poge of
YERNON POLICE DEPARTMENT
Police ActivitY RePort
Period Ending: lll30ll5
TRAFFIC COLLISIONS
TOTAL
NON.INJURY
INJURY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misderneanor)
Hit & Run (Felony)
Persons lnjured
VEHICLES STORED
Unlicensed Driver
Abandoned/Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BY ARREST
ARl5-310 cRl5-2005 10851 vc
AR15-31 I CRl 5-2009 459 PC
NO.
21
17
10
1
PROPERTY RECOVERED
VEHICLES: $28,119.00
PROPERTY RECOVERED TOR
OTHERDEPARTMENTS
VEHICLES: S4,500.00
t7
16
4
4
4
I
t2
8
r26
29
155
28
94
4
ARl5-313 CRl5-2017
ARl5-314 CRl5-2017
ARl5-319 CRl5-2035
ARl5-320 CRl5-13,14
459 PC
459 PC
459 PC
11364 H&S
ARls-321 CRl5-2049 647(F) PC
VERNON POUCE DEPARTMENT
REPORT FOR PER9OT{S ARRESTED
PERIOD ENDING 11/30/15
MALE FEMALE TOTAL
ASSAULT WITH A DEADLY WEAPON
BURGLARY 3 I 4
EVADE PEACE OFFICER
GMND THEFT OVER $4OO
GMND THEFT AUTO 1 1
MURDER
POSS. CONTROLLED SUBSTANCT
TERRORIST THREATS
VEHICLE BURGLARY
VEHICLE MANSLAUGHTER
WARRANT (FOREIGN)
WARRANT (BENCH)
TOTAL FELONY ARRESTS 4 1 5
ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS
MALE FEMALE TOTAL
APPROPRIATE LOST PROPERTY
DOMESTIC VIOLENCE
DRMNG UNDER THE INFLUENCE
DRUNK IN PUBLIC 1 1
FALSE DMV DOCUMENT
PETTY THEFT
POSS. CONTROLLED SUBSIANCE
POSS. CONT. SUB PARAPHERNAUA 1 1
RECKLESS DRMNG
TRESPASSING
WARMNTS (BENCHTTRrc)4 4
WARRANTS (FOREIGN)1 1 2
TOTAL MISD. ARRESTS 7 1 8
MALE FEMALE TOTAL
BURGLARY
PETTY THEFT
VANDAUSM
VEHICLE THEFT
WARMNTS (BENCH)
rOTAL JUVENILES DET,0 0 0
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DEIAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:322
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REcE!\riED
DEC l0 20i5
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
December 15, 2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrator
Agreements for Certain
City of Vernon Executives
Recommeldation
A. Find that approval of the proposed agreements is exempt from the Califomia
Environmental Quality Act C'CEQA), in accordance with CEQA Guidelines g
15061(bX3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and
B. Approve and adopt the attached amended form alwill ernployment agreements (safety
and non-safety) to be used for City of Vemon executives and staff attomeys (except the
City Administrator and City Attomey).
C. Approve the attached updated form at-will employment agreements for the following
City of Vemon Executives, effective December 15, 2015:
r Daniel Calleros, Chief of Policer Michael Wilson, Fire Chiefr William Fox, Director of Finance. Carlos Fandino, Director of Gas and Electricr Leonard Grossberg, Director ofHealth and Environmental Control
Backeround
On May 7, 2013, in line with the City's good govemance reforms, the City Council adopted form
at-will employment agreements, one for non-safety positions and the other for safety positions,
to be used for all City of Vernon executive positions, except the City Administrator and City
Attomey. The same or a very similar form at-will employment agreement was utilized for
executives who assumed their current positions within the 12 months preceding May 7,2013,
Page I of2
Originator: Kristen Enomoto, Deputy City
and until an updated form at-will employment agreement was adopted by the City Council on
February 3,2015, which includes the aforementioned individuals.
The only sigrificant revision to the updated form at-will employment agreement adopted in
February 2015 was the rernoval ofa specified term or end date; all other revisions were minor
corrections or updates.
Because the earlier form at-will employment agreement included a specified term of three years,
the agreements for the aforementioned executives are scheduled to expire at different times
beginning December 18, 2015, making now an appropriate time to transition all such executives
to the updated form at-will employment agreement. The one exception to this is Kevin Wilson,
Director of Public Works, Water and Development Services, who is retiring effective Decernber
2'1,2015, and whose current agreement would not otherwise expire until June2,2016.
The revisions to the updated form at-will ernployment agreement for both safety and non-safety
executives proposed in this staff report are outlined in the respective attachments identified
below. Additional language was added to Section 5(D) of the safety agreement to clarify the
employee's election ofthen current post-retirement benefits. Section 6(E) of both the safety and
non-safety agreements were updated to correspond to existing City policy.
Fiscal Impact
There is no cost associated with the actions proposed in this staff report. The identified
employees will be provided updated at-will employment agreements, but no changes in salaries
or benefits are included in the updated agreements.
Attachment(s)
l. Updated Form At-Will Employment Agreement (Safety) (In Redline)
2. Updated Form At-Will Employment Agreement (Non-Safety) (ln Redline)
3. At-Will Employment Agreernent with Daniel Calleros
4. At-Will Employment Ageement with Michael Wilson
5. At-Will Employment Agreement with William Fox
6. At-Will Employment Agreement with Carlos Fandino
7. At-Will Employment Agreement with Leonard Grossberg
Page 2 of 2
Attachment 1
Updated Form At-Will Employment Agreement
(Safety) (In Redline)
AT.WILL EMPLOYMENT AGREEMENT (SAFETY)
BETWEEN THE CITY OF VERNON AND
Insert Employee Name]
This Agreement is between the City of Vernon ('Citf ) and
('Employee").
Recitals
City desires to employ Employee as an atwill employee in the position of flnsert
Positionl. Employee desires to be the finsert Position] and acknowledges that such
employment is at-will.
The City Administralor, pursuant to the authority granted by the City of Vernon Charter
and City Council, agrees lo hire Employee, as an at-will employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 1 : TERM
The effective date of this Agreement shall be Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the finsert Position] to perform the functions and
duties specified in the job description for the position (Attachment "A", incorporated herein by
this reference), as the same may be modified by the City Administralor, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Administrator
shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolulions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
JaFse+Decem ber 2015
other than to officers and employees of the city who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment; he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not lo engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services lo be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $per year, payable in twenty-
six (26) biweekly inslallments at the same time as other employees of the City are paid and
sub.ject to customary withholding. Salary adjustments (merit increases), if any, in Employee's
salary during the term of this Agreement shall be at the sole discretion of the City Administrator
based upon the City Administrator's evaluation of Employee's job performance and within the
base salary range established by the City Council or as otherwise approved by the City Council.
Any and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retiremont
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 3% at@ 50
benefit formula for "classic" sworn public safety employees or the 2.25% at 57 benefit formula
for "new" sworn public safety employees. The Employee pays for the employee contribution to
PERS.
B. Other Executive Management benefits
Employee shall receive all benefits specified by the then current Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
C. Other Public Safety Related Benefits
Employee shall receive all benefits and special pay specified by the then current
Resolutions of City Council pertaining to [Police/Fire] Management Personnel and any benefits
specified specifically for the finsert Position], including Medical and Dental lnsurance. Any such
2015
2 Jef,sa+qecem bg!
special pay is in addition to the base salary amount, and examples of special pay include Unsert
Special Pay categories applicable to Positionl.
D. Election of Benefits
The following benefits are provided for both Executive Management Staff and
[Police/Fire] Management Staff in differing amounts: Medical and Dental lnsurance,_€nd
Vacation and Administrative Leave. and Sick Leave. For the term of this Agreement, Employee
has elected to receive Medical and Dental lnsurance, as provided to lExecutive Manaoement
Staff OR [Police/Fire] Management Personnell, an4has elected to receive Vacation and
. lf Emplovee retires from
retirement date.
As to any other benefits or special pay provided to both groups, Employee shall receive
one benefit or the other, and not both benefits, at his/her reasonable election, and as the City
Administrator may approve.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section, and subject to the provisions of the
flnsert Public Safety Officers Procedural Bill of Rights. (Government Code Sections,
3300, et seq.)or Firefighters Procedural Bill of Rights Act.(Government Code Section
3250, et seq.)l
B. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in Paragraph
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment 'B' to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordination, incapacity, dereliction of duty, addktkm{e-a-eentrelled
lll-1. conviction of a crime involving moral turpitude or involving personal gain to
him/her or abuse of his office or position or any felony or a breach of this Agreement,
City shall have no obligation to pay any severance provided in this section.
Furthermore, Employee agrees that any severance provided shall be fully
reimbursed to the City if the Employee is convicted of a crime involving an abuse of
his/her office or position.
2015
-3-Jafl€ry AeeClllCI
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is lerminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above-
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retiremenl System ('PERS').
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
2015
4 &8{€ry'qeeemDet
TO CITY: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TOEMPLOYEE: XXXXXXXXXXX
xxxxxxxxxxx
xxxxx, xx xxxxx
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Soverability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on [insert date - should be the same as the initial date
of the terml.
[Signatures Begin on Next Page].
2015
5 JaF€a+Decern ber
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a California charter City and
California municipal corporation
Dated:
ATTEST:
Approved as to form:
Hema Patel, City Attorney
2015
t)Ja6t aqf Degernuel
ln signing this Agreement, Employee understands and agrees that his/her employmenl status is
that of an at-will omployee and that his/her rights to employment with the city are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otheruise apply to employees of the City_ Employee further
acknowledges thal he/she was given the opportunity to consult with an attorney prior to signing
this Agreemenl.
Dated:
Employee
2015
-7 -Jaeua+oegCllDel
ATTACHMENT A
Job Descriotion
-8-Ja8sary Agegn De.
20't 5
ATTACHMENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of
pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, lam releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the city, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code 91542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Employee
2015
-9-Jafl€ry ACegmbet
Attachment 2
Updated Form At-Will Employment Agreement
(Non-Saf.ty) (In Redline)
AT.WILL EMPLOYMENT AGREEMENT (NON.SAFETY)
BETWEEN THE CITY OF VERNON AND
Insert Employee Name]
This Agreement is between the City of Vernon ('Cit/) and
('Employee').
Recitals
City desires to employ Employee as an at-will employee in the position of [lnsert
Positionl. Employee desires to be the flnsert Position] and acknowledges that such
employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vemon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 1 :
The effective date of this Agreement shall be Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the flnsert Position] to perform the functions and
duties specified in the job description for the position (Attachment "A', incorporated herein by
this reference), as lhe same may be modified by the [City Administrator/City Attorney], from time
to time, and to perform such other legally permissible and proper duties and functions as the
[City Administrator/City Attorney] shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the eslablished work schedule as determined by the [City Administratoricity
Attorneyl, and devote whatever time is necessary to fulfill the employment responsibilities and
duties as identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Oriver's license.
E. Employee acknowledges thal in connection with the performance of hisiher
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
TERM
Ja6sa+qCCeDOet2015
other than lo officers and employees of the City who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment, he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the [City Administrator/City Attorney]- This does not
preclude Employee from volunteering his/her services to other entities or individuals as long as
such volunteer services are not in conflict with the services to be provided by Employee under
this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
EmployeeabaseStartingsalaryofnolesSthan$-,peryear,payableintwenty.
six (26) biweekly installments at the same time as other employees of the City are paid and
subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's
salary during the term of this Agreement shall be at the sole discretion of the [City
Administrator/City Attorneyl based upon the [City Administrator's/City Attorney's] evaluation of
Employee's job performance and within the base salary range established by the City Council or
as otherwise approved by the City Council. Any and all adjustments shall be in accordance with
City personnel policies and procedures. Employee's salary shall be reflected in the City's
publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes lhe 2.7o/o @4
55 benefit formula for 'classic" miscellaneous employees or lhe 2.0o/o at 62 benefit formula for
'neu/' miscellaneous employees. The Employee pays for the employee conlribution to PERS.
B. Other Executive Management benefits
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
Section 6: TERMINATION ANO SEVERANCE PAY
2
JaFua+8e9eD09L2015
Employee is an at-will employee and serves at the will and pleasure of the [City
Administrator/City Attorneyl and may be terminated at any time, without cause,
subject to the conditions of paragraphs B and C of this section.
ln the event that Employee is terminated by the [City Administrator/City Attorney] for
reasons other than physical or mental incapacity, and other than those reasons
noted in paragraph E, below, the City agrees to pay the employee a severance
package equal to six (6) months of base salary.
To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment 'B' to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordination, incapacity, dereliction of duty, addi€tiefi+>e€€f,treileC
lll-1. conviction of a crime involving moral turpitude or involving personal gain to
him/her or abuse of his office or position or any felony or for a breach of this
Agreement, City shall have no obligation to pay any severance provided in this
section. Furthermore, Employee agrees that any severance provided shall be fully
reimbursed to the City if the Employee is convicted of a crime involving an abuse of
his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SeclionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminated, any cash settlemenl related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of hisi/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
c.
3
JaFsaqfDec€m ber 2015
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retirement System ("PERS').
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacalion leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY: [City Administrator/City Attorney]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TOEMPLOYEE: XXXXXXXXXX
XXXXXXXXXX
XXXXX, XX XXXXX
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the [City Administrator/City Attorney] and approved as to form by the City
Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
4
JaqsaryDecem ber 20'15
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishmenl of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right lo remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effecl on [insert date - should be the same as the initial date
of the terml.
[Signatures Begin on Next Page].
5
J€nsaqf Decem ber 2015
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its [City Administrator/City Attorney], and executed by the
Employee-
City of Vernon, a California charter City and
California municipal corporation
Dated:By:
[Mark C. Whitworth, City Administrator
or Hema P. Patel, City Attorneyl
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
6
JaesaqfDecember 20 1 5
Hema Patel, City Attorney
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Employee
7
&FsaefQeS@9CL2o15
ATTACHMENT A
Job Descriotion
8
JaFsaqtqqge!&el2o15
ATTACHMENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of
pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, I am releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had againsi the City
arising from my employment with the City, including bui without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, lo the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code $1542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Employee
9
JaFua+Decem ber 2015
Attachment 3
At-Will Employment Agreement with
Daniel Calleros
AT.WILL EMPLOYMENT AGREEMENT (SAFETY)
BETWEEN THE CIry OF VERNON AND
DANIEL E. CALLEROS
This Agreement is between the City of Vernon ("City") and Daniel E. Calleros
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the position of Chief of
Police. Employee desires to be the Chief of Police and acknowledges that such employment is
at-will.
The City Administrator, pursuant to the authority granted by the City of Vemon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to lhe terms and
conditions identifi ed below.
AGREEMENT
Section 1 :TERM
The effective date of this Agreement shall be December'15, 2015. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an atwill
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance nolice as set forth in Section 8 below.
Section 2: OUTIES
A. City engages Employee as the Chief of Police to perform the functions and duties
specified in the job description for the position (Attachment 'A", incorporated herein by this
reference), as the same may be modified by the City Administrator, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Administrator
shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of hisiher
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
December 20'l5
other than to officers and employees of the City who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment; he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $241 ,404, per year, payable in twenty-six (26)
biweekly installments at the same time as other employees of the City are paid and subject to
customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrator's evaluation of Employee's job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 3% at 50
benefit formula for "classic" sworn public safety employees or the 2.7% at 57 benefit formula for
"new" sworn public safety employees. The Employee pays for the employee contribution to
PERS.
B. Other Executive Management bonofits
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Defered Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
C. Other Public Safety Relatod Benefits
Employee shall receive all benefits and special pay specified by the then current
Resolutions of City Council pertaining to Police Management Personnel and any benefits
specified specifically for the Chief of Police, including Medical and Dental lnsurance. Any such
2 December 2015
special pay is in addition to the base salary amount, and examples of special pay include
P.O.S.T. Certificate lncentive, Shooting Pay and Uniform Allowance.
D. Election of Benefits
The following benefits are provided for both Executive Management Staff and Police
Management Staff in differing amounts: Medical and Dental lnsurance, Vacation and
Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has elected
to receive Medical and Dental lnsurance, as provided to Police Management Personnel, has
elecled to receive Vacation and Administrative Leave, as provided to Executive Management
Staff, and has elected to receive Sick Leave, as provided to Police Management Personnel. lf
Employee retires from City employment during the term of this Agreement, he or she shall be
entitled to an election of post-retirement benefits (selecting betuveen benefits then provided for
both Executive Management Staff and Police Management Staff). Employee shall notify the
City of his or her election no later than thirty (30) days prior to Employee's retirement date.
As to any other benefits or special pay provided to both groups, Employee shall receive
one benefit or the other, and not both benefits, at his/her reasonable election, and as the City
Administrator may approve.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section, and subject to the provisions of the
Public Safety Officers Procedural Bill of Rights. (Government Code Sections, 3300,
et seq.)
B. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in Paragraph
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment "8" to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordination, incapacity, dereliction of duty, violation of the City's
Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime involving moral
turpitude or involving personal gain to him/her or abuse of his office or position or
any felony or a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, bul unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
3 December 2015
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is lerminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any lime. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retiremenl System ("PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A. Notico
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
-4-December 2015
TO EMPLOYEE: Daniel E. Calleros
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insisl on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on December 15, 2015.
[Signatures Begin on Next Page].
5 December 2015
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a California charter City and
California municipal corporation
Dated:
Mark C. Whitworth, City Administrator
ATTEST:
Maria E. Ayala, City Clerk
Approved as lo form:
Hema Patel, City Attorney
6 Decem ber 20'l 5
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Daniel E. Calleros
7 Decern ber 2015
ATTACHMENT A
Job Description
8 December 2015
JOB DESCRIPTION
Police Chief
Date Prepared: March 20'14 Job Class: 4010
SUMMARY: Under limited superuision, plans, directs, and coordinates the activities and staff of the Vernon
Police Department (VPD); directs staff to provide for the safety and security of the citizens, and provides
command leadership to assure the delivery of professional police service in an efficient and ethical manner;
assures the operations of VPD are in compliance with state and federal laws, and City policies and standards.
ESSENTIAL FUNCTIONS: - Esson ia, funcr,ons, as defined uder tlle Atnercarls r.yith D,3abi/i,bs Act, may inctude any ot lln tollowing
rcNesentative dulies, knowledge, and skills. This is not a canprchensiw listitv of all functions and duties Niomed by incumbonls of this class:
enployees nay be asstgned dulies which are nol lisled below: rcasonable amommodalions will be nde as rcquied. TIE bb desciption does
not constitule an enpbynenl ayeenenl atd is subject lo chango al any tine by lhe onplop| Essentialdutios aN rcsponsibililies nay incfudo,
bd arc not linited to, lhe following:
o Plans, directs, and coordinates VPD operations; analyzes operational issues, and develops solutions;
prioritizes tasks and projects: delegates assignments, monitors v'o*, develops staff skills, evaluates
performance, and enforces discipline: communicates departmental directives and changes in procedures
and protocols; assures VPD activities are in compliance with all laws, policies, regulations, and goals;.
. Manages swom officers to maintain law and order, protect life and property, control traffic, prevent crime,
and apprehend and detain persons violating state and federal laws, and local ordinances: assures
effective management of operational, enforcement, and investigative issues.
o Provides technical assistance to City Administrator and City Council on a variety of enforcement and legal
issues; develops City ordinances to meet goals and address technical issues.
. Analyzes workload trends, service demands, and operational issues; and develops comprehensive plans
to meet community needs; develops and implements staffing adjustments to address crime control and
prevention, and VPD operational issues: reviews staff reports, and monitors budget and expenditures.
. Confers wilh legal advisors, citizens, and City officials to discuss and resolve law enforcemenl and safety
issues; researches modem police management methods, and develops and implements @rrective
strategies, and revised VPD policies and procedures.
. Develops VPD goals, training plans, and systems and standards for program evaluationi directs special
assignments, and the investigation, planning, preparzrtion, and presentation of complex criminal cases.
. Analyzes crime data and reports of criminal activities, determines trends, and develops plans for changes
in organization, strategies, and operational procedures.
o Assures that VPD staff are properly trained and equipped, are held accountable for duties and
responsibilities assigned, and comply with City and VPD policies and procedures; meets regularly with
staff to discuss and resolve v\orkload and technical issues.
. lnvestigates and resolves administrative, inter-agency, and operational issues; directs coordination with
federal, state, and local law enforcemenl agencies, City departments, and emergency services agencies.
. Manages community relations issues, and addresses concems of business and residential communities.
o Maintains the integrity, professionalism, values, and goals of the Vemon Police Department by assuring
that all rules and regulations are follo!\,ed, and that accountability and public trust are preserved.
. Supports the relationship bet!\,een the City of Vemon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff: maintains confidentiality of work-
related issues and City information; performs other duties as required or assigned.
Police Chief Vernon CA 1of2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Possess a Bachelo/s Degree from an accredited college or university with a major in Crimanal Science,
Public Administration, or a related field; AND seven years of professional law enforcement management
experience and two (2) years of experience at or above the level of Police Captain.
Kno^rledge of:. City and VPD policies and procedures.
o Duties, powers, authorities, and limitations of a Municipal Police Chief.. City, county, state, and federal civil and criminal laws, regulations, codes, and ordinances.. Modern law enforcement management principles, and effective techniques for management of
personnel, budgets, communication and computer systems, records and evidence, and specialized
resources.. Strategy and tactics for management and deployment of law enforcement personnel and equipment in
tactical and emergency situations.. Principles and practices of modem crime suppression and prevention.. California criminal justice and court systems, and the principles of criminal justice records management.o Modern law enforcement methods and procedures, including case laws governing arrest, rules of
evidence, probable cause, use of force, custody of evidence and property, and search and seizure.. lnvestigative and intenogative procedures, and protocols for observation of critical details.. Local community issues and regional community resources available to citizens.. Budget preparation as well as understanding of grant and asset forfeiture pro@ss.
Skill in:. Assuming command level responsibilities and making appropriate decisions, while assuring compliance
with Department goals and objectives.. lnterpreting laws and regulations, making decisions, maintaining composure, and working effectively
under stressful conditions and emergency situations.. Managing and leading staff, and delegating tasks and authority.. Analyzing and resolving operational issues, using modern management and business principles.. Researching complex law enforcement issues, and preparing and presenting reports,. lnterpreting and explaining policies and procedures.. lnvestigating and resolving personnel issues, citizen inquiries, and officer complaints.. Prioritizing multiple tasks, projects, and demands; and directing the work of others.. Effeclively managing situations requiring diplomacy, fairness, firmness, and sound iudgment.o lnterpreting and applying criminal laws to information, evidence, and other data compiled.o The care, maintenance, and safe operation of a variety of firearms, impact weapons, chemical agents,
and other law enforcement tools and equipment.. Working as a team member with other law enforcement and multi-iurisdictional agencies.. Establishing and maintaining cooperative working relationships with co-workers, and representatives
from other state and regional law enforcement and criminal justice agencies.. Operating a personal computer utilizing a variety of standard and specialized software.. Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid Califomia State Drive/s License is required. Must maintain Peace Officer certification with the
California Commission on Peace Officer Standards and Training (POST); CA POST Advanced Certificate is
also required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment, and in the field to lead investigations and command
tactical situations. Must maintain a level of physical fitness to meet VPD standards.
Police Chief Vernon CA 2ol2
ATTACHMENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of$ pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, lam releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the City, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Prolection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code 51542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release- I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Daniel E. Calleros
I December 2015
Attachment 4
At-Will Employment Agreement with
Michael Wilson
AT-WILL EMPLOYMENT AGREEMENT (SAFETY)
BETWEEN THE CITY OF VERNON AND
MICHAEL A. WILSON
This Agreement is between the City of Vernon ("City") and Michael A. Wilson
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the position of Fire Chief.
Employee desires to be the Fire Chief and acknowledges that such employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vernon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 'l : TERM
The effective date of this Agreement shall be December '15, 201 5. Either party may
terminate this Agreemenl pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance nolice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Fire Chief to perform the functions and duties
specified in the job description for the position (Attachment "A", incorporated herein by this
reference), as the same may be modified by the City Administrator, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Admlnistrator
shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill lhe employment responsibllities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will nol disclose such confidential information
other than to officers and employees of the City who have been authorized to have access to
Oecember 2015
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment; he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less lhan $220,548, per year, payable in twenty-six (26)
biweekly installments at the same time as other employees of the City are paid and subject to
customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrator's evaluation of Employee's job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Rotiromont
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 3% at 50
benefit formula for "classic" sworn public safety employees or lhe 2.7o/o at 57 benefit formula for
"new" sworn public safety employees. The Employee pays for the employee contribution to
PERS.
B- Other Executive Management benefits
Employee shall receive all benefits specified by the then current Resolutions of the City
Council of Vernon for Execulive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
C. Other Public Safety Related Benefits
Employee shall receive all benefits and special pay specified by the then current
Resolutions of City Council pertaining to Fire Management Personnel and any benefits specified
specifically for the Fire Chief, including Medical and Dental lnsurance. Any such special pay is
in addition to the base salary amount, and examples of special pay include Education lncentive
2 December 20'15
Pay, Hazardous Materials Specialist Pay, Urban Search and Rescue Specialist Pay, Physical
FitnessAA/ellness Program.
D. Election of Benefits
The following benefits are provided for both Executive Management Staff and Fire
Management Staff in differing amounts: Medical and Dental lnsurance, Vacation and
Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has elected
to receive Medical and Dental lnsurance, as provided to Fire Management Personnel, has
elected to receive Vacation and Administrative Leave, as provided to Executive Management
Staff, and has elected to receive Sick Leave, as provided to Fire Management Personnel. lf
Employee retires from City employment during the term of this Agreement, he or she shall be
entitled to an election of post-retirement benefits (selecting between benefits then provided for
both Executive Management Staff and Fire Management Staff). Employee shall notify the City
of his or her election no later than thirty (30) days prior to Employee's retirement date.
As to any other benefits or special pay provided to both groups, Employee shall receive
one benefit or the other, and not both benefits, at his/her reasonable election, and as the City
Administrator may approve.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section, and subject to the provisions of the
Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.)
B. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in Paragraph
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Aftachment "8" to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordination, incapacity, dereliction of duty, violation of the City's
Alcohol and Drug-Free Workplace Policy lll-1 , mnviction of a crime involving moral
turpitude or involving personal gain to him/her or abuse of his office or position or
any felony or a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
3 December 2015
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otheruise unable to perform his/her duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retirement System ("PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY:City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Michael A. WilsonTO EMPLOYEE:
-4-December 2015
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreemenls between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney-
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insisi on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of lhat term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effectivo Dato
This Agreement shall take effect on December 15, 2015.
[Signatures Begin on Next Page].
5 December 20'15
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a Califomia charter City and
California municipal corporation
Dated:
Mark C. Whitworth, City Adminiskator
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
-6-December 2015
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and thal his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Michael A. Wilson
-7 -Decernber 2015
ATTACHMENT A
Job Description
-8-December 2015
JOB DESCRIPTION
Fire Chief
Date Prepared: March 20'14 Class Code: 5010
SUMMARY: Under limited supervision, serves as Vernon Fire Department (VFD) Fire Chief; assures VFD
operations are in compliance with state and federal laws and the public safety goals of the Clty; directs core
VFD progmms, including training, fire prevention, public education, emergency preparedness, administrative
functions, and special projects; promotes VFD and City goals and priorilies.
ESSENTIAL FUNCTIONS: - Essenl,a/ /uflclions, as defircd undet tl.r Arneticans with Disabilities Acl, may include any ot the lotbwing
reprcsenlalivo duties, kmwledge, aN skills. This is nol a comprehensive listiq ol allfunctions aN dulies Ndomed by incunbents ol lhis class:
employees nay be asslJned dulies which aro mt lisled below: reasonable &commodations will be mado as requied. Tho hb dasciption does
not consltute an employnont agreemenl and is subject lo chango at aly tine by lho onployet. Essenlial dulbs and respnsibililies nay inctude,
but arc nol linited to, lhe following:
. Manages the Vernon Fire Department (VFD) through effective planning, slaff management, and effective
fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing
and minimizing the loss of life and property in the City by establishing control over fires, medical
emergencies, and the consequences of natural and manmade disasters.o Develops and implements plans to meet City goals and directives; interprets concerns, defines desired
results, develops solutions, determines scope and priorities of progEms and projects, communicates
status of pro,ects and organizational issues, and assures the efficient delivery of high quality emergency
services.
. Directs all VFD operations, programs, staff, and projects, including kaining, public education, fire
prevention, emergency preparedness, and administrative and budget functions.. Monitors operations, prioritizes and assigns lasks and projecls, monitors staff !\,ork, and reviews and
evaluates outcomes and methods; meets with staff to discuss and resolve problems, policies, workload,
special projects, quality standards, and technical issues.o Plans and coordinates VFD activities and training; maintains department discipline, and assures
c,onsistency of training, management of emergencies, and adherence to policies, procedures, standards,
and guidelines; evaluates performance of VFD management team, and reviews and approves VFD
evaluations.
. Analfzes workload trends, and develops emergency preparedness plans and training.. Provides technical and management support to City Administrator on a variety of complex issues,
including planning, ordinances, policies, budget, goals, priorities, equipment, and purchasing; coordinates
community relations activities, and resolves sensitive and complex citizen inquiries and complaints.. Coordinates operations and training, evaluates team performance, identifies training needs, and
coordinates training with regional emergency services agencies; assures effective communication of VFD
directives and changes in protocols; assures goals are met and performance issues are addressed.. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, administrative support systems, intemal reporting relationships, and
inter-agency issues: identifies opportunities for improvement, and develops recommendations.. Assures the operational readiness of all fire equipment, vehicles, and personnel; reviews and approves
operational and investigative reports.. Supports the relationship between the Clty of Vemon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff; maintains conlidentiality of work-
related issues and City information: performs other duties as required or assigned.
Fire Chief 1 ol2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S degree with 24 units of Fire Science
AND seven years fire department management experience, including three years of experience at a rank of
Battalion Chief, preferably with the City of Vernon.
Knowledge of:. City organization, operations, policies, and procedures; and VFD MOUs, policies, and procedures.o Duties, powers, authorities, and limitations of a municipal Fire Chief.. State and federal regulations, practices, and procedures governing fire safety and emergency services.. Modern emergency services management principles for efficient and effective management of allocated
resources, including deployment strategies, reactive tactics, and coordination with outside agencies.. Techniques and practices for effective and efficient management of Department resources, including
personnel administration, labor law, purchasing, and budgeting.. Tactics for deployment of personnel and equipment al fire and emergency scenes.. Methods, practices and procedures for fire prevention, fire suppression, hazardous malerial responses,
emergency medical services, rescue operations, and fire investigations.. Procedures and equipment used in modern firefighting and emergency medical response.o National Fire Prolection Association (NFPA) and lntemational Fire Service Training Association (IFSTA)
training and safety standards.. City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains.
Skill in:. Assuming VFD command level responsibilities and making appropriate decisions.. Using initiative and independent judgment within established procedural guidelines, while assuring
compliance with VFD goals and objectives.. Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and
implementing recommendations in support of goals.. Effectively managing and leading staff, and delegating tasks and authority.o Assessing and prioritizing multiple tasks, projects and demands.. Assuming incident command responsibilities, making risk assessment decisions on deployment of staff,
and coordinating firefighting, rescue, and emergency medical services.. Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation
plans.
. Operating specialized c,omputer and communications equipment.. Establishing and maintaining cooperalive working relationships with co-workers and representatives
from other local, state and federal agencies.. Communicating effectively verbally and in writing.
LICENSE ANO CERTIFICATION REQUIREMENTS:
A valid California State Commercial or Class C Driver's License with Fire Firefighter Endorsement is required.
California State Certifications for Firefighter I & ll, Fire fficer and Chief Fire Officer, HazMat Specialist,
California State Certified in Urban Search and Rescue (US&R) and Emergency Medical Technician from
California Office of the State Fire Marshal are required. Additional technical training and certificalions are
prefened and may be required, including California lncident Command Certification System (CICCS).
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment, in fire department facilities, and in the Iield for
evaluation of emergency situations; may be exposed to the same work hazards as Fire Department
Captains. Must maintain a level of physical fitness to meet VFD standards_
Fire Chief Vernon CA 2of2
ATTACHMENT B
ACKNOWLEOGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of$ pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, I am releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the City, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, slemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code $1542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Michael A. Wilson
-9-December 2015
Attachment 5
At-Will Employment Agreement with
William Fox
AT.WILL EMPLOYMENT AGREEMENT (NON.SAFETY)
BETWEEN THE CITY OF VERNON AND
WILLIAM F. FOX
This Agreement is between the City of Vernon ('City') and William F. Fox ("Employee").
Rocitals
Ciiy desires to employ Employee as an at-will employee in the position of Director of
Finance. Employee desires to be the Director of Finance and acknowledges that such
employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vernon Charter
and City Council, agrees to hire Employee, as an atwill employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 1 :
The effective date of this Agreement shall be December 15, 2015. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Director of Finance to perform the functions and
duties specified in the job description for the position (Attachment "A", incorporated herein by
this reference), as the same may be modified by the City Administrator, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Administrator
shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscieniiously perform the dulies and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of lhis Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
other than lo officers and employees of the City who have been authorized to have access to
December 2015
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment, he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $210,000, per year, payable in twenty-six (26)
biweekly installments al the same time as other employees of the City are paid and subject to
customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrator's evaluation of Employee's job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes lhe 2.7o/o al55
benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for
"new" miscellaneous employees. The Employee pays for the employee contribution to PERS.
B. Other Executive Management benefits
Employee shall receive all benefits specified by the then currenl Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
Section 6: TERMINATION ANO SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section.
B. ln the event that Employee is terminaled by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in paragraph
)
December 2015
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment "B" to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is lerminated due to
retirement, insubordination, incapacity, dereliction of duty, violation of the City's
Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime involving moral
turpitude or involving personal gain to him/her or abuse of his office or position or
any felony or for a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of hisiher office or position.
lf Employee is provided funds for any legal criminal defense during hisiher employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminaled, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, inlury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limiied by its
obligation to engage in the interactive process for reasonable accommodations and lo provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
3
December 2015
limit or restrict Employee's benefits or rights under workers' compensation or the public
Employees Retirement System ("PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: William F. Fox
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreemenl. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
4
December 2015
F. Jurisdiction
Any action to interprel or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on December 1 5, 2015.
[Signatures Begin on Next Page].
5
Oecember 2015
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a Califomia charter City and
California municipal corporation
Mark C. Whitworth, City Administrator
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Aftorney
By:
6
December 2015
Dated:
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the city are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the city of Vernon which might otherwise apply to employees of the city. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
William F. Fox
'l
December 2015
Dated:
ATTACHMENT A
Job Description
E
December 2015
Date Prepared: March 2014
JOB DESCRIPTION
Director of Finance/City Treasurer
Class Codo: 1210
SUMMARY: Under limited supervision, performs complex management and technical duties as the Finance
Director and City Treasurer, with responsibility for maintaining fiscal stability and safeguarding the assets of
the City; provides financial advice to the City Administrator and City Council; managei assigned personnel,
and assures that financial activities are in compliance with state and federal regulationi, anO City poiicies.
ESSENTIAL FUNCTIONS: - Essential funclbns, as dofrrr;d undet lhe Anericans with Disabilities Acl, nay include any ot ID tollowitg
topresenlalive dutios, knowledge, and skills, f his is nol a comqehensive lMirg of all functions and dutbs pdomed by incunbents of this clai:
omployees nay be asstgned duties which arc Nt listed bobw: reasonabto *comnodalions will be mde as rcquircd. The isb dosciption does
not conslihle an enphynont ageenenl and k subject to change at any lime by the enployet. Essenlialdulies aN respnsihilities may includo,
bul arc not limited lo, the following
o Manages the Finance Department through effective planning and fiscal managemenl; provides leadership,
direction and guidance in financial strategies and priorities; evaluates and analyzes financial data, and
recommends and implements solutions; assures the financial activities and procedures are in compliance
with all laws, policies, regulations, and accounting standards.. Serves as principal financial advisor to the City Council and City Administratori provides leadership,
direclion, and guidance to achieve the City goals of fiscal well-being and integrity; interprets concems,
defines desired results, develops solutions, communicates status of financial issues, interprets and
explains policies and regulations, and assures the efficient delivery of high quality financial services.. Monitors Finance Department operations and intemal financial controls; assures the quality of the financial
activities, services, and work products; prepares and reviews statistical analyses to evaluate trends and
financial status; develops revenue and expenditure forecasts, and recommends budget adjustments.. Directs, leads, and motivates the Finance staff; plans, prioritizes, and assigns tasks and projects; monitors
work, develops skills, and evaluates performance; meets with team to discuss and resolve rrrorkload,
special projects, quality standards, customer services, and technical issues; reviews work, verifies the
accurary offinancial records, identifies conective actions, and assures required deadlines are met.o Analyzes financial information on City operations, evaluates departrn€nts' needs and goals, and
recommends financial resources; reviews and monitors status reports, and recommends appropriate
actions; prepares and presents financial forecasts and status reports to City Council.. fui4farat the Ci$rs fnanciC condlbn and develops plans to assure financial performance meets goals;
coordinates development of City budget: monitors budget, revenue, and expenditure trends.. Directs financial reporting, preparation of financial statements, and development of the Comprehensive
Annud Finarcid Report (CAFR); over3G€3 th€ Ciy! banking, ca{*r ard &U ,nnre€rndrl, UonO ding,
and investment activities; interprets laws, rules, regulations, and guidelines for financiil procedures.. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, technical support systems, internal reporting relationships, and inter-
agency issues; identifies opportunities for improvement, and develops re@mmendations.. Coordinates and resolves financial and technical issues with elected officials and outside agencies.. Supports the relationship between the City of Vemon and the general public by demonstrating @urteous
and moperative behavior when interacting with visitors and City staff; maintalns confidentiali-ty of work-
related issues and City information; performs other duties as required or assigned.
Direclor of Financey'Cily Treasurer Vernon CA 1ot2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelo/s Degree in Accounting, Finance, or Business Administration; AND seven years of experience
managing public sector financial operations. Master's Degree in Finance or Business Administration is
desirable.
Knowledge of:. City organization, operations, policies, and procedures.. Government Accounting Standards Board (GASB), Financial Accounting Standards Board (FASB), and
Government Finance Officers Association (GFOA) standards, recommended practices and policies,
rules and regulatory reporting requirements.. Generally Accepted Accounting Principles for Public Sector financial managemenl, including payroll,
treasury, grant funds, and public debt management.. Federal and state laws and statutes governing municipal operations, public records, and open meetings.. Legal, ethical, and professional rules of conduct for municipal flnance officers.o Principles and practices of administrative management, including personnel rules, procurement, contract
management, risk management, and employee supervision.o Record keeping and file maintenance principles and procedures.. General ledger and account reconciliation standards.
Skill in:. Analyzing problems, defining complex issues, identifying alternative solutions, projecting consequences
of proposed actions, and implementing recommendations to support goals and build the organization.. Effectively managing and leading staff, and delegating tasks and authority.o Assessing and prioritizing multiple tasks, projects and demands.. Reading, interpreting, understanding and applying accounting standards and procedures, applicable
federal and state rules and regulations, and City policies and procedures.. Analyzing City needs and prioritizing and promoting financial strategies to meet future needs.. Monitoring and interpreting financial documents, and assuring compliance with all regulatory
requirements governing municipal fi nancial activities.. Analyzing financial issues, evaluating altematives, and developing recommendations and strategies.. Using initiative and independent judgment within established procedural guidelines.o Reviewing interrelated financial and technical records, and identifying and reconciling errors.. Operating a personal computer utilizing standard and specialized sofhr/are.. Establishing and maintaining cooperative working relationships with co-workers.. Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required. Certified Public Accountant (CPA) or Certified
Govemment Finance Officer (CGFO) designation is prefened.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment.
Directo. of Fananc€y'City Treasurer 2ot2
ATTACHMENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of
pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepling such severance pay, I am releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the city, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code gl 542, which provides:
A general release does not exlent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
William F. Fox
9
December 2015
Attachment 6
At-Will Employment Agreement with
Carlos Fandino
AT.WILL EMPLOYMENT AGREEMENT (NON-SAFETY)
BETWEEN THE CITY OF VERNON AND
CARLOS FANDINO
This Agreement is between the City of Vernon ("City") and Carlos Fandino
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the position of Director of
Gas and Electric. Employee desires to be the Director of Gas and Electric and acknowledges
that such employment is at-will.
The City Administrator, pursuant to the aulhority granted by the City of Vernon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identified below-
AGREEMENT
Section 1 : TERM
The effective date of this Agreement shall be Decembet 15,2015. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Director of Gas and Electric to perform the
funclions and duties specilied in the job description for the position (Attachment "A",
incorporated herein by this reference), as the same may be modified by the City Administrator,
from time to time, and to perform such other legally permissible and proper duties and functions
as the City Administrator shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the Stale of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
Oecember 2015
other than to officers and employees of the city who have been authorized to have access to
such information. Employee further agrees that if heishe has a question as to the confidentiality
of information obtained in the course of hisiher employment, he/she will contact the city
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior wrilten consent of lhe City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or indivlduals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $266, 160, pet yeat, payable in hl,enty-six (26)
biweekly installments at the same time as other employees of the City are paid and subject to
customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrator's evaluation of Employee's.job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retiroment
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retiremenl plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 2.7o/o al SS
benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for
"new" miscellaneous employees. The Employee pays for the employee contribulion to pERS.
B. Other Exocutive Management benefits
Employee shall receive all benefits specified by the then current Resolutions of the City
Council of Vernon for Executive Management Slaff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with lhe Personnel and Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section.
)
December 2015
B. ln the event that Employee is terminated by the City Adminislrator for reasons other
than physical or menlal incapacity, and other than those reasons noted in paragraph
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of hisiher obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Aftachment "8" to this Agreement_
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordination, incapacity, dereliction of duty, violation of the City,s
Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime involving moral
turpitude or involving personal galn to him/her or abuse of his office or position or
any felony or for a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time,
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effeclive date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entifled to payment for
earned, but unused, vacation time, but nol to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform hisiher duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, city shall have the option to terminate this
Agreement; however, the city's option to terminate under this section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and lo provide
3
Oecember 2015
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the public
Employees Retirement System ("PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY:City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Carlos FandinoTO EMPLOYEE:
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications underslanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
4
December 2015
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state crurt in Los Angeles county, california. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on December 15, 2015.
[Signatures Begin on Next Page].
5
Decernber 2015
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a Califomia charter City and
California municipal corporation
By:
Mark C. Whitworth, City Administrator
ATTEST:
Maria E- Ayala, City Clerk
Approved as lo form:
Hema Patel, City Attorney
6
Decembe.2015
Dated:
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the city aie governed by
the terms and conditions of this Agreement rather than the ordinances, resoluiions,Lnd policies
of the city of Vernon which might othenvise apply to employees of the city. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Carlos Fandino
7
December 2015
ATTACHUENT A
Job Description
8
December 2015
JOB DESCRIPTION
Director of Gas and Electric
Date Prepared: March 2014 Class Code:
SUMMARY: Under adninbHiw diodbn, provida loadcrship and dkeclion orcr tha diyities of the City's
Gas and Electric Department.
ESSE NTIAL FU NCTIONS: - Esse nlial tunctbns, as defined undet tl.m Aneicans wilh Disabilities Act, nay include any of lhe tolbwing
rcYesontative duties, hnwledge, and skills. This is not a camprchonsiw listit]{ ol all lunctions and dulies poiunod by,hcumberls of fr,is class;
enpby€es may be assilned duties which aro nol listed beiow; roasonable econnqdalions willbe nde as roquied. The hh desciptbn does
not constilule an enpbynent agreonenl aN is sublect to change at any line by the employer. Essential dtlies aN rcsponsibilities may include,
bul arc nol linitod to, lhe following:
o Plans, directs, and coordinates through srbordhato Sd the Depadm€nt's nork pbn; assigns prciects
and program areas of responsibility; reviews and evaluates work methods and procedures: meets with key
staff to identify and resolve problems.
. Determines the overall Departmental organizational structure, mission, core services and allocation of
financial, human, and capital resources; develops and administers annual capital and operating budgets.. Seryes as a technical advisor lo the City Administrator and the City Council regarding the City's gas and
electric utilities.
o Plans, organizes, directs and reviews all electrical and gas utility operations.
o Develops and manages short- and long{erm Department goals, objec{ives, policies, and procedures.
. Supervises subordinate staff: sets !vo* priorities; creates work schedules; provides training: conducts
performance evaluations; rewards and/or disciplines employees.
o Develops and administers annual operating and capital budgets; monitors budget, revenue, and
expenditure trends; measures and evaluates organizational effectiveness.
o Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the
design, construction, and maintenance of electric and gas utility systems.
o Develops overall policies, financial resources, and facility plans for electric and gas utilities in coniunction
with key staff and consultants.
r Conducts resource planning with other agencies and businesses requiring negotiations involving complex
terms and conditions for integrated power resources and for participation in .ioint ownership of
transmission and generation facilities.
e Directs the preparation of technical and administrative reports; presents reports and recommendations to
the Cig Administrator, City Council, Boards and Commissions.
. Coordinates with consultants and other agencies on regulatory and legislative matlers affecting power
resources and gas operations.
. Monitors and evaluates the efficienry and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, technical support systems, internal reporting relationships, and inter-
agency issues: identifies opportunities for improvement, and develops recommendations.. Supports the relatlonship beh/t/een the City of Vemon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work-
related issues and City information; performs other duties as required or assigned.
Director of Gas and Electric Vemon CA 1 ol2
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of
utility operations experience, including five years of supervisory or management experience.
Knowledge of:. Applicable regulatory codes and laws regarding the development, construction and operation of gas and
electric utilities-. City organization, operations, policies, and procedures.. Customer seryice standards and protocols.. General Orders (CPUC) rules for construction and maintenance of overhead and underground electric
supply and communications systems.. Methods, materials, techniques and equipment used in construction, operations, inspection, design and
maintenance of gas and electric utilities.. Occupational hazards and standard safety procedures.. Principles and practices for operating public electric, water, and gas utilities.. Principles and practices of administrative management.r Principles and practices of contract administration and project management.o Principles and practices of effective employee supervision.. Principles and practices of public finance.. Principles and practices of regulatory management.o Principles and practices of strategic planning.. Principles and practices of water resource management.
Skill in:. Building effective teams and providing efficient cuslomer services.. Communicating effectively verbally and in writing.. Dealing tactfully and courteously with the public.. Defining problems, establishing facts, and drawing valid conclusions.. Directing the work of subordinate staff.. Establishing and maintaining cooperative working relationships with City Administrator, City Council,
managers, supervisors, staff, contractors, suppliers, developers, businesses, extemal public agencies
and the general public.. Formulating and presenting policy recommendations.o lnterpreting and applying City, state and federal policies, laws and regulations.o lnvestigating, analyzing and resolving complex and sensitive issues and complaints.. Making appropriate decisions while ensuring compliance with City goals and objectives.. Managing situations requiring diplomacy, fairness, firmness and sound judgment.. Operating a personal computer and various software applications.. Understanding and negotiating complex technical agreements with other agencies.. Using initiative and independent judgment within established procedural guidelines.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required.
A valid State of California Grade ll Water Distribution License is required.
Additional training/certification may be required.
PHYSICAL DEMANDS ANO WORKING ENVIRONMENT:
Work is performed in a standard office environment; may involve occasional exposure to high voltage
switches and inclement weather.
Direclor of Gas and Eleclric Vernon CA 2 ol2
ATTACHMENT B
ACKNOWLEOGEMENT AND RELEASE
This is to confirm that on this date I have received severance pay in the amount of
pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, lam releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the City, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code 91542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Carlos Fandino
Dated:
9
December 2015
Attachmett 7
At-Will Employment Agreement with
Leonard Grossberg
AT.WILL EMPLOYMENT AGREEMENT (NON.SAFEW)
BETWEEN THE CITY OF VERNON AND
LEONARD GROSSBERG
This Agreement is between the City of Vernon ("City") and Leonard Grossberg
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the position of Director of
Health and Environmental Control Employee desires to be the Director of Health and
Environmental Control and acknowledges that such employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vemon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identified below.
AGREEMENT
Section 1 :
The effective date of this Agreement shall be December 15, 2015. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Director of Health and Environmental Control to
perform the functions and dulies specified in the job description for the position (Attachment "A",
incorporated herein by this reference), as the same may be modified by the City Administrator,
from time to time, and to perform such other legally permissible and proper duties and functions
as the City Administrator shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that heishe will not disclose such confidential information
December 2015
other than to officers and employees of the City who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of his/her employment, he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to City business
during the term of this Agreement. Consequenlly, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of lhe City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $208,536, per year, payable in twenty-six (26)
biweekly installments at the same time as other employees of the City are paid and subject to
customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrator's evaluation of Employee's job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55
benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for
"new" miscellaneous employees. The Employee pays for the employee contribution to PERS.
B. Other Executive Management benefits
Employee shall receive all benefits specified by the then current Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section.
7
December 2015
B. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in paragraph
E, below, the City agrees to pay the employee a severance package equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign
acknowledgment and release of claims against the City. Such acknowledgement
and release appears as Attachment "8" to this Agreement.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the acknowledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to
retirement, insubordinalion, incapacity, dereliction of duty, violation of the City's
Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime involving moral
turpitude or involving personal gain to him/her or abuse of his office or position or
any felony or for a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation lime.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, injury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
3
December 2015
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retirement System ("PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, bul unused,
vacation leave.
Section 1O: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with poslage prepaid. Such notice
shall be addressed as follows:
TO CITY: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: Leonard Grossberg
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreemenl between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
4
December 2015
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on December 15, 2015.
[Signatures Begin on Next Page].
5
December 2015
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a California charter City and
California municipal corporation
Dated:
Mark C. Whitworth, City Administrator
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
By:
6
December 2015
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otheruvise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Leonard Grossberg
7
December 20'15
ATTACHMENT A
Job Description
8
December 2015
JOB DESCRIPTION
Director of Health and
DatePrepared: March2014
Environmental Control
Class Code: 20'10
SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible
for the development, research, administration and execution of a complex and comprehensive public
and environmental health program. Program areas include food sabty; solid waste management;
sustainability program coordination; rodent and vector conlrol; water and sewage surveillance; cross
connection control; hazardous materials and underground storage tank monitoring; above ground
storage tanks; storm water; CaIARP; garment manufacturing; site mitigation; land usei emergency
response; housing and institutions; occupational healthi industrial hygiene; communicable disease
prevention; rabies and animal control in the City of Vernon.
ESSENTIAL FUNCTIONS: - gssential tunct:nns, as delined u et lhe Aneicans with Disabililios Act, nay inctude any ol tho lollowing
roprosonlative dulies, knowledge, and skills. This is nol a comprohonsivo lisling of allfunclions d duties Niomed by incunbents ol lhis class;
empbyees nay be assigned dulios which are not lisled below: rcasonable ,connodatons will bo mdo as rcquired, The bb dosctiplion does
nol canslilule an employnenl agrconenl and k subjed to change al any lime by lhe enployel Essenlial dulies and rcsponsibililies nay includo,
bLl aro not linited to, tll€ following:
. Manages the Health Department through effective planning and fiscal management; provides leadership,
direction and guidance in health and environmental strategies and priorities; evaluates and analyzes
issues, and recommends and implements solutions; monitors and assures public and environmental
activities and procedures are in compliance with all laws, policies, and regulations.
. Conducts analyses and evaluations of environmental and public health programs in terms of present
and future needs of the community.
r Acts as lhe Health Officer in conformance with State and local laws.
. Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and
technical issues; assures that appropriate services are provided.
o Provides leadership and direction for all health and environmental control programs and activities.
. Coordinale programs with other City of Vernon departments and with regional, State and Federal
agencies.
. Responds to environmental health complaints, crordinates environmental risk assessments, and directs
the resolution of environmental health issues.
. Responds to emergency incidents involving hazardous materials and dis€ase vectors; coordinates inter-
agency investigations of environmental heafth hazards and emergencies.
o Monitors changes in proposed legislation and makes recommendations affecting public and environmental
health matters.
. Represents the City of Vemon and acts as Commission Director of the Sustainability Development
and Energy Efficiency Commission.. Keeps abreast of current principles and practices of environmental health including regional public health
protocols, environmental protection issues, and regulatory enforcement standards.. Supports the relationship between the City of Vemon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work-
related issues and City information; performs other duties as required or assigned-
Director of Health and Environmenial Conlrol Vernon CA 1ot2
MINIMUM QUALIFIGATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science
field; AND five years of experience al an upper management level involving program planning, training and
supervision of field activities in a California public health/environmental regulatory agency.
Master's Degree in Public Health, Public Administration, or a related field is desirable.
Knolledge of:. Ci9 policies and procedures.
. Federal and state laws, codes, rules, and regulations related to public./environmental health.
. Techniques and practices for efficienl and cost effective management of resources.
. Regional public health protocols, environmental protection issues, and regulatory enforcement
standards.. Techniques of investigating and resolving complex environmental health problems and conditions.
. Physical and biological science standards and guidelines used in environmental quality crntrols.
. Environmental research and statistical evaluation principles and methods.
. Techniques of investigating, inspecting, and resolving public health issues.
. Customer service and public relations methods and practices.
. Record keeping and file maintenance principles and procedures.
Skill in:. lnterpreting and applying state and federal statutes, codes, rules, and regulations.
. Managing staff, delegating tasks and authority, and coaching to improve staff performance
. Working effectively with others to develop solutions for public/environmental health problems.
. Applying environmental health and safety principles and practices in a regulatory environment.
. lnspecting, testing, and analyzing complex multidisciplinary environmental health issues.
. lnterpreting technical instructions and analyzing complex variables.
o Following and applying scientific principles and procedures for public/environmental health
investigations.. Collecting and analyzing data, and making appropriate recommendations.
. Assessing and prioritizing multiple tasks, projects, and demands.
. Using initiative and independent judgment within established procedural guidelines.
. Operating a personal computer utilizing standard and specialized software.
r Establishing and maintaining cooperative working relationships with co-workers.
. Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid Califomia State Driver's License is required. Certificate of registration as an Environmental Health
Specialist from the Califomia State Department of Health, and additional specific technical certifications are
prefened and may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment, and in internal and external environments throughout
the City, with possibility of exposure to hazardous materials.
Director of Environmenlal Control Vernon CA 2of2
ATTACHMENT B
ACKNOWLEDGEMENT ANO RELEASE
This is to confirm that on this date I have received severance pay in the amount of
$_ pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, lam releasing the City, its employees, officers and
agents, from any and all claims of any kind or nature I had or may have had against the City
arising from my employment with the City, including but without limitation, age discrimination
claims under the Age Discrimination in Employment Act and the Older Workers Benefit
Protection Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, its employees, officers and agents, stemming
from my employment relationship, including the severance thereof, to the fullest extent
permissible under the law.
I further acknowledge that this waiver extends to all claims, known and unknown, relative
to my employment with and cessation of my employment with the City. I specifically waive the
application of Civil Code $1542, which provides:
A general release does not extent to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him/her must have
materially affecled his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknowledgement
and Release, and I had a reasonable period of time within which to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Leonard Grossberg
9
December 2015
RECEIVED
DEC 10 201s
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
R-E:
December 15,2015
Honorable Mayor and City Council
Proposed One-Year Professional Services
Kamp of Mayer Brown LLP to Serve as
Vernon
Agreement with John Van de
Special Advisor to the City of
Recommendation
A. Find that approval of the agreement proposed in this staff report is exempt from the
Califomia Environmental Quality Act ('CEQA"), in accordance with CEQA Guidelines
$ 15061(bX3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and
B. Approve, in concept, a proposed Professional Services Agreement with John Van de
Kamp of Mayer Brown LLP to serve as Special Advisor to the City of Vemon tbr a
period ofone year, effective February 15,2016.
C. Provide direction and authorization to the City Administrator to negotiate the specific
scope and terms of the proposed agreement with Mr. Van de Kamp, and present a final
recommendation regarding such an agreement to City Council prior to February 15,2016.
Backsround
John Van de Kamp was originally engaged by the City in February 201l, at the outset of the
good govemance reforms, to serve as Independent Ethics Advisor to the City of Vemon for an
initial term of one year. The scope of that engagement included: (1) assessments of and
recommendations regarding ongoing compliance with the Political Reform Act, Govemment
Code Section 1090, Brown Act, Public Records Act, and any other provisions of law goveming
conflicts of interest and/or transparency in government; and (2) recommendations to the City
reasonably designed to improve and enhance the existing practices, procedures, and policies
governing conflicts of interest and open government of the City, its departments, divisions, and
governing bodies. The initial agreement also required Mr. Van de Kamp to issue an initial report
of his findings and recommendations in July 201I, and a follow-up report in January 2012, with
Page I of3
time in between for the City Administrator and City Council to review and implement, or
otherwise respond to, all initial findings and recommendations.
As many of the earliest good govemance reforms took shape, a need for a tbur-year Independent
Reform Monitor to observe and continue reporting on and making recommendations related to
the reform process was identified, and ultimately determined and uphetd by a landslide vote of
the City's electorate in November 201 l. As a result, the City entered into a new engagement
with Mr. Van de Kamp to serve as the City's Independent Reform Monitor for a period of four
years commencing February 15,2012. The scope of the four-year contract mirrored that of the
initial one-year contract, with the additional responsibility of reviewing and making further
recommendations related to recommendations previously submitted as the Independent Ethics
Advisor in July 201l, and to those submitted by Senator Kevin de Leon in August 201 l.
Mr. Van de Kamp was selected, initially and subsequently, by virtue of his unassailable
reputation for ethics and good govemance practices derived from his notable work as a lawyer
and his noted political career as Califomia Attorney General and Los Angeles County District
Attorney. Mr. Van de Kamp's prot-essional attributes and unquestioned integrity were highly
valued by the City and solidly endorsed by powerful political figures sharply scrutinizing the
City.
Proposed New One-Year Aqreement
With the upcoming expiration of Mr. Van de Kamp's current contract as the City's Independent
Reform Monitor, there has been much discussion about what the appropriate next steps may be.
At the December l, 2015 City Council meeting, one of the council members requested that City
Administration present its recommendation relating to the expiration of Mr. Van de Kamp's
current contract at the December I 5, 201 5 meeting.
After caretul consideration of the factors described below, I recommend the City engage Mr.
Van de Kamp as Special Advisor to the City tbr a period of one year, commencing February 15,
2016. Should the Council concur with this recommendation, I will also seek direction and
authorization to negotiate the specific scope and terms of the proposed agreement with Mr. Van
de Kamp, and present a t'inal recommendation regarding such an agreement to City Council prior
to February 15, 2016.
Mr. Van de Kamp has served an integral role in the City's good governance reform process, both
as the Independent Ethics Advisor and as the Independent Reform Monitor. Mr. Van de Kamp's
biannual reports, issued each January and July, served to both inform and reassure all interested
parties, including but not limited to members of the State Legislature, members of Vemon's
business and residential communities, elected officials and members of Vemon's neighboring
communities, and Vemon City stafT and consultants, of the City's progress on and unyielding
commitment to over 150 good govemance refbrm measures over the course of the last tive years.
The very long and comprehensive refbrm process culminated earlier this year with the
completion of the most vital reform measure recommended - the grand opening of Vemon
Village Park, a privately-owned, 45-unit, LEED Silver apartment complex tbr low-income
residents which effectively doubled the City's population. As I mentioned during the
December 1,2015 City Council meeting, the City (in the largest and most inclusive sense) has
Page 2 of 3
much to be immensely proud of in the way of its accomplishments and transformation, including
but in no way limited to, new boards and commissions that expand and heighten stakeholder
engagement, new purchasing and contracting policies that foster open competition to responsibly
achieve lower costs for goods and services, a new merit-based personnel system that features up-
to-date employment policies and practices, a balanced budget each fiscal year and a recent bond
restructuring that smoothed existing long-term debt to provide greater electric rate stability and
predictability, and the establishment of the Vemon CommUNITY Fund, which provides grants
to worthy non-profits in the ''Vemon Area" through an appointed seven-member Grant
Committee.
It seems the independent reform monitor process has served its purpose thoroughly and
effectively, and very well to boot, much to the credit of Mr. Van de Kamp and the Vemon City
Council. With all of the reforms completed or well established, the City and all its stakeholders
now have a very solid foundation upon which to continue to grow and thrive, and from which the
City can effectively and responsibly address new and ongoing challenges and issues that all cities
face, like how to continue to fund retirement obligations and OPEB liabilities, and the careful
selection of highly qualified successors to key positions, including City Administrator. If the
Independent Reform Monitor role continues under its current construct, it may inaccurately
message to onlookers near and far, that the City's reform process is unfinished and in need of
continued direct oversight. Further, it may create a misperception that the City Council is not
able to effectively govem itselfand the City.
In order to allow my successor to begin his or her term with the knowledge that the reform
process I initiated has been successfully completed, I recommend the Independent Relbrm
Monitor process draw to a close on or around February 14, 2015, as scheduled. I and the rest of
the City staffwill continue to work diligently to fully close out the reform process.
For the sake of continuity and to help ensure that Vernon continues to forge ahead and build
upon the solid foundation it has created through the reforms, I believe the City would be well
served to have Mr. Van de Kamp onboard for another year in the capacity of Special Advisor to
the City to assist with the "leadership transition planning process" outlined in another staff report
on the December 15, 2015 City Council agenda, and other transitional or general matters that
may come up as the City continues to stand more and more firmly on its own two feet.
Fiscal Impact
Any tiscal impact associated with the contract proposed in this statT report will be determined
once specific terms are identified and presented.
Attachment(s)
None.
Page 3 of 3
REcEF\'7=E
2 015
crly cLERrr's u RN.N :IlXT"yrJ.orlIRrMENr
DEC()s
RECEIVED
DEC 0 7 20t5
CITY ADMINISTRATION
*
DATE:
TO:
FROM:
RE:
December f5, 2015
Honorable Mayor and City Council
Recommendation
A. Find that the Distributed Generation Impact Study findings and staff recommendations
referenced in this staff report are exempt under the Califomia Environmental Quality Act
(CEQA) in accordance with Section 15061(bX3), the general rule thar CEQA only
applies to projects that may have an effect on the environrnent; and
B. Accept the Distributed Generation Impact Study findings as detailed by Power Engineers,
Inc.
C. Receive and file this report and its attachments for informational purposes only. There is
no action required by City Council at this time.
Backsround
The City of Vemon's electric utility customer base have inquired about investing in altemative
energy source by constructing distributed generating facilities to offset electricity provided by
the Ciry and to create electricity onsite in a more sustainable manner.
The City's existing zoning code permits generating facilities, power plants, ald cogeneration
facilities to be built subject to a City issued Conditional Use Permit. The City Council approved
a moratorium on new generating facilities to allow the city to evaluate the potential impacts of
these generation facilities. The City staff properly publicized the Request for Proposal (RFP) for
Distributed Generation (DG) Impact Study, as stated in Vemon Municipal Code section 2.17.14
requirements. The City selected Power Engineers, Inc. (PEI) to conduct the study, based on
demonstrated competence and responsiveness to the RFP.
w4>,
12i'r€ fK'
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Ali Nour, Utilities Engineering Manager
City Council Update - Distributed Generation Impact Study Final Report
with Staff Recommendations
Page 1 of 5
Power Engineers, Inc. conducted a comprehensive impact analysis which consisted of:
l. Electric Distribution System lmpacts Analysis
2. Environmental Impact Analysis
3. Safety Assessment
4. Financial lmpact Analysis
1. Electric Distribution System lmpacts Analysis - Analysis started from review of data
from 10 distribution circuits and interpolated to the complete distribution system. Five
different electrical studies (reverse power, overload, voltage limit, voltage flicker and
short-circuit) were performed on each circuit under a number of various scenarios
including both rotating machine and non-rotatingiinverted based generation. It is apparent
from the analysis that although DG's could have impacts on the Vemon distribution
system, the amount of DG the physical system can absorb is very high and will not be a
limiting factor in the policy on how much DG can be permitted within Vemon. Based on
the analysis, it can range from 140 megawatts (MW) to a full peak load of 190 MW (if it
is physically practical to connect DGs with the distribution circuits), depending upon the
types of DGs and at what point the power can start flowing into Southem Califomia
Edison (SCE) system at the point of interconnection.
2. Environmental Impact Analysis - The Comprehensive Zoning Ordinance of the City of
Vemon $2634.1-3(b) and General Plan (Section 2.2) cunently requires a Conditional Use
Permit (CUP) for generating facilities, power plants and cogeneration facilities. The CUP
process requires a comprehensive review under the Califomia Environmental Quality Act
(CEQA) and allows Vemon to include project-specific conditions. Vemon is considering
streamlining the process of allowing DG facilities in Vemon, provided that this
streamlining does not result in adverse environmental impacts. The environmental
analysis focused on potential environmental impacts from exempting DG facilities from
the CUP requirements, allowing these facilities to be constructed and operated without
environmental review and without project-specifrc conditions. The analysis indicates that
combustion engines (including micro turbines) could have the potential to result in
cumulative air quality impacts. Additionally, biomass and the carpet-waste buming
facilities could also have impacts related to odor and noise. The CUP requirements
should be maintained for these facilities.
Exempting solar PV systems from the CUP requirements would result in less than
significant environmental impacts. Though fuel cells would also likely have less than
significant environmental impacts, this technology is evolving. Retaining the CUP
requirement for this type of DG is prudent to allow Vemon to get more information about
the specific project, perform its due diligence, and include project-specific conditions if
deemed necessary. Vemon could revisit this requirement when the design and operations
of fuel cells become more standardized. Meteorological conditions (low wind speeds) in
Vemon are such that there is no potential for practical wind power generation. Exemption
Page 2 of5
3.
will streamline the process for solar PVs and is consistent with other neighboring utilities.
The CUP requirement should be maintained for all other types of DGs including micro
turbines, fuel cells, conventional combustion gas turbines, biomass and potential carpet
waste buming plants.
Safety Assessment The safety assessment was divided into two subareas: Electrical
safety hazard analysis and hazardous materials assessment. Electrical safety hazard
analysis builds upon the distribution system impact study and concludes that DGs pose a
potential electrical safety hazard due to back feed into distribution system for line
workers and the public in general. But these potential safety hazards are manageable with
reasonable efforts such as: Adopting prudent operating and maintenance procedures, e.g.,
requirements for DGs to comply with industry standards Institute of Electrical and
Electronic Engineers, Inc. (IEEE) 1547 afi UA 1741 and monitoring of DGs. Three
areas of concem identified were: Islanding, grounding and protective relaying.
Management approaches for areas of concern aim to reduce the impacts to less than
significant. Approaches to monitoring DG, as well as suggestions for Vemon's
interconnection agreement and guidelines, are also included.
The Environmental Checklist Form from the CEQA Statues and Guidelines criteria was
used to determine short-term impacts. Non-solar DGs could have shon- and long-term
impacts, but compliance of all applicable federal, state and local regulation by DG
owners and monitoring by highly trained Vemon safety staffwill reduce those impacts to
no different than what currently exists in day-to-day operations.
Financial Impact Analysis - It is evident that although DGs have impacts on all areas,
financial impacts are going to outweigh other areas and will be a limiting factor of how
much and what optimal level of DGs can be permitted without significant impacts on rate
payers. Compliance with the current net metering law and AB 327 requires Vemon to
permit up to 50% of customer peak loads (the sum of non-coincident peak load of each
class of customers) for renewable distributed generation. Using 2014 system data for
peak loads, the 5% limit is 9,924 kilowatts (kW) and will vary each subsequent year
based on customer class peak demands. At full subscription, the 5%o requirement is
estimated to result in annual operating revenue loss ranging from $3,125,852 to
$6,474,580, depending upon the mix of solar PV and conventional fossil fuel DG, if
allowed. These operating revenue losses equate to a rate increase from l.4Yo to 3.0% for
non-DG customers to ensure Vemon remains financially stable recovering all costs.
Currently, 2,000 kW of solar PV installations are operational which results in an
estimated operating revenue loss of $484,000 per year. This level of operating losses
equates to a rate increase of 0.3%:o for other non-DG customers to fully recover the costs
to operate the electric system.
4.
Page 3 of 5
In conclusion, the results ofthe Distributed Generation Impact Study indicated that:
o The existing distribution system can generally support DG up to a full peak load 190
MW, but no DG can be connected to any of Leonis 7 kilovolt (kV) distribution circuits
until the feeder circuit breaker is replaced with higher intemrpting current rating.
e As required by net metering law and AB 327, allowing DG up to 5% of peak loads (non-
coincident peak load of each class of customers); 9,924 kW based on the 2014 peak load
results estimated operating revenue loss ranging from $3,125,852 to $6,474,580
depending upon the mix of DGs permitted.
o Restructuring of current electric rates is required to recover fixed costs via the increased
demand charge and to gradually realign the rates overtime with the Cost of Service study
as much as possible.
. Solar PV projects up to 1.0 MW can be exempted from the CUP requirements without
significant environmental impacts. The CUP requirement should be maintained for the
other types of DGs evaluated in the study and solar PV projects above 1.0 MW.
o Existing regulations will provide adequate safety protection related to hazardous
materials that may be associated with solar PV, fuel cells and fossil-fuel DG projects.
Electric safety hazards are manageable by adopting prudent operating and maintenance
procedures, interconnections agreement requirements, and guidelines and requirements of
compliance of DGs with industry standards such as IEEE Std. 1547 and UA 1741.
STUDY RECOMMENDATIONS
o Adopt and comoly with current net meterins law and AB 327 requirements to define the
maximum and qpes of DGs. Currently, the limit is 5o% of customer peak loads and
translates into 9,924 kW of renewable DGs. All other non-renewable and conventional
fossil fuel, including natural gas fired micro turbines, are not included in this limit and
should be evaluated on a case-by-case basis requiring a complete Environmental Impact
Report, including the financial impacts on Vemon.
o Permit solar PV DGs up to 1.0 MW without CUP process and continue CUP process for
all other types of DGs both renewable and non-renewable. Modify and update CUP
language regarding diesel engines strictly used as a back-up and stand by generators, to
clarify that those are exempt from the CUP.
. Reolace all 7 kV circuit breakers at the Leonis substation with higher intem.rpting current
rating as soon as practical and before any DG is connected to 7 kV circuits.
a
integrity of Vemon including:
a. Improving the amounts of cash reserves (e.g., days of cash on hand).
b. Gradually realign the rates ovenime with the Cost of Service as much as possible.
c. Adopt the restructured rates to recover additional fixed costs via the increased
demand charges and introduce a facilities charge (i.e., distribution demand) in
addition to current power supply demand charge.
Page 4 of 5
STAFF RECOMMENDATION
Ultimately the utility will have to recommend the maximum amount of DG that will be permitted
in the City. The Solar rights act has made it clear that cities should not inhibit the use of solar
power generation. As such, the Power Engineers, Inc. study concluded that Solar PV DGs up to
1.0 MW should be permitted without the need for a conditional Use Permit.
VG&E staff concurs with Public Works, Water and Development Services Departrnent to make
amendments to the Vemon Zoning ordinance Section 26.2.4, Section 26.4.1-7 (b)(4), and to
clearly show that DG facilities, with the exception of solar photovoltaic up to 1.0 MW and
emergency generators, require a Conditional Use Permit; to add a definition for Distributed
Generation; and that language be added to the code to require a Conditional Use Permit for
Distributed Generation.
Staff will seek Council approval of rules, procedures, and tariffs to implement the
recommendations early in 2016.
Fiscal Impact
It is estimated that the implementation of DGs of up to 5% within the City will result in an
operating revenue loss ranging from $3,125,852 to 56,474,580 depending upon the mix of DGs
permitted. However, staff will assess the level of maximum distributed generation to be
permitted and the corresponding fiscal impact at the time the rules. procedures and tariffs are
considered for adoption. Restructuring of current electric rates would be required to recover
fixed costs via the increased demand charge and to gradually realign the rates overtime with the
Cost of Service study.
Attachment(s)
1. Power Engineers, Inc. Distributed Generation Impact Study2. Power Engineers, Inc. Executive Summary
Page 5 of 5
The “Power Engineers Distributed Generation Impact Study” referenced in this staff report is
available for public inspection at the City Clerk counter located at City Hall, 4305 Santa Fe
Avenue, Vernon, CA 90058. If you have any questions or concerns, please contact the Office of
the City Clerk at cityclerk@ci.vernon.ca.us or at (323) 583-8811 extension 546.
POWER ENGINEERS, INC.
Distributed Generation Impact Study
ANA 092-062 (SR 02) COV 135853 (05/08/2015) YU PAGE 1
EXECUTIVE SUMMARY
The City of Vernon (Vernon) has been receiving more frequent requests from its customers to install
power generation systems at their facilities. These systems are referred to as distributed generation
(DG). DGs could include, but are not limited to, solar photovoltaic (PV) facilities, diesel and natural
gas fueled facilities, wind generators, biomass-fueled facilities, fuel cells, and carpet-waste burning
power facilities. In order to understand the potential impacts of allowing DG, Vernon issued a request
for a proposal for a Distributed Generation Impact Study. This study would assess DG impacts on
electric distribution system, the environment, public safety, and potential negative fiscal impacts.
POWER Engineers, Inc. (POWER) was selected to perform this study.
POWER performed an assessment of the impacts of DG on the following areas: physical and
operational impacts on distribution system, the environment, public safety, and fiscal impacts on rate
payers. In addition, POWER evaluated the current mandatory requirement of a Conditional Use
Permit (CUP) for all DGs regardless of the size and type of DG. Based on the analysis of each area,
POWER performed an integrated assessment and recommends an optimal level of DGs without
causing significant impacts. POWER also reviewed the current electric rates to evaluate potential
financial impacts associated with allowing increased levels of DGs on the distribution system and
recommends restructuring of electric rates for long-term financial security and stability.
The POWER team (POWER, NewGen Strategies and Solutions LLC, Scientific Resources
Associated and RBF) worked with the Vernon staff for several months, collecting extensive data and
information to fully understand each area at depth. Data collection and review included, but was not
limited to:
• Distribution System Features and Engineering Data – Starting from ETAP System model,
information of maximum and minimum loads of 10 distribution circuits, relay protection and
other features of distribution system.
• Financial Data - Financial reports of revenues requirements, operation and maintenance
(O&M) and capital expenses including city transfers, current financial policies and practices
and electric rates.
• Environmental and Safety Data - Applicable Environmental and CUP policies and
requirements for distributed generation, the Safety Element of Vernon General Plan and DG
Interconnection application requirements and guidelines.
The POWER team analyzed these data, conducted independent research where necessary (such as
latest net metering law and state legislation Assembly Bill (AB) 327, air quality and climate change
regulations), conducted field reconnaissance as much as possible and prepared draft technical reports.
POWER team also prepared a Cost of Service Study which was added later to the scope in order to
incorporate the latest financial information; analyzed the financial impact of recommended DG
levels; and identified the rates necessary for the short- and long-term financial security of Vernon.
Physical Distribution System Impacts Analysis – Analysis started from review of data from 10
distribution circuits and interpolated to the complete distribution system. Five different electrical
studies (reverse power, overload, voltage limit, voltage flicker and short-circuit) were performed on
each circuit under a number of various scenarios including both rotating machine and non –rotating
/inverter based generation. It is apparent from the analysis that although DGs could have impacts on
the Vernon distribution system, the amount of DG the physical system can absorb is very high and
will not be a limiting factor in the policy on how much DG can be permitted within Vernon. Based on
the analysis, it can range from 140 megawatts (MW) to a full peak load of 190 MW (if it is physically
practical to connect DGs with the distribution circuits), depending upon the types of DGs and at what
POWER ENGINEERS, INC.
Distributed Generation Impact Study
ANA 092-062 (SR 02) COV 135853 (05/08/2015) YU PAGE 2
point the power can start flowing into Southern California Edison (SCE) system at the point of
interconnection.
Environmental Impact Analysis – The Comprehensive Zoning Ordinance of the City of Vernon
§26.4.1-3(b) and General Plan (Section 2.2) currently requires a CUP for generating facilities, power
plants and cogeneration facilities. The CUP process requires a comprehensive review under the
California Environmental Quality Act (CEQA) and allows Vernon to include project-specific
conditions. Vernon is considering streamlining the process of allowing DG facilities in Vernon,
provided that this streamlining does not result in adverse environmental impacts. The environmental
analysis focused on potential environmental impacts from exempting DG facilities from the CUP
requirements, allowing these facilities to be constructed and operated without environmental review
and without project-specific conditions. The analysis indicates that combustion engines (including
microturbines) could have the potential to result in cumulative air quality impacts. Additionally,
biomass and the carpet-waste burning facilities could also have impacts related to odor and noise. The
CUP requirements should be maintained for these facilities.
Exempting solar PV systems from the CUP requirements would result in less than significant
environmental impacts. Though fuel cells would also likely have less than significant environmental
impacts, this technology is evolving. Retaining the CUP requirement for this type of DG is prudent to
allow Vernon to get more information about the specific project, perform its due diligence, and
include project-specific conditions if deemed necessary. Vernon could revisit this requirement when
the design and operations of fuel cells become more standardized. Meteorological conditions (low
wind speeds) in Vernon are such that there is no potential for practical wind power generation.
Exemption will streamline the process for solar PVs and is consistent with other neighboring utilities.
The CUP requirement should be maintained for all other types of DGs including microturbines, fuel
cells, conventional combustion gas turbines, biomass and potential carpet waste burning plants.
Safety Assessment – The safety assessment was divided into two subareas: electrical safety hazard
analysis and hazardous materials assessment. Electrical safety hazard analysis builds upon the
distribution system impact study and concludes that DGs pose a potential electrical safety hazard due
to back feed into distribution system for line workers and the public in general. But these potential
safety hazards are manageable with reasonable efforts such as: adopting prudent operating and
maintenance procedures, e.g., requirements for DG’s to comply with industry standards Institute of
Electrical and Electronic Engineers, Inc. (IEEE) 1547 and UA 1741 and monitoring of DGs. Three
areas of concern identified were: islanding, grounding and protective relaying. Management
approaches for areas of concern aim to reduce the impacts to less than significant. Approaches to
monitoring DG, as well as suggestions for Vernon’s interconnection agreement and guidelines, are
also included.
The Environmental Checklist Form from the CEQA Statues and Guidelines criteria was used to
determine short-term and long-term hazardous materials impacts. Solar PVs will have no short-term
and long-term impacts. Non-solar DGs could have short- and long-term impacts, but compliance of
all applicable federal, state and local regulation by DG owners and monitoring by highly trained
Vernon safety staff will reduce those impacts to no different than what currently exists in day-to-day
operations.
Financial Impact Analysis – It is evident that although DGs have impacts on all areas, financial
impacts are going to outweigh other areas and will be a limiting factor of how much and what optimal
level of DGs can be permitted without significant impacts on rate payers. Compliance with the
current net metering law and AB 327 requires Vernon to permit up to 5% of customer peak loads (the
sum of non-coincident peak load of each class of customers) for renewable distributed generation.
Using 2014 system data for peak loads, the 5% limit is 9,924 kilowatts (kW) and will vary each
POWER ENGINEERS, INC.
Distributed Generation Impact Study
ANA 092-062 (SR 02) COV 135853 (05/08/2015) YU PAGE 3
subsequent year based on customer class peak demands. At full subscription, the 5% requirement is
estimated to result in annual operating revenue loss ranging from $3,125,852 to $6,474,580,
depending upon the mix of solar PV and conventional fossil fuel DG, if allowed. These operating
revenue losses equate to a rate increase from 1.4% to 3.0% for non-DG customers to ensure Vernon
remains financially stable recovering all costs. Currently, 2,000 kW of solar PV installations are in
the pipe line (planned or under construction) which results in an estimated operating revenue loss of
$484,000 per year. This level of operating losses equates to a rate increase of 0.3% for other non-DG
customers to fully recover the costs to operate the electric system.
In conclusion, the results of this Distributed Generation Impact Study indicate that:
• The existing distribution system can generally support DG up to a full peak load 190 MW,
but no DG can be connected to any of Leonis 7 kilovolt (kV) distribution circuits until the
feeder circuit breaker is replaced with higher interrupting current rating.
• As required by net metering law and AB 327, allowing DG up to 5% of peak loads (non-
coincident peak load of each class of customers); 9,924 kW based on the 2014 peak load
results estimated operating revenue loss ranging from $3,125,852 to $6,474,580 depending
upon the mix of DGs permitted.
• Restructuring of current electric rates is required to recover fixed costs via the increased
demand charge and to gradually realign the rates overtime with the Cost of Service study as
much as possible.
• Solar PV projects up to 1.0 MW can be exempted from the CUP requirements without
significant environmental impacts. The CUP requirement should be maintained for the other
types of DGs evaluated in the study and solar PV projects above 1.0 MW.
• Existing regulations will provide adequate safety protection related to hazardous materials
that may be associated with solar PV, fuel cells and fossil-fuel DG projects. Electric safety
hazards are manageable by adopting prudent operating and maintenance procedures,
interconnections agreement requirements, and guidelines and requirements of compliance of
DGs with industry standards such as IEEE Std.1547 and UA 1741.
Recommendations:
• Adopt and comply with current net metering law and AB 327 requirements to define the
maximum and types of DGs. Currently, the limit is 5% of customer peak loads and translates
into 9,924 kW of renewable DGs. All other non-renewable and conventional fossil fuel,
including natural gas fired microturbines, are not included in this limit and should be
evaluated on a case-by-case basis. Evaluate potential carpet-waste burning plants based on a
complete Environmental Impact Report, including the financial impacts on Vernon.
• Permit solar PV DGs up to 1.0 MW without CUP process and continue CUP process for all
other types of DGs both renewable and non-renewable. Modify and update CUP language
regarding diesel engines strictly used as a back-up and stand by generators, to clarify that
those are exempt from the CUP.
• All 7 kV circuit breakers at the Leonis substation should be replaced with higher interrupting
current rating as soon as practical and before any DG is connected to 7 kV circuits.
• Adopt the recommended Rate Strategy with the framework for long-term financial integrity
of Vernon including:
a. Improving the amounts of cash reserves (e.g., days of cash on hand).
b. Gradually realign the rates overtime with the Cost of Service as much as possible.
POWER ENGINEERS, INC.
Distributed Generation Impact Study
ANA 092-062 (SR 02) COV 135853 (05/08/2015) YU PAGE 4
c. Adopt the restructured rates to recover additional fixed costs via the increased
demand charges and introduce a facilities charge (i.e., distribution demand) in
addition to current power supply demand charge.
RECEtlrl=,1,
lEC 07::3
UITY ADMINISI'iAiION DEC 0 8 2015
STAFF REPORT ctiy ctERl('S OFflcE
(//4G,VERNON GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
R.E:
December 15, 2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Vernon Gas & Ele
Originator: Ali Nour, Utilities Engineering Manag r
Award of Bids and Purchase Contracts to Young and Company (Howard
Industries); Wesco Distribution (Copper Power) and Power Partners c/o
Pacific Utilities (ABB) for Overhead Distribution Transformers for the
Vernon Gas & Electric Department (Bid Specilication #TR1-2015 OH)
Recommendation
A. Find that proposed purchase of Overhead distribution transformers is exempt from
Califomia Environmental Quality Act (CEQA) review because, as a continuing
administrative or maintenance activity, such is not a "project" as defined in CEQA
Guidelines section 15378(bX2). And even if such activity were a "project," it would be
exempt from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a significant effect
on the environment, because the agreement does not have an impact; and
B. Accept that the following companies were the lowest responsive and responsible bidders
for bid specification #TR1-2015OH, relating to the purchase of Overhead distribution
transformers :
l. Young & Company (Howard Industries) for bid items: l-4, 12-17 ,26 utd 27.
2. Wesco Distribution (Copper Power) for bid items: 5-11,1&-23 urd25.
3. Power Partners c/o Pacific Utilities (ABB) for bid item: 24; and
C. Award bids and authorize the Purchasing Department to issue purchase order contracts as
follows:
1. Young & Company (Howard Industries) for bid items 1-4, 12-17, 26and 27 in a
gand total amount not to exceed $170,739.00.
2. Wesco Disribution (Copper Power) for bid items: 5-11, 18-23 and 25, in a grand
total amount of not to exceed $257 ,720.64.
Page I of 3
3. Pacific Utilities c/o Power Partners (ABB) for bid item 24 in a gra-nd total amount
not to exceed $21,660.00; and
D. Reject all other bids.
Backeround
Through the normal course of providing electrical service to its customers, Vemon Gas &
Elecric (VG&E) requires distribution transformers to convert the Department's electrical
distribution high voltage electricity to voltages that can be used by our customers. The
Department needs to replenish its inventory oftransformers.
On October 8, 2015, in compliance with all legal requirements, the City published
Specification#TRl -2015 OH on the city web site and advertised the bid invitation in newspapers
requesting bidders for the furnishing and delivery ofvarious distribution transformers for the Gas
& Electric Department. The City received bids from five companies which were opened on
November 16,2015.
The bid package explained that the bid would be awarded to the "lowest responsible and
responsive bidder". The "lowest" bid was to be calculated pursuant to a specified formula that is
intended to assess the overall cost of the transformer over its expected lifespan. Stated
differently, the lowest bidder would not necessarily be the bidder with the lowest per unit price.
The attached chart shows the results of that calculation in the "total ownership cost" column.
For each of the bids staff has recommended to be awarded, the bidder had the lowest "total
ownership cost", as required by the bidding documents.
Recommended Bid Awards and Purchase Orders
Staff recommends the City Council declare that (a) Young & Company, representing Howard
Industries, is the lowest responsible and responsive bidder for items 1-4, 12-17,26 and 27; (b)
Wesco Distribution, representing Copper Power, is the lowest responsible and responsive bidder
for items 5-11, 18-23 and 25; and (c) Pacific Utilities c/o Power Partners (ABB) is the lowest
responsible and responsive bidder for item 24.
It is recommended that the City Council authorize purchase order contracts for the grand total
not to exceed amounts shown in the table below with Young & Company (Howard Industries),
Wesco Distribution (Copper Power), and Pacific Utilities c/o Power Partners (ABB) based on
evaluation process and on the basis ofbeing the lowest bidders complying with the specifications
on each item respectively. The purchase order amounts indicated are inclusive ofsales tax.
Recommended Vendor Amount Bid Price (Grand
Total Not To Exceed)
Items Awarded
Young & Company
(Howard Industries)
s170,739.00 l-4. 12-17 .26 and27
Wesco Distribution
(Copper Power)
s257.720.64 5- l l. I 8-23 and 25
Page 2 of 3
Pacifi c Utilities/Power
Partners (ABB)
$21.660.00 24
Fiscal Imoact
The proposed purchases totaling $450,119.64 are within the Capital Budget for Gas & Electric
Departrnent for fiscal year 2015-2016.
Attachment(s)
1. Young & Company (Howard Industries) Proposal
2. Wesco Distribution (Copper Power) Proposal
3. Pacific Utilities/Power Partners (ABB) Proposal
Page 3 of 3
I
y*o".Iftrg
530 South Marengo Ave, Pasadena, California 91101-3130
PH 626-795-9955 o FAX 626-683-3232
November 16, 2015
City Clerk
4305 Sante Fe Avenue
Vernon,CA, 90058
Phone: (323) 583-8811
Attention: Ali Nour - Electrical Engineering Manager
Dear Ali Nour:
Howard Industries c/o Young & Company is happy to submit a complete proposal for the supply
of overhead transformers to the City of Vernon. We are submitting a silicon core design
proposal. We completed your forms as required, and we are submitting nameplate and outline
drawings, and attaching Howard's proposals.
Please review our complete proposal and please let us know if there are any questions. Please
issue the PO to Howard Industries c/o Young & Company or simply Howard Industries if we are
successful and we will process the PO.
Sincerely,
Hunter Coulston
Representative, Sales Engineer
Cell: 626-720-3460
SiGNATTIRE PAGE AS!D I.EGAL SXATUS
The undersigned certifies thar he/she ls an offlcial legally authorized to bind his/her firm
and to enrer into a contract should the City accept this bid'
Bicl ily Ilovard fndusiries, Inc.
lflr*" ot nit.t
Legal siatus of bidder:Please check the appropriate box
{ - Corporation/Llc state of lncorporation llls-sissippi
Parl:nership l-ist Members (atiach additionalsheets if necessary):
State full narYte r)8A
Other
(
Signature of Bidder'
t,, i) _ Iirr l'iiiir City taurel state MS -- ZiP 39441'':-
,.i!\ ,,rt,, $aJ.es Manase r
dayof {ovember --
,e{n+- 20L5
BIDDER'S INITIALS
Explain
Sign a l;u re)
Address
Telephone No.
Signed this
(601) 42s:3151
13th
ADDENDUM NO.
None1
2
ii
BV-4332
UftlIT FRICE 8ID FORM
{II'I'Y O'i VERNOI{ GAS & EI,EC'IRIC
OVERHE}AD i'RANSFORMER'I'ECTINICAL R,EQUIREMEFITS
Tl.rnslolmer rn,lngs rs€d h/ the clly of Clty otycraoll
a$d erfl€rted p rcbasi[g qui]ntitics
ruote 1: Prlce hld shall incl de a,l federal, state,locai and other taxes.
;liili:l | ''r:illll' {r^r,(i('|(vA} c*Ysroc* t lj||-iffi | "ru.nilIfi'i1 !l
n.oa 24't{tv . ,o | 2oo2 ' $ 609.00 _
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AFFIDAVf t' OF NON-COLLUSION I}Y CONTI{ACTOI{
STA'.E OF lllss:i.ssippi /S^S
COUNTY)F' Jones I
Jeffrey Foxworth , being fir s[ duly sworn depmes
and says (hat hc./she is Sales Manager
iini.r1 Soh OqGr' , "IdrNr.i, _P, c!dcnf'. S€'clfrv.orohcr ptoro litr')
of H.rfql I"0*:.:11",_I9.
(liscrt.a;nc of biddc')
who subrnits hc|cwith to llre Ciiy ot Ver non a ptltposal;
That all staternents o[ lact in such proposal arc trtre;
That s cir proposal was not madc in the intercst ofor on behalfofany undiscloscd petson,
Pa|tnership, cotnpany, assooiation, orgsllizatio[ or corpolatiorl;
That srrch prcposal is genuine and not collusive or sham;
That said bidder has not, diroctly or inrlirectly by agleement, communication ot conferenoe with
anyone attelnpled to induce action prcjudioial to the interest of the City of Velnon, or oI any
otlrel bidcler or onyone else iDterested in the proposed contrach and furtlter
'l haL prior to tho public openirlg a.nd reatling of proposals, said bidder:
a. Did not di[ectly o[ indireotly, induce o[ soliait anyone elsc to submit a false or sham proposal;
b. Did not dirccrly or indirectty, cotludo, <;onspire, connive or a$ce with anyone else that said bidder or
anyone else would submit a false or sham proposEl, or thec Enyone shotrld refrain finm bidding or
withdraw his prnposal;
o. Did not, io any lnanner, difcctly or indirectly seek by agleernent, communication or confelenco vvith
anyone to m ise ol fix the pr.oposal price of said bidder oI o I anyone e lse, oI to taisc o [ fix any o vet head
profi I ot cost element of this Proposa I plioe, or of that ofanyone else;
d. Did not, clir.cctly or indirectly, submit his ploposal price or any breakdow[ theleof, or the conlcrrts
tlrereof, ol divulge infotmation or data [elstive thereto, to nay aotpomLion' paftlrelshiP, conrpary,
association, organization, bid depository, o[ to any member or agent thercof, or to any individual or
grou p of ind ividuals, except the c ity o f velnon, ol to any pelson ot persons who havc a pa(nership or
other finaocial intc|est with bidder in lris business.
ifilti{jtii Li:}t i.l r ti,:; tl r ) llIlilil'("'
y'lilirl;r1iir.-,f I i;,1r.rrll i.ll'iiloriuriilv Q i'lrrtr :jr+llr +' l'ri1'rt r
ln order to be placeri t0 the city's vendor list and be eligible to receive city business,
you firust provide ihe fotlowing information. By submitting this form you are declaring
under penalty of perjury Uncler the laws of the state of california and the laws of the
Llnited states that the infDrmation is true and cortect. Furthermofe, you are certifyinq
that your firm will adhete to equal opportuniiy employment practices [o assure that
applieants and emplayees are not discriminaied against because of their race, religion,
color, national origin, artcestry, clisability, sex or age And, your firrn does not and wlll
noi mainiain or provide for its employees any $egregated faciliiies at any of its
establishments, and that it does not and will not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained.
Narne of Company itor'r;3 r ri
Address !_"Q.. rirx 1588
lr(tr:,ir i(.ri, jlrc,flusiness Ielephone i,{il tLL, \!rl
Fax Number 601-049 8Q98
-City. Lau1e1
Contact Person
State _[! _ - ZiQ 39447
.Ioey Blovtn E nrail Agldress .lrrevJrt rtr.'rt(iitovltr rl irrrl.-r onl
"l'ax lD Number (or Social Security Nufiiber) -51+ -0466|43
Remit Address (if different) P.0' Box 3,I.001-0724 ' Pasade.-r1a,' CA sl7tt't't-)7u -
Please state clearly and concisely the type(s) of goods and services your company
provides:
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Howard Price Adjustment Policy
For DOE-Compliant Distribution Transformer Gontracts
The Howard Pricing lndex (HPl) is the price adjustment mechanism used on long{erm transformer contracts to
compensate for upward or downward changes in key commodity costs Prices are adjusted qua(erly using lhe
weighted percent change in commodity cost occuning since the date of the proposal as shown in the
hypothetical example below
Price Adiustment Example
ln this example a revised transformer price is established for orders placed in the 2"d quarter of 2013. using the
quarter-preceding March 2013 HPI as shown below
Base price as stated in the Howard proposal 51,000.00
Weighted change in commodity cost since date of proposal.. 124o/o
Multiplier on base price. 1 0124
Price for orders places during the 2'd quarter of 2O'13 $1012.40
Kev Commodities
The lable below lists the key commodities tracked by the HPI and identifies sources of the cost data. Costs for
carbon steel, copper, aluminum and oil are obtained from third-party data sources that are readily available to
the public Costs for silicon steel, amorphous metal and FR3 fluid are tracked using confidential internal supply
chain data, since no third-party data sources exist for these commodities
Key Commodiiy Cost Data Source
Carbon steel CRUspr: Global Steel (lndex), average for previous month
hltp://cruonlrne cruqrouD com/SteelFerroAllovs/Pricelndex^abid/143/Default asox/homeoaoe asox)
Silicon steel Confidential Howard lndustries supply chain cost data, current month
Amorphous metal Confidential Howard lndustries supply chain cost data, current month
Copper LME: Grade A Copper, Cash Seller (US$ per metric ton), average for prevrous
month (htlps://secure lme com/Data/community/rndex aspx)
Alumrnum LME: Primary Aluminum, Cash Seller (USg per metric ton), average for previous
mOnth (https://secure lme com/Data/communiMndex aspr)
o
EIA: Cushing, OK West Texas lntermediate Crude, Spot Price (US$ per barret),
average for previous month
(htlpJ/tonlo eia doe-qov/dnav/peUhisuleaf Handler-ashx2n=p€t&s=rMc&Em)
FR3 fluro Confidential Howard lndustries supply chain cost data, current month
Document No 2 4 140. Revrsron 2
Howard lndustries, nc.
3t5t2014
March, 2013
Howard Pricing lndex for DOE-Compliant Distribution Transformers
(Silicon Core / Mineral Oil Filled)
XYZ Utility Company Contract
Commodity
Current
Commodily
Cost or lndex
Base Commodity
Cost or lndex
Percent
Change
Weighting
Factor (% of
Pnce)
Werghted
%Change
Carbon steel 18174 171 20 6 16%80%0 49%
Srhcon stee 1 4A%24 0%o 340/0
Ccpper i214 5l i8090 02 1 54./.2 00/o 00
Aluminurn 2417 61 3 a 970/0 10 0"/o 0 t0%
o $101 33 90 53 1%a/o 80%0 95%
A I other vaflable costs and meroin 0 00%48.00/.0 00%
Total percent chanae from base month 1 240/0
Price multlolier 1 0124
Page 1 of2
Carbon steel 8.0./o 6 Oo/o B 0a/"
Silicon steel or amorphous metal 24 0%24 0%28 C%24 la/o
Copper 2.0%1.0%2 00/o
Aluminum 't0 1C 0%10.50h 10 00/o
oil or FR3 fluid 80 10.0%65%10 00k
All other variable costs and marqin 48 00k 46 )a/o 4a 00/.46 00/o
Tota 100 0%100 0%100 0%100 0%
Future Revisions to the Pricinq Policv
Howard lndustries reserves the right at its discretion to revrse this pricing policy, including key commodities,
adjustment frequency, data sources and weighling factors, due to changing market conditions.
Weiqhtinq Factors
The table below lists the weighting factors used in the HPI calculations
Document No 2 4.140, Revisron 2
Howard lnduslries lnc.
3t512014
Page 2 af 2
November, 2015
Howard Pricing lndex for DOE-Compliant Distribution Transformers
(Silicon Core / Mineral Oil Filled)
City of Vernon Contract (BY-4332, BV-4333)
Data References:
Commodity
Curaent
Commodrty Cost
or lndex
Base Comrnodrty
Cost or lndex
(Nov 2015 HPI)
Percent
Change
Weighting Faclor
(% of Price)
Werghted %
Change
larbon steel 115 00 115 0.00%80%0.00%
Silicon steel N/A-N/A-0 00%24 00/"0 00%
lopper $5.222 61 55,222 61 0 00%2C%0 00%
Aluminum s1.523 $1,523 0 009 10 0%000
o $46 22 $46 22 0 00%B0%0 00%
All other variable costs and marOrn 0 00%48 0%0 00%
Total percent chanqe from base month 0 00%
Base or ce multrplrer 1 0000
CRUspr Globa Steel lndex for prevous monlh
http //cruonline crugmup convsteelFerroAlloys/Pnce ndodtabcul43/default aspx/homepage aspx
'Confdentral Holvard supply cha'n cost data
Copper
LME G rade A Copper l\,/tonlhly Average for previous month, C ash Seller (U SS per metric !on)
httpsr//secure he com/data/com m unrly/ndex aspx
LME P.imary AhJminum, lilonlhly Average lor prevrous month. Cash Seller (US$ per metnclon]
https://secure lme con datrcommunily/rndex aspx
o EIA Cushrnq. OK Wesl Texas lnlermediate, spot pnce monttly average (USS per barrel)
hltp / dww eia gov/orl_gavpetroleum/data_publicalionstu/eekly_petmleum_sEtus_reporuwpsr hlmI
Document No 2 3 67, Rev 0
Howard lndustries, lnc
11110t2015
APPROXIMA]E WEIGHT:
10 KVA
LEGEND:
1. HIO] VOLTAGE BUSHING
2. LO\I/ VOLTAG€ BUSTIINGS
3, PRESSURE RELIEF VALVE
4. LITNNG LUGS
5. COVER GROUND SMAP
6. HANGER BRACKETS
7, NAMEPLA'IE
IO, LV NEUTRAL GROUND
17, TAP CHANGER
30. TANK GROUND PROV,
NOTES:
H.t, ouoTE 8v4352 001
PER SPEC rR1-2015 ofl
DATED 10-12-15
TRANSFORMER COLOR IS GRAY
ANS| #70, MUNSELL sBG 7.O/O.4.
---@
259 LBS
'60+
r.D (F(@
HOWARD [fl THTOUSTRIES lNC,
LAINEL MISS, USA 39440
MFG, OF OIslftAU'IION YNANSFORMERS
TIME| 0€: 2* 5,l.0OJ
2F8V0101
REVISION
r
l
\.o
CITY OF VERNON
NAMEPLATE
* SERIAL NUMBER
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO. OO1
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAIVING
IiOR€ DE[A6 ARE PRO\4OED
O{ TI]E APPROVAL ORAUING
HOWARD IM INDUSTRIES "ISO" *ff,ftS
KvA 'l 0 I,y Por ADD .trcr 259(r
't7200 /12+10Y
\ 12o /2+o m eoxj
crrss oun 6o trr cfir,o:t as iE ro lRritEnor n-r@ E drE opantl$
abE
C
50 B[
6m|6 m rElIIr rDr( c ,(l laa rxrl I m0 l' lc lE c l&txtrit,ftD MON/YR
Hl *
HOWARD IHi ] |I\OUSTRTES rNC.
LAUREL MISS. USA 594.4{)
!JFG. OF DISTBBUNON TRAI,ISFORIIERS
NAME: LASER NAMEPLATE
REVISION
oNNN
I
o
u
OrN
Ioo
2F8V0161
APPROXIMATE WEIGHT:
15 KVA
LEGEND:
I. HIGH VOLTAG€ BUSHING
2. LOW VOLTAGE BUSHINGS
3, PRESSURE REUEF VALVE
4, L]FNNG LUGS
5, COVER GROUNO SIRAP
6. HANGER BRACKM
7, NAMEPLAIE
10. LV NEUTRAL GROUND
17, TAP CHANGER
30. TANK GROUND PROV
NOTES:
H.t, ouoTE sv4332 002
PER SPEC IR1_2015 OH
DArED 10-12-15
TRANSFORMER COLOR IS GRAY
ANS| #70, MUNSELL sBG 7.O/O.4.
300 LBS
--o@@
@ @"@.
l*_ 16.0
HOWARD fu] TXOUSTnTES rNC.
LtuRa- Mrss. usA 594.{0
MFG. OF OISIRIBIJIION MANSFORiIERS
2VBVO201
SALES DRAWING
N AM EPLATE
PoL ADD wcr 300!B
t7200 /12+/OY
'LLZp" ( 2- *0* "* *," *"-".n n-,#L*, *3^H
(trall6DErmfun4cEll6rsnlF0llltHr 8mR
Hl *
CITY OF VERNON
H,I. QUOTE 8V4332
ITEM NO. OO2
SEE SAME ITIM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE OEIAILS ARE PRO\4DED
ON I}E APPROVAI DRAYING
HowARD I ni I rNousrRtEs rNC.
LAURA- MSS. USA 39440
MFG, Of OISMEU'IION 'IRANSFORMERS
* SERIAL NUMBER
REVISION
oNNNI
(,
OtN
IooN
2F3VO261
APPROXIMAIE VIEIGHT: 315 LBS
15 KVA
LEGEND:
I, HIGH VOLTAGE BUSHING
2, LOW VOLTAGE &JSHINGS
3. PRESSURE REUEF VALVE
4, LIF]ING LIJGS
5. COVER GROUNO SMAP
6, HANGER BRACKETS
7. NAMEPLAIE
'0.
LV NzuMAL GROUND
17. TAP CIIANGER
50, TANK CROUND PROV.
NOTES:
H.I. QUOIE BV4J52 OOJ
PER SPEC IRl_2015 OH
DATED 10-12-15
MANSFORMM COLOR IS GRAY
ANS| #7O, MUNSETI sBC 7.O/O.4.
SALES DRAWNG
IHIS fI€IIiRtXIS A TYPICA ANSI
IEslqlID O'!EiHE o. qfln|$Jlloi{
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HowARD ffij rnousrRlEs lNc.
LAUREI- MISS. USA 394.{0
UFO. OF OIS-IRIUJ]ION TRANSFORMERS
NAr.rE: CITY 0F VERNoN
REVISION
2F8V0301
0222-OO4332-O03
NO.
t-
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xi
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NAMEPLATE 0222-10+332-O03
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L all '
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r.ffi fro 11 Hl r'2lwYd lEl I I
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H.I. QUOTE 8V4332
rTEtil NO. 003
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
SALES DRAWNG
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ON IHE APPROVAL ORAINING
* SERIAL NUMBER
HOWARD [Hi I tttousrnlEs lNC.
TAUREL MISS. USA J94{O
MFG. OF USTAIEUTION IRANSTORMERS
REVISION
2F8V0361
APPROXIMATE lvElGHTl
25 KVA
LEGEND:
1. HIGH VOLTAGE BUSHING
2, LOW VOLTAGE BUSTiINGS
3. PRESSURE RzuEF VALVE
4, UFI]NG LUGS
5, COVER GROUND SMAP
6, HANGER BRACKET:}
7. NAMEPLA]E
10. LV NEU'IFAL GROUND
17, TAP CHANGER
50. TANK GROUND PROV.
392 LBS
NOTES:
H.I. OUOIE BV4JJ2 OO4
PER SPEC TR]_20I5 OH
DArm 10-12-15
MANSFORMER COi.OR IS GRAY
ANst #70, MUNSELL s3c 7,o/o.4.
HOWARD JHil TNOUSTRIES lNC.
LAUREI- MISS. USA 3844{)
MFG. OF DISTRIBJTION ]RANSEORMERS
REVISION
IME: oar 2J: 4.1,7,10
2F8V0401
Ctry OF VERNON ccl 746
N AM EPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO, OO4
SEE SAME ITEM NUIilBER FOR
OU]LINE DRAWNG
SALES DRAWNG
MoRE DETM.S ARE PAOYDM
OII THE APPROVAL DRAIIING
HOWARD [[]I] INDUSTRIES .,UM.XS il'ff*#ffi
KvA 25 I![P PoL ADD wcr 392*
x7200 /12470Y
| 1 20 / 2-4o lE 12 e.s
().s our [o la corrur na nErD iltmrc/E L-rrr ooffi @tlArxo
c5 af
o
50 3a
(or Nm raEDgr r8l o ro oEl rltrl r B, lr l€ r o crllt&nn
'Eo MON/A
Hl *
* SERIAL NUMBER
HOWARD lnl TNOUSTRTES tNC.
LAUREL IIISS, USA 39440
MFG Of {XS]R8UNO{ MANSFORMERS
REVISION
oNN
I
o
N
Ioo
2FBVO461
APPROXIMA'rE WEIGHT: 40J LBS
25 KVA
LEGEND:
I, HIGI{ VOLTAGE BUSHING
2. LOW VOLTAGE BUSHINGS
5, PRESST'RE REUEF VALVE
4, UFTINO LUGS
5, COVER GROUND SIRAP
6, HANGER BRACKETS
7. NAMEPI.ATE
IO. LV NR'MAL GROUND
17. TAP CHANGER
30, TANK GROUND PROV
t-
sI
--(3)
NOTES:
H,I, OIJOTE BV43J2 OO5
PER SPEC TRl_2015 OH
DArED t0-12-15
1RANSFORMER COIOR IS GRAY
ANSU[7O, MUNSELT 5BG 7.O/O.4.
SALES DRAWNG
'rHLS RpRESan',Is A mrc,\l All5
0E96.iED O\'81|EA0, DtSr&Bt Tlotl
rR^N5rfi[4E8,NolE: tEci'r, DlllolsloNs, Arl0accusgnEs sHohfi ,R[ mrc,\LFalo
E IEDD,
@@
HowARD lnil tNousrRlES lNC.
LAURET- M|SS. USA 39440
OF OISM|BUTION TRANSFORMERS
REVISION
IIle osl 29:.18,076
2FBV0501
NAMEPLATE
CITY OF VERNON
H,I. QUOTE 8V4332
ITEM NO. OO5
SEE SAtvlE ITEiU NUMBER FOR
OUTLINE DRAWING
SATIS ORAWNG
MORE DETAIS ATIE PROIIDEO
OI,I lHE APPAOVAI DRAANG
HOWARD I Hl I |NOUSTRIES lNC.
l4uRu- Mlss. usA 39440
[IFG. OF OISIRI ]IION IEANSFORT.#RS
17200 /12+70Y, all ' I'E 13 e{5\ Ll /
cu:s ouI ao llzo L!!! itsE naD Bftrt1fi r+'r@ EE(E eB/\tDlO
mrlr6 ln EEUB. laE (rtooEio*,fl n*HrffffiryR
Hl *
HOWARD U1!] INDUSTRIES "ffiU'*ffOffixva 2 5 i'ts' PoL ADD rlcr 403'!
* SERIAL NUMBER
REVISION
oNNN
I
o
(,
N
Ioo(,
2F-8V0561
APPROXIMAIE WBGHT:
37.5 KVA
LEGEND:
I. HIG+] VOLTAGE BUSHING
2. LOW VO{-TAGE BUSHINGS
5, PRESSURE REUEF VAL\E
4, UFTING LUGS
5. COVER GRO{JND STRAP
6, HANGER BRACKETS
7, NAMEPLATE
IO, LV NEUTRAL GROUNO
17. TAP CHANGER
30, TANK GROUNO PROV.
505 LBS
rd
l_
NOTES:
H.t. ouorE 8v4332 006
PER SPEC m1-2015 0H
oArED't0-12-15
1XANSFORMER COLOR IS GRAY
ANS| fr/o, MUNSELL sSG 7.0/0.4.
F:-,*"*---]F__,3,+
HOWARD I r-ril TNOUSTnIES lNC.
I-AUREI- MISS. USA JS't'lO
MFG, OE OISMEUTION MANSFORMERS
REVISION
2F8V0601
0222-O04332-006
lto.
llUE 08:2J:52,105
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEI/ NO. 006
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE OETAII ARE PROVOTI)
Ol,l 'IllE APPRoVAL o8AllllNc
HowARD F,'l txousrntEs tNC.
LA!nE- U|SS. USA 3€4{O
MFG. OF OISIRIBJIIOI,{ TRANSFORMEFS
NAUE: LASER NAMEPLATE
t7?_oa /12470Y
*25 # k% "= ".- **** *#=*. g^ff
m.'n6 E E'tF{r'nEof6 oEo *,* " oH, ffiffi7m
Hl *
HOWARD U!| INDUSTRIES "ffi* "'ISIffi
xva 37.5LH PoL ADD wcr 505.E
{ SERIAL NUMBER
2F8V0661
APPROXIMA'IE WEIGHT:
57,5 KVA
LEGEND:
1 HIGH VOLTAGE BUSHING
2. LOW VOLTACE BUSHINGS
3. PRESSURE REL]EF VALVE
4, LIFNNG LUGS
5. COVER GROUND STRAP
6, HANGER ERACKETS
7. NAMEPLA]E
10, LV NEUMAL GROUNO
17, TAP CHANGM
30, IANK GROUND PROV,
499 LBS
1-
I
NOTES:
H.t. QUOTI 8V4332 007
PER SPEC TRI_20I5 OH
oArED l0-12-15
.IRANSFORMER COLOR IS GRAY
ANS #70, MUNSELL sBc 7.O/O,4.
SALES DRAW]NG
'tHts REPnE$Ils A mtCA! AIS|
oEsro\to ottrflE-Ao. DtsTroBUIO
iIOIE: V/ElCHt OlME}ls|otls. AND
ACCESSORES Arc$r AXE mCAL
FEIUEST MPflOVAL ONAWIG If
ACIUA! \{aorl, Oll{Elgous.
^tlDCUSMTfi R€OIJ|aEUEI1TS ME NE)A.
@@
HOWARD I Hil TNOUSTntES rNC.
L URE|_ t{tSS. USA 39440
MFG. OF OISMEUIION MANSFORMERS
REVISION
nlrE 0A: 2J:65.@,1
2FBV0701
0222-OO4332-OO-/
t{0.
N AMEPLATE
+ SERIAL NUMBER
CITY OF VERNON
H.I, QUOTE 8V4332
ITEM NO, OO7
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
I,IORE OEIAILS ARE PROVDEO
OtI lHE APMOVAL
'HowARD ffiB tNoustRtEs,ffi,.s +'ffiffi'
xva 37.5 LF PoL ADD wcr 499t!
17200 /12470Y
r )-77 I'E 17 o^s
oE 6nri ao xr contcor: oE nEro Nsftrsfix rr_to! Effi cs loo
r mfi--rlc I t r!1I"iil.( l&l i | ^.8
M{E'C IT EEIBE EE 6 n! OE IIIM 2 F$ E E d $T'[IE'
'rE MON/YR
Hl *
HowARD I t-li I tt'tousrnlEs lNC,
LAUREL MISS. USA J944O
MFG, OF OISIRIB,TION TRANSFORMERS
NAMEI LASER NAMEPLATE
REVISION
oNNN
I
o
(,r
N
Ioo{
2F3V0761
APPROXIMAIE WEIGHT:
50 KVA
LEGEND:
I, HICH VOLTAGE BUSHING
2, LOW VOLTAGE SUSHINGS
3, PRESSURE REUEF VAL\E
4, LIFNNG LUGS
5, COVER GROUND STRAP
6, HANGER BRACI(ETS
7, NAMEPLA]E
IO. LV NEU]RAL GROUND
17. TAP CHANGER
30, TANK CROUNO PROV
NOTES:
H.t. o.,orE 8v4552 004
PER SPEC TRI_2015 OH
DATm r0-12-15
IRANSFORMER COLOR IS CRAY
ANg #70, MUNSELL sBC 7.O/O.4.
612 LBS
T-
II
I
e0,5*=
HOWARD I Hi-l INOUSTRIES lNC.
L UREL l,liss. USA J9,+4{)
MFG. OF DISIR€UIIOII MANSFOflMERS
RTVISION
2FBVOBOl
0222-OO4332-OO8
xo.
\
SALES DRAWNG
CITY OF VERNON
IrrE, 08 2r.58,6ul
NAMEPLATE 0222-104332-O0B
N0.
CITY OF- VERNON
H.I. QUOTE 8V4332
ITEM NO. OO8
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
ING
PFOVIOED
DRA\IINC
HowARD I it,'l tt'tousrntrs
LAI'RE- M|SS. USA 3944{)
MFC. OF DISIRIEUIION'IRANSFORi,|€RS
HOWARD M,I INDUSTRIES ",.8U, iIffi+AH
* SERIAL NUMBER
REVISION
2FBVOB61
6rlGmEeE'tAo rElal rx , B, rIxE !E c nxhclff' ,rrD MoN.,/YR
Hl *
oNNN
I
o
o]
(,.1N
Ioo
@
APPRoXIMATE WEIGHT: 618 LBS
50 KVA
I_EGEND:
1. HIG+I VOLTAGE BUS}IING
2. LOW VOLTAOE BUSHINGS
5. PRESSURE REUEF VALVE
4. LIFNNG LUGS
5, COVER CROUND STRAP
6, HANGER ERACKETS
7. NAMEPLAIE
10. LV NN,,TRAL GROIIND
17. TAP CHANGIR
30 TANK GROUND PROV.
NOTES:
H,r. ouolE 8V4332 009
PER SPEC TRI-20I5 OH
oAIED 10-12-15
MANSFORMER COLOR IS GRAY
ANS| #7O, MUNSEIL sBG 7.O/O.4.
HOWARD Iuil TNOUSTnIES lNC.
LAUREL MISS, USA 5S44O
MFG, OF US]II|aUT]ON MANSFORMERS
REVISION
2FBV090'1
__^^_l
SALES DRAWNG
IUE 06:2+01 ,O7
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO. OO9
SEE SAME ITEM NUI/BER FOR
OUTLINE DRAWNG
SALES DRAWNG
MORE OEIA]LS ANE PNOVOED
ON 'I}IE APMOVAL DRAWNO
'HowARD @ TNDUSTRTES "ffi* #ffieE'rvn $Q ISP PoL ADD YrGT 618tD
11200 /12470Y
\ 277 IE 23 oNs
q-rE 6ruir oo rc mn lot tsE naD $srnJcllc{ rt-lol Beoic oPn^D&r
rdrn6 'r Excrr{t uro. (f t(l(ai*r*.*ff ffiryR
Hl *
* SERIAL NUMBER
HOWARD I Uil TUOUSTRIES lNC.
LAUREL MISS. USA J944O
MFG, OF OISTFIBUTION TRANSFORMERS
uue: LASER NAMEPLATE
REVISION
2F8V0961
APPROXIMATE WEIGHT: 912 LBS
75 KVA
LEGEND:
1. HIGH VOLTAGE BUSHING
2. LOV/ VOLIAGE BUSHINGS
3. PRES$JRE REUEF VALIE
4. UFNNG LUGS
5. COVER GROTJND SMAP
6. HANGER BRACKETS
7, NAMEPLATE
10. LV NAJ'TRAL GROUND
17. TAP CHANGER
30, TANK CROUNO PROV.
NOTES:
H.t, QUOIE Bv4J32 010
PER SPEC TRI-2015 OII
DArED I0-12-15
IRANSFORMER COI.OR IS GRAY
ANSI #70, MUNSELL sBe 7.O/O.4.
SALES DRAWNG
tHrs ff?nEso.tls A rtPrca r{g
oEsrcNo o!E8HEAD, otflnBuromtJisFofill8.M)rE 8E6fl. onlarscl.ls, All0
ACCISSFTES S$O]*ti lnE mCAL.
REO{'EST APPNOVAL DRA\IIN6 IFacIUA YrEClrT. 0l rll$otls, AND
CUSTOME,I REOI,BEITIIIS ANI IIEE)ED.
T
I
,"or-J**+F-
@@@
HOWARD I nil TNOUSTRTES tNC.
LAUREI- MISS USA J944O
MFG. OF OEMEUTION ]RANSFORIIERS
NA E CITY OF VERNON
REVISION
2FBVOAOl
I
$
I
NAMEPLATE
PoL ADD '/Ycr 912ta
x7200 /12470Y
| 12O /240 IE 37 oar
drss i*ux 60 l|t dJNr.!5c ftrg RElo
'lsnucrorl
lt-t@ EEIE mArI'p
drurs 0 ElEqu€l. 6E (l ft' oar [M t R4 ar ll 1E 6 lftrcrE,fo MoN/YR
HI *
CITY OF VERNON
H.I, QUOTE 8V4332
ITEM NO. O,IO
SEE SAtvlE ITEM NUMBER FOR
OUTLINE DRAWNG
SALES DRAWNG
IIONE OETAIS AflE PROIIDED
ON IHE APPROVAL ORA\{TG
oNNl.J
I
o
(,N
Io
o
* SERIAL NUMBER
HOWARD I-ni I tttOUSrnrES lNC.
LAUREL, MISS. USA 39440
MFC. OF DISTRIBJNON TRAITSFORMERS
HEME: LASER NAMEPLATE
REVISION
2FBVO461
0222-104332-010
NO,
APPROXIMATE WEIGHT; 895 LBS
75 KVA
LEGEND:
I. HIoH VOLTAGE BUSHING
2. LOW VOLTAGE EUSHINGS
3. PRESURE RELIEF VALVE
4, LIFNNG LUCS
5, COVER GROUND SMAP
6. HANGER BRACKETS
7 NAMEPLAIE
IO. LV NzuTRAL GROUND
17, TAP CHANGER
30. TANK GROUNO PROV,
TI
NOTES:
t{.r. QUoIE BV4J32 011
PER SPEC 1R1-2015 0+l
DAIED 10-12-15
tr:.r1
SALES ORAWNG
IYPICAL ANE
DlsmlEunotl
IRANSFORUER COI-OR IS GRAY
ANSI f,/o, MUNSELL sBG 7,O/A.4.
HowARD I Hil tNousrRtES lNC.
L t Rtr- MISS USA 3ga'lo
MFG. OF DISTRIA,IIION TRA]ISFOflIERS
REVISION
2FBVOBOl
@@
TIME: 0S' 2,1: 07.795
NAMEPLATE
CITY OI VERNON
H,I- QUOTE 8V4332
tTEI/ NO. 011
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES ORA\IING
MOEE OETAIS ARE PROIIOEI)
ON ']TiE APPBOVAL DRAIIiNG
flowlno E0 tt'tousmtrs "w'" moffi '
xvr 75 LF PoL ADD wcr 895.3
tf200 /12470Y
\ 277 IE 56 ors
q-G dui o ru ct rot at Rleo rdlrdJalll,tl t]lo, Eo@ emArll&
m,.rs '{ EIluEt lna. ' tr 0E * t * ,' * Hfl ffdryn
Hl I
4 SERIAL NUIVIBER
HOWARD [1] tNOuSrnlES lNC.
LALNE- MISS USA J944O
MFG OF DISIRIBJIIOI! IRANSFORMERS
REVISION
oNNN
I
o
(r
otN
Io
2FBVOB61
APPROXIMAIE WEIGHT: 1162 LBS
1OO KVA
LEGEND:
I, HIGH VOLTAGE EUSHING
2. LO\ry VOLTAGE BUSTIINCS
5. PRESSURE REUEF VALVE
4. UFTING LUGS
5. COVM GROUND STRAP
6. HANGER BRACKETS
7. NAMEPLAIE
10. LV NEUMAL GROUND
17, TAP CHANGER
JO, TANK GROUND PROV.
NOTES:
H,r. QUO]E 8v4332 012
PER SPEC IRl_2015 O{
DAIED l0-12-15
TRANSFORMER COLOR IS GRAY
ANSI f/0, MUNsEtr 1aa 7.o/o.4.
Il*-.'"----1r-28'50--
B B@
HOWARD @l TNOUSTRIES lNC.
LAUREL MISS. USA J9{4O
MFG, OF DISTRIzuNO\ MANSfOR}JERS
REVISION
2FBVOCOl
I
t
t-
I
L
Ij
Il,lEr oar 2,tr 10,7e4
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO, 01 2
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
SALES DRAWNG
MOBE OETAJLS ARE PROVIDE}
ON 'IHE APPROVAL DRAV/INC
HowARD ffi tlrtou srntEs'ffi*lffisffi
xvA 100 AE PoL ADD Y/cr 1162t8
t7200 /12+70Yt12o/24o lE 43G",(*s c.un 6o m corrot r* ns o tt Rulro{ tl-to2 ErcGt cpaAlElo
co r6EEEr.rlaEEtc0E *r-^,*ffi ffirvn
Hl *
* SERIAL NUIVIBER
HowARD [Hil truousrnlEs lNc.
LAUREL MISS. USA 594$
MFG, OF OISIRIBUTION IRANSFORMERS
N^TIEI LASER NAMEPLAIE
NNN
I
Gt
N)
Io
N
2FBVOC61
APPROXIMAIE v{tlGHT; 1079 LBS
1OO KVA
LEGEND:
I. HIGTI VOLTAGE BUS}IINC
2- LOW VIDLTAGE BUSHINGS
3. PRESg,RE REUEF VALVE
4. LIFTING LUGS
5. COVER GROUND SIRAP
6, HANGER BRACKETS
7. NAMEPLAIE
IO. LV NEUTRAL GROUND
17, TAP CHAIGER
30. TANK GROUND PROV,
NOTES:
H.l. QUOIE 8V4332 013
PER SPEC 1R1_2015 OH
oAIED 10-12-15
IRANSEORMER COLOR IS GRAY
ANS| #70, MUNSELL sBC 7.0/0.4.
T
I
L_,r."-J
l--.,.*--1"]
HOWARD I t-t,'-l tUOUSTnIES lNC.
LAUREI M|SS. USA J94.4.O
lilFc, 0F DISIRIBUTIoN IRANSFORMERS
REVISION
l|UE| 0&2+l3,0Jt
2FBVODOl
I
T
I
I
I SALES DRAWNG
@@
NAMEPLATE
* SERIAL NUMBER
CITY OF VERNON
H.I. QUOIE BV+332
ITEM NO. 015
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
GownRo m TNDUSTRIES u'mrr ffigffi '
xvr'l QQ &F PoL ADD 'ilicr lo79,
!,7-Z9o /12470Y
*27* * -*r*.* .r. *",t""* *F-* J9^H
orlrB ro Er0uu lnll o ro oEt *, * o oHr
7vR
Hl *
HOWARD I ni-l tttousrnlEs lNC,
L UFIL Mlss, usA 394'40
MFG OF DISIFIzu]ION IRANSFORMERS
2FBVOD6l
oNNN
I
0
(,
N
Io
APPROXIMA'IE WEIGFIT: 290 LBS
IO KVA
LEGEND:
I. HIGH VOLTACE BUSHING
2. LOW VOLTAGE BUSHINGS
5, PRESSURE REUEF VALVE
4, UFNNG LUGS
5. COVER GROUNO SIRAP
6. HANGER BRACKETS
7, NAMEPLATE
10, LV NEUTRAL GROUND
,I7. TAP CHANGER
JO, TANK GROUND PROV.
NOTES:
H.r. ouorE BV4J32 014
PEF SPEC ]R1-2015 OH
DAIED 10-12-15
IRANSFORMER COLOR IS GRAY
ANS| /f/0, MUNSEI.T sBG 7.O/O4.
f('t
IL
HOWARD I r-ri-l tNousrRlES lNC.
LAUREL MISS. USA 5S4,IO
MFG, OF DIS]RIBU'TION TRANSFOAMERS
@@
@@@
REVISION
fME:08:2+!7.J21
2FBVOEO'I
?P
n=n I
NAMEPLATE
* SERIAL NUMBER
CITY OF VERNON
H.I, QUOTE 8Y4332
ITEM NO. O14
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
SALES DRAWNG
MORE DETAILS ARE PROMDS)
Ot{ ]}IE APPFOVAL DRA\IIINC
tHo\,vaRD @ tttousrRtrs *ffio sff"ffi'
xva 'l Q I"S- PoL SUB tlYcr 290t!
u 16540
120 /240?O /24O lE ro n"r
w,r (o ,a corr,oor nse ntrD N9fi,cn(tl tll@ BIIORE eEAIrO
16 PL
o
JOB
([{nl6m EErIE lIrE olo 0N ]ll1,fl) n rr E c rflrruE' '- MoN,/yR
Hl *
HOWARD I Hl I tNousrRlEs lNC.
I-AUREL MISS. USA 39440
MFG. OF DISIR|BUNON MA SFORI,IERS
oN
N)N
I
(,1
N
Io
2FBVOE6']
APPROXIMATE WEGHT: 307 LBS
IO KVA
LEGEND:
1, HIG+I VOLTAGE BUSHINC
2. LOW VOLTAGE EUSHINGS
3. PRESSTJRE REUEF VALVE
4. UFNNG LUGS
5, CO\ER GROUNO SMAP
6, HANGER ERACKETS
7. NAMEPLA]E
10, LV NzuTRAL GROUND
17. TAP CHANGER
30. TANX GROUND PROV,
NOTES:
H.r. QUOIE BV,+352 015
PER SPEC TRI-20'5 OH
0AIEo 10-12-15
]RANSFORMER COLOR IS GRAY
ANS| #70, MUNSETT sBG 7.0/0.4,
t-
I
ii
I
l_
@@
@@
HOWARD I nil ll.'tousrRlES lNC.
LAUREL IIISS USA 39440
MFG. OF DISIBIBUTIOI{ MANSFORMEFS
REVISION
nHE O8i 2,120.576
2FBV0t01
N AM EPLATE
comnr M g.'lusr rtE (f ,c 06s * r*^t*HfffffiyR
Hl *
* SERIAL NUN/BER
CITY OF VERNON
H.I, QUOTE 8V4332
ITEM NO. 015
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
REVISiON
SALES DRAWNG
MOFE (EIAIs ARE PROMOII)
olt tHE APFnoVAL DRAIi|NO
HowARD f lI tNousrRlEs lNC.
LAUREL MISS. USA JS14O
MFG, OF OISIRIEUIIOII 1RANSFORMEFS
2FBVOF61
APPROXIMAIE WEIGHT: JJs LBS
15 KVA
LEGEND:
I. HIGI] VOLTAGE BUSHING
2. LOW VOLIAGE BUS}IINGS
3, PRESSURE REUEF VAL\E
4. LFNNG LUGS
5. COVER GROUND S'TRAP
6. HANGM BRACKETS
7, NAMEPLAIE
IO. LV NEUMAL GROUND
17. TAP CHANGER
30, TANK GROUND PROV,
NOTES:
H.r. auorE gv4J32 016
PER SPEC MI-20I5 OH
DA]ED rO-12-15
TRANSFORMER COLOR IS GRAY
ANS| #70, MUNSEIT 8G 7.O/O.4.
-@
'@@
a (F@
HOWARD I Hl-l tNOUSTRIES lNC.
LAUREI- UISS. USA Jo44{)
T,{FG. OF ESIRIzu]IO 'IRANSORMERS
REVISION
2FBVOGOl
TIUE 0& 2+ 2,1,074
0222-OO4332-016
llo
NAN/[PLATE
Hownno m TNDUSTRIES'lR*'s m&#ffi-
io 1 5 l,F PoL SUB \rGT 335t9
on 6E|E!E rr ErE c P6 {u$* r* "*Hr "<j[,7vR
Hl *
+ SERIAL NUMBER
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO, O16
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWING
IIORE OETAILS ARE PROVOO
O TtlE APPnOVA! oRAllll'lC
HOWARD I r-li I tNousrnlEs lNC.
L rrREl- Mlss. usA Jg'l'lo
MFC. OF OISIR|aUTION IRANSFORI,IERS
REVISION
2FBVOG61
APPROXIMAIE VIEIGHT:
15 KVA
LEGEND:
I. HIGI{ VOLTAGE BUSHING
2. LOW VOLTAGE BUSHINGS
3, PRESSURE REIIEF VALVE
4, LIFTING LUGS
5, COVER GROUND STRAP
6. HANGER BRAC(ETS
7. NAMEPLA]E
IO. LV NzuTRAL GR(N, D
17. TAP CHANER
JO. TANK OROUND PROV
NOTES:
H.t, ouoTE Bvd,32 0'17
PER SPECIR1-2015 OH
oArED t0-12-15
TRANSFORMER COLOR IS GRAY
ANS| f7O, MUNSELL s,BC 7.O/O,4.
547 LBS
T-
I
xi
SALES DRAWNG
oErntguTl0N
HOWARD lHi-l TUOUSTRIES lNC.
LAUREL MISS. USA J944O
I,{FG. OF DISMIzuNON IRANSfOFMERS
@@
REVISION
2tBV0H01
rMe o& 2/t: 27.039
N AIVIEPLATE
* SERIAL NUMBER
CITY OF VERNON
H.I. QUOTE 8V4332
lTEl'/ NO. 017
SEE SAME ITEM NUMBER EOR
OUTLINE DRAWING
SALES DRAWNG
MOflE DETAILS ARE PROIIO@
hOWARD lfl], INDUSTRIES *,H"'' ",ffiSHxve 'l $ *$" PoL SUB v,cr 347 tu
$ 16J40
r 277 [E 12 o{s
cl s ou8 m fiz @{T.t!E FE ErO ftlIf,JClEtl tl-i@ tE sl c?EAmc
cotll6 D Ettpnaa loE 6 ro orst ilrri I Er0 lr rr nE 6 rrsEltEtflo MON/YR
Hl *
HOWARD Inil rr.rOUSrRrES rNC.
LAUREI- MISS. USA J9,{.1{)
MFG. OF DISIRIBUIK)I{ MANSFORMMS
REVISION
2F'BVOH61
APPROXIMATE WEIG|T: 452 LBS
25 KVA
LEGEND:
I. HIGH VOLTAGE BUSHING
2. LOW VOLTAGE BUSHINGS
J. PRESSURE REUEF VALVE
4. UFIING LUGS
5. COIER GROUND STRAP
6, HANGER BRACi(ETS
7, NAMEPLAIE
IO. LV NzuTRAL GROUND
17. TAP CHANGER
50. TANK GROUNO PROV.
NOTES:
H.r. ouorE Bv4J32 018
PER SPEC 'IRI-2015 OH
DA IED tO-12-15
MANSFORMER COLOR IS GRAY
ANS| #70, MUNSELL 5AC -/.o/O.+.
I
I
fliI
@ (F(@"
HOWARD I Hil tUOUSTnIES lNc.
LAUREI- MISS, USA J9,I,iO
MFG. OF DISTREUNON MANSFOR1IERS
NAriE: CITY OF VERNON
REVISION
2FBV0r01
0222-OO4332-018
NO
IlvE; odt 24120.422
NAMEPLATE
* SERIAL NUI/BER
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO. 01 B
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
UOFE OETAITS ARE PROIIDTI)
ON I}IE APPROVAI DRAVIII{O
HOWARD M INDUSTRIES *ffiJ' '#ff+ffi
KvA 25 IF Pot SUB lYcr 432t8
r 16340
| 12o /24o iE 14 o^rs
.uss drrx h rE ca t6Srl EE ft 0 lmnllgnol tFl02 tr'cfft €EMIllo
oooraB h trf,8tltr laE c F6 oEl llllt 2 fl)
^I
rc x 6 lrltt cllE,r!o MON,/YR
Hl *
TT.) LJ I-J\-/d da b .L--g}--j,
E*jj L"f a
o
50 Ef
HOWARD [! rnousrRlEs lNC.
L,AURE|- MISS. USA 59,440
MFE OF DISIRIBUTION MANSFORMMS
oNNN
I
o
UuN
Io
@
2F-BVOr61
APPROXIMA]E WEGHN 434 LBS
25 KVA
LEGEND:
1. HIGH VOLTAGE BUSHING
2, LOW VOLTAGE BUSHINOS
5, PRESSURE RELIEF VALVE
4. LIFNNG LUGS
5, COVER GROUND SMAP
6, HANCM BRACI(ETS
7 NAMEPLAIE
IO. LV NEUTRAL GRCIJND
17, TAP CHANGER
30, TANK GROUND PROV.
NOTES:
H.t. QUOIE 8V4332 019
PER SPEC m1-2015 0H
DATED l0-12-15
MANSFORMM COLOR IS GRAY
ANS| #7O, MUNSEIT sBG 7.O/O.4
REVISION
T-
I
xi
l_
L_,s.Jf-
@@
HOWARD IU,'l TNOUSTRIES lNC.
LAUREL MISS. USA 3944{)
MFG. Of US]FIBU'TION IRAIISFORMERS
TIME oar 24rJ2 06?
2FBVOJOl
SALES ORAWNG
NAMEPLATE
CITY OF VERNON
H.I, QUOTE 8V4332
ITEM NO, 019
SEE SAME ITEM NUN/BER FOR
OUTLINE DRAWING
0222-10+332-019
N0,
HowARD ITil rmousrnlEs lNC.
LAUREI. MISS. USA 3944{)
MFG. OF OIS]NIBUTION ]RAI{SFOAT,IERS
SALES DRAWING
ltoaE oErAls AflE PRO!1080
ON lllE APPRoVAL DRAI'ING
HOWARD [EIil [rtoustRtEs *ffi* ffi*ffi
xv,r 25 [# PCr- SUB wcr 434,,
+ 16340
r 211 lE 15 saj
sji oux oo tc cofiiat! osE RsrD srntgrr{ r+!02 EFof€ ed^ lo
ffrs m EEOEr EE O rO 0!Sl 8i 2 E0 Ar !E !E C llDlrrlrf;- fiD MON/YR
Hl *
* SERIAL NUMBER
REVISION
2FBVOJ61
oNNN
I
o
uN
Io
@
APPROXIMATE WEIGHT: 530 LBS
37.5 KVA
LEGEND:
1. HIGH VOLTAGE BUSHING
2, LOW VOLTAGE EJSI.IINGS
3. PRESSUFE RELIEF VALVE
4. LIFNNG LUCS
5, COVER CROUND SIRAP
6, HANER BRACKETS
7. NAMEPLA'IE
IO. LV NEUIRAL GROUND
17. TAP CHANGER
JO, TANK GROUNO PROV.
--*-a-tD
NOTES:
H.l. QUoIE 8V4332 020
PER SPEC IRI-2015 OH
DAIED 10-12-ls
SALES DRAWNG
DISM|BJ-IIOiI
MANSFORMER COLOR IS GRAY
ANS| fr/0, MUNSELT 1Bc 7.O/O.4.
s (F@
HOWARD I ni] rnousrnlES lNC,
LAUREI- MISS. USA 5S44O
MFG, OF OIS'IRIBI,TION TRANSFOfl MERS
0222-OO4332-O20
NO
2FBVOKOl
nME 0& 24| J6,O€l
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
tTEtil NO. 020
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE OETAIIS ARE PSOVOED
ON lhE APPROVAI
HowARD m TNDUSTRTES "r'ffi'F ffiffi
xv,q 3 7, 5 &TF PoL SU B rvcr 550 tE
16340
120/2407_O /24O ;'a 17 oas
o{rfi 50 tc cotr.oa! RE iEto u$flEltcll tFlm Eofi! eerrio
r-ffi--TrEl m H? fl--
c0nEn & ErEull laB cIo oai r* r.r.t *ff frm7yR
Hl *
* SERIAL NUMBER
HowARD ffl |NOUSTnIES lNC.
t AURET- UrsS. USA J944{)
MfG. OF DISIRIEUTION ]RANSFONMMS
oNNN
I
o
N
Io
N)o
2FBVOK61
APPROXIMAlE WEIGHN
37,5 KVA
LEGEND:
1, HIGH VOLTAGE BUSHING
2, LOW VOLTAGE BUSIINGS
3. PRESSURE RELIEF VALIE
4 LIFTINO LUGS
5, COVER GROUND SIRAP
6. HANGER BRACKETS
7. NAMEPLA'IE
10, LV NEUTRAL GROUND
17, TAP CHANGER
30. TANK GROUNO PROV,
NOTES:
H,r. auoTE 8V4352 021
PER SPEC 'IRI-20I5 OH
DAIED 10-12-15
TRANSFORMER COLOR IS GRAY
ANS| f/0, MUNSELL 5BA 7.O/O.4.
527 LBS
t
I
ftI
@@
HowARD I Hil truousrnlES lNC.
LAUREI. UISS. USA Jgl4O
MFG. OF DIS'IRIBUIIO}I TEANSFORMI8S
REVISION
2FBVOLOi
nHE 0S:2457,03e
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO, 021
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE OE'AIS ARE PROVIOED
ON I}E APPEOVAL ORAViINO
HowARD ffio tttousrRtrs uuffi"s sxq! ,,'^:r
xvr 37.5&F PoLSUB wcr 527 t8
v 16340
r 277 lE 17 o.,
q,rs inr,x o ra odtr,cot oe nEro latr6lctotl [-ro2 EF{,E eBArno
o
T' E,
m{rrs lo tE@ua.E u\E- c ?0t 0as tux 2 E) lr !I n- c urincrDarFo MoN/YR
Hl t
* SERIAL NUMBER
HOWARD J Hil TNOUSTRIES lNC.
LAUREI- MISS. USA 39J4O
IJFG, OF OISTRIEUNON TRANSFOff I'IERS
REVISION
2FB VOL61
0222-104332-021
ll(I
APPROXIMAIE WEIGHT: 644 LBS
50 KVA
LEGEND:
1, HIGII VOLTAGE SUSTiING
2. LOVi IOLTAGE BUSHINGS
3. PRESSURE REUEF VALVE
4. UFTING LUCS
5. COVER GFOUNO SIRAP
6, HANGER BRAC(ETS
7. NAMEPLA'TE
IO. LV NEUIRAL GROUND
17. TAP CHANGER
30. TANK GROUND PROV.
NOTES:
H.t. ouorE 8v4332 022
Pm sPEc lRl-2015 0H
0ArE0 10-12-15
MANSFORMER COLOR IS GRAY
ANS| #70, MUNSEIT 5Ea 7.o/o 4.
I
I
s
It-
L- r*J+--*--+
D (F@
HowARD fHi I tttousrnlEs lNC.
LAUREI. MISS, USA JO44{)
MFO OF DISIRIBUIION MANSFOflIJERS
REVISION
nvE: 0&2/tr40Is2
2FBVON/01
T-
I
E
II SALES DRAWNG
NAMEPLATE
lowRno mINDUSTRIES *ffi'5 ffiffi'
va 50 &f PoL SUB v,icr 6448
Eruas ro 0EtEntl ux. t il 0E! r , F{ [ rE c gflclE' ** MoN/YR
Hl *
* SERIAL NUI\4BER
CITY OF VERNON
H,I. QUOTE 8V4332
lTEt\i NO. 022
SEE SAME IIEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
I.iORE OETNLS I.IE PROVIOED
ON ltE APPROVAL ORAltElo
HOWARD [! tttousrnlEs lNC.
LAUREI- MISS, USA 594-1{)
MFG. OF DISTRIBU TION TRANSFORMERS
NAME: LASER NAMEPLA]E
REVISION
NNN
I
o
or
N]
IoN
N)
2FBVOM61
APPROXIMA'IE wElGHTr 639 LBS
50 KVA
LEGEND:
1 HIGH VOI.TAGE BUSHING
2. LOW VOLTAGE EUSHINGS
5. PRESSUFE REUEF VALVE
4, LIFTING LUGS
5. COVER GROUND SMAP
6. HANCER BRACKETS
7, NAMEPLAIE
IO, LV NEU]RAL GROUND
17, TAP CHANGER
JO. TANI( GROUND PROV.
NOTES:
H.r. QUOTE 8V4332 023
PER SPEC ml-2015 0H
DAIED 10-12-i5
IRANSFORMER COLOR IS GRAY
ANS| tr/o, MUNSELT sBG 7.O/O.4
1-
t_
HOWARD I HiI INOUSTRIES INC'
LAUREI- MISS, USA 391'tO
MFG. OF OISTRIBJ T]ON TRANSFORMERS
flMe OA:24: ,R ,296
2FBVONOl
t*SALES DRAWING
0222-OO4332-O23
t{o,
@@
NAIVEPLATE
+ SERIAL NUMBER
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO. 023
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE DETALS ARE PROVDED
OtI IHE APPROVAT ORAWNG
-HowARD ffiltttousrntrs "w* 'm"gam'
KvA 50 3"t" PoL SU B wcr 639,u
r 16340t,277 m 22n's
o-.ss iui m oz c(llrot rdsE Rrao rrtlruclloll HFIql EIRE @rnNo
cflrirG xo mEaral raa. c ru tEs rxa r E) n nE Ir C Ixrt clrErrlo MON/YR
Hl *
HowARD I Hil rr\ousrRlEs lNc.
LAUREI. MISS, USA J944O
MFO, OT DISTRIBUTION TRANSFOR EFS
oNNN
I
o
orN
IoN
2FBVON6.I
APPRoXIMAIE WEIGHT: 952 LBS
75 KVA
LEGEND:
I. HIGH VOLTAGE BUSHING
2. LOW VOLTAGE BU$NNGS
3. PRESSURE RELIEF VALVE
4. UFNNG LUGS
5. CO\ER GROUND STRAP
6, HANGES BRACKETS
7. NAI,IE?I.A'IE
10, LV NA'MAL GRO{.',NO
17. TAP CHANGER
50. TANK GROI,,NO PROV.
NOTES:
H.t. QrJorE 8V4332 024
PER SPEC TR1_20'I5 OH
DA.IEo l0-12-15
I
l_
TRANSFORMER COLOR IS GRAY
ANS| t/0, MUNSEIT 5Be 7.0/O4
L-.rr*J
l"i- -,,,-l
@ (F@
HOWARD It-l,l tNousrRlES lNC.
uuRa- Mlss. usA J914O
MFG. OF OTSMEUTION MANSFORIiERS
2F8V0001
CIW OF VERNON
n E Ol| 24{ 45,496
NAMEPLATE
0222-104332-024
NO.
CITY OF VERNON
H.I. QUOTE 8V4332
tTE|V NO, 024
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
SALE
MOFE O
Oi{ THE
Gownno U[0 tNDUSTRIES *,8* i;tsgffi'
xv,r 7 5 [S PoL SU B lv6r 952 tB
c I,16 $ qlEnar Ers oa E o8l llr{l , H0 rt ft EE (f g anlrl,". MON/YR
Hl *
+ SERIAL NUMBER
HOWARD I riil ttrtousrRlEs lNC.
LAURET- MISS USA 594.{0
MFG. Of DiSTAIBUNON TRANSFMMBS
2F8V0061
APPROXIMA'IE WEIGHT: 955 LBS
75 KVA
LEGEND:
1. HIG+I VOLTAOE BUSHING
2. LOW \OL-TAGE BUSHINGS
J. PRESSJRE RELIEF VALVE
4. UFNNG LUGS
5. COVER GROUND S1RAP
6. HANGER BRACKETS
7. NAMEPLA]E
10. LV NEUMAL CROUND
17. TAP O{ANGER
30. TANK GROUND PROV,
NOTES:
H.t, ouoTE 9v4332 025
PER PEC IR1-20I5 OH
DATED 10-r2-15
MANSFORMER COLOR IS GRAY
ANSi #70, MUNS4T SBG 7.O/O.4,
0222-OO4332-025
NO
Td
I
L-r.r-J
+-.,'-l-]
HOWARD fHil tNOusrRlES lNC.
L UREI" MISS. USA 39440
MFC, OF DISTRIBI']ION TRANSFMMERS
REVISION
n[E OA:2+46,7,
2FBVOPOl
t-
I
I
H
I
I
@@
N AMEPLATE
(dfls fio E'Enar laE6E oES *'o ^t* ff fiaffiyn
Hl *
* SERIAL NUMBER
CITY OF VERNON
H.I. QUOTE 8V4332
lTElvl NO. 025
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWNG
SALES DRAWNG
MOflE DETIII.S ARE PROVIOED
or{ 1}l€ APPnovAl 0FAnlNG
HOWARD [l tttOUSrRlES lNC.
LAUREI- MISS USA 59440
MFG. OF DISIRIEUIION 1RANSFORMERS
NAME: LASER NAMEPLATE
REVISION
2FBVOP61
oz22-1o4*r-o25
N0,
APPROXIMATE WEGtIT: 1117 LBS
100 KVA
LEGEND:
I. HIGTI VOLIAGE BUSHING
2, LOW VOITAGE BUSHINGS
J, MESSURE REUEF VALVE
4. UFNNG LUGS
5, CO\ER GROUND S1RAP
6. HANGER BRACKETS
7. NAMEPTATE
10. LV NEUTRAL GROUNO
17. TAP CHANGER
30, TAN( GROUND PROV
NOTES:
H.t. ouolE 8V4332 026
PER SPEC TRI-2015 OH
DA1Eo 10-12-15
MANSFORMER COLOR IS GRAY
ANSI #70, MUNSTLL sBC 7O/O4
L- 23.e$ Jll-.r.r.-+
p B@
HOWARD I Hil tttousrRlES INC'
LAUREL MISS USA 39{40
MFG. OF OISIRIBU-IION'TRANSFOFMERS
TIUE: 00:24610t7
2FBVOQOl
I
sl
l SALES DRAWNG
0222-OO4332-026
NO,
NAMEPLATE
CITY OF VERNON
H.I, QUOTE 8V4332
ITEM NO. 026
SEE SAME ITEM NUI/BER FOR
OUTLINE DRAW]NG
SALES DRAWNG
MOFE DETAILS ANE PaOVOED
ON II,IE APPROVAL ORASII{G
HOWARD [M INDUSTRIES "ffi" ffiSH
KvA 100 IF Pot SUB vlBT 1117tc
$ 16340
mdE lo *IDrar rltE lflo [El [
'
n4 Ar !E IEd rirfldtt,fco MoN/YR
Hl *
* SERIAL NUMBER
HowARD [Hil rNousrRrES rNC.
LAUREL, MISS. USA 39{40
UFG. OF OTSIRIEUTIOI! MANSFORMERS
REVISION
oNN
N)
I
o
(,
N
IoN'o
2FBVOQ6l
APPROXIMATE WEGHT: 1149 LBS
1OO KVA
LEGEND:
1. HIGI] VOLTAGE BUSHING
2. LOW VOLTAGE EUSHINOS
3. PRESSJRE REUEF VAL\iE
4, UMNG LUGS
5. COVER GROUND SIRAP
6. HANGER ERACKETS
7, NAMEPLA]E
tO. LV NEUTRAL GROUND
17. TAP OIANGER
50, TANK GROUND PROV.
NOTES:
H.l. ouorE 8v4332 027
PF]R SPEC TR1-2OI5 OH
DATED 10-r 2-15
MANSFORMER COLOR IS GRAY
ANS1 f,/o, MUNS€rr sBG 7.O/O.4,
II
F.""r---l
F-.r8so_-
HOWARD I Ui-l TNOUSTRIES lNC.
LAIREI- MISS. USA J944O
MFC, OF DSIEIBUTIfi IRANSFOFMERS
REVISION
2FBVOROl
-r
Ig
1_
SALES DRAV/ING
IME: oa:2+ 34,,reJ
NAMEPLATE
CITY OF VERNON
H.I. QUOTE 8V4332
ITEM NO, 027
SEE SAME ITEM NUMBER FOR
OUTLINE DRAWING
SALES DRAWNG
MORE OEIIILS ARE PNOVDE
Ot] ]HE IfPflOVAL ORAVIINO
HOWARD M INDUSTRIES ".F* I"E!#ffi
Kv 100 &F PoL SUB v,cr 1149t8
r 16340;277 lE 3e *
cl $t alrllt ao tlz colfr,lo aE€ EA! lNlnarctLll tFlorl EoE eEilllllo
(tfir!6 ll EAn Ar rlfl O Pt8 0r.:s nuJl I I'c) Ar ft Ea (, IllrtEra' ,rED MoN/YR
Hl *
* SERIAL NUMBER
HOWARD [l tttoUsrnlEs lNC.
LAUREI. MISS. USA JS44O
MFC. OF DIS]RIEUIION 1RANSFORUERS
IEUE: LASER NAMEPLATE
oNNN
I
o
or(nN
IoN-J
2FBVOR61
SIGNATI"IRE PP.GE ,qND tEGAt STATUS
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to
Bid by
Legal status of bidder;
(Name of Firm)
Please check the appropriate box
I- Corporation/LLC State of lncorporation DELAWARE
Partnership List Members (attach additional sheets if necessary):
DBA State tull name
Other
Signature of Bidd
Address 1314O ALONDR BLVD.City CERRlTOS5,ate GA Zip
Telephone No. ( s62)356-2942
Signed this 13TH day of NOVEMBER ,2013
ADDENDUM NO.BIDDER'S INITIALS
enter into a contract should the City accept this bid.
WESCO DISTRIBUTION ING
1.
2.
3.
uthorized SiBnatu re)
UNIT'PRIEE BID FORM
CITY OF VERNON GAS & DLECTRIC
OVERHEAD TRANSFORMER TECHNTCAL REQUIRDMENTS
Transformer ratings rlsed by thc city of City of Vcrnon
nlrd expected plrrthasiDg quantitics
Note 1: Priee loid shall include all federal, stato,local and other taxes.
Page I of I
II LlI PRI}IARY
voLlACu
SI'CONDARY
VOT,TACE ttATIrr-C (livA)CI'I'Y STOCI(
col)ti
Numbcl.ofuIits
cr0.cted tl, be
or'dcle(l b) city
BID PDR UNIT
ORDIR0D, !g!ql
1 7200/12470Y t20t240 l0 700't,12 638.74
2 7200 24',10'{t20t?.40 i5 2003 15 725.40
l 7200^x4'70l 27 ,1 i5 2004 12 745.25
't2o0t 12410v 120t2,t0 25 200s 'tL 866.01
1?.00t 1247 0Y 2'/'t 2006 497,62
6 7200/L2it7IY 12U240 3',t.5 2001 1,t r038.23
7200fi2470Y 271 37.3 2008 1066.02
B 't200 t 12470Y fi,o/2,!0 50 2009 11 1256.23
9 7100 2410Y 27'7 50 2010 t,1197.91
t0 7200^2470Y 11.0t2,t0 75 201 r 9 1693.32
1l 12001t2470Y 2012 t2 ,t 503.66
t2 7200t 124't 0Y l20t21l)100 20ll t2 2713.O1
l3 7200t t24'7 0v 2'77 100 201.1 t1 2463.40
ld r6340 t2011,40 t0 202.!t?.665.72
l5 163,10 27'l l0 2025 t 676,24
16 16t40 t201210 t5 202 6 12 765.51
l7 16340 21'l l5 202'l t2 761,91
iu r6340 120t2$)2028 IB a72.OO
l9 l6J.l0 23 2029 t2 922.14
2{)16.]40 12012ltl 2030 l3 1095.45
2l 163J0 2'17 31.5 2031 !ii '1o52,40
22 163J0 120/210 50 2032 2t 1274.21
23 16340 2',7'7 50 2033 t5 1249,14
r6340 t20t2t0 75 2t)34 12 2019.23
23 r6340 't5 20t5 t2 .t 54.r.26
r6J40 120t210 100 2036 9 2727,14
2't 163.t0 217 100 2037 t2 2501.01I
AI,'FIDAVIT OIr NON-COt,LUSIOII BY COtlTtL.\CTOil
STATE OF CALIFOMIIA IS.S
COANTY OF LOS ANGELES}
ALLEN HUNTER
(los _Sok Owm', ''P lml', P' esidcnt ", - Sc.Griry , or otlh Eopu nrlc)
of wEsco DtsTRtBUTtoN tNc.
(trBert namc ofbicder)
rvho submits herewilh to the City or Veruon a proposal;
That all statemer)ts of fact in such proposal are truc;
above informatiou is correct
BY: ALLEN HUNTER
being fir-st duly sworn deposes
That sLrch proposal was not made in the inlelest ofor on behalfofany unclisclosed person,
Parrrrelship, cornpany. association. orgnnizltiou ot cotpomlton:
That such ploposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreemen! cotnmttnication ot con[eteuce with
anyone attempted to induce action prejudicial to the intercst ofthe City ofVcmon, ot ofany
other bidder or anyone else intelested in the proposed contmcr; and ftutlter
That prior to thc public opening and leading ofploposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone elsc to subrnit a lalse or shatn ptoposal;
b.Did not dilectly or indirectly, collLrde, conspire, connive or agree with anyore eLse that saicl biclder or
anyorre else would submit a false or sham proposal, ol lhat anyone shotrld refraitt ftom bidding or
withdraw his proposal;
Did not, in any manner, dircctly ol indirectly seel< by agreement, communication or confettnce with
anyone to laise or fix the proposal price of said biddel or of anyone else, or to mise o[ fix any ovethead
profit ol cosl elemeLrt ofthis proposal pr:ice, or oftltat ofanyone else;
Did not, dilectly or inditectly, subrnit his pr;oposal pricc ol any breakdown thereof, or the contents
thereof, or divulgc information or data rela[ive thereto, to nay cotporation, paftnelship, company,
association, otgalizatir.:n, bid depository, or to any member ot agent thereof, ol to any individual or
group of individuals, except tlre City ofVernon, ot to any person or pelsons who have a pallnership or
other financial interest with bidder in his business.
d.
Date: NOVEMBER 13,2O15
thal
Title: REGION OPERATIONS MANAGER
llenelor [.ist QuestiotnAllg
Affidev]t of Egqql
ln order to be placed to the City's vendor list and be eligible to receive City business,
you must provide the following information. tly submitting this form you are declaring
under penalty of perjury under the laws of the State of California and the laws of the
United States that the information is true and correct. F-'urthermore, you are certifying
that your firm will adhere to equal opportunity employment practices io assure that
applicants and employees are not discriminated against because of their race, religion,
color, national origin, ancestry, disability, sex or age. And, your firm does not and will
not maintain or provide for iis employees any segregated facilities at any of its
establishments, and that it does not ancl will not permit its ernployees to perform their
services at any location, under its conlrol, where segregated facilities are maintained.
Name of Company WESCO DISTRIBUTION INC.tsusiness TelePhone 562-356'2942
Address 13140 ALONDRA BLVD.FaxNumber s62-463-5105
CERRITOS Slate
Contact Person Ltsa cRovEs E-mail Address LGROVES@WESCO.COM
Tax lD Number (or Social Security Number)25-1723345
Rem it Address (if different)
Please state clearly and concisely the type(s) of goods and services your company
provides:
UTILITY ELECTRICAL MATERIAL
zipCity
30
Cooper Power Systems
i'v trl.tJ
Cooper Power Systems Proposal Number: 8EBO569895 Date: November 02, 2015
Revision 00 Proposal Valid Through: February'14, 2016
Proposal Details
Terms oI Sale: FOB Destination - Freight Prepaid and Allowed
Payment Terms: Within 45 Days Due Net
Proposal Valid Through: February'14, 2016
Base Price
Prices quoted are Base Prices only and are subject to quarterly price adjustments via PPI # WPU'117409
at time of order, as delined below. Base Prices will be fixed for Q4 of 2015.
Price Adjustrnent Base lndex period
The base period for the PPI index in this pricing ad.iustment model will be delined as August 20'15.
Adjustment timing
The adjustment for Q1 20'16 will be announced mid-month preceding the new quarter and will be effective
for orders starting the first day of lhe new quarter. Example: Ql 2016 pricing adjustments will be
announced December 15th, 201 5 and the change in price will be effective January 1st, 2016.
Price Adjustrnent Components
The PPI index is maintained by the US Department of Labor and can be accessed by direciing your
lnternet browser to htlp://data.bls.gov/cgi-bin/srgate
1) Enter WPUI 17409 under series number
2) Select next
3) Select Retrieve data
A base index value will be defined as August 2015. All adiustrnents to price will be determined based
upon this start point
Adjustment calculation:
Example,
Preliminary August 2015 PPI value = '188.5
From the date of this quote through December 31st,2015 the price adjustmenl is to be defined as 0% On
December 1sth the posted November 201 5 value will be used to determine the percentage change from
August 2015. lf the August value equals 191 .7. the percent change in PPI will be +1.70o/o
Calculation: Price lndex ad.iustment value = ('191 .7-188.5y188.5= +1 .70
S12000 quoted base price.
$12000 X 1.7ook = $204.oo
$12000 + $204-00 = $12204.00
This is the new price for orders between January 1st, 2016 and March 31st, 20'16.
Note that the indices are stated as preliminary values but we consider the preliminary values as final
values for the calculations.
Orders are accepted subject to Eaton's Cooper Power Systems Terms and Conditions of Sale that are
included or have been provided previously to the buyer.
Proposal number and item number should be referenced on purchase order.
Quoted lead-times are based on current factory loading and are subject to change.
1319 Lincoln Avenue Waukesha, Wl 53186
Phone:(262)524-3393 Fax:770-268-7545 E-Mail: PatriciaAButryn@Eaton.com
Page 2 of 6
Thrs bd co.rans proieclgd, p.opnetary and .dfdenial marend ,ral coitsrilurE eilhd (l) t-ade secets and (2) commercial or
fi.amrd rnformalton, ln€ disd6ure ofwhich MUld cause subEdlral cmpeffNe ham to Cooper PMer Systems, LLC
Cooper Power Systems Proposal Number: BEBO569895
Revision 00
Cooper Power Systems
b! t:y.E
Date: November 02, 2015
Proposal Valid Through: February 14,2016
Lead-time: Shipment is based on receipt of all required order information at Cooper Power Systems, X
and Y (where applicable) are defined in the ltem Oetails for each line item on this proposal.
We now offer complete services for all your power distribution and automation needs. We have lhe
industry's largest Electrical Power Equipment Manufacturer's Service Team, which provides 24 hour
service. We provide starl-up and commissioning; power system analysis including Arc Flash, Harmonics
and other studies; preventive maintenance, testing and field trouble-shooting; multi-year service
contracts; power system automation engineering, monitoring and training; aftermarket life extension
solutionsi as well as turnkey pro.ject capabilities- ln addition to the services that we can provide for the
equipment contained within this proposal, our Service Team is experienced on all manufacturers'
electrical power distribution equipment, so please contact us about any electrical system problem. lf you
need immediate service, you can contact the Representative who provided this proposal.
ln the event Buyer cancels lhis agreement after award, the following will be charged as a percentage of
the order price of each item cancelled: After award, before engineering has begun: 2lo/o. Allet
engineering has begun, betore production firm schedule date: 50%. After production frrm schedule date,
before fabrication: 70%. After fabrication has begun: 100%
Lead times quoted are based on accurate and complete informalion Irom the customer. lf additional
information or clarifications are required, a delayed response from the customer may affect the ship
date(s) of the unit(s). The manufacturer cannot be held accountable for such delays.
Only routine tests as defined per IEEE C57.12.00-20'10, Table'18 shall be performed on all transformers.
Additional design tests can be provided at additional cost. Short circuit testing shall notbe performed.
Dimensions provided are approximate and subject to change.
All 1 phase overhead tsansformers will be designed and manufactured in accordance with the latest
revision of IEEE Standards C57.12.20.
Section 3.1.8 - Transformers shall be designed per IEEE C57.12.00, C57.'12.20, and C57.91 (Loading
Guide).
Section 3.2.A - Cooper Power Systems does not endorse the practices stated. Recommended safe
moving and handling procedures are detailed in the Single-Phase Overhead Distribution Transformers
lnstallation and Mainlenance manual (S20'l -10-1) that will accompany the transformer. Transformers shall
be designed per lEEe C57.'12.31 - Enclosure integrity requirements.
Section 3.2-B & 3.4 - Transformers shall be designed per IEEE C57.12 00 and C57.91 (Loading Guide)
in lieu of a 3o-year life.
Section 5.3.A - 2-2.5y. laps above and below rated voltage shall be provided in lieu of the tap voltages
specified for 16,340V units.
Section 5 4.8 - Transformers will be provided with a 50 SCFIVI pressure relief device.
Section 5.5 - Tank shall have a recessed bottom- Coatings and surface preparation system shall be
Eaton's Cooper Power Systems' standard, which is in compliance with IEEE C57.12.31 performance
requirements.
1319 Lincoln Avenue Waukesha, Wl 53186
Phone:(262)524-3393 Fax: 770-26A-7545 E-Mail: PatriciaAButryn@Eaton.com
Page 3 of 6
Thls bll co^larns protecGd, pr@riotary and @nndmdar Dlqial lhat co6tiluies eilhq (1) D€de sesels and (2)comercial or
ntrarcial rntorrol,m, the dsdosure ol which rculd ctue subslalial competlrE ham lo CooFcr Poc Syslems, LLC
cooper Power Systems Proposal Number: 8EB0569895
Revision 00
Cooper Power Systems
r,r, ;T.iE
Date: November 02, 2015
Proposal Valid Through: February 14,2016
Section 5.6.8 - Transformers shall be designed per IEEE C57.12.31 - Enclosure integrity requirements.
Tank shall be built to withstand a direct blow of 80 in-lb.
Section 5.7 - Tank cover will be secured with a cover band ring in lieu of a bolted cover.
Section 5.8 - Units 100 kVA and below shall be provided with eyebolt terminals on the low-voltage
bushings, and 167 kVA units shall be provided with H Spades.
Section 5.14 - Nameplate shall be anodized aluminum in lieu of stainless sieel. Nameplate shall be
mounted to the hanger bracket. Transformer nameplate shall state, "Non-PCB Mineral Oil - when
manufactured contained less than 1 PPM PCB.'
Spec Section 6.1.A - Certified test reports will be provided within thirty (30) days of transformer shipment.
Spec Section 6.1 .C - Guaranteed maximum nojoad and load losses shall be provided at 100% of rated
voltage only. See item details for losses.
Spec Section 8.0 - Eaton's Cooper Power Systems' standard limited warranty covers any defect which
shall appear under proper and normal use of its equipment within one ('l ) year after date of shipment or
within one (1) year after installation of the equipment, but not exceeding eighteen (18) months from date
of shipment.
Transformer tank wall and cover shall have a steel gauge ol 12-14. Tank bottom shall have a steel gauge
ol 10-'14.
Item 12(2013) and item 26(2036) have been quoted with 1 1/4 double polymer eyebolts in lieu of
porcelain eyebolt.
Item 13(2014) and ilem 27(20371have been quoted with porcelain two hole spades in lieu of porcelain
eyebolt.
13'19 Lincoln Avenue Waukesha, W 53186
Phone; (262) 524-3393 Fax: 77 0-268-7 545 E-NIail: PatriciaAButryn@Eaton.com
Page 4 of 6
Ihis bld conlaiB prolecled, prcpnelary Bnd @nfdslial mabnaltat co6litul6 elher(l) lrade sseE and (2) cmmrci6l d
66cld inhfmarion, lhe dsctGure of which wdld @u* sL-bstanlial @mpelilive hm io C€oper Porer Syslems, LLC
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eBfty mff Verffiffi$t
Speeification No. TRl-2015 0H
Funnish and Deliven
Overhead Distribution Transformers
For the
Eepartrnent of Gas & Electrie
eity of Vernorr
NOTICE INVITING BIDS
To Furnish and Deliver
Overhead Distribution Transformers
Department of Gas & Electric
Three (3) copies of sealed bids will be received prior to Monday, November
1"6,20L5 2:00 PM by the City Clerk,4305 Santa Fe Avenue, Vernon, CA
90058, and will be opened at that time and place.
The bids shall be clearly titled. Copies of the Specifications may be obtained
by mail, City of Vernon Website or in person from the Gas & Electric
Division,4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323)
583-8811 Ext. 825
Refer to the specifications for complete details and bidding requirements.
Transformers sizes and anticipated order quantities are identified in the
Attachment Unit Price Bid Form. The specification and this notice shall be
considered a part of any contract made pursuant thereunder.
2
eity of Vernon
lnstructions for Bidders
And
Speeification No" TRl.-2015 0H
Overheacl Distriirution Transformers
City personnel with whom prospective bidders willdeal with are:
Ali Nour, Department Gas & Electric, 4305 Santa Fe Avenue, Vernon, CA 9005B
(323) sB3-8811 Ext. 316
Javier Valdez, Department Gas & Electric, 4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811 Ext. 825
Marisela Martinez, Purchasing Division, 4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811 Ext. 235
Bid opening time is 2:00 PM Monday, Novemlrer 16, 2015
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue,
Vernon, CA 90058
The bid must be received by the city Clerk prior to the time set for bid opening. A bid
received by the City Clerk after the time set for the bid opening shall not be considered.
3
'I.At][-E OIJ CONTENTS
PAGE
NOTICE Ii\VI'I'ING BIDS
PAnT l: EEQUIREMENTS AND lt\STRUCTIONS 10 BIDDERS 6
1.0 GEN]ERAI. INSTRUETIONS
i .1 General Bid Requirements 6
L.2 Bidder Must Make Thorough nvestigation 6
13 Acceptance oF Conditions 6
1,4 Truth and Accuracy of Representation 7
City Changes to the Bid Documents 7
l6 Notice Regarding Disclosule of Contenl.s of DocJments 1
I.1 . Award of Bid and Determination of Re5ponsiveness 7
1B Error and Omissions ti
1.9 Patent Fees; Patent, copVr ght, Trade Secret and Trademark Fees B
1.10 Taxes 8
2.0 sPECrAt elTY REQUIREMENlS B
2.1 Living Wage Ordinance and Prevailing Wage Where Applicable 9
22 Equal Employment Opportunity ln ContractinE 9
2.3 Affidavit of Non-Collusion by Contractor 9
2.4 Local Preferences 9
3.0 GENERAL SPECIFICAI'IONS 9
31 Bid Order Quantities 9
3.2 Evaluation of Bid 10
3.3 Total Ownership Cost 0
34 Award of Contract 1.0
35 Duration of ContracL 10
3.6 Sample Purchase Contract 1.1
3.7 License and Permits 11
Substitution For Patented and Specified Articles 11
Bid Your Ful Equal or Better 11
:t.10 Exceptions and Exclusions 11
3. 11 Liability lnsurance 1,1,
Order and Delivery 11
For Delivery 72
3.1,4 Most Favorite Customer 12
4.4 DOCUMENTATION 12
4.1 For Bid EvaluaLion 1,2
pARTll: DETAITEDTECHNICAL REQUIREMENTS.-................1.4
25
SIGNATURE PAGE AND LEGAL STATUS
Afi'ACHMENTS.....26
I
4
BIDDER'S CHECKLIST
UNIT PRICE BID FORM
AFFiDAVIT OF NON.COTLUSION
VENDOR LIST QU ESTIONNA]RE
PU RCI.IAsT CONTRACT
LIABILITY INSU RANCE REQUIRMENTS
Exhibit A _ LIVING WAGE ORDINANCE AND PREVAIL]NG WAGE
EXhibit O _ EQUAL EMPLOYMENT OPPORTUNITY ]N CONTRACTING
5
1..0 GENERAL INSTRUCTIONS
1.1 GENERAL BID REQUIREMENTS: To be considered, a bidder must follow rhe
format for bids in the specifications. Bids must be binding and firm. Any bids
may be withdrawn before bid opening but not for 90 days after opening.
1.2 BIDDER IVIUST MAKE THOROUGH INVESTIGATION: It iS the biddc/S
responsibility to examine the location of lhe proposed work, to fully acquaint
themselves with the specifications and the nature of the work to be done. The
bidder shall have no claim against the City based upon ignorance of the nature
and requirements of the proiect, misapprehension of site conditions, or
m isunderstanding of the specifications or contract provisions.
1.3 ACCEPTANCE OF CONDITIONS: By submitting a bid, each bidder expressly
agrees to and accept the following condition:
1.3.1 All parts of the lnstrucLions to Bidders and Specifications will
become part of the Contract between the selected bidder and the
City;
f3.2 The City may require whatever evtdence is deemed necessary
relative to the bidder's financial stability and ability to complete
this project;
1.3.3 The City reserves the right Lo request furrher information from
the bidder, either in wriLing or orally, to establish any stated
qualifications;
1.3.4 The City reserves the right to solely.iudge the bidder's
representations, and to solely determine whether the bidder is
qualified to undertake the project pursuant to the criteria set
forth herein. The bidder, by submitting a bid, expressly
acknowledges and agrees that the judgment of the City as to
whether or not the bidder is qualified to perform the project, shall
be final, binding and conclusive;
1.3.5 The City reserves the right to reiect all bids, waive any irregularity
in any of the bids, or cancel or delay the proiect at any tlme;
1.3-6 This bidding process does not commit the City to award any
contract, and the city is not liable for any cost incurred by the
bidder in the preparation and submission of a bid.
1.4
:1.5
TRUTII AND ACCURACY OF REPRESENTAIlQ-llj False, incomplete or
unresponsive statements in connection with the bid may be sufficient cause for
rejection of a bidder.
CITY CHANGES TO THE BID DOCUMENTS: The City reserves the right to change
any part of these lnstructions to Bidders and Specifications any time prior to the
bid opening. Any changes shall be in the form of addenda and will become a part
of the bid documents and of the contract. Addenda shall be made available to
each bidder. Bidders must return a signed acknowledgement to receipt for cach
addendum with their bid. The receipt acknowledgment of all addenda will cause
the bid to be deemed incomplete and nonresponsive. lf the City determines that
a time e)dension is required for the bid, the addenda will give the new
submission date.
NOTICE REGARDING DISCLOSURE OF CoNTENTS OF DOCUMENTS: All bids
accepted by the City shall become the exclusive property of the City. Upon
opening, all bids accepted by the City shall become a matter of public records
and shall be regarded as publlc, with the exception of those elements of each bid
which are identified by the bidder as business or trade secrets any plainly marked
as " trade secret," " confidential," or "proprietary." Each element of a bid which a
bidder desires not to be considcred a public record must be clearly marked as set
forrh above, and any blanket statements (i.e., regarding entire pages,
documents, or other non-speciflc designations) shall not be sufficient and shall
not bind the CitV in any way whatsoever. lf disclosure is required under the
Calil'ornia Public Records Ac[ or otherwise by law (despite the bidder's request
for confidentiality), the City shall not in any way be liable or responsible for the
disclosure of any such records or part thereof.
AWARD OF BID AND DETERMINATION OF RESPONSIVENESS: PUTChASE OTdCTS
shall be awarded to the lowest responsive and responsible bidder for each of the
items listed on the unit price bid form. Responsiveness is determined based
upon whether the proposal meets all of the requirements of the bid. The City
will use the "Total Owing eost (TOCI formula" to determine the lowest total
cost. ln determining whether a bidder is responsible, the following shall be
considered:
1.6
1..7
1,.7 -1, The quality of the material or service offered;
7
1.7 .2 The ability, capacity and skill of the bidder to perform the contract
or provide the material or services;
1.7.3 Whether the bidder can perforrn the conlract or provide the
service promptly, or within the time specified, without delay or
interference;
1.7.4 The sufficiency ofthe bidder's financial resources and the effect
thereof on his ability to perform the contract or provide the
material or services;
1.7.5 The character, integrity, reputation, iudBment, experience and
efficiency of the bidder;
1.7.6 I he quality and timeliness of the bidder's performance, if any, on
prerrious orders or contracts for the City;
1.7.7 Litigation by the bidder on previous orders or contracts with the
City;
1.7.8 The ability of the bidder to provide future maintenance and
service where such maintenance and service is essential;
1.8 ERROR AND OMISSIONS: Bidders shall not be allowed to take advantage of any
errors or omissions in the lnstructions to Bidders or Specifications. Full
instructions will bc given if such error or omission is discovered and timely called
to the attention of the City-
1,9 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES:
Each bidder shall include in the price bid any patent fees, royalties and charges
on any patented article or process to be furnished or used in the prosecution of
the Work.
1-.10TAXES: Price bid shall include all federal, state, local, and other taxes.
2.0 SPECIAT CITY REQUIREMENTS:
There is a separate packet of forms as part of these specifications that a bidder
must complete to establish compliance with a number of special City of Vernon
requirements, including, but not limited to, Equal Employment in Contracting, an
Affidavit of Non Collusion and a Vendor List Questionnaire Form. These torms and
their instructions should be considered an integral part of the specifications and
failure to complete them shall be grounds, in the sole discretion of the City, for
rejections of any bidder.
8
LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE:
Contractor, or subcontractor, if any, working on City service contracts of any
amount, as to all employees spending time on City contracts shall observe the
Citv's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit "A". Upon
request, ceftified payroll shall be provided to the City.
EQUAL EMPLOYMENT OPPORTUNITY lN CONTRACTING: Contractor certifies and
represents that during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity
practices to assure that applicants, employees and recipienl,s of service are
treated equally and are not discriminated against because of their race, religion,
color, national origin, ancestry, disability, sex, age, medical condition, sexual
orientation or marital status. Contractor further certifies that it will not maintain
any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "B".
VENDoR LIST QUESTIONAIRE: Each bidder must submit a completed Vendor List
Questionnaire included in Attachment No.4, unless bidder has submitted to the
city a current and approved form on file with the City.
AFFIDAVIT oF NoN-COLLUSION BY CoNTRACTOR: The City requires that each
bidder executes and submits to the City with the Bid, the Affidavit of Non-
Collusion included in Attachment No.3.
2.5 LOCAL PREFERENCES: The City of Vernon is committed to promoting the
economic health and well-being of its residents. To this end, contractor agrees to
recruit Vernon residents initially and to give them preference, if all other factors
are equal, For any new positions that result from the performance of this
contract and which are performed within the City.
3.0 GENERAL SPECIFICATIONS:
3.1 BID ORDER QUANTITITIES: The quantities contained in the bid documents are
approximate only and are for the sole purpose of comparing bids. The City may,
in accordance with the specifications, order Transformers as needed at the city's
sole discretion. Payment will be made for the quantity actually provided as
2_ 1,
2.3
24
determined by the City and accepted at the unit price noLed in the bid. The bid
will be awarded to the responsive and responsible bidder(s) with the lowesI Total
Ownership Cost (TOC).
3.2 EVALUATION OF BID: ln comparing bids, the lowest bidder is determined based
upon the Totalowning Cost Formula. The City of Vernon reserves the right to
relect arry or all bid or any part thereol, and to waive any minor technicalities
from the specifications. The contract award will be made from among responsive
and responsible bidders meeting the scope specification requirements set forth
in Part ll "Detailed Technical Requirement". The Contract will be awarded l-o one
bldder per item listed on the Unit Price Bid Form. To be considered responsive,
on a particular transformer, bidder must bid in the location indicated in the
detailed Unit Bid Price Form Listed under "Bid Unit Price". lf a bid is marked "0",
"NO BlD", or is left blank, then it will be considered ro not have been bid.
3.3 TOTAL OWNERSI-IIP coST: Purchase of transformers shall be evaluated by
lowest total cost. The formula to evaluate Total Owning Cost (TOC) is as tollows:
TOC = C + $a.53/W (PNL in Watts) + $1.1/W (PLr in lvatts)
TOC is the total ownership cost in dollars, C is the initial cost in dollars, Plri is the
guaranteed maximum no-load loss in watts, and PLL is the Suaranteed maximum
load loss in watts.
3.4 AWARD OF CoNTRACT: Evaluation of the bid will be based on the competitive
bidding process. A contract will be awarded to the lowest responsive and
responsible bidder for each "ltem" listed on the Unit Price Bid Form.
3.5 DURATION OF CONTRACT: The initial term for any contract resulting from these
Specifications shall be three (3) years from the date of execution by the City. The
contract may be extended for a period of up to two additional one- year periods,
with the approval of the City Administrator and without further City Council
approval, Approximately 60 days before the end of any contract period the
Contractor may request changes in the Bid Schedule, however, any proposed
price increase shall not exceed the percentage ofthe then applicable Producers
Price Index (PPl) for the most recently available 12-month period.
10
3.6 5AM!!E-!U8!llA5E!A!I8a!r: A sample of the purchase contract the
successful bidde(s) will be required to enter into with the City contract included
in Attachment No. Sancl by this reference incorporated herein and made pali of
these specifications.
LICENSE AND PERMITS: Contractor shall obtain and pay lor any required business
license. For further information, contact CommunitY Services Department at
(323) 533-8811, Monday- Thursday between 7am and 5:30pm.
SUBSTITUTIoN FOR PATENTED AND SPECIFIED ARTICLES: Whereverthese
Specifications specify any rnaterial or process by patent or proprietary name or
by name of manufacturer, such specification is only for the purpose ol describing
the rnaterlal or process desired and shall be deemed to be Followed by the words
and/ or approved equivalent. Any bidder may offer in the proposal any material
or process that is equivalent in every aspect to the material or process specified.
This statement of alternate unit shall clearly describe the material or process for
which the substitution of alternate and shall provide technical data establishing
equ ivalency.
3.9 BID YOUR FULL EQUAL OR BETTER: Transformers lurnished shall be new,
complete, ready-for-use and of the latest model, shall not have been used in
demonstration or the services and have all the usual equipment as shown by
manufacturer's current specifications and catalogs unless otherwise specified-
3.10 EXCEPTIONS AND EXCLUSIONS: No exceptions and exclusions are permitted.
Conlractor shall discuss and resolve all questions with the project engineer prior
to bid opening. Any attachment of exceptions, exclusions or clarifications to the
Bid Proposal will be deemed non-responsive.
3.LL L|ABL|TY INSURANCE: Proof of insurance is not required to be submitted with
your bid, but will be required prior to the City's award of thc contract. A copy oI
the standard insurance is included in Attachment No.6.
3.12oRDER AND DELIVERY: Orders for transformers shall be made bv written
notification bv the City authorized personnel. Delivery of transformers shall be to
the Department of Gas & Electric warehouse located at 2323 Vernon Ave,
Vernon, CA 90058. Transformers will be delivered on a flatbed truck for side
unloading by forklift at ground level. Supplier shall notify City 48 hours prior to
37
3.8
11
delivery. All delivery shall be Monday - l'hursday, 7:30 AM to 3:00 PM contact
ielephone is (323) 589-9498 or (323) 585-5192. A tlelivery elate of 10 weeks
ARO or less is required. Failure to quote a delivery schedule within this period
may disqualify the bid. All deliveries must be accompanied by a packing slip
indicating those items actually delivered. Alternate order and/ or delivery
arrangements shall only be permitted with the prior consent of the City's
5upervisor or a designee.
3.13FOB !E!!VEBY: Suppliershall furnish MSDS and certified test reportsofthe
transformers, drawings, and three (3) sets of Operations/lnstruction Manuals
fifteen (15) days before transformers are shipped.
These Documents shall be submitted to:
City of Vernon
Dcpartment of Gas & Electric
4305 Santa Fe Avenue
Vernon CA, 90058
Phone: (323) 583-8811 Ext. 316
Attention: Ali Nour - Electrical Engineering Manager
3.14MOST FAVORITE CUSTOMER: Contractor agrees to treat the City as its most
favored customer. Contractor represents that all of the prices, warranties,
benefits, and other terms being provided hereunder are equivalent to or better
than the terms being offered bY Contractor to its current customers. The Cily
shall be entitled to any and all other services normally offered by the Contractor
(and/ or manufacturer through the Contractor) to its customers. Examples of
such services are technical training programs, ASE Certification, inventory
certification, access to video tape library, daily deliveries, will calls, special
orders, night delive ries, etc.
4.0 OOCUMENTATION
4.1 FOR BID EVALUATION: Bidders shallfurnish the following in their bid package.
Transformer unit price, F.O.B. Department of Gas & Electric warehouse
located at 2323 Vernon Ave. Vernon, CA 90058,
Guaranteed maximum no-load loss at rated voltage in watts.
12
3. Guaranteed maximum load loss in watts at rated voltage and kVA.
4. Percent impedance on ratcd voltage tap.
5. Two sets of dimension and outline drawings.
6. Completed two page Linit Price Bid Form.
13
SpEeiFreATsoN ruO" TR3."203"5 0F{
OVER$'IEAD D!STR[BT'TEONJ TRANSFORMBFqS
CEX"V OF VER[zuON
DEPARTM]ENT @F GAS 8( EtEeTR[e
1"4
1.0 scOPE
5upplier shallfurnish all work for providing one-phase, 60 llz, mineral oil filled,
overhead type distribution transformers rated 500 kVA and belor,v for use on the City of
Vernon's overhead distribution system. The transformer sizes that the City requires are
as Iisted in the Attachment lJnit Price Bid Form.
2.0 APPI,ICABLESTANDARDS
A. The transformers shall conform to the applicable sections of the following standards
to the extent referenced in this Specification, and as amended to ihe date of this
Specification which, by reference, are included as part of this Specification.
A. C57 12.00 EEE Standard General Requirements tor Liquid-
lmmersed Distribution, Power, and Regulating
Transformers.
g. c57 .12.10 Requirements for Transformers 230,000 Volts and
Below, 833/958 throu9h 8,333/!0,417 kVA single
phase, and 750/862 through 60,000/80,000/100,000
kVA three phase without Load Tap Changing; and
3750/4687 through 60,00/80,000/100,000 kVA with
Load Tap ChanBing-Safety Requirements.
c. c57.12.20 Overhead-Type Distribution Transformers, 500 kVA
and Smaller: l-ligh VoltaBe, 34 500 Volts and Below;
Low Voltage 7970l13800Y Volts and Below
D. C57.72.74 Terminal Marklngs and Connections for DistribuLion
and Power Transformers
E. C57 .12.80 Terminology for power and Distribution Transforrners.
F. C57.L2.90 IEEE Standard Test Code for Liquid-lmmersed
Distribution, Power, and Regulating Transformers and
IEEE Guide for Short-Circuit Testing of Distribution and
Power Transformers.
G. C57 .12.91 cuide for LoadinB Mineral-Oil-lmmersed Overhead
and Padmounted Transformers Rated 500 kVA and
Less with 65"C or 55oC Average Winding tlise.
H. C57 .1,2.1,06 IEEE Guide for Acceptance and Maintenancc oI
lnsulating Oil in Equiprnent.
I. NEMA TR1 Transformers, Regulators And Reactors.
t. DoE 2016 Energy Efficient Transformers.
B. ln the event of conflict between the codes and standards and this
15
I
Specification, Supplier shall notify City of Vernon Department of Gas & Electric and
secure a written clarification before proceeding with I'he work.
3.0 SERVIEE CONDITIONS
11. Environment
A. The transforrners shall perform in accordance with all provisions of the
Specification while subject to the service conditions specified in
ANSr/rEE E C57.L2.00.
B. The transformer shall be suitable for 30 years of use on the City of
Vernon's electric system when installed in accordance with the service
conditions set forth in the latest edition of the ANSI/IEEE c57.12.00,
Section 4.0, in its entirety.
3, 2. Seismic and lmpact Loading
A Before and during installation, the transformers shall withstand, without
damage, rough handling such as bouncing on a trucl( when filled with
insulating medium and impacting against or upon rigid structures at
speeds up to five feet per second, and being lifted by two bosses or lifting
seconci, and being lifted by two bosses or lifting bolts at any angle.
Following these conditions, the transformers shall be capable to being
energized without a pre-operational test.
B. After installation and during the 3o-year life of transformer, transformer
will be subiect to occasional earthquake motions (0.29 horizontal and
0.13g vertical) along with significa nt vibrations from traffic and frorvt
adiacent equiPment.
3.3 Pre-installation lnspection
The City of Vernon will, at its discretion, provide a pre-installation inspection of
each tran sformer.
3.4 Operating Dutv
A. For its 3o-year life, each transformer shall be suitable For operation under short
circuit conditions as stated in the latest editions of ANSI/IEEE C57.12.00 and
C57 72.90. Supplier shall supply verification that the design has passed the
required short circuit criteria.
1,5
4..0 rlATtNGS
4.1 Sizes
The transformers shall be sized as listed.
4.2 Hish Voltage Ratings
Transformers shall be 60 Hz with BIL ratings and lnsulation Class as shown ln the
table below.
Characteristics
4.3 Low Vqllegq B9!r'g
Transformers shall be 60 Hz with BIL ratings and lnsulation Class as shown in the
table below.
lnsulatiori Characteristics
4.4. lmpedances
Transformer impedance shall not be less than those shown in the table below All
transformers testing to determine transformer impedance shall be based on the
base kVA rating of the transformers 65 de8ree Celsius temperature rise. The
transformer impedances shall be shown on the transformer nameplate.
'fransforrner lnsulation
Transformer High Voltage
(KV)
Insulation elass (l(V)lnsulation Btl. (KV)
7.2/12.47Y 15 95
L6.34 1B L25
'lransformer Low
Transformer High Voltage
(Voltsl
lnsulation Class (KV)lnsulation BIL (KV)
1,20/24O t7-30
277 L2 30
17
VOLTAGE KVA %Z
)-44 r0-7 5 2.0
24C 1 00,167 2.5
24C 250 3.0
271 15-100 )-.0
277 167-333 ?-.5
277 500 3.0
Minarnum Transformer lrmpedance
5"0 eerNls]'Rijefl ()N FEATURES
5.1 Coil and Core Construction
B,
The transformer core shall be of high efficiency rectangular wound core. The
core shall be made from one of two processes: single-turn laminations of high
quality, grain oriented silicon core steel. Amorphous core (i.e. metallic glasses
metal) transformers are not acceptable.
l'he transformer coils shall be designed to maintain their nameplafe KVA rating
throughout the normal temperature range of operation which shall be 65oC
(BooC hot spot). All materials used shall be of the 65oC, 80oc hot spot class. All
materials shall bc thoroughly tested for compatibility with all transformer
components before being assembled.
The primary coil shall be manufactured from heavy varnish or paper insulated
aluminum or copper wire. The secondary coil shall be manufactured from full
width aluminum strip whose edges are finished to prevent burrs and insulated
with epoxy-diamond paper between layers of the conductor.
All insulating paper used as layer insulation in transformer coil shall be bonded
type, coated on both sides with a thermosetting adhesive and properly cured
prior to impregnating with oil or the coils shall be wound with primary conductor
containing a thermosetting adhesive that when properly cured will form an
effective bond, both turn to turn and layer to layer.
5.2. lnsulatine Fluid
A. The transformer insulaiing fluid shall be standard electrical grade mineral
insulating oil. l-he insularing oil shall be tested and degassed to assure a
chemically inert oil. The transformers shall be furnished with oil which meets the
requirements specified in ASTM Standard D 3487 for mineral insulating oil,
C.
lJ.
1B
I
(_.
except that the DBPC content (% by weight) shall not be less than 0 15 The
insulating oil in the equipment shall conform with ANSI C57.106.
All transformer oil shall be tested lor polychlorinated biphenyl's (PCBs) per ASTM
D4059 and cerlifiecl as having no detectable levels of PCB. All oil furnished by
supplier shall not contain any detectable traces of polychlorinated biphenyls'
A sealcd tank shall be provided on all transformers
5.3 l-aps and Changers
A. The transformers shall be furnished with full capacity high-voltage taps The tap
changer shall be externally operated and clearly labeled to reflect that the
transformer must be de-energized before operating the tap changer as required
in Section 3.3 of ANSI C57.1,2.26. Padlocking provisions shall be available for
lever or hotstick operable handles. Tap changer operating mechanisms shall be
permanently identified to show "De-energized operation Only". Decals and
stencils are not acceptable.
The unit shall have one of the following tap configurations:
Two - 2'A% taps above and below rated voltage such as the following:
VOLTAGE FULL CAPACITY TAPS
16,340 17,2O0 / ).6,7 7 O / 15,9L0 I L5,48O
7 ,200 7 ,560/7 ,38017,O2O/6
B.The tap changer position indicating nameplate shall have numerals or letters
that are clearly legible and of permanent quality' Decals and stencils are not
acceptablc.
pressure Withstand and Pressure Relief
An assembly shall be provicled that is designed for pressure relief. The assembly
shall remain effectively sealed for overloads and external secondary short
circuits of the duration and magnitude allowed by industry standards, but shall
relieve pressure at a minimum of 8 PSIG. Design should meet the requirement of
the latest edition of the ANSI C57.L2.2O pa"agtaph 6.27 for relief of excessive
pressure.
The valve shall be of the indicating type with weatherproof cover, and equipped
with a pull-ring for hook-stick operation lt shall have L/4 inch NPT threads and
B.
5.4
B.
be located on the tank wall above the oil level in either scgment 2 or 4 as
designed in ANSI C57.12.20, Table 52 The valve shall meet the followinB
minimum operating characteristics:
1. Cracking Pressure: l-0 PSIG
2. Re-seal: 5 PSIG
3. Flow Rates: 50 SCFM at 15 PSIG
100 SCFM at 50 PSIG
C.ThevalvebodyandVariouspartsofthedeviceshallbecorrosionfesistant.only
the folltlwing pressure relief devices are acceptable:
1.. Circle Seal Model No. P60-383
2. Qualitrol Model No, 202-O32-Ol or 707-33-Ol
3. Beta Model Nos l"712K-1, -5, -6, or Model No 1750K-5'
D. The required electrical clearances between pressure relief valve and live parts
shall be maintained.
5.5 Tank Pressure Withstand
A. Tank withstand should meer the latest edition of NEMA TRl, Part 2
B. Tank bottom shall have a rolled edge and tank wall base which is three layers
t hick.
5.6 Tank Finish
A. Tank covers shall have a slope of 15 degrees for moisture run-off and 100 kVA
and below, shatl have an insulated coating on the cover capable of withstanding
15kV at a 2000 volt/sec rate of rise, or equal, tested per ASTM D149 using 1/4"
diameter electrodes, or equal. Theresultsof design testto confirm this
capability shall be submitted for approval'
B. The tank coat will be a finish which can withstand a direct blow of 160
inch-pounds per ASTM D-2794-69 for units 100 kVA and below and meets or
exceeds the following as set forth in ANSI C57'12 28:
1. salt spray for 1000 hours
2. Humidity Test,
3. Abrasion resistance
4. Crosshatch ad hesion
5. Oil resistance.
20
C. The paint on alltranslormer tanks shall be grayish in color and conform to
Munsell 5BG 7.0/04 with the followinE tolerances:
1. l-lue: +/-12 (3G and 78)
2. Value: +/-0.2
3. Chroms: +/-o.2
s.7 Ialk a!-d-ee!gl!
Transformers shall have bolted covers for all size transformers. One spare bolt
per each transformer shall be provided and included in the bid.
5.8 lnternal Lead ldentification
lnternal secondary leads shall be identified with appropriate marl<ings
permanently embossed in the lead that correspond with lead marl(ings on the
na me p late.
5.9 External Features
Transformers shall be provided with cover mounted high voltage with eyebolt
terminals, low voltage porcelain bushings with eyebolt terminals and ANSI single
position support lugs (hanger brackets) with nameplate on lower bracket' For all
transformers rated above 167 kVA, no support brackets are required'
5.10 Weisht and Dimen sions
A. The maximum weight for transformers 100 kVA and below shall be
1,400 lbs.
B. All 250, 333, and 500 kVA single phase transformers shall be "light weight"
transformers. The weights and dimensions of the 'lightweight" transformers
shall not exceed the weights and dimensions specified below.
5.11 Ground Provisions
All transformers shall have a tank grounding provision.
Rating {kVA)Weight (lbs)Height
(lnches)
width
(lnehes)
Depth
(lnchcs)
250 2,500 41 3B
333 2,800 72 41 3B
500 3,300 72 50 A)
'100 1,400 5B 41 3B
167 1,600 5B 41 3B
21
5.12 tlglLvoltase Eushines
A, Transformer rated 15 kVA through 167 kVA shall be furnished with two cover-
mounted bushings. l-ligh Voltage bushing terminals shall be in accordance wilh
the latest edition of the ANSI Standard C57 .t2.2O, paragraph 6.L.2.
B. The cover-mounted bushings shall be of the 15kV insulation class for 7kV
transformers and L7kV insulation class for 16kV transformers. The creepage
distance of the bushings shall not be less than 15 inches.
C. When the distance between live parts of cover-mounted bushings is less than 12
inches, the bushings shall be equipped with approved bird guards' Bird guards
that are approved for use on overhead transformers are:
5.13 lnterna I Hish-Voltage Connections
A. Each internal high-voltage lead shall be equipped with either a ring-tongue or a
hook-type connector. Each connector shall be terminated on a fixed threaded
stud, a fixed threaded bolt, or a non-removable threaded bolt, each having two
nuts for holding and locking purposes.
1-. Ring-tongued type: The ring-tongue terminals shall have
mechanical and electrical properties so as to contain the high-
voltage leads, without breaking, even under short-circuit conditions.
Burndy type YAV is typical of the type desired.
2. Hook type: Hook terminals shall meet the same physical
requirements as specified above for ring-tongue terminals. ln
addition to the above, both changing and locking nuts shall be held
captive to prevent their complete removal. AMP, lnc. Style No. 3
"Hook" terminals are typical of the type desired.
MANUFACTU[IEIl i\IIOEEL NUMBER
Coltec lndustries 703B03-53
Porcelain Products 65001 th rough 65019
RTE 0704119b01
I(uhlman Elec[ric 6210209902 assem bly
6210208804 assembly
2)-
5 .14 & 'neplelC:
A. The nameplate shall be corrosion resistant, permanent, high quality anodized
aluminum and rnounted on the mounting bracket of the transformer. The
markings on the nameplale shall permanently show the internal connections of
the transformer.
B. ln addition to the nameplate requirements shown in ANSI/IEE C57.1 2.oo-section
5,12.2 Paragraph (1), Table 9 for nameplate A with total weiSht including oil shall
be indicated.
C. The nameplate in addition must include the manufacturer lD and serial number.
lJ. The Transformer Nameplate shall state that "Filled with rnineral oil that
contained less than 1 P.P.M. PCB at the time of manufacture".
5,15 MSDS
The supplier shall be required to provide all applicable Material Safety Data
Sheets with all transformer orders.
6.0 i-ESTS
6.L General
A. Transformer tests shall be performed as specified in ANSI Standard
C57.12.00. And C57 .f2.90 these test reports shall be provided to the City prior to
shipping. The City will not receive any transformers without the required test
reports.
B. Units shall comply with routine test requirements of ANSI and certified test
reports shall be furnished. The vendor shall provide with returned bids all
applicable documentation of compliance with ANSI desiSn tests.
C. The following data shall be submitted with each transformer order:
1. Guaranteed maximum no load (excitation) loss at rated voltage and
110% voltage in Watts.
2. Guaranteed maximum load loss in Watts at rated voltage and tll%
voltage.
3. Guaranteed maximum total loss in watts at rated voltage and 110%
voltage.
23
4. Exciting Current in percent at rated voltage and 110% rated voltage'
5. Percent impedance on base voltage and at the maximum temperature
rise.
6. Efficiencies shall be provided at loading levels of 100%, 75%,50%, and
25%.
7. Regulation at rated load @ B0% and 100% Power Factor'
B. Two sets of outline drawings showing dimensions, weight, gallons of oil,
gauge of steel in tank walls, cover, bottom, and cooling radiators and
description of accessories. After order is awarded, the vendor shall
submit FINAL drawings.
9. Verification that the transformer design has passed the required short circuit
crilerra per Section 3.4 oF thesc specifications.
7,0 OPERA'IING PERFORMANCE
7.1 General
the Apparatus shall perform in accordance with the conditions set forth in this
Specification.
B.O WARRANTY
Supplier shall provide warranty for a minimum of twelve (12) months after delivery'
24
26
EIDDER'S EHECKTIST
The following list is provided to assist bidders to eliminate errors and omissions which
may render your bid unacceptable.
DOEUMENTS TO INELUDE:
tsid packages must include the following completed documents:
o Signature page and legal status
c Unit Price Bid Form (complete the column entitled "Bid Unit Price" - if you do not
wish t<l bid on a particular item, write 'NO BID)
o Affidavit of Non-Collusion by Contractor Form
o City of Vernon Vendor List Questionnaire Form
FIOW TO SUBMIT THE BIDS:
/ Bids must be signed and submitted in TRIPLICATE. Bidder must submit bids in
an ORIGINAL AND TWO COPIES.
/ AII bids shall be enclosed in sealed envelopes, distinctly marl(ed "Bid" with ihe title of the
bid and the bidder's name address appearing on the outside
/ Bids should be addressed to:
City CIerl<
4305 Santa Fe Avenue
Vernon, CA 90058
TIMING TO SUBMIT AND OPEN BIDS
The City Clerk must have received the bids by 2:00 p.m., on the day listed in the Notice
lnviting Bids. The City strongly recommends that bidders either hand deliver or mail
well lrefore that time and date to ensure that it is timely received.
At the time of the bid package opening, the City Clerk will open the bid packages and
acknowledge the receipt of Unit Price Bid Form from Manufacturer/Supplier. Once all
bid packages are opened, and the bids announced, the Unit Price Bid Forms will be
made available for public review.
27
City of Vernon
Purehase Contract
City of Vernon
Finance Department
Purchi:-sing Divisior)
4J05 Santa Fe Avenue
Vernon, CA 9005t
Phone ,l: (32f) 583-881I
Fax #i (321) 326-1491
tnternet Addrcss: y]{g,qi!yqu9!!9!p!d
Contract Date Anrendment Pflge
Buyer':
Ship Tol
Vendor Ndme BrllTo:
nt Amount Contract'fotal ]
SAJNdflL,tr
Impoltant Notice to Vendors:
Contractor represenLs that it has a City approvcd EquaL Employmc[l Opportunily and Non-segregation Atfidavit.
Theartached TernN and Conditions oI Pu,chase Order/Cont(act shall be part of lhis Purchasc Orde Co[uact.
Vendo$ pcrfolming scrviccs must indrcate acceptance ofCity Ternrs and Cond-Ltions and lehrrn a copy of thrs
acknowledgement to the City prior to perfornrance. Failure to do so will void this Purchase Order/Contract.
AII shipments, shipping pnpcrs, invoioes and corespondence must be icle[tified with oul Purchase Ordcr/Conuact
Numbcr. Failure io do so may delay payment processing.
EXHIBIT 7
4t2014
CITY OF VERNON
'I'ERNIS AND CONDTTIONS O[' PURCTIASB ORDER/CONTRACI
This is a puvcr.nment cunLr.tcr. 'lhe temrs atc ot cltanged by ,lny wo(ls addeJ by C.rrttr':rutor'. nor'iuperseded bc(ilu\e-o[ an)'. Ibnn
used bv C;ntrrctor in fie couLse ol b(Nincs:j. Any chnngc in terms rrlusl hc a8rced tu by irn ilutholiircd rcpresentatrve ol lhe Clty' lll
rvriting'. Acceptance by rlre City of goods, maleria[s or services is nol an acccptance oI Contriclor's othcr' tcmrs.
I Contlactor ogrccs to furnish tlre mAtcrials or services dcscribe<l in thc Purchasc Ordel'/Contract lo which this is attachecl and
",bj;i io aiiierms und conditioos of:hc PlrrchiLse Oder/Coouact, this Att chrnqrt !o the Purchase Otdcl/Cont|act atld xll other
attachments hercto
2. Conllactor agrces !o subi'Iit all iovoices in d[pticatc to the address indicated on ihe Pur'chaso Order/Contlact.
3. Conlractor agrees to iuloice flt net priccs withont fcdclalexcise tax or federal tilel tax
4. Conlrecftrr agrees toshowon ali tnvoices thc name olthe dcparlrnunt to which too{.ls Ilr scrvices lverr nrnishcrl. and.whcthcr the
in"oi". iur6is cou,pl",. o( parrial delivery or performnnic, thc Purthlse Order/Contrlct nuruber and arry aPplicdblc cuh
discount
5.
6.
'7.
Contlactor agrces to prepay tlansportation charges and show the separalely on all lnvolces.
Contmctol agrees to show applicablc sates or rlse lax as sepatate items on all invoiccs.
Title to all matedals fru ished urder the Purchese Or(ler/Contract shall pasri to the Ci[y Llpon delivery and loading of rncrchandise
at tlle F.O.B. pointdesignated in the Puchase Ordc/Co0lract
Any item ordered r-,n rhe lace hereof that is tisted in the Safety Oldels of lhe Calilbrnia Division ol ln(lustflirl Safcty shall fully
corirply *ith the latest rcviscd rcquirEments uf said Safety Orrlel:s
All goods, materials nnd equipment ordeled shall, exccpt as otherwise notcd in lhis contract, bc deliveted in a new and uuscLl
co dition
()
E,
I0. All artomouvc cquipment delivered to the City shall mee! all requireme[ts of the lalest revision of the Cali[orrria Vehicle Codc
and of the Federal Departmcnt ofTraosPoroLion,
otice will be givcn in witing, it possible, ot by the r[eans most
corlect the dEfect or othei non-cbnfolmity wiihin l0 days alier
diJtc action, thcn lhe Ci(y nmy ntake thc nccessa,',
mrterials. equipmcnt ind edminisrralion. The Cily
rhhel.l is not sulficienl. the Cily nriy reuover any
12. pflor to lic issuancc of lhc Purchase Or(ler/Co tr iL Contluclor may be |cquiterl to providc Io CitY evidence of insru'.rnce. Failllrc'- io n1xini"iu the rcqqire(l amounls "u,l
lypes of coverirge throughr.lit thc dirration of setviccs supplled shall cunsl(rltc n rnr(crial
bresch of lhis conniact cnd shJll cnlitle the City to tcrminilte thi\ uonll a((.
tJ Coniracr(,r shall noroelfufl|lwolkonCltVowncdproperty,rndshaltnotcomrr)cnceworkorcauselnalclinlstobe.ielivercdrolhe'
ioU iir., i.nr it ", u,rrhLrizcd in wflting by lhc tlearl bi tlre Dep]l tment (or desigoee) fot whom the wo* was orde(cd.
,5 n";Xli,;":Ti,?i"'Til
mcdical condition or
16 Contrirctor shall obtain a City Busincss License u der lhe ter lns and conditious of Vernon City Codc, Scctions 5 20, and tbllowing,
urhere required
EXHIBIT 7
at2014
t9.
11
I8
22
21.
20
2t
Conlractor hcrcby reprcsents, wanimts and certifies thrrt no officcr or eNployee of the Contractor is a dircctor, officer or employce
of ihi Ciii ,f V"ir",i, or ii member of nny boar(Ls, comnrission or cornmiitces, except to the cxtcnt permitted by law.
ol
cCi
sto
mli
intai
Dromotlv deliver the records to lhc City of Vc[0on or rclmburse
ihc i,ridil at a location oiher Ihcn thc City of Vernon, including,
pemonnel. sala es. privntc andilors, travel, lo,lgin8, me{ls lnd uvclhead,
prcvided, for Contractor sir.ll be, and is, atul indep€ndenr
'iish Such serviccs in its own man0cr and method, except as
tn case of conflict betwceo the tem$ of this contract rnd thc terms of any olher documeflt which is a parl of this hartsaction, thc
rerors of this Purchase Odcr/Contt act shall strictly prevail.
r trilns[er this co trilct or tny rights hercunder willt out the priol wrillrn constnt uf tlle City whlch
sole (liscretion r\ny unauth'irizld rssignnrent of trlnstbl shall be null :rnd void in(l shall constittrt. I
of its obliS.rtiolls ullder lhis contract
Time is stricrly oI the essencc of thts contract and each and cvery covenant, term and provision hclcof'
The Citv s waiver o[ anv lcrm, conclrtion, brcach or default ol this conlrJct shAll not be coniidcrcd to be .l waivel (rl.rny othcr
te[m, coirlirion, ctefault dfbrcoch, llot of a subsequcnt breach oI thc orlc wllivcd
'I'hc orovisions of Vernon s Ltving Wngc Ordinancc, Vernon City Codc, Sectir-rns 2. I J I , and followins. rcquircs tlt^t contrlctolf,
plovlding labor or services to the City [cy crnployees in accordance with Ilrc ordinance
The City reserves the tighr to canccl any portion of this Purchase odel at any time prior to dle delivery ofCoods alld Services
This pucha$e Order/Conrract shall be govelned a d construed according !o the laws o[ the State ol CaliForlia.
This purcha.se Otdcr/Conlract, including any Exhjbits attached hercto, constihltes thc entrre agreemcnt and understanding betrveel
the parues ft,gatdlng its subjccl matter and supersedes :rll prior or contefipotaneous negotiatlons, rcPrcscntarions' understandings,
correspondence, doicumentation and agleenrents (rvrilten or oral)
A(ldrtional rerms (All additional tcr lns 4nd conditions must be apProvcd as lo folm by thc city Attomey in writi0g)
EXHIBIT 7
at2014
23
25.
26
28
CIry OF VERNON GAS AND ELECTRIE
INSURANCE SCHEDULE {Venclor}
The Contractor shall provide prooF of insurance, including a standard certificate of
insurance, in at least the following arnounts and coverage (combined single Iimit permitted)
The general liability policy shall contain the follo\,ving special endorsements whrch shall be noted on or attached to
the standard cerliflcate of insurance:
An endorsement naming City, its offlcers, and employees as insureds under the policy. An endorsement providing
City thirty (30) days notice of cnacellation or material reduction of coverage.
An endorsement providing coverage for all operations under City permit and specifying the acttvities covered
Such other endorsements as may be required by addendum heleto.
ln addibon to the standard certificate of ansurance, proof ol general and umbrella liability coverage shall be
furnished in the form checled below. Certification of the following proofs by the insurance agent or broker will not
be accepted:
For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statement in the
standarcl c€rtificate of insurance (attached thereto) are true and correct and that the signator is an oficer authorized
to so certify
A copy of each policy cerlified by an officer of the underwriter or carrier and notarized
Coverage and Limits
Bodily lnjury Property Darnage
Flazatdi Each Person Each Accrdent Each Accrdeni
Automobile tiability
Owned Automobrle s500.000 $1 000,000 $500,000
l-lired Automobile $500.000 $ 1,000,000 $500,000
Non-Owned Automobile $500,000 $1 000,000 s500,000
Workeds Comoensation $ Siatutorv
Emplover's Liability S '1.000.000 oer emplover
General Liability
Premises Opelahons $1,000,000 $2,000,000 $1,000.000
Elevators (lf Aoolicable)$1,000,000 $2,000,000 $ 1,000,000
lndependent Contractors $1,000,000 $2,000,000 $1,00c,000
Products - Completed $1,000,000 $2,000,000 $1 000 000
Operations
Contract Liabrltv $1.000 000 $2.000.000 s1,000,000
Umbrella Liability $4,000,000 s1.000,000 $1.000.000
ExhiQiLA
LIVING W,6rGE ORDINANCE AND PREVAII-lNG WAGE
Mlllnrgrn-flvi'U-!ryqCCE
Article XVlll of Chapter 2 of Vernon's Municipal Code {Section 2 131 et seq ) requires employers to pay a
\,vage of no less than "ten dollars and thirty cents (S10.30) per hour with health benefits, or if health
beneflts are not provided, then eleven dollars and fifty-five cents ($11..55) per hour."
lraid anel Unpaid Davs Off:
Employers must provicle qualrfying employees at least twelve (12) compensated days off per year for
sick leave, vacation, or personal necessity- Employersshall also permit employeestotake an additional
ten {10) days a year of uncompensated time for sick leave for the illness of the employee or a member
of his or her immediate family where the emp oyee has exhausted his or her compensated days off for
that year.
Retaliatior Prohibited;
No emplover may discriminate against any employee for complaining to the city regarding the
employe/s compliance or anticipated compllance with the city's Liv ng wage ordinance, for demanding
compiiance with the Living wage Ordinance, or for otherwise asserting rights under the Living Wage
Ordinance.
Errforcement;
Employees may bring an action in Superior court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or to compel city officials to terminate the service contract of
violating cmployers.
E-EXID!!B
ESUAt EMPTOYMI=NTOPPORTU NITY PRAGTICES
Contractor certifies and represents that, during the performance of this Agreement, the
Contractor and each subcontractor shall adhere to equal opportunity employment
practices to assure that applicants and employees are treated equally and are not
discriminaLed against because of their race, religion, color, national origin, ancestry,
disability, sex, age, marital status, medical condition, sexual orientation or any other
protected class status. Contractor further certifies that it will not maintain any
segregated facilities.
Contractor agrees that it shall, in all solicitations or advertisement for applicants for
employment placed by or on behalf of Contractor, state that it is an "EqualOpportunity
Employe/'or that all qualified applicants will receive consideration for employment
without regard to race, religion, color, national origin, ancestry, disability, sex, age,
marital status, medical condition, or sexual orientation or any other protccted class
status.
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in
the performance of this Agreement, discriminated against applicants or employees
because of their membership in a protected class.
contractor agrees to provide the City with access to, and, if requested to do so by City
through its awarding authority, provide copies of all of Contractors records pertaining to
the practices subject to this policy, even if the material may be otherwise confidential or
privileged except as prohibited by law.
Nothing contained in this Agreement shall be constructed in any manner as to require or
permit any act which is prohibited by law.
D.
34
or.i
X; na"l
Bid by
SIGNATURE PAGE AND TEGAL STATUS
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to enter into a contract should the City accept this bid.
c/o Pqci{t u*t '#e s
(Nanfe of Firm)
Legal status of bidder:Please check the appropriate box
X corpor"tion/LLC State of ln ,orpor"t on Ge O lQl 4
\J
Partnership List Members (attach additional sheets if necessary):
DBA State fu ll name DBA
Othe r Explain
Signatu re of Bid
naa-* iigD t i/lori;Pqss Ctcity CDl.rCoAh.,"CA
Telephone rto. P60,daY -a'r).,
Signed this la
ADDENDUM NO.
a"y or N)vEr4b€ R. . zot$
BIDDER'S INITIALS
1.
2.
3.
(Authorized Signature)
25
UNIT PRICE BID FORM
CITY OF VERNON GAS & ELECTRIC
OVBRHEAD TRANSFORMER TDCHNICAL REQUIREMENTS
Transformer rati[Bs used by the city of City ofVernol
a]ld expected purchasing quarltities
Notel: Price bid shall include all federal, state,local and othertaxes.
Page I of I
ITEill PITIMARY
VOLTACE
SECONDARY
vot.TAcf,ILATING (I(VA)CITY STOCI(
CODT'
Nnmber of units
cxpccted to be
o,dered by city
BID PER UNIT
ORDERED, Note I
1 7200n2470v 120t240 t0 2002 L2 8'l I
7 12t)01 t2470Y 120n40 t5 2003 15 qav
3 7200/l2470Y 21',|I5 200,t 72.q,51
4 720042410v 120t240 200s 2!fr'|5
5 7200fi2470Y 217 25 2006 24 853
6 7200fi2470\120t240 37.5 2007 24 te to
'7 '7200fi2470v 277 37.5 2008 l8 DYD
8 7200112470y 120t210 50 2009 t2 l'15'l
7200^2410v 211 50 2010 l2 t\\3
l0 '7200n2470Y 120t240 75 20t r 9 tq\D
ll 7200112470y 217 15 2012 l2 11a'7
't2 7200t12470Y 120t210 100 2013 t2 AB B3
l3 7200fi2470y 217 t00 20t 4 t2 a'?aD
t4 r6340 120n40 l0 2024 l2 BIt
l5 16340 2',7',7 l0 2025 9 B1'l
t6 16340 t20t240 r5 2026 t2 lDa5
t'7 163,r0 217 r5 202',1 t2 ilo3
t8 16340 120D10 2028 l8 1013
t9 16340 277 25 2{)29 t2 lD ?a
20 16340 1201240 37.5 2030 l8 l3',lq
2t r6340 217 37.5 203t t8 labl
21.16340 120t210 50 2032 2t i,lB 7
23 r6340 277 50 2031 l5 ILIJ A
21 r6340 120t240 75 203.1 t2 lB a5
25 163.10 277 75 2035 t2 tl a/,
26 r6340 120/210 r00 2036 9 Wq
27 r 6340 277 t00 2037 t2 )'1 tDI
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATL OF CALIFORNIA ISS
COUNTY OF LOS ANGELES}
OJ€.'16
and says that he@ is
Pan eQ5 O (l s.n 'sol.
being first duly sworn deposes
, PEsd€nf', S6re1ary", orolha proFr lrlle)
crTrC l,'/l*r(e s
(lnserl name ofbidder)
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are true;
b.
I certily under that the above information is cofl'ect
tsy GdL
That such proposal was not made in the interest ofot on behalfofany undisclosed person.
Parlnership, company, association. organization or cot?oration;
That such proposal is genuile and not collusive or sham;
That said bidder has not, directly or indir-ectly by agreement, communication or conference with
anyone attempted to induce action prcjudicial to the interest of the City ofVemon, or ofany
other bidder or anyone else interested in the proposed contract; and further
That prior to the public opening and reading ofproposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
Did not dilectly or indirectly, colhtde, conspire, connive or agree rvith anyone else that said bidder or
anyone else would submit a false or sham proposal, or lhat anyone slrould refrain from bidding ot
withdraw his proposal;
Did not, in any manner, directly or indirectly seek by agreement, communication or conference with
anyone to raise or fix the proposal price ofsaid bidder ol ofanyone else, or to raisc offix any overhead
profit or cost element ofthis proposal price, or ofthat ofanyone else;
Did not, directly ol indirectly, submit his proposal price or any breakdown thereol or the conteuts
thereof or divulge information or data relative thereto, to nay corporation, pannership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of individuals, except the City ofVernon, or to any person or persons who have a partnership or
other financial interest with bidder in his business.
Date: /, - iJ-i5-
ritre: 5q(es €lqittec4
-
Vendor List Questionnaire
Affidavit of Equal Opportunitv & No_nrseglegation
ln order to be placed to the City's vendor list and be eligible to receive City business,
you must provide the following information. By submitting this form you are declaring
under penalty of perjury under the laws of the State of California and the laws of the
United States that the information is true and correct. Furthermore, you are certifying
that your firm will adhere to equal opportunity employment practices to assure that
applicants and employees are not discriminated against because of their race, religion,
color, national origin, ancestry, disability, sex or age. And, your firm does not and will
not maintain or provide for its employees any segregated facilities at any of its
esiablishments. and that it does not and will not permit its employees to perform their
services at any location, under its control, where segregated facilities are rnaintained.
7o,;eR, Par'1nr
Name of Company c/o t'o c i-f Ujl,'&&"."srerephone lloo -Ja! -a ll ).
Address )lVO Willou Prss (f FaxNumber 7b0'aB-ialB
City APcotro
contact P"rronFoS€, 5fan+on E-mail Address , LDIY)
Tax lD Number (or Social Security Number)oG - lL1 tmt|
Zip
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company
orovides:
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RECEI\fIiD
RECEIVED
DEC 0 7 20t5
CITY ADMINISTRATIONSTAFF REPORT
CITY CLERI( I ;iFI ERN.N GAS & ELECTRIC DEPARTMENT (@)
DATE:
TO:
FROM:
RE:
December 15, 2015
Honorable Mayor and City Counc
Carlos Fandino Jr., Director of Ve
Originator: Ali Nour, Utilities Engineering Manager
Award of Bid and Purchase Contract to OneSource (Southwire) for Medium
Voltage 15 KV Rated Underground Cable for the Vernon Gas & Electric
Department (Bid Specification #CA1-2015)
B.
Recommendation
Find that proposed purchase of underground cable is exempt from Califomia
Environmental Quality Act (CEQA) review because, as a continuing administrative or
maintenance activity, such is not a "project" as defined in CEQA Guidelines section
15378(bX2). And even if such activity were a "project," it would be exempt from
CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have a significant effect on the
environment, because the agreement does not have an impact; and
Accept that OneSource was the lowest responsive and responsible bidders for bid
specification #CA1-2015, relating to the purchase of medium voltage 15 KV rate
underground cable for all three (3) bid items; and
Award bid and authorize the Purchasing Department to issue purchase order conEact to
OneSource (Southwire) for all three (3) bid items for a grand total amount that is not to
exceed $334,434; and
Reject CME bid.
Backsround
Historically, Vemon Gas & Electric (VG&E) evaluates the desigrr and total cost of ownership of
underground electric cables quoted by different manufacturers to ensure that the City receives
the most appropriate product to meet its needs. As a result of thorough procurement
assessments, these investments have the tendency to last over 30 years. Intermiuently, the
supplies of medium voltage underground cables deplete and require restocking. The City must
C.
D.
Page I of2
DEC 0 8 2015
adhere to established minimum stock levels, as inventory of such equipment is a crucial
component in the provision of safe, efficient, reliable service to Vemon customers.
On October 8, 2018, in compliance with all legal requirements, the City published Specification
#CA1-2015 on the city web site and advertised an invitation for bids in newspapers for the
fumishing and delivery of three (3) types of medium voltage 15 KV rated underground cable for
the Gas & Electric Department.
Bids were opened on November 16, 2015, and the Department received one response from a
distributor quoting two different manufacturer cables for all three (3) sizes of cables. The bidder
quoted manufacturer pricing from Southwire and CME. Although the CME pricing was lower
than Southwire, the delivery times exceeded VG&E's specification requirements. For each of
the bid items staff is recommending to award the bidder that had the "lowest responsible and
responsive bid", as per the published bidding documents.
Recommended Bid Awards and Purchase Orders
Staff recommends the City Council declare that OneSource, representing Southwire, is the
lowest responsible and responsive bidder for all three (3) items.
It is recommended that the City Council authorize purchase order contracts for the grand total
not to exceed amounts shown in the table below with OneSource (Southwire) based on
evaluation process and on the basis ofbeing the lowest bidder complying with the Specifications
on each item respectively. The purchase order amount includes sales tax.
Recommended Vendor Amount Bid Price Items Awarded
OneSource i Southwire $334.434 3,4,5
Fiscal Impact
The proposed purchases totaling $334,434 are within the Capital Budget for the Gas & Electric
Department for fiscal year 2015-2016.
Attachment(s)
l. One Source Proposal
Page 2 of 2
I
frffiounr;t
12lOl weslem Ave. Gorden Grove. CA 92841 . (714) 685-5340 ' FAX (714) 67G9656
www - I source disl-com
November 13,2015
City of Vemon
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Tree Retardant Cable
To whom it may concern:
OneSource Distributors is glad to provide two bids attached.
One for Southwire and one for CME Wire and Cable.
Exceptions:
Lead times will run approximately 10-12 weeks aro for Southwire
Lead times will run approximately 16-18 weeks aro for CME
OneSource takes exception to the liquidated damages clause.
We can provide proof of insurance for City of Vernon upon receipt of a purchase order. Meanwhile
we have provided an example given to one of our other utility customers.
Thank you for your consideration on these bids.
Sincerely,\_/T)- // ^ --l-;7"/Cccu &1-t*LC<-t',-
Mary Bertao
(562) 401-1275
ELECTRICAL . AU]OMATION . CONTRACTOR . UTILITY' INDUSIRIAL' TOOLS' SAFETY
BIDDER'S CHECKLIST
The following list is provided to assist bidders to eliminate errors and omissions which
may render Your bid unaccePtable.
DOCUMENTS TO INCLUDE:
Bid packages must include the following completed documents:
o Signature Page and Legal Status
o Unit Price Bid Form (complete the column entitled "Bid Unit Price" - if you do not
wish to bid on a particular item, write 'NO BID)
o Affidavit of Non-Collusion by Bidder Form
o City of Vernon Vendor List Questionnaire Form
HOW TO SUBMIT THE BIDS:
/ Bids must be signed and submitted in TRIPLICATE. Bidder must submit bids in
an ORIGINAL AND TWO COPIES.
/ All bids shall be enclosed in sealed envelopes, distinctly marked "Bid'with the title of the
bid and the bidde/s name address appearing on the outside.
r' Bids should be addressed to:
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
TIMING TO SUBMIT AND OPEN BIDS
The city clerk must have received lhe bids by 2:00 p.m., on the day listed in the Notice
Inviting Bids. The City strongly recommends that bidders either hand deliver or mail
wetl before that iime and date to ensure that it is timely received.
At the time of the bid package opening, the city clerk will open the bid packages and
acknowledge the receipt of Unit Price Bid Form from Manufacturer/supplier. once all
bid packages are opened, and the bids announced, the Unit Price Bid Forms will be
made available for public review.
24
SIGNATURE PAGE AND LEGAL STATUS
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to enter into a contract should the City accept this bid.
Bid by
Legal status of bid der:PIease check the apProPriate box
Corporation/LLC Stateoflncorporation
Partnership List Partners (attach additional sheets if necessary)
DBA Sta te full name DBA
Explain
Signatu re of Bidd er
Other
maress lTlol a\csk-rn frb? city 6'onfuLtl-s,^," tA zioQAg4l
rerephone No.6bN 40l1 aqq
BIDDER,S IN ITIALS
1.
2.
3.
(Name of Firm)
ihorized Signature)
signed thispta v ot NoVembp r .zoLf; nb
ADDENDUM NO.
22
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AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR
]TATE OFCALIFORNIA ISS
COUNTY OF LOS ANGELES}
Cr,pf tCe R; a h .being first dulv sworn deposes
and says that he/she is
who submits here$'ith to the City or Vernon a proposal;
That all statements offact in such proposal alt true;
That such proposal was not made in the intetest ofor on behalfofany undisclosed person,
Partnership, company, association, organization or corpomtion;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with
anyone attempted to induce action prejudicial to the inter€st ofthe City ofVernon, or ofany
other bidder or anyone else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder':
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not dir.ectly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or
anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or
withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or confetence with
anyone to raise or fix the pnrposal price ofsaid bidder ol ofanyone else, or to raise of fix any ovet'head
profit or cost element of this proposal plice, or of that ofanyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, oI the contents
thereof, or.divulge information or data relative thereto, to nay corporation, parlnership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of indivicluals, except the City of Velnon, or to any person or persons who have a partnership or
other financial intelest with bidder in his business.
I certifl undl] penalty of perjury that the above infotmation
By,
(Ins€i "Sole Owncl', "Parttre,:', "P6idenl", "S.crelarv", or olhcr pmper litlc)
(lnscrt name ofbidder)
Date:
* Ctnesourt o Tistribulor1
rnt", Uh'l;fq ndna|er
CITY OF VERNON
4305 Santa Fe Avenue, Vernon, C
Telephone (323) 583-8811
Vendor List Questionnaire
Affidavit of Equal Opportunitv & Non Seeresation
ln order to be placed to the City's vendor list and be eligible to receive City business, you must
provide the following information. By submitting this form you are declaring under penalty of
perjury under the laws of the State of California and the laws of the United States that the
information is true and correct. Furthermore, you are certifying that your firm will adhere to
equal opportunity employment practices to assure that applicants and employees are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex or age. And, your firm does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location, under its control, where segregated
facilities are maintained.
Name of compan v\nagoumo b;Sfn'lrUWrness relephone 5112-t\61_1t97
aaaress I tl 0 I U)ec{trn fr1ft Fax N umber
ciq C.ctqltn f{etrr- state CE zip qJg4J
conr.act e er son [Y)a,fLl-fi11r-l1ga E-nnal Addrcss no r y h @ I (; fl t rwd i6f , c{J
Tax lD Number (or Social Security Number)
Remit Address (if different)
please state clearly and concisely the type(s) of goods and services your company provides:
27
ruill b4- prlvidrd r{ u,oardil +o 0ru--Sorctlislrih,tlors
CERTIFICATE OF LIABILITY INSURANCE
!
I
z
t
o
CERTIFICATE HOLOER CANCELLATION
@1988-2014 ACORD CORPORATION. All righls reserved.
The ACORD name and logo are registered marks ol ACORD
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN T}IE ISSUING INSURER(S), AUTHORIZEO
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICAIE HOLDER.
IMPORTANT: lI the certificate holder Is an ADDITIONAL lNsUnElJ, lne pollcy(rcs, musl oe eno N rr warvEu, suelEur iu
the terms and conditions of the policy, certain policies may require an endorsement A statement on ihis certificate does not confer rights io the
certilicate holder ln lieu ofsuch
Ri sk Services Northeast, Inc.
stamford cr office
1600 su ner Street
stamford cT 06907-4907 usa
onal union Fire rns co
oncsource oistributors, LLc
3951 oc€anic Drive
oceanside c-A 92056 lrsa
||lErnEF B New HamPshire lns Co
noice'rl-o -tor,lvrrnsreuorruo ew neoutnemit'ti, iEnu on colortoN oF ANY cqNTRAcr oR orHER DoCUMENT WITH REsPEcr ro wHlcH THls
bL-niiiiceri tuui se rssueo on uev pearlir.i iirL rNsuaeNiE *ronoED By rHEPoLlclEs DESCRIBED HEREIN ls suBJEcr ro ALL THE TERMS
EicLL]sioi.isnjlo coNotiibr.rs or sucn portctes LrMrrs sHowN MAy HAVE BEEN REDUCEo BY PAlo CLAIMS Lim[sshown5reas request.
anTos | | A'Jros
EOOLY INJURY ( P.TP.RON)
ANY PROPfIIEIOR / PARINER
'
EIECUfIVE
ATE HOLDER IS INCLUDEO A5 ADDITIONAL INSURED AS REQUIRED BY WRITTEN CON'TRACT I BUT LIi4ITED TO T}IE OPEnATIONS.OF THE
ijriei-iliri iorinrcr, prn rne apprrcreii itroonseueri wrrH REsPEcr ro. rHE.!!lql!..!rl9].:Il lP'-IfI ^l.Ii+Y:l.o:. -..UNDER SAID CONTRACT, PER THE APPLICABLE ENDOR5EMENI
ion ts cutrreo rN FAvoR oF cenurraii xoroin A5 neoutreo By wRrrrErr coMTMcr BUr LrLrrED To rHE oPEMTroNs oF THE
uNijen-sero cdrrucr, ||/Irx REspEcT To ixi ciNeur rrisrLrry, auror.oerrE LTABTLTTY, ExcEss LlaarlrrY 4!q rclIEl:
iioi "ofiErii. ct eiar LrasrLtry porrci evioerceo rerelr ri pnrumv 4!D !9'!-qryr!Iq[9!Y ro orHER TNSTJRANCE avarLABLE
iii_tiiiirrcriE iororn, gur oNLy ro rHE EXTENT REQUTREO By WRrrrEN COr{rRAcr r{rrr{ TrrE rNsuRED.
SIIOT'ID ANY OF t}C ABOVE DESCRIBED POLICES EE CA CELTTD BEFORE TT€
EXPTAIIOX DATE €REOF, XOITCE U/EL EE D€LIVERED IN ACCOiDANCE \IUTH TIC
SOUTHERN CAL-]'ORNIA EDISON COMPANY
Z3 PARKER avE.
IRVINE CA 92718 USA
ACORO 25 (20',14/01)
1814990
1814993
3E14992
acENcY cusToMER tD. 57000003042E
{5;fu ADDTToNAL REMARKS scHEDULE Page - of -
Aon Risk services Northeast. rnc.onesource Di stri butors, LLc
see certi fi cate Number: 570056209156
see Certi fi cate Nunber: 570056209155
ADOITIONAL REiIARKS
THIS ADDITIONAL REMARKS FORi, IS A SCHEDULE TO ACORD FOR't'I,
FoRM NUi,IBER: ACORD 25 FORM ITLE: Cerlificate of Liability insurance
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER
INSURER
Ir.-SURER
INSURER
POLICIES Ifa policy below does not include limit information, refer to the mrresponding policy on the ACORD
certificate form for policy limits.
I]\SR
LTA INSD
sttsR EITECTTI'E
I'ATE
EXPIN.ATION
DATE
LITiITS
WORKERS COMPENSATION
c dc011951121 07/01/20Ls 07/0r/2076
B dco11953122 0r/0t/20Ls or/ot/2076
B h,c011951123 cl/07/2075 07/07/2016
B wc011953125
,.lA, ND, OH, WA, UI, WY
srR applies p€r policy te
0r/oL/zols
ns & conditi
oL/oL/2076
B dcoU953124
IL, KYI NC' NI]I W, VT
07/0L/20t5 01-/01/2016
acoRo 1ol {2o0u01)
Ille acORD n.me.nd loso are resislered h.rrs oTACORD
O2oo8 ACORD CORPORAnON. All nghls rcseryed
17kV Primary UD Gable Jacketed
Moisture Blocked Aluminum Conductor
TRXLP lnsulation
Concentric Neutral
LLDPE Jacket
CaUe image is lor retelence only and do€s not deFcl adualcable conslruclion
Applications:
. Predominantly used for primary underground distribution
. Suitable for use in wet or dry localion, direc{ burial,
underground ducts, and exposure to direct sunlight
. To be used at conductor temperatures nol to exceed
90"C normal operation.
Specificationsl
Manufactured to the latest editions of the following standards;
. ANSUICEA 3-94649
. AE|C CS8
Print:
SOUTHWIRE HI-DRI 750 KCMIL AL SCE MTED 17KV TR XLP
INSULATION 220 MILS (NESC) - SOUTHWRE (MMM'^I'YY) NON-
CONDUCTING JACKET SEQUENTIAL FOOTAGE MARKS
Constructionl
Conductor
. Moisture Biocked 1350-H16/H26 Aluminum
. Compressed Stranded
Strand Shield
. Semi-conducting crosslinked Polyelhylene
lnsulation
. Tree Retardant Crosslinked Polyethylene
lnsulation Shield
. Strippable Semi-conducting Crosslinked Polyethylene
Concentric Neutral
. Annealed Copper Wres
Jacket
. Linear Low Density Polyethylene
11/16/15 60.06.05 dr'>-'.]:g
Si:e- l{ol'r. Nom. .lonr- Min. t{ax' -.Uin.' -. 1Ij Rating Number x Nom ilom.
Wire Size Diameter Oiameter
(AWGI {inches) (incheslsi*..-i" orJiilL. o;amet', miciness oiameter Dtameter Diamerer oi:met€r
iiJiia-i i"-*;i ii;.sl {inches, lirchrl linches} (inches) {incnes)
Southwire'
17kV Primary UD Gable Jacketed
Moisture Blocked Aluminum Conductor
TRXLP lnsulation
Concentric Neutral
LLDPE Jacket
Cable image is lor reference only and does not depicl aclualcable construc{on
Applications:
. Predominantly used for primary underground distribution
. Suitable for use in wel or dry location, direcl burial,
underground ducts, and exposure to direcl sunlight.
. To be used at conductor temperatures not to exceed
90'C normal operation
Speciticationsi
Manutactured to the latest editions of the following standards:
. ANSt/tCEA 5-94649
. AE|C CS8
Prinir
SOUTHWRE HI-DRI lOOO KCMIL AL SCE RATED 17KV TR
XLP INSULATION 220 MILS (NESC) - SOUTHWRE
(MMMA/YY) NON.CONDUCTING JACKET SEOUENTIAL
FOOTAGE MARKS
Construction:
Conductor
. Moisture Blocked 'l35GH'16/H26 Aluminum
. Compressed Stranded
Strand Shield
. Semi-conducting Crosslinked Polyethylene
lnsulation
. Tree Retardanl Crosslinked Polyethylene
lnsulation Shield
. Strippable Semi-conducting Crosslinked Polyelhylene
Concentric Neutral
. Annealed Copper Wires
Jackei
. Linear Low Density Polyethylene
11/1€i/15
Ydr!'srorlE consht'nd ItEt youbE'gd.d aglEdr"
this srirEikr 6tE1 .rd upd conftmarE^ ol tour crd.r
lh6 rem ms)-6. hn-cffi€labla and n6-rerurrElr.dt+.'.:tg
lnsulation lrsulation Shield Concentac l{eutral JEcket
Size- Nom. llom. llorn Min. llar- Min_ llar' Rating Numbe?r Nom' Norn .l{otn
srranas oiamet". Diameter Thickness Dlameter oiameter Diameter Diameter wire size Dlameter DhmeteT (lbs'10{
ii'li i ir;;fii iinitiii tinir'".r i;chesl (inchesl linch€s) (inchesl (awc) (inches) finches]
15kV Powerclide MV Pnmary UD Cable
1skv PowerGlide MV
Primary UD Cable
Aluminum or Copper Conductor. TFIXLP lnsulation.
Bare Copper Goncentric Neutrals.
Engineered Powerclide Polyethylene Jacket.
APPLICATIONS
Predominantly used for primary underground distribution in conduit systems; suitable for use in wet or dry locations, direct
burial, underground duct, and where exposed to sunlight. The engineered Powerclide polyethylene iacket allows the
cable to slide through duct with less friction, resulting in longer pulls or longer pushes with less lubricant, or in some
cases, no lubricant at all. To be used at 15,000 volts or less and at conductor temperatures not to exceed 90"C for normal
operation.
SPECIFICATIONS
Southwire 'l5kV PowerGlide MV Primary UD Cable meets or exceeds the following ASTM specifications:
. 83 Soft Annealed Copper Wire
. 88 Concentric-Lay-Standed Copper Conductors, Hard, Medium-Hard or Soft
. 8230 Aluminum, '1350-H19 Wire for Electrical Purposes
. 8231 Aluminuml350Conductors,Concentric-Lay-Stranded
. 8609 Aluminum 1350 Round Wire, Annealed and lntermediate Tempers, for Electrical Purposes
Southwire 15kV PowerGlide MV Primary UD Cable is manufactured to ihe latest edition of the following specifications,
and in case of speciflcation conflicts, in the order listed:
. ANSr/rCEA 5-94-649. AEIC CS-8. RUS U.1
CONSTRUCTION
The cable is composed of a solid or moisture blocked reverse lay, compressed stranded soft drawn copper, or a solid or
moisture blocked reverse lay or unilay compressed stranded 1350-H16/26 aluminum phase conductor, covered by a
semi-conducting cross-linked polyethylene strand shield, a tree-retardant crosslinked polyethylene primary insulation,
and a semi-conducting cross-linked polyethylene insulation shield- Conductors are available with either 100% or 133%
insulation levels. A concentric neuual of bare copper wires and a sunlight resistant, -40"C rated, insulating engineered
PowerGlide polyethylene jacket are applied over the insulation shield. The cable is identified by surface print on the jacket
and with the lightning bolt symbol for supply cables indented in the jacket. Red extruded stripes available upon request. A
semi-conducting engineered Powerclide polyethylene jacket is also available upon request.
Copynght 201 3. Sodhwire Clspany
Al RighG Roetoed@s"rtt*io"MADE
II{ T THE
USA
{skv PowerGlide MV Primary UD Cable
Phase Conductor Neutral Thickness Per Cond. (milsl Diameter (mils)
Weight
1000 feet
(lbs.)
Allowable
Ampacities+
Size
(AwG or
kcmil)
Strand-
ing
No. of
Wires
Size
(AwG)
Nominal
lnsul.
lnsul,
Shield
min.
Point
Approx.
Jkt.
Bare
Phase
Cond.
Ove r
lnsu l.
Over
lnsu l.
Shield
Comp.
Cable
Comp.
Cable
Direct
Burial
ln
Ducts
ALUMINUM GONDUCTOR -OO% INSULATION LEVEL
2 So rd 10 '14 t/3 30 50 258 653 733 961 453 168r 119.
2 7 10 14 175 30 50 283 678 758 986 470 '1 '1 9"
1 Sod '13 14 175 30 50 289 685 765 993 520 193-137-
1 19 13 14 175 30 50 714 798 1026 539 193'137-
1lO Sod 16 14 175 30 50 720 800 -t028 591 218.155.
1lo 19 16 14 175 30 50 748 828 1056 609 218.155',
2to 19 20 14 175 50 395 790 870 1098 703 248'177',
3/0 19 25 14 30 50 443 838 918 1146 8',17 284'201.
4t0 19 20 12 175 30 50 498 893 973 1234 230'
250 37 10 175 30 50 558 963 1043 '1346 1213 360.257-
350 37 18 14 175 40 50 661 1068 1168 1396 1055 319*
500 37 25 14 175 40 50 789 1'193 1293 1521 1349 468*
750 61 24 12 175 40 80 968 1383 '1483 1798 1946 468-
1000 61 20 '10 175 40 80 't1't7 1 530 1630 1988 2473 642*542*
1250 91 25 10 220 55 80 1250 '1 765 1895 2253 3142 688*604*
1500 9'1 30 10 220 55 80 1370 1885 2015 2373 3616
COPPER CONDUCTOR - lOO% INSULATION LEVEL
2 Solid '16 14 175 30 50 258 653 961 664 210-150.
2 7 '16 14 175 30 50 283 678 758 986 684 210'150.
1 Solid 20 14 175 30 50 289 685 765 993 780 240.'171'.
1 19 20 14 '17 5 30 50 322 718 798 1026 803 240'171'
lto Solid 14 175 30 50 325 720 800 1028 922 273''194r
1to 19 25 14 '175 30 50 362 758 838 1066 951 194'*
2to 19 20 12 -175 30 50 405 800 880 1142 1'161
3/0 19 25 12 175 30 50 456 853 933 1194 1390 255'
4to 19 20 10 175 30 50 512 908 988 1291 1717 410-293.
37 24 '10 175 30 50 558 963 1043 1346 1992 446-322.
350 37 18 12 175 40 50 661 1068 '1 168 1429 1964 489*400't
500 37 26 12 '175 40 50 789 1 '1 93 1293 1554 2651 577*
750 61 25 10 175 40 80 968 1383 1483 1840 3906 649*532*
1000 t)26 I 175 40 80 1117 '1530 '1630 2013 5041 720*630*
1250 91 26 175 55 80 1250 '1765 1895 2306 6400 760*667*
+ Ampacities shown assume use of 100% load factor, 60 Hz current, 36" burial depth, 20"C ambient temperature, 90'C
@nductor temperature, earth RHO 90. insulation and shield RHO 400
. Full neutral construction (Ampacities assume - single phase circuil, one cable)
.* 1/3 neutralcable (Ampacities assume - three phase circuit, 3 cables triplexed, multi-point grounding per ICEA methods)
One Southwire Drive
Canollton. GA 301'19 USA
77U4324242
www.southwire com
@so"u.*ir"'
'Southwire rs a reglstered lrademari of Southwire Company
{skv PowerGlide MV Primary UD Gable
Phase Conductor Neutral Thickness Per Cond. (mils Diameter (mils)
Weight
'1000 feet
(lbs.)
Allowable
Ampacities+
Size
(AWG or
kcmil)
Strand-
ing
No. of
Wires
Size
(AwG)
Nominal
lnsul.
lnsul.
Shield
min.
Point
Approx,
Jkt.
Bare
Phase
Cond.
Over
lnsul.
Ove r
lnsul.
Shield
Comp.
Cable
Comp.
Cable
Oirect
Burial
ln
Ducts
ALUMINUM CONDUCTOR - 0.220" INSULATION . 133% INSULATION LEVEL
2 Solid 10 14 220 30 50 745 825 1053 511 1 '19'
2 7 10 14 220 30 50 283 770 850 '1078 530 168.1 '1 9r
1 Sod 13 14 220 30 50 289 778 858 1086 580 193.137'
,l 19 '13 14 220 30 50 810 890 '1 1 '18 602 193-137',
1to Sol d 16 14 220 30 50 325 813 893 1121 654 218''155.
lto 19 14 220 30 50 352 840 920 1148 673 218-'155.
2t0 19 20 14 220 30 50 395 883 963 1191 769 248'177'
3t0 19 25 14 220 30 50 443 930 10'1 0 1238 886 284'201',
410 19 20 12 220 30 50 498 985 1065 1327 '1067 324-230"
37 '10 220 40 50 558 1055 '1 '155 1459 13'16 360'257'
350 37 18 14 220 40 50 661 1158 1258 1486 1137 389*3'19*
500 37 25 14 220 40 50 789 1285 '1385 16'13 1439 468"384*
750 61 24 12 220 40 80 968 1475 1575 1891 2053 569*468*
1000 61 20 10 220 55 80 1117 1623 1753 2110 2639 542*
91 10 220 55 80 1250 1895 2253 3142 688*604*
1500 91 30 10 220 55 80 1370 '1885 2015 2373 3615 637*
COPPER CONDUCTOR . 0.220' INSU .ATION . 133% INSULATION LEVEL
2 Solid 16 14 220 30 50 258 745 825 1053 210-150.
2 7 16 14 220 30 50 770 850 1078 744 210''150.
1 Sod 20 14 220 30 50 289 778 858 1086 840 240-171'
1 19 20 14 220 30 50 810 890 11'18 865 240'171.
1t0 Sod 25 14 220 30 50 325 813 893 1121 984 194.
1to 19 25 14 220 30 50 362 850 930 't158 10'1 5 273'194'
2t0 19 20 12 220 30 50 405 893 973 1234 '1230 224'
3/0 19 25 12 220 30 50 456 943 1023 1284 1460
4to 19 20 '10 220 30 50 512 '1000 1080 1384 1795 410.
250 24 10 220 40 50 558 1055 1155 1459 2095 446'
350 37 '18 12 220 40 50 661 1158 1258 '1 5'19 2048 489*400*
500 26 12 220 40 50 789 1285 1385 2744 577*472*
750 6'1 25 10 220 40 80 968 147 5 1575 1933 4016 649-532*
'1000 61 26 I 220 80 1117 1623 1753 2135 5209 720*630*
1250 91 26 8 220 55 80 1250 1765 1895 2306 6400 667*
+ Ampacilies shown assume useof 100% loadfactor,60 Hz current,36" burial depth, 20"C ambient temperature, 90'C
conductor temperature, earth RHO 90, insulation and shield RHO 400
' Full neutral construction (Ampacities assume - single phase circuit, one cable
'. 1/3 neutral cable (Ampacities assume - three phase circuit, 3 cables triplexed, mulli-point qroundinq per ICEA methods)
One Southwire Drive
Carrollton, GA 30119 USA
7701a324242
www.southwire.com
@ so"u""i"""
lsouthwire is a registered uademart of Southwire Company
ECEIVED
DEC 0 8 20t5
(]ITY ADMINISTRATIONREEE'VED
DEC 0I 2015
CITY CLERt('S OFFICE
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
Lisette Grizzelle, Interim Human Resources D ir""tor@!/
December 15, 2015
Honorable Mayor and City Council
Approvd of a Resolution Adopting an Amended
Fringe Benelits and Salary Resolution, Sections 18
Insurance in Accordance with Government Code
Repealing all Resolutions in Conflict Therewith
DATE:
TO:
FROM:
RE:and Restated Citywide
and 19, Retiree Medical
Section 20,636@Xl) and
Recommendation
A. Find that approval of the attached resolution in this staff report is exempt from Califomia
Environmental Quality Act ("CEQA) review, because it is a general policy and
procedure making activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378. Furthermore, even if it were a project, because such activity
will not have any effect on the environment, this action would be exempt from CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have a signifrcant effect on the environment; and
B. Adopt the attached resolution amending and restating the Cit)'wide Fringe Benefrts and
Salary Resolution, effective December 15,2015 to add a tiered Retiree Medical Benefit
Program for Executive group. There are no changes to the Classification and
Compensation Plan.
Background
The City of Vemon is currently recruiting for several executive level positions. To ensure the
City of Vemon is up-to-date and well-informed about retiree medical benefits in the City's
competitive labor market and is able to offer attractive benefits ensuring high quality candidates,
staff conducted a survey to determine the level of retiree benefits offered to other executive level
employees.
The attached survey summary data is derived from the local cities used as the standard for the
City of Vemon's survey comparisons. These cities were selected based upon the criteria
Page 1of 7
established by the City Council and approved to be considered local comparator cities for the
various employee groups.
Survev Findings
RETIREE MEDICAL
City OIIers Retirre
Medical
(YN)
Min.
Service
Years
Spousc
Eligible
(YN)
Dep€ndents
Eligible
(YN)
Monthly
Retirte
Maximum
Medical
Contribution
Spouse continucs
eligibility after
employee deceases
(Y/N)
Alhambra Supplemental 20 Y Y $360 00 Y
Arcadia PEMCHA_
Employee must have
accrued 1000 sick
leaYe hrs.
5 Y N PEMCHA
Minimum -
$122
Azusa 50 w/lO yrs. svc.10 N N 50% - single
rate
N
50 15 yrs. svc,l5 N N 75?o -single
rate
N
50 w/20 ys. svc.20 Y N 1007. of the
highest HMO
Y
Burbank Retiree Med. Trust
and Retiree Health
Savings Plan
5 N/A N/A City
Contributes
$100 per month
to RHS and
$50.00 per pay
period to Trust
Cerritos PEMCHA 5 Y Y Employer pays
1007c uP to
PERS Choice
Tiered Plan l0 Y Y lO yr. = 59q",
20 year pays
lNEa Earch
succeeding year
rs 59o
mcrements
City oflos
Angeles
Tiered Plan t0 Y Y $ 1580.08 - Max
Subsidy
10- yrs. svc =
4O1o of max
medical plan
premium - 47o
for each
additional
whole year up
to 25 years for
1007o subsidy
Remaining subsidy
may be applied
toward dependent
coverage.
Page 2 of 7
City Olfers Retiree
Medical
(YN)
Min.
Service
Years
Spouse
Eligible
(Y/N)
Dependents
Eligible
(Y/N)
Month-ly
Retiree
Maximum
Medical
Contribution
Spouse continues
eligibility after
employee deceases
(YN)
Colton Percentage of
Cafeteria dollars
based on allowance
for active city
emptoyees ($990.00)
5 Y Y 5-30 yrs. =
4OVo - 90%
Based ot 29o
increments
Y
Culver City Hired before July [,
20ll wl2o-25 yearc
of svc.
5 Y Y Employer pays
957c of all ptans
except
PERSCare. -
7oEc
Hired prior to Jul I
20t I d5-19
$975.16 - with
10 yrs.
Hired after July t,
2OI I - PEMC}IA
and a retiree health
care trust fund
PEMCTIA
mlntmum =
$ I 15.00 per
month plus
Retiree Health
Care Trust Fund
El Segundo PEMCHA 5 Y Y $1.096.36
Glendale Retiree Health
Savings Plan
5 Y Y $75.00 per mo.
after 5 yrs. of
employment.
Sick leave
balance may
also be
converted to
cash and placed
into account
Y
Huntington
Beach
Hired before Dec. 1.
2009 - Retiree
Subsidy Medical
Plan Only
5 Y Y Y Y
Hired after Dec I,
2009 - Retiree bears
full cost of plan
N/A N/A N/A N/A N/A
Huntington
Park
PEMCHA 5 Y N City pays up to
Kaiser - LA
Region
Inng Beach
Y - Unused sick
leave of employee
is converted to pay
for the monthly
premium until
exhausted
Los Angeles
County
Page 3 of 7
City OITers Retiree
Medical
(YN)
Min.
Service
Years
Spouse
Eligible
(YN)
Dependents
Eligible
(Y/N)
Monthly
Retiree
Maximum
Medical
Contribution
Spouse continues
eligibility after
employee deceases
(Y/N)
Montebello PEMCHA 5 Y Y PEMCHA
Minimum -
$t22
Monterey
Park
Currently under a
reopener on this item
N/A N/A N/A Hired before
lan2Ol2 -
Employer pays
full cost of
employee only.
Employee shall
pay for
dependent
coverage above
the maximum
cap of $355.00
Effective Jan
2OO7 - 20 yrs.
of svc the
payment cap
shall be
s435.00.
Hired after Jan
2012 - No
redree medical.
However
currently under
reopener
Pasadena Cunently in
Negotiations for
Retiree Medical
Trust Fund
N/A N/A N/A City proposes
S850,0fi) per
year for all
misc.
emDloYees.
Riverside Retiree Health is
funded through
contributions to
deferred
compensation fund
5 Y Y Employer
contributes
$75.00 per
month
contributed to a
deferred
compensatron
fund.
Employee must
contribute
$25.00 per mo
Santa Fe
Springs
PEMCHA 5 Y Y $1389.99 max
Torrance Supplemental 5 Y $422.fi) per mo Y
whittier Supplemental l5 Y Y $415.0O per mo
Page 4 of 7
Summary Pending Responses
Currently in Negotiations
Does Not Offer Retiree
Medical
Minimum Years of Service
5 Year Minimum
10 year Minimum
15 year Minimum
20 year Minimum
Spouse Eligible under Plan
Dependents Eligible under Plan
Types of Retiree Plans+
Trust Accounts
Health Savings Account
PEMCHA
Tiered Coverage
Supplemental Plan
2
2
1
11
3
7
1
Spouse and Dependents Eligible for Coverage
68.75%
t8.7,yo
6.25Yo
6.25yo
15
t2
93.75%
75.OOYo
2
3
6
4
3
72.50%
78.75Yo
37 .50yo
25.ffiyo
18.75%
*Some cities offer dual plans
The City of Vernon Retiree Medical program currently offers the then current, lowest cost
employee only HMO insurance premium for employees who retire at age 60 or later with at least
twenty (20) years of continuous unintemrpted service. In comparison to the local comparator
cities, only one (l) other City in the surveyed market offered a minimum of rwenty years of
sewice. 68.7 5Vo of employers surveyed offer medical retiree premium with a minimum of five
years of service with no age restriction other than eligibility for retirement.
Fifteen (15) of the sixteen (16) responding cities surveyed provide continuation of medical
coverage for the spouses and twelve (12) of the cities provide continuation of coverage for
eligible dependents. The City of Vemon does not offer continuation of medical coverage for
spouse or eligible dependents. The continuation coverage is offered through COBRA which
extends coverage for eighteen (18) months at which time the retiree must purchase individual
plans for spouse and eligible dependent coverage.
Although many of the cities offer retiree medical coverage through CaIPERS Medical Coverage
(PEMCHA), many cities are moving towards tiered coverage and Retiree Health Trust Funds in
an effort to fund their OPEB liabilities.
Considering the results of the above survey, and the need to offer attractive benefits for purposes
of recruitment and retention in comparison to other jurisdictions, staff is recommending the
following Tiered Retiree Medical Program for the Executive group effective December 15,2015.
Page 5 of 7
Retiree MedicaUDental - Executives
A. Effective, December 15, 2015, Executive group employees who retire, with either a
service or disability retirement from City employment, may at the retiree's discretion,
choose to enroll in any available City-provided health and/or dental insurance plan.
B. Employees who retire shall be eligible for City-paid medical insurance coverage until
eligible for Medicare based on the formula set forth below. The retiree is responsible for
any portion of the health care premium (including any applicable spouse coverage) not
covered by this formula. Panicipation in any health insurance plan, whether at the City's
or the employee's expense, is subject to any rules and conditions imposed by the carrier,
as well as contingent upon the carrier's approving the enrollment of the retiree and any
applicable spouse. Retirees shall receive premium dollars based on the following:
Years of
Service with
Vernon
Percentage
of
Cafeteria
Dollars
Years of
Service with
Vemon
Percentage
of
Cafeteria
Dollars
5 50Va l8 7 6Va
6 52Vo 19 787a
l 54Va 20 SOVI
8 56Vo 2t 82Vo
9 58%22 84Vo
l0 6O9c 23 86Vo
11 62%24 88Vo
t2 64Vc 25 909c
l3 66Vc 26 927o
t4 687c 27 94%
15 TOVo 28 96Vc
16 72Va 29 98Vc
11 7 4Vc 30 1U)Vo
C.The retiree may use the allotted dollar amount to purchase medical and dental insurance
for himself or herself and their spouse. The percentage is based on the monthly Cafeteria
Plan allowance for the then active city employees at the time the employee retires. The
dollar amount will not go above or below the amount the employee was eligible for when
he/she retired.
In the event the retiree and/or dependent premium exceed the allowance amount per the
above schedule/formula, the retiree shall be billed for and must pay the difference on a
monthly basis. Should the retired employee fail to pay any premiums due for the cost of
the insurance premium for the City's medical-dental insurance program for any two
consecutive months, or should the coverage otherwise lapse for any reason other than
City's non-payment, then the City's obligation to make further payment under the retiree
D.
Page 6 of 7
medical benefits program shall automatically terminate and cease, without the need for
further notice.
E. If the premium cost is less than the amount allocated by the above formula, the retiree
does not receive the difference. Additionally, there is no opt-out money paid to the
retiree.
F.The offer of the retiree medical-dental insurance benefits is not a vested right for future
years.
In the event ofthe death of the retiree who is survived by their spouse, enrolled in a city
health insurance plan at the time of the retiree's death, the city shall continue to provide
health coverage subject to the aforementioned schedule/formula only to the surviving
spouse enrolled at the time of the retiree's death.
All retired employees who receive medical and/or dental insurance benefits above and
who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall
show proof of such enrollment, where upon the City's insurance policy will become
supplemental coverage, if applicable.
f iscal Imoact
The current 2015-2016 monthly Cafeteria Plan allowance for Executives is $1,120.00. As such,
an Executive retiring at age 50 with 30 years of service or more would be eligible to receive up
to $1,120.00 per year for a maximum of 15 years, which would total $201,600.00. This would
be the absolute highest cost scenario possible and is not likely to occur now or in the future.
The closest known scenario to this an Executive retiring at age 55 with over 30 years of service,
which amounts to a maximum benefit of up to $133,280 for nine (9) years and l1 months.
Establishing a maximum City contribution helps control costs and better plan for and fund such
benefits going forward.
As discussed by the City's Finance Director, the City is seeking proposals on Retiree Medical
Trust Funds and actuarials to further explore all viable methods of funding OPEB liabilities.
Attachment(s)
1. Resolution
G.
H.
Page 7 of 7
City of Vernon
FRINGE BENEFITS
AND
SALARY RESOLUTION
Effective @December 1 5,
2015
TABLE OF CONTENTS
FRINGE BENEFITS AND SALARY RESOLUTION
PARTl-FRINGEBENEFITS
lntroduction: ................................ 4
Section 1: Ho1iday............ .........4
Section 2: Administrative Leave Time .............. 6
Section 3: Overtime......... ......... 8
Section 4: Compensatory Time............... ........ 10
Section 5: Court Time..... .........11
Section 6: Vacation......... .........12
Section 7: Sick Leave...... ........14
Section 8: Family Sick Leave (Kin Care) ............. ................... 16
Section 9: Bereavement Leave ............. ..........11
Section 10: Jury Duty ...............19
Section 11: Automobile Allowance and Beimbursement for Expenses .............20
Section 12: Health |nsurance................... .........22
Section 13: Dental |nsurance................... .........24
Section 14: Vision lnsurance ..................... ........25
Section 15: Life lnsurance . ........26
Section 16: Deferred Compensation Plan ................ .................27
Section 17: CaIPERS Retirement P|an................ ......................28
Section 18: Retiree MedicaylglQl lnsurance- Non-Safety Emplovees..........3e31
Section 19: Retiree Medical/Dental lnsurance- Executives ...... ..................33
Section !Q18: Longevity Program .........................3235
Section 210: Bilingual-Pay................ 34,
Section 221: Uniform Allowance....... ...................3538
Section 23:A Stand-by Po1icy.............. 3639
PART II - CLASSIFICATION AND COMPENSATION
Section 1.
Section 2.
Section 3.
Purpose.......... ........3943
The Compensation Plan .................3943
The Classification Plan ................... 392+3
EXHIBIT A _ CLASSIFICATION AND COMPENSATION PLAN .....,..4M4
PART 1
FRINGE BENEFITS
4
INTRODUCTION
The Fringe Benefit and Salary Resolution shall apply to all employees and otficers of
the City of Vemon. Exceptions, additions, and/or limitations to this basic policy may be
found in respective Memoranda of Understanding or employment contracts. The
existence of these policies shall not create or imply any employment contract or vested
right of employees.
For those employees covered in respective memoranda of understanding (MOU), the
provisions set forth in the applicable MOU shall prevail in the event that there is any
conflict between provisions established in this Resolution and any provisions
established in the respective MOU.
The provisions set forth in this Resolution or as amended from time to time shall be
effective upon City Council adoption, unless a specific effective date is stated therein.
PARTl-FRINGEBENEF]TS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated
herein by reference. Municipal offices shall be closed on such holidays.
B. The dates for observation of holidays shall be approved by the City Council.
C. lf an authorized holiday falls on a Sunday, the following Monday shall be treated
as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as
an authorized holiday to employees.
D. An employee whose regular shift assignment falls on an authorized holiday and
who is required to work on that day shall be paid at his/her regular hourly rate of
pay for the holiday, plus his/her regular hourly rate including any applicable
overtime pay for the actual hours he/she was required to work on the authorized
holiday.
E. Temporary and part-time employees are not eligible for paid holidays.
G. All full-time employees may use vacation time or compensatory time for a
religious holiday (not listed herein as an authorized holiday) with the prior
approval of the department head. lf there is insufficient accumulated time, the
employee may request the time as unpaid leave of absence.
5
TABLE 1 . HOLIDAY
HOLIDAY
January 1'' - New Year's Dav
3' Monday in January - Martin Luther Kinq Jr. Dav
3d Monday in February - Presidents Day
March 31"t - Cesar Chavez Dav
The Last Monday in May - Memorial Day
JulV 4' - lndependence Dav
The l o Monday in September - Labor Day
The 2"0 Monday in October - Columbus Day
November 1 1'n - Veterans Dav
The 4' Thursday in November - Thanksoivinq Day
December 24h - Christmas Eve
December 25' - Christmas Dav
December 31"t- New Year's Eve
And other davs as such desionated bv Cifu Council.
6
Section 2. ADMINISTRAT]VE LEAVE
A. Executive and Management - lncludes City Administrator, City Attomey, City
Clerk, City Treasurer and the heads of all Departments as listed in the City Code
or City Charter and their respective Deputies and Assistant Directors shall
receive, effective January 1 of each calendar year, 80 hours of Administrative
leave.
B. The 80 hours may not be carried over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
year.
C. Executive and Management staff hired, promoted, or reclassified on or after April
1 of each calendar year shall be eligible to receive pro-rated administrative leave
hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on
or Between
Administrative Leave
Januaryl-March31 80 hours
April 1-June30 60 hours
Julvl-Sept.30 40 hours
Octl-Dec.31 20 hours
Mid-Management - Staff who are designated as exempt in accordance with the
Fair Labor Standards Act shall receive, effective January 1 of each calendar
year, 60 hours of Administrative leave
The 60 hours may not be carried over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
year.
Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after
April 1 of each calendar year shall be eligible to receive pro-rated administrative
leave hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on or
Between
Administrative Leave
Januaryl-March31 60 hours
April 1-June30 45 hours
Julyl-Sept.30 30 hours
Octl-Dec.31 15 hours
G. All Administrative leave requests should be approved by the department head or
City Administrator at least ten days in advance of the date to be taken, although
D.
E.
F.
7
the department head retains discretion to approve the use of Administrative
Leave in special circumstances.
H. The City Administrator or his/her designee may grant additional administrative
leave upon commencement of employment in order to attract highly qualified and
experienced executive and management level staff.
8
Section 3. OVERTIME
A. lt shall be the duty of all department heads to operate their respective
departments with a minimum amount of overtime. lf the best interests of the City
require that an employee work beyond the forty (40) hours of work scheduled,
such employee shall be compensated as set forth hereinafter.
B. The department head may reschedule the workweek of employees in positions
not exempt from the FLSA to allow credit for productive hours actually worked on
one day (excluding lunch periods) towards the regular paid workweek schedule.
For example, if an employee wo*s twelve (12) hours on one day (based on a ten
(10) hour day), the entire twelve hours will be recorded on the time card as paid
worked time. ln this example, the department may schedule the employee to
work only eight (8) hours on one of the other scheduled workdays in the
workweek, as long as the employee's hours for the workweek do not fall below
the minimum paid work hours schedule.
C. All overtime requests must have prior written authorization of the respective
department head or designee prior to the commencement of such overtime work.
Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. Where verbal authorization is obtained, written authorization must
be obtained as soon thereafter as practicable.
D. Except as may be provided in specific memoranda of understanding, employees
will be paid overtime at time and a half (1.5) ol their regular hourly rate for all
eligible hours worked in excess of forty (40) hours in a single workweek.
E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury
duty leave, and bereavement leave shall count as time worked for the purposes
of computing overtime. Unpaid jury leave, disciplinary suspensions, and
administrative leave shall not count as time worked for the purpose of computing
overtime.
F. ln the event a part-time or temporary employee is required to work beyond
his/her assigned working hours, compensation shall be at the normal hourly rate
up to forty (40) hours per workweek. For hours worked beyond forty (40) in a
workweek, such employee shall be compensated at the rate of one and one-half
of (1.5) said employee's hourly rate.
G. lf an employee works on hiVher regular day off, the employee will receive paid
compensation or receive compensatory time, at the employee's discretion. With a
mutual agreement between an employee and his;iher supervisor, an employee's
regular day off may be rescheduled to another day off in the same pay period.
l. An employee is expected to begin work no more than five (5) minutes prior to the
beginning of his or her scheduled start time, and to stop work no later than five
J.
(5) minutes after the end of his or her scheduled ending time. An employee who
wishes to begin or end work at a different time must obtain written approval from
his or her department head prior to working the different or additional time.
Straight time and overtime will be compensated in six (6) minute segments of
time.
While overtime should be attempted to be distributed equally amongst all
employees in a given classification, the department head retains discretion to
assign such overtime.
The City Administrator, department heads and those management employees
designated by the City Administrator as exempt under the provisions of the Fair
Labor Standards Act (FLSA) shall not be subject to the provisions of this section
relating to overtime, but shall work such hours as may be necessary for the
effective operation of their respective departments.
Please refer to Human Resources Policy, Salary Plan Administration ll-3M.
t0
L.
Section 4. COMPENSATORY TIME
A. All regular full-time employees may request to accrue compensatory time in lieu
of cash payment for overtime worked. The total compensatory time accrued is
calculated by multiplying the number of hours of overtime worked by the
applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the
department head.
B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. lt
is at the employee's option whether to receive overtime compensation or
compensatory time accruals up to the 60-hour limit.
C. Compensatory time shall be taken in 1S-minute increments. Scheduling of
compensatory time requires prior approval and must be preceded by a ten (10)
day notice of intended use from the employee. Management may waive the ten
(10) day notice in cases of emergency.
D. Employees who have reached the 60-hour limit shall receive overtime
compensation. There are no cash payouts of compensatory time once an
employee has elected compensatory accrual.
ll
Section 5. COURT TIME
A. The required presence in a court of law of any employee subpoenaed to testify in
a matter arising within the course and scope of his/her City employment shall be
compensated in accordance with the below provisions.
B. For each day that the presence of the employee is required in a court of law in
response to an order or subpoena in relation to an incident or event arising out of
the course and scope of employment with the City, the employee shall be given a
paid leave of absence.
C. For each day an employee is required in a court of law in response to an order or
subpoena in relation to an incident or event arising out of the course and scope
of employment with the City that is outside of the employee's regularly scheduled
work shift, the employee shall be given a paid leave of absence.
D. An employee who needs to appear in court on any other matter not arising out of
the course and scope of employment with the City shall be expected to use their
accrued paid leave to make such appearance, or unpaid leave if no leave is
available.
t2
Section 6. VACATION
A. Except as provided for in respective memoranda of understanding, every full time
employee who has been in the continuous employment of the City shall receive
annual vacation leave as set forth in below:
Mid-Management and Conf idential Staff :
Continuous Years of Service Vacation Hours Eamed Bi-Weekly
Accrual
Executive and Management Staff : lnclude the City Administrator, City
Attomey, City Clerk, City Treasurer and the heads of all Departments as listed
in the City Code or City Charter and their respective Deputies and Assistant
Directors.
Continuous Years of Service Vacation Hours Eamed Bi-Weekly
Accrual
80
100
120
160
190
120
150
170
185
190
3.08
3.85
4.62
6.16
7.31
4.62
5.77
6.54
7.12
7.31
B.
c.
Mid-Management and Confidential staff shall be allowed to accumulate and carry
over to the next calendar year a maximum number of hours equal to the number
of hours the employee accrued during the immediately preceding year. ln or
about January of each year, employees shall be compensated for unused
accrued vacation benefit in excess of the allowed accumulated amount
referenced herein.
Executive and Management staff shall be allowed to accumulate up to a
maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum
accrual cap, the employee shall stop accruing vacation leave benefit until such
time he/she brings the vacation accrual below the 480-hour maximum accrual.
Vacation leave shall be scheduled with the approval of the City Administrator or
department head or his or her designee by submitting a Leave Request Form in
D.
l3
E.
writing, within ten (10) business days before the beginning of the vacation.
Vacation leave requests for extended times (3 weeks or more), unless an
unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation.
Vacations shall be approved subject to the needs of the department. The
employee's seniority and wishes will be factors that are considered during the
scheduling process.
Vacation leave requests shall not be in excess of such leave actually eamed at
the time it is requested or in excess of the regular scheduled workweek.
No vacation leave shall be accumulated by employees while they are on an
unpaid leave of absence.
Vacation may be taken prior to the completion of the employee's probationary
period under special circumstances and with the approval of the department
head.
ln the event one or more City holidays fall within a vacation period, such holidays
shall not be charged as vacation leave.
Upon separation from City employment, compensation shall be paid for vacation
leave that has been eamed but not taken.
Vacation leave shall be requested in fifteen (15) minute increments.
The department head retains discretion to cancel previously authorized vacation
in the case of an emergency.
The City Administrator or his /her designee may grant additional leave upon
commencement of employment in order to attract highly qualif ied and
experienced executive and management level staff.
F.
G.
K.
L.
t.
J.
M.
t4
c.
D.
Section 7. SICK LEAVE
A. All full-time employees shall accrue up to 80 hours of sick leave per calendar
year, at a rate of 3.08 of sick leave hours per pay period.
B. ln accordance with the Healthy Workplaces, Healthy Families Act of 2014,
beginning July 1, 2015, all part-time and temporary employees (excluding
CaIPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours
worked.
t.
Employees shall only receive sick leave accrual while they are in a paid status.
The City shall allow annual carry-over of sick leave hours for full-time employees
up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/
temporary employees. This bank of carry-over sick leave would provide a
cushion for long-term illnesses and injuries.
Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (parttime will
be compensated for at the end of the calendar year at 50% of the employee's
hourly rate.
Temporary employees are not eligible for cash-out of accrued sick leave hours.
All employees who are rehired with a break in service of less than one year are
entitled to have previously unpaid accrued and unused paid sick days reinstated.
Sick leave shall be allowed on account of actual illness, for the diagnosis, care,
or treatment of an existing health condition or preventative care for an employee
or an employee's family member (including to care for a parent-in-law,
grandparent, grandchild, or a sibling, in addition to child, parent, spouse or
registered domestic partner). Sick leave shall also be allowed for an employee
for certain purposes related to being a victim of domestic violence, sexual
assault, or stalking. Preventive health care shall include medical and dental
appointments (if such appointments cannot be arranged other than during
working hours) and injury not arising out of and in the course of employment.
Sick leave shall be used in increments of fifteen (15) minutes and shall not be
taken in excess of time eamed at the time it is taken.
Foreseeable sick leave requires advance notification, while unforeseeable sick
leave requires notice as soon as practicable. lf sick leave on account of any of
the above illnesses exceeds two (2) consecutive working days, the employee,
prior to return to work, shall submit a statement of such disability illness or injury
from the employee or family member's physician. The statement shall certify the
physical condition of the employee/employee's family member that prevented the
E.
F.
u.
H.
l5
employee from performing the duties
period of absence. The department
employee's position during
designee, in accordance
the
with
the
of said
head or
L.
departmental procedure, shall approve all sick leaves. Notwithstanding
above, the City may require verification of sick leave use whenever it has reason
to believe there is misuse, abuse or a pattem of abuse.
Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary
action. Abuse of sick leave includes, but is not limited to, not adhering to sick
leave policies, using sick leave for purposes not enumerated in this policy, and
falsifying or misstating facts when using sick leave. A pattem of sick leave usage
on Mondays, Thursdays, and immediately before and after holidays and/or
vacations may be evidence of sick leave abuse. A violation of this policy will
result in corrective action including counseling ancUor disciplinary action, and/or a
mandatory referral to the City's Employee Assistance Program. This
determination of abuse does not apply to an employee's use of sick leave under
an approved family, medical, and/or pregnancy disability leave in accordance
with state and federal laws,
lf in the opinion of the department head it appears that an employee may be
establishing a pattem of abuse of sick leave or frequent or excessive absences,
a statement establishing the need for sick leave from the employee's physician
may be required as a condition of approved sick leave.
Employees may use accrued compensatory or vacation leave for extended sick
leave absence because of a prolonged and continuing illness ancl/or medical
treatment after sick leave has been exhausted.
Employees are required to use accumulated sick leave concurrently with
absences on account of a work related injury arising out of and in the course of
his/her employment. ln cases where the injury suffered is covered by Workers
Compensation lnsurance, accumulated sick leave must be used concurrently to
make up the difference between Workers Compensation lnsurance allowance
and full base pay. Please refer to Personnel Policy, Family and Medical leave
Policy.
lf an employee resigns from the City with 20 years or more of continuous seruice,
he/she will be compensated for all unused sick leave hours in his/her sick leave
bank at the time of separation at 50% of his/her then current regular hourly rate
of pay.
lf an employee retires from the City with 15 or more years of continuous service,
but fewer than 20 years, he/she will be compensated for all unused sick leave
hours in his/her sick leave bank at the time of separation at 50% of his/her then
current regular hourly rate of pay. lf an employee retires from the City with 20 or
more years of continuous service, he/she will be compensated for all unused sick
N.
o.
t6
leave hours in his/her sick leave bank at the time of separation at 100% of his/her
then current regular hourly rate of pay.
P. lf a temporary employees resigns or the temporary assignment has ended,
he/she shall not be eligible for compensation of unused sick leave hours in
his/her sick leave bank at the time of separation.
t7
Section 8. FAMILY SICK LEAVE (KlN CARE)
ln any calendar year, employees may use the employee's accrued and available sick
leave entitlement, in an amount not more than the sick leave that would be accrued
during six months at the employee's then current rate of entitlement, for qualifying family
illness as follows: Sick leave for family illnesses will be allowed only for the sickness of
the spouse of, or the children of, or mother or father of, the employee living within the
same household. ln the case of joint custody of a child, illness of the child occurring at
the other custodial parent's house may also qualify. The department head shall approve
all family sick leaves and a statement establishing the need for sick leave from a
physician may be required as a condition of payment while on such leave.
18
Section 9: BEREAVEMENT LEAVE
A. Permanent full-time employees, regardless of period of service, may in the event
of death or if death appears imminent, ol any "immediate family membe/' as
defined below, including the equivalent relatives of a registered domestic partner,
be allowed up to the equivalent of four (4) work days (total hours may vary
depending on work schedule) of bereavement leave without loss of salary.
Relative All Regular
Employees
Spouse 4 work davs
chitd 4 work davs
Registered
Domestic Partner
4 work days
Step-Child 4 work days
Parent 4 work davs
Step-Parent 4 work davs
Mother-in-law 4 work days
Father-in-law 4 work davs
Grandchild 4 work days
Step-Grandchild 4 work days
Grandparent 4 work davs
Grandparent-in-law 4 work days
Brother 4 work davs
Sister 4 work davs
Step-Sister 4 work days
Step-Brother 4 work davs
Dauqhter-in-law 4 work davs
Son-in-law 4 work days
Brother-in-law-4 work davs
Sister-in-law-4 work days
Brother-inJaw and sister-inJaw are defined as the spouse of the employee's sibling or
the sibling of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) workdays and is paid in
thirty-minute increments. The bereavement leave begins on the first regularly
scheduled workday as requested by the employee. lf the employee leams of the
death while at work, he or she is entitled to leave work immediately; this partial
day leave will not be counted towards the bereavement leave.
Bereavement leave must be authorized by the Department head and must be
utilized within fifteen (15) days of employee leaming of the death, or of the date
of foreseen imminent death of the immediate family member, unless special
circumstances require that the leave begin at a later date. Such requests to the
Department head shall be made within 15 days of the employee leaming of the
B.
c.
l9
death or of the date of foreseen imminent death and shall not be unreasonably
denied.
D. Representatives may be selected by the Department head to attend with pay the
funeral of a co-worker in said department on behalf of the City if the funeral of the
deceased co-worker occurs during working hours; provided the funeral is held
within a reasonable distance of City limits.
20
Section 10: JURY DUTY
AII regular full-time employees summoned to serve on jury duty shall be provided
"Jury Duty Pay'' and there shall be no loss of compensation. An employee will be
compensated up to two weeks at full pay for jury duty. The employee must
provide notice of the expected jury duty to his or her supervisor as soon as
possible, but in no case later than 14 calendar days before the expected start
date of the lury duty.
An employee on call for jury duty is expected to report to work. An employee who
is called in for jury duty does not have to report to work before or after appearing
in court. All employees shall obtain verification of the hours of jury duty
performed using verification forms as may be supplied by the court.
Except as herein provided, employees shall remit to the City any compensation
received for those days while on lury duty and shall receive regular pay for the
time served. Employees shall be reimbursed by the City for the mileage portion
of the jury duty compensation. Jury duty performed on an employee's regular day
off shall not be compensated by the City and the employee shall be entitled only
to the jury's compensation for duty performed on such employee's regular day
otf. Employees assigned to jury duty on a City authorized holiday will be
considered to have taken such a holiday and will receive regular holiday pay, but
the employee shall be entitled to the jury compensation for duty performed on
such holiday.
B.
c.
2t
c.
Section 11: AUTOMOBILE ALLOWANCE AND BEIMBURSEMENT FOR
EXPENSES
Any employee who is required to use said employee's personal
automobile in the course of employment with the City shall be reimbursed
for each mile actually traveled on official business in accordance with the per
mile reimbursement rate allowed by the lntemal Revenue Service in effect at the
time of such travel.
Any employee who is required to travel in the performance of his or her duties
or to attend an authorized meeting or conference which is of benefit to the City
shall be reimbursed for reasonable expenses incurred for transportation, meals,
lodging and incidentals. Automobile allowance and reimbursement for expenses
shall be recommended by the department head or designee and approved by
the Ci$ Administrator pursuant to the provisions of the City of Vernon Travel
and Meeting Expense Reimbursement Administrative Policy. No allowance
shall be made for transportation between the employee's home and the place
where such person is normally employed by the City.
Certain employees serving in specified classifications shall receive a monthly
automobile allowance as set forth below and incorporated herein by
reference; altematively, specified employees may opt to receive use of a City-
owned vehicle and f uel.
Classif ication Amount
City Administrator $600.00 or City Vehicle
City Attorney $400.00
Finance Director $400.00
Fire Chief City Vehicle & Fuel
Assistant Fire Chief City Vehicle & Fuel
Fire Marshal City Vehicle & Fuel
Administrative Fire Battalion
Chief
City Vehicle & Fuel
Administrative Fire Captain City Vehicle & Fuel
Fire Training Captain City Vehicle & Fuel
Gas & Electric Director $400.00-
lndustrial Development
Director
$400.00
22
Utility Operations Manager City Vehicle & Fuel
Police Chief City Vehicle & Fuel
Health Director $400.00
Police Admin. Lieutenant City Vehicle & Fuel
Police Canine Officer #1 City Vehicle & Fuel
Police Canine Ollicer #2 City Vehicle & Fuel
Police Captain City Vehicle & Fuel
Police Lieutenant City Vehicle & Fuel
Police Motor Off icer #1 City Vehicle & Fuel
Police Motor Otlicer #2 City Vehicle & Fuel
Public Works, Water &
Development Services Director
$400.00
D. Wherever an automobile allowance is made to any employee for the use of their
personal automobile, such allowance shall not be payable whenever the
employee is on vacation, leave of absence, or otherwise absent the entire
calendar month, unless otherwise specified by the City Administrator.
E. The City shall not be responsible for repairs or any additional costs for upkeep,
fuel, lubrication, replacement in whole or in part, or other expenses in connection
with any such vehicle beyond the respective amounts set forth above.
*Fringe benefi.ts for the Director of Gas and Electric classiJication have historically included and currently include
use of a City-owned vehicle and fuel. Accordingly, the current Director of Gas ond Electric mo)- continue to use a
C )^-owned vehicLe and fuel in-lieu oJ receiving the $400 monthly automobile allowance. Once the current C t*-
owned vehicle is due for replaceruent or the current incumbent leaves the position, whichever occurs first, the
Director of Gas and Electric classiJication will receive the M00 monthlJ- automobile allowance-
23
Section 12: HEALTH INSURANCE
The City offers various medical plans to employees under a Section 125
Cafeteria plan (non-cash out). The City reserves the right to select, administer, or
fund any fringe benefit program involving insurance that now exist or may exist in
the future. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations.
B. The City shall contribute for each full-time employee up to the maximum
amounts as set forth below per pay period, toward the cost of his/her medical
plan as outlined in Subsection A through C below. ln the event an employee
does not exhaust nor exceed his/her monthly medical allowance, the employee
shall be allowed to apply any unused portion towards the purchase of dental,
vision, supplemental or ancillary plans offered through the City and approved by
the Director of Human Resources.
a. For employees enrolled in either the HMO or PPO (non-HSA)
medical plans, the City shall pay up to $1 ,050 per month of the
cost of the plan for employees and their eligible dependents
(spouse, registered domestic partners and qualified
dependents) The cost of any plan selected by the employee that
exceeds $1 ,050 shall be paid by the employee through a pretax
payroll deduction.
b. Effective January 1, 2015, employees enrolled in either the
HMO or PPO (Non-HSA) medical plans, the City shall increase
the amount by $70.00 and pay up to $1120.00 toward the
monthly medical allowance.
c. For Employees enrolled in the PPO/HSA plan, the City shall pay
up to $800 per month of the monthly cost of the plan for
employees and their eligible dependents (spouse, registered
domestic partners and qualified dependents). ln addition, for
each employee enrolled in a PPO/HSA plan, annually the City
shall make lump sum contributions to a health savings account
(HSA) as follows: $1,500 in January and $500 each in March,
June, and September. The cost of any PPO/HSA plan selected
by the employee that exceeds $800 shall be paid by the
employee through a pre-tax payroll deduction.
d. Effective January 1,2015, employees enrolled in the PPO/HSA
medical plan, the City shall increase the amount by $70 and pay
up to $870 toward the monthly cost of the plan for employees
and their eligible dependents.
D.
City Council members are entitled to the same medical benefits offered to the
management and confidential employees. The City shall not pay or reimburse
any medical-related health, vision, or dental costs not covered by the City's
insurance program or Medicare for City Council members or their eligible
dependents or spouses.
The City shall not provide or reimburse the City Council members or their
dependents or spouses for expenses incurred relating to a PERS long{erm
health care benefit.
25
Section 13: DENTAL INSURANCE
The City of Vernon provides a dental insurance plan to full-time employees. ln the
event an employee does not exceed his/her monthly employer medical allowance, the
employee shall be allowed to apply any unused portion toward the purchase of dental
insurance for himself/herself and eligible dependents (spouse, registered domestic
partners and qualified dependents). The cost of any plan selected by the employee
that exceeds his/her monthly employer medical allowance shall be paid by the
employee through a pre{ax payroll deduction.
26
Section 14: VISION INSURANCE
The City of Vernon provides a vision care plan to full{ime employees. The City shall pay
100% of the cost of such a plan for employees only. Employees shall have the option of
purchasing vision care for their dependents at a cost of 96.95 for one dependent or
$13.95 for two or more dependents. ln the event an employee does not exceed his/her
monthly employer medical allowance, the employee shall be allowed to apply any
unused portion towards the purchase of additional provided coverage for vision care.
2l
Section 15: LIFE INSURANCE
The City provides a $20,000 life insurance plan to fulltime employees. The City shall
pay 10OYo of the cost of such plan for employees. The City's agreement to pay full or
partial costs of said premiums shall not create or ripen into a vested right for said
employee. ln the event an employee does not exceed his/her monthly employer
medical allowance, the employee shall be allowed to apply any unused portion
towards the purchase of additional provided coverage for supplemental life insurance.
28
Section 16: DEFERRED COMPENSATION PLAN
Employees are eligible to participate in the City's Deferred Compensation Program.
29
A.
Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS)
CONTRIBUTION
MISCELLANEOUS EMPLOYEES
The City shall maintain its contract with the Califomia Employees Public Retirement
System (PERS) that provides full{ime employees hired before January 1, 2013 with
2.7o/o al55 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Acl
(PEPRA), new CaIPERS members hired on or after January 1, 2013 who meet the
definition of new member under PEPRA, shall be provided a 2.0"/" at 62 PERS
retirement benef it plan.
Employees shall be responsible for paying 100% of their PERS employee's
contributions.
The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
Gov't Code Section: 20042- (Classic Members Only) One
Year Final Compensation
New employees hired on or after January 1, 2013 who meet the
delinition of new member under PEPRA shall receive 3 Year
Averaoe Final Compensation
Gov't Code Section: 21024 - Military Service Credit as Public
Service
Gov't Code Section: 21624,21626,21628 - Post Retirement
Survivor Allowance
d. Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit
d. Gov't Code Section: 21573 - Third Level of 1959 Survivor
Benefits
The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lntemal Revenue Code.
B.
c.
b.
D.
30
SAFEW EMPLOYEES
A. The City shall maintain its contract with the Califomia Employees Public Retirement
System (PERS) that provides full-time safety employees hired before January 1,
2013 with 3.0% at 50 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPRA), new CaIPERS salety members hired on or after January 1,2013 who meet
the definition of new member under PEPRA, shall be provided a 2.7o/o al57 PERS
retirement benefit plan.
B. Employees shall be responsible for paying their PERS nine percent (9%) employee's
contributions.
C. The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
a' 9:J:.?i'""t"ffX:l;i'':l'-
(crassic Members onrv) one
New employees hired on or after January 1, 2013 who meet the
definition ol new member under PEPRA shall receive 3 Year
Averaqe Final Compensation
b. Gov't Code Section: 20124 - Military Service Credit as Public
Service
c. Gov't Code 21574 - 4n Level 1959 Survivor Benefit (Fire
members only)
d. Gov't Code Section: 21571 - Basic Level of 1959 Survivor
Benefit (Police members only)
e. Gov't Code Section: 21624,21626,21628- Post Retirement
Survivor Allowance
f. Gov't Code Section: 21548 - Pre-Betirement Option 2W
Death Benefit (Fire members only)
S. Gov't Code Section 20965 - Credit for Unused Sick Leave
D. The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lntemal Revenue Code.
3l
Section 18: RETIREE MEDICAL - NON-SAFETY EMPLOYEES
The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's m edical and/or dental
insurance premium(s) for all full-time employees designated as Executive,
Management, Mid-Management and Confidential who retire at age 60 or later with at
least twenty(2o) years of continuous uninterrupted service.
Retired employees will be permitted to enroll in a higher-cost plan and pay the
amount in excess of the HMO equivalent.
All full{ime regular employees with at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be
permitted to pay their medical and/or dental insurance premiums, and, upon
reaching the age of sixty (60), the City will pay up to the amount equivalent to
the then current lowest cost, employee only HMO medical and/or dental
insurance premium(s).
All f ull-time regular employees, who retire with a minimum of ten (10)
years of continuous uninterrupted service with the City, may pay the premium(s)
for medical and/or dental insurance.
All retiree medical and/or dental insurance benefits provided pursuant to subsections
A, B, and C above, shall be for retired employees only and shall not include their
spouses or other dependents.
All retired employees who receive medical andior dental insurance benefits
pursuant to subsections A, B, or C above and who reach the age of sixty{ive
(65), are required to be enrolled in Medicare, and shall show proof of such
enrollment, where upon the City's insurance policy will become supplemental
coverage, if applicable.
Should the retired employee fail to pay any premiums due for the cost of the
insurance premium for the City's medical-dental insurance program for any two
(2) consecutive months, or should the coverage otherwise lapse for any reason
other than City's non-payment, then the City's obligation to make further payment
under the retiree medical benefits program shall automatically terminate and
cease, without the need for further notice.
H. The City's obligation to make any payment under the retiree medical benefits
program shall automatically terminate and cease upon the death of the retired
employee.
l. The offer of the retiree medical benefits is not a vested right for future years.
I l-J. City Council members are entitled to the same retiree medical benefits offered to
A.
B.
c.
D.
E.
F.
G.
3Z
all full-time regular employees as identified under the citywide resolution for retiree medical
benefits in effect at the time Council members retire.
33
Section 19: RETIREE MEDICAUDENTAL - EXECUTIVES
A. Effective, December 15. 2015, Executive qrouo emplovees who retire.
provided health and/or dental insurance plan.
formula set forth below. The retiree is resoonsible for anv portion of the
health care premium (including anv applicable spouse coveraqe) not
covered bv this formula. Participalion in any health insurance plan,
whether at the Citv's or the emplovee's expense. is subiect to anv rules
Years of
Service with
Vemon
Percentaqe
of
Cafeteria
Dollars
Percentage
ol
Cafeteria
Dollars
5 50%18 76"/o
6 52o/"19 78"/o
7 54o/"20 80%
8 56o/"21 820/"
I 58"/"22 84o/"
10 60"/"23 86"k
11 620/"24 88"k
12 64o/"25 90%
13 66o/"26 92%
14 68%27 94%
15 7Oo/"28 96%
16 72"/"29 98%
17 74"/"30 100%
dental insurance for himself or herself and their spouse. The
then active citv emplovees. The dollar amount will not qo above or
D. ln the event the retiree and/or dependent premium exceed the
billed for and must pav the difference on a monthly basis. Should the
retired emplovee fail to pay any premiums due for the cost of the
any two consecutive months. or should the coveraqe otherwise lapse
for anv reason other than City's non-pavment, then the Citv's oblioation
to make further payment under the retiree medical benefits prooram
notice.
E. lf the premium cost is less than the amount allocated bv the above
is no oDt-out money paid to the retiree.
F. The offer of the retiree medical-dental insurance benefits is not a
vested rioht for future vears.
G. ln the event of the death of the retiree who is survived bv their spouse,
enrolled in a city health insurance plan at the time of the retiree's
aforementioned schedule/f o rm u la onlv to the survivinq spouse enrolled
at the time of the retiree's death.
and/or dental insurance benefits above and who reach the aqe of sixtv-
of such enrollment. where uoon the Citv's insurance oolicv will become
suoplemental coveraqe, if applicable.
35
Section 2019: LONGEVITY PROGRAM
A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE
JUNE 30, 1994.
The City has established a longevity program for all employees. The
longevity program described herein will apply to all employees, except Department
Heads and employees covered in a collective bargaining agreement, employed on or
before June 30, 1994.
a. Five (5) Years of Service,
All eligible employees who have five (5) years of consecutive
uninterrupted service on or before July 1, 1986, shall receive an additional five percent
(5%) per month of their base salary effective July 1, 1986, and every year thereafter
until reaching the next step. Employees upon reaching their Sth anniversary date after
July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary
date.
b. Ten (10) Years of Service.
All eligible employees who have ten (10) years of consecutive
uninterrupted service on or before July 1, 1987, shall receive an additional ten percent
(10%) per month of their base salary effective July 1, 1987, and every year thereafter
until reaching the next step. Employees upon reaching their 1Oth anniversary date after
July 1 , 1987, shall be entitled to said ten percent (1 0%) per month upon said
anniversary date.
c. Fifteen (15) Years of Service.
All eligible employees who have f ifteen (15) years of consecutive
uninterrupted service on or before July 1, 1988, shall receive an additional fifteen
percent (15%) per month of their base salary effective July 1, 1988, and every year
thereafter until reaching the next step. Employees upon reaching their 15th anniversary
date afterJuly 1, 1988, shall be entitled to said fifteen percent (15%) per month upon
said anniversary date.
d, Twentv (20) Years of Service.
All eligible employees who have twenty (20) years of consecutive
uninterrupted service on or before July 1, 1989, shall receive an additional twenty
percent (2O'/") per month of their base salary effective July 1, 1989, and every year
thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989,
shall be entitled to said twenty percent (2Oo/") per month upon said anniversary date.
e. Thirtv (30) Years of Service - Fire - Sworn
All eligible fire employees who have been appointed to a position ranking
above Captain and who have thirty (30) years of consecutive uninterrupted service on
or before July 1, 1991 , shall receive an additional twenty{ive percent (25%) of their
base salary per month effective July 1, 1991, and every year thereafter. Employees in
36
said position upon reaching their 30th anniversary date after July 1, 1991, shall be
entitled to said twenty{ive percent (25%) per month upon said anniversary date.
f, Compensation Not Cumulative.
Payment of the aforesaid longevity compensation shall not be cumulative
and only the highest applicable longevity pay shall be paid.
B. LONGEVITY PROGRAM FOR EMPLOYEESON OR AFTERJULY 1,
1994 AND ON OR BEFORE DECEMBER 31,2013.
The longevity program described in Section B herein will apply to all
employees, except Department Heads and employees covered in a collective
bargaining agreement, employed on or after July 1, 1994.
a. Five (5) Years of Service.
All eligible employees who are employed on or after July 1, 1994 and on
or before December 31, 2013, who attain five (5)years of consecutive uninterrupted
service shall receive an additional five percent (5%) per month of their base salary.
Such employees upon reaching their 5th anniversary date shall be entitled to receive
said live percent (5%) per month upon said anniversary date. Further, such
employees will not be entitled to receive any additional percentage increase to their
base salary for further service. This subsection shall only apply to employees hired
on or after July 1 , 1994 and on or before December 31 , 201 3.
3l
Section 210: BILINGUAL PAY
A program is hereby established for all employees whose regular and essential job
duties as described in their iob description provide for interaction with the public on a
regular basis, allowing said employee to be compensated for bilingual skills after the
employee demonstrates proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested, if necessary), which proficiency would be determined by
successful completion of a proficiency test administered by the Human Resources
Department. Those employees who successfully demonstrate this skill would be eligible
to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for
bilingual pay.
38
Section 2!+: UNIFORM ALLOWANCE
A. lf an employee's job classification requires him/her to wear a uniform while on
duty, as designated by the City or employee's Department, the City will provide
and launder such uniform.
B. For the Administrative Secretary and Police Records Manager that works in the
Police Department, the City will provide the initial set of uniforms to the
employees. The newly hired employee will receive: two (2) class A uniforms; two
(2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all
subsequent anniversary dates the City will provide an annual uniform purchase
and maintenance allowance of $600.00. The employee's uniforms shall meet the
applicable regulations for his/her iob classification pursuant to City/Departmental
policies.
C. The monetary value of uniforms shall be reported to CaIPERS in accordance with
CCR 571(a) and as defined by GC 7522.0ao
39
Section 2Q2: STAND-BY POLICY
The purpose of the Stand-by Policy is to have employees on stand-by to respond to
major incidents and emergencies during non-working hours which require immediate
attention to availability of qualified individuals with expertise in operating, maintaining,
restoring and repairing the City's technology systems.
A. lt is presently anticipated that the need for stand-by is for one (1) lnformation
Technology statf, with the understanding that actual stand-by staffing, if any,
remains at the discretion of the department head.
B. The Stand-by Policy does not apply to FLSA exempt managers and Executive
staff.
C. Stand-by duty requires that an employee be accessible, available, and physically
able to report to work. The employee must possess a City issued mobile phone
device that remains available for immediate contact. The employee must be
ready, willing, and able to respond to an emergency or incident or request for
assistance based on a pre-arranged schedule. Employees on stand-by must
respond to the mobile phone call immediately and be able to respond to the City
within one (1) hour of being called upon. The department head or designee will
determine if an employee is qualified to perform stand-by duties. The stand by
duty period shall be defined by the Department Head.
D. Employees on "stand-by'' shall receive two (2) hours of regular straight time
compensation for each date that the employee is assigned to be on stand-by.
Stand-by time is not counted as hours worked for purposes of overtime
calculation as employees are not restricted in their activities and may engage in
non-work related personal activities. On City-recognized Holidays where City Hall
is closed, employees on stand-by will be compensated four (4) hours of straight
time compensation.
E. An employee assigned to stand-by who is not available to report will be subject to
appropriate disciplinary action, unless the employee provides sufficient notice to
their immediate supervisor of their incapacity to respond prior to the call back so
that appropriate arrangements can be made for stand-by coverage.
F. When an employee on "stand-by'' is called back to the City, he/she shall be
entitled to "stand-by'' pay. Call back duty does not occur when an employee is
held over from his/her prior shift, or is working planned overtime. An employee
called back to duty shall be paid a minimum of four (4) hours of pay at the
applicable overtime rate. Time begins when the call back request is received and
ends when the employee returns home. lf work is performed remotely, the
employee shall receive hour for hour compensation at the applicable overtime
rate.
40
G. The employee will at times remain able to immediately respond to any
emergencies.
H. Each employee on stand-by duty is accountable to all of the rules and regulations
of the City.
t.
ln the event of a call back, the employee will wear his/her City uniform, if
applicable.
4t
PART II
CLASSIFICATION AND COMPENSATION PLAN
42
Section 1. PURPOSE
Exhibit A to this resolution is enacted pursuant to the City of Vemon City Charter to
provide for the classification and compensation of City officers and employees, and to
conform to the principle of equal pay for equal work.
Otficers and employees of the City of Vemon shall receive compensation and costs in
accordance with the amounts set forth in the attached compensation plan.
Seclionz THE COMPENSATION PLAN
The basic compensation plan for the various employee units, groups and non-
classified employees, as of the date of adoption of this plan is hereby established as
set forth in Exhibit A, Citywide Classification and Compensation Plan, which is
attached hereto and incorporated herein by reference.
The City Administrator shall have authority to create and maintain salary steps to
implement the provisions of this Section. Salaries granted pursuant to this provision
shall be reported to PERS as compensation eamed. Please refer to Human
Resources Policy ll-3, Salary Plan for specific policy and procedures.
Seeligr_A THE CLASSIFICATION PLAN
The classification plan includes the allocation of class titles to salary ranges for City
officers and employees. The Classification Plan further includes the allocation of class
titles to salary ranges for those employees that are designated as exempt from the
classified service. These exempt classes are for elective officers; persons appointed
by the City Council, including the City Administrator, and City Attomey; persons
appointed by the City Administrator, including department head or designees; and
persons appointed by the City Attorney pursuant to City of Vemon Municipal Code
that serve in an "at will" capacity subiect to the terms and conditions of an
employment contract and are so designated in the plan as "non-classified." The
classification plan as of the date of adoption of this plan is hereby established as set
forth in Exhibit "A" which is attached hereto and incorporated herein by reference. The
Human Resources Director, with approval by the City Administrator or his/her
designee, is responsible for maintenance of the Classification Plan, including the
allocation of new or changed positions to the appropriate class, the recommendation
of proper salary ranges within the provision of pay administration, maintenance of up-
to-date class specifications, and the preparation of reports and recommendations on
revisions to the Classification Plan. Please refer to Human Resources Policy ll-1 ,
Classification Plan Administration for specific policy and procedures.
43
EXHIBIT A
CLASSIFICATION AND COMPENSATION PLAN
44
RESOIJUTION NO.
A RESOLUTION OF THE CITY COI]NCIL OF THE CITY OF
VERNON ADOPTING AN AMENDED AND RESTATED CITYWIDE
FRTNGE BENEFfTS AND SAI.ARY RESOLUTION IN ACCORDANCE
WTTH GOVERNMENT CODE SECTION 20536 (b) (1) AND
REPEALING AIL RESOLUTTONS TN CONFLfCT THEREWITH
WHEREAS, on September 1-, 20t5, the City Council of the City
of Vernon adopted Resolution No. 2015-52, adopting an amended and
restated Citwide Fringe Benefits and Salary Resolution; and
WHEREAS, by memorandum dated December t5, 2Or5, the City
Administrator, in conference with the Human Resources Department, has
recommended the adoption of an amended and restated Citywide Fringe
Benefits and Salary Resolution to add a Eiered Retiree Medical Benefit
Program for Executive group; and
WHEREAS, the City Council desires to adopt an amended and
restated Cit1n.;ide Fringe Benefits and Sa1ary Resol-ut.ion, a copy of
which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTfON 1: The City Council of the City of Vernon hereby
finds and det.ermines that t.he above recitafs are true and correct.
SECTION 2:The City Council of the City of vernon finds
tshat this action is exempt from California Environmental Ouality Act
("CEoA") review, because it is a general policy and procedure making
activity that \,ri11 not resul-t j-n direct or indirect physical changes
in the environmen!, and therefore does not constitute a '.project,, as
defined by CEQA Guidelines section l-5378. Furthermore, even if it
were a project, because such activity will not have any effect on the
environment, this action would be exempt from CEQA review pursuant to
CEQA Guidelines Section 15061(b) (3), the general rule that CEeA onl-y
applies to projects that may have a significant effect. on the
environment .
SECTION 3 : Effective December ]-5, 2015, t.he City Council of
t.he City of Vernon hereby approves tshe amended and restated Citywide
Fringe Benefits and Sa1ary ResoLution, a copy of which is at.t.ached
hereto as Exhibit A.
SECTfON 4: A11 resolutions or parts of resolutions,
specifically Resolut.ion No. 2015-52, \oE consistent with or in
confl-ict. wit.h this resolution are hereby repealed.
SECTION 5: The City C1erk, or Deputy City C1erk, of t.he
City of Vernon shall- certify t.o the passage, approval and adoption of
this resoluEion, and the City Clerk, or Deputy Cit.y C1erk, of the City
of Vernon shal-l cause this resol-ut.ion and the City C1erk's, or Deputy
City Clerk's, certification to be entered in the File of Resol-ut.ions
of the Council of this City.
APPROVED AND ADOPTED this 15Eh day of December, 201-5.
Name:
Titfe: Nlayor / Mayor Pro-Tem
ATTEST:
City Clerk / Oeputy City Clerk
City Attorneyussa, Deputy
2
APPROVED
STATE OF CA],TFORNIA )
) ss
COUNTY OF LOS AI{GELES )
t,, City Clerk / Deputy City Cl-erk of t.he City
of Vernon, do hereby certify that lhe foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Councif duly held on Tuesday, Decernber 15, 20:-5, and thereafter was
duly signed by the Mayor or Mayor pro-Tem of the Cit.y of Vernon.
Executed this _ day of Decemlcer, 2015, at Vernon, Cafifornia.
City Cferk / Oeputy City Clerk
(SEAI)
3
t tt{.4)74!l}-t ZZt /tE'r,l .
City of Vernon
FRINGE BENEFITS
AND
SALARY RESOLUTION
Effective December 15, 2015
TABLE OF CONTENTS
FRINGE BENEFITS AND SALARY RESOLUTION
PARTl-FRINGEBENEFITS
lntroduction:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 1 0:
Section 1 1:
Section 12:
Section 13:
Section 14:
Section 15:
Section 16:
Section 1 7:
Section 1 8:
Section 1 9:
Section 20:
Section 21 :
Section 22:
Section 23:
PART II- CLASSIFICATION AND COMPENSATION
Section 1 .
Section 2.
Section 3.
EXHIBIT A - CLASSIFICATION AND COMPENSATION PLAN .,,.....43
2
PART 1
FRINGE BENEFITS
3
INTRODUCTION
The Fringe Benefit and salary Resolution shall apply to all employees and otficers of
the city of Vernon. Exceptions, additions, and/or limitations to this'basic policy may be
found in respective Memoranda of Understanding or employment contracts. The
existence of these policies shall not create or imply any employment contract or vested
right of employees.
For those employees covered in respective memoranda of understanding (MOU), the
provisions set forth in the applicable MoU shall prevail in the event that there is any
conflict between provisions established in this Resolution and any provisioni
established in the respective MOU.
The provisions set fodh in this Resolution or as amended from time to time shall be
effective upon city council adoption, unless a specific effective date is stated therein.
PARTl-FRINGEBENEFITS
Section 1. HOLIDAYS
A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated
herein by reference. Municipal offices shall be closed on such holidays.
B. The dates for observation of holidays shall be approved by the City Council.
C. lf an authorized holiday falls on a Sunday, the following Monday shall be treated
as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as
an authorized holiday to employees.
D. An employee whose regular shift assignment falls on an authorized holiday and
who is required to work on that day shall be paid at his/her regular hourly rate of
pay for the holiday, plus hisiher regular hourly rate including any applicable
overlime pay for the actual hours he/she was required to work on the authorized
holiday.
E. Temporary and part-time employees are not eligible for paid holidays.
G. All full-time employees may use vacation time or compensatory time for a
religious holiday (not listed herein as an authorized holiday) with the prior
approval of the department head. lf there is insufficient accumulated time, the
employee may request the time as unpaid leave of absence.
4
TABLE 1 . HOL]DAY
HOLIOAY
January 1'' - New Year's Dav
3' Monday in January - Martin Luther Kinq Jr. Dav
3'o Monday in February - Presidents Day
March 31" - Cesar Chavez Day
The Last Monday in May - Memorial DaV
Julv 4'" - lndeoendence Dav
The 1"'Monday in September - Labor Day
The 2"" Monday in October - Columbus Day
November 11th - Veterans Day
The 4'h Thursday in November - Thanksoivino Dav
December 24'n - Christmas Eve
December 25'n - Christmas Day
December 31'' - New Year's Eve
And other days as such desiqnated by Citv Council.
5
Section 2. ADMINISTBATIVE LEAVE
A. Executive and Management - lncludes City Administrator, City Attomey, City
Clerk, City Treasurer and the heads ot all Departments as listed in the City Code
or City Charter and their respective Deputies and Assistant Directors shall
receive, effective January 1 of each calendar year, 80 hours of Administrative
leave.
B. The 80 hours may not be carried over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
year.
C. Executive and Management staff hired, promoted, or reclassified on or after April
1 of each calendar year shall be eligible to receive pro-rated administrative leave
hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on
or Behrreen
Administrative Leave
Januaryl-March31 80 hours
April 1 - June 30 60 hours
Julvl-Sept.30 40 hours
Oct l - Dec.31 20 hours
Mid-Management - Staff who are designated as exempt in accordance with the
Fair Labor Standards Act shall receive, effective January 1 of each calendar
year, 60 hours of Administrative leave
The 60 hours may not be carried over into the succeeding calendar year and is
lost and not eligible for cash payout if not used by December 31 of each calendar
year.
Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after
April 1 of each calendar year shall be eligible to receive pro-rated administrative
leave hours during the year of hire as identified below:
Hired, Promoted, or Reclassified on or
Between
Administrative Leave
Januaryl-March31 60 hours
April 1-June30 45 hours
Julyl-Sept.30 30 hours
Octl-Dec.31 15 hours
G. All Administrative leave requests should be approved by the department head or
City Administrator at least ten days in advance of the date to be taken, although
D.
E.
F.
6
the department head retains discretion to approve the use of Administrative
Leave in special circumstances.
H. The City Administrator or his/lrer designee may grant additional administrative
leave upon commencement of employment in order to attract highly qualified and
experienced executive and management level staff.
'7
Section 3. OVERTIME
A. lt shall be the duty of all department heads to operate their respective
departments with a minimum amount of overtlme. lf the best interests of the City
require that an employee work beyond the forty (40) hours of work scheduled,
such employee shall be compensated as set forth hereinafter.
B. The department head may reschedule the workweek of employees in positions
not exempt from the FLSA to allow credit for productive hours actually worked on
one day (excluding lunch periods) towards the regular paid workweek schedule.
For example, if an employee works twelve (12) hours on one day (based on a ten
(10) hour day), the entire twelve hours will be recorded on the time card as paid
worked time. ln this example, the department may schedule the employee to
work only eight (8) hours on one of the other scheduled workdays in the
workweek, as long as the employee's hours for the workweek do not fall below
the minimum paid work hours schedule.
C. All overtime requests must have prior written authorization of the respective
department head or designee prior to the commencement of such overlime work.
Where prior written authorization is not feasible, explicit verbal authorization must
be obtained. Where verbal authorization is obtained, written authorization must
be obtained as soon thereafter as practicable.
D. Except as may be provided in specific memoranda of understanding, employees
will be paid overtime at time and a half (1.5) of their regular hourly rate for all
eligible hours worked in excess ol forg (a0) hours in a single workweek.
E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury
duty leave, and bereavement leave shall count as time worked for the purposes
of computing overtime. Unpaid jury leave, disciplinary suspensions, and
administrative leave shall not count as time worked for the purpose of computing
overtime.
t.
ln the event a part-time or temporary employee is required to work beyond
his/her assigned working hours, compensation shall be at the normal hourly rate
up to forty (40) hours per workweek. For hours worked beyond forty (40) in a
workweek, such employee shall be compensated at the rate of one and one-half
of (1 .5) said employee's hourly rate.
lf an employee works on his/her regular day off, the employee will receive paid
compensation or receive compensatory time, at the employee's discretion. With a
mutual agreement between an employee and his/her supervisor, an employee's
regular day otf may be rescheduled to another day off in the same pay period.
An employee is expected to begin work no more than five (5) minutes prior to the
beginning of his or her scheduled start time, and to stop work no later ihan five
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(5) minutes after the end of his or her scheduled ending time. An employee who
wishes to begin or end work at a different time must obtain written apprwal from
his or her department head prior to working the different or additional time.
Straight time and overtime will be compensated in six (6) minute segments of
time.
While overtime should be attempted to be distributed equally amongst all
employees in a given classification, the department head retains discretion to
assign such overtime.
The City Administrator, department heads and those management employees
designated by the City Administrator as exempt under the provisions of the Fair
Labor Standards Act (FLSA) shall not be subject to the provisions of this section
relating to overtime, but shall work such hours as may be necessary for the
effective operation of their respective departments.
Please refer to Human Resources Policy, Salary Plan Administration ll-3
9
Section 4. COMPENSATORY TIME
A. All regular full-time employees may request to accrue compensatory time in lieu
of cash payment for overtime worked. The total compensatory time accrued is
calculated by multiplying lhe number of hours of overtime worked by the
applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the
department head.
B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. lt
is at the employee's option whether to receive overtime compensation or
compensatory time accruals up to the 60-hour limit.
C. Compensatory time shall be taken in 1S-minute increments. Scheduling of
compensatory time requires prior approval and must be preceded by a ten (10)
day notice of intended use lrom the employee. Management may waive the ten
(10) day notice in cases of emergency.
D. Employees who have reached the 60-hour limit shall receive overtime
compensation. There are no cash payouts of compensatory time once an
employee has elected compensatory accrual.
10
Section 5. COURT TIME
A. The required presence in a court of law of any employee subpoenaed to testify in
a matter arising within the course and scope of his/her City employment shall be
compensated in accordance with the below provisions.
B. For each day that the presence of the employee is required in a court of law in
response to an order or subpoena in relation to an incident or event arising out of
the course and scope of employment with the City, the employee shall be given a
paid leave of absence.
C. For each day an employee is required in a court of law in response to an order or
subpoena in relation to an incident or event arising out of the course and scope
of employment with the City that is outside of the employee's regularly scheduled
work shift, the employee shall be given a paid leave of absence.
D. An employee who needs to appear in court on any other matter nol arising out of
the course and scope of employment with the City shall be expected to use their
accrued paid leave to make such appearance, or unpaid leave if no leave is
available.
lt
Section 6. VACATION
A. Except as provided for in respective memoranda of understanding, every full time
employee who has been in the continuous employment of the City shall receive
annual vacation leave as set forth in below:
Mid-Management and Confidential Staff:
Continuous Years of Service Vacation Hours Eamed Bi-Weeklv
Accrual
80
100
120
160
190
3.08
3.85
4.62
6.16
7.31
Bi-Weeklv
Accrual
4.62
5.77
6.54
7.12
7.31
Executive and Management Staft: lnclude the City Administrator, City
Attomey, City Clerk, City Treasurer and the heads of all Departments as listed
in the City Code or City Charter and their respective Deputies and Assistant
Directors.
Continuous Years of Service Vacation Hours Earned
120
150
170
185
190
B.
c.
Mid-Management and Confidential staff shall be allowed to accumulate and carry
over to the next calendar year a maximum number of hours equal to the number
of hours the employee accrued during the immediately preceding year. ln or
about January ol each year, employees shall be compensated for unused
accrued vacation benef it in excess of the allowed accumulated amount
referenced herein.
Executive and Management statf shall be allowed to accumulate up to a
maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum
accrual cap, the employee shall stop accruing vacation leave benefit until such
time he/she brings the vacation accrual below the 480-hour maximum accrual.
Vacation leave shall be scheduled with the approval of the City Administrator or
department head or his or her designee by submitting a Leave Request Form in
D.
t2
E.
F.
G.
H.
writing, within ten (10) business days before the beginning of the vacation.
Vacation leave requests for extended times (3 weeks or more), unless an
unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation.
Vacations shall be approved subiect to the needs of the department. The
employee's seniority and wishes will be factors that are considered during the
scheduling process.
Vacation leave requests shall not be in excess of such leave actually eamed at
the time it is requested or in excess of the regular scheduled workweek.
No vacation leave shall be accumulated by employees while they are on an
unpaid leave of absence.
Vacation may be taken prior to the completion of the employee's probationary
period under special circumstances and with the approval of the department
head.
ln the evenl one or more City holidays fall within a vacation period, such holidays
shall not be charged as vacation leave.
Upon separation from City employment, compensation shall be paid for vacation
leave that has been earned but not taken.
Vacation leave shall be requested in fifteen (15) minute increments.
The department head retains discretion to cancel previously authorized vacation
in the case of an emergency.
The City Administrator or his /her designee may grant additional leave upon
commencement of employment in order to attract highly qualified and
experienced executive and management level siaff,
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Section 7. SICK LEAVE
A. All full-time employees shall accrue up to 80 hours of sick leave per calendar
year, at a rate of 3.08 of sick leave hours per pay period.
B. ln accordance with the Healthy Workplaces, Healthy Families Acl ol 2014,
beginning July 1, 2015, all part-time and temporary employees (excluding
CaIPERS retired annuitants) working for 30 or more days within a year shall be
entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours
worked.
C. Employees shall only receive sick leave accrual while they are in a paid status.
D. The City shall allow annual carry-over of sick leave hours for full-time employees
up to a maximum accrual cap of 960 hours and 48 hours for eligible part{ime/
temporary employees. This bank of carry-over sick leave would provide a
cushion for long-term illnesses and injuries.
E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will
be compensated for at the end of the calendar year at 50k ol the employee's
hourly rate.
F. Temporary employees are not eligible for cash-out of accrued sick leave hours.
G. All employees who are rehired with a break in service of less than one year are
entitled to have previously unpaid accrued and unused paid sick days reinstated.
t.
Sick leave shall be allowed on account of actual illness, for the diagnosis, care,
or treatment of an existing health condition or preventative care for an employee
or an employee's family member (including to care for a parent-in-law,
grandparent, grandchild, or a sibling, in addition to child, parent, spouse or
registered domestic partner). Sick leave shall also be allowed for an employee
for certain purposes related to being a victim of domestic violence, sexual
assault, or stalking. Preventive health care shall include medical and dental
appointments (if such appointments cannot be arranged other than during
working hours) and injury not arising out of and in the course of employment.
Sick leave shall be used in increments of fifteen (15) minutes and shall not be
taken in excess of time earned at the time it is taken.
Foreseeable sick leave requires advance notification, while unforeseeable sick
leave requires notice as soon as practicable. lf sick leave on account of any of
the above illnesses exceeds two (2) consecutive working days, the employee,
prior to retum to work, shall submit a statement of such disability illness or inlury
from the employee or family member's physician. The statement shall certify the
physical condition of the employee/employee's family member that prevented the
H.
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employee f rom performing the duties of said employee's position during the
period of absence. The department head or designee, in accordance with
departmental procedure, shall approve all sick leaves. Notwithstanding the
above, the City may require verification of sick leave use whenever it has reason
to believe there is misuse, abuse or a pattern of abuse.
Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary
action. Abuse of sick leave includes, but is not limited to, not adhering to sick
leave policies, using sick leave for purposes not enumerated in this policy, and
falsifying or misstating facts when using sick leave. A pattern of sick leave usage
on Mondays, Thursdays, and immediately before and after holidays and/or
vacations may be evidence of sick leave abuse. A violation of this policy will
result in corrective action including counseling and/or disciplinary action, and/or a
mandatory rcter.al to the City's Employee Assistance Program. This
determination of abuse does not apply to an employee's use of sick leave under
an approved family, medical, and/or pregnancy disability leave in accordance
with state and federal laws.
lf in the opinion of the departmeni head it appears that an employee may be
establishing a pattern of abuse of sick leave or frequent or excessive absences,
a statement establishing the need for sick leave from the employee's physician
may be required as a condition of approved sick leave.
Employees may use accrued compensatory or vacation leave for extended sick
leave absence because of a prolonged and continuing illness and/or medical
treatment after sick leave has been exhausted.
Employees are required to use accumulated sick leave concurrently with
absences on account of a work related injury arising out of and in the course of
his/her employment. ln cases where the injury suffered is covered by Workers
Compensation lnsurance, accumulated sick leave must be used concurrently to
make up the difference between Workers Compensation lnsurance allowance
and full base pay. Please refer to Personnel Policy, Family and Medical leave
Policy.
lf an employee resigns from the City with 20 years or more of continuous service,
he/she will be compensated for all unused sick leave hours in his/her sick leave
bank at the time ol separation at 50o/o of his/her then current regular hourly rate
of pay.
lf an employee retires from the City with 15 or more years of continuous service,
but fewer than 20 years, he/she will be compensated for all unused sick leave
hours in his/her sick leave bank at the time of separation at 50% of his/her then
current regular hourly rate of pay. ll an employee retires from the City with 20 or
more years of continuous service, he/she will be compensated lor all unused sick
K.
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leave hours in his/her sick leave bank at the time of separation at 1oo% of his,/her
then current regular hourly rate of pay.
P. lf a temporary employees resigns or the temporary assignment has ended,
he/she shall not be eligible for compensation of unused sick leave hours in
his/her sick leave bank at the time of separation.
16
Section 8. FAMILY SICK LEAVE (KlN CARE)
ln any calendar year, employees may use the employee's accrued and available sick
leave entitlement, in an amount not more than the sick leave that would be accrued
during six months at the employee's then current rate of entitlement, for qualifying family
illness as follows: Sick leave for family illnesses will be allowed only for the sickness of
the spouse of, or the children of, or mother or father of, the employee living within the
same household. ln the case of joint custody of a child, illness of the child occurring at
the other custodial parent's house may also qualify. The department head shall approve
all family sick leaves and a statement establishing the need for sick leave from a
physician may be required as a condltion of payment while on such leave.
1l
Section 9: BEREAVEMENT LEAVE
A. Permanent full{ime employees, regardless of period of service, may in the event
of death or if death appears imminent, of any "immediate family'membe/, as
defined below, including the equivalent relatives of a registered domestic partner,
be allowed up to the equivalent of four (4) work days (total hours may vary
depending on work schedule) of bereavement leave without loss of salary.
B.
Relative All Regular
Emplovees
Spouse 4 work days
chird 4 work days
Registered
Domestic Partner
4 work days
Step-Child 4 work davs
Parent 4 work days
Step-Parent 4 work davs
Mother-in-law 4 work days
Father-in-law 4 work days
Grandchild 4 work davs
Step-Grandchild 4 work days
Grandparent 4 work days
G randparent-in-law 4 work davs
Brother 4 work days
Sisler 4 work days
Step-Sister 4 work davs
Step-Brother 4 work days
Dauqhter-in-law 4 work days
Son-in-law 4 work davs
Brother-in-law*4 work days
Sister-in-law'4 work days
Brotherin-law and sister-in-law are defined as the spouse of the employee's sibting or
the sibling of the employee's spouse.
Bereavement leave is paid over a maximum of seven (7) workdays and is paid in
thirty-minute increments. The bereavement leave begins on the first regularly
scheduled workday as requested by the employee. lf the employee learns of the
death while at work, he or she is entitled to leave work immediately; this partial
day leave will not be counted towards the bereavement leave.
Bereavement leave must be authorized by the Department head and must be
utilized within fifteen (15) days of employee leaming of the death, or of the date
of loreseen imminent death of the immediate family member, unless special
circumstances require that the leave begin at a later date. Such requests to the
Department head shall be made within 15 days of the employee learning of the
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death or of the date of foreseen imminent death and shall not be unreasonably
denied.
D. Representalives may be selected by the Department head to attend with pay the
funeral of a co-worker in said department on behalf of the City if the funeral of the
deceased co-worker occurs during working hours; provided the luneral is held
within a reasonable distance of City limits.
t9
Section 10: JURY DUTY
All regular full-time employees summoned to serve on jury duty shall be provided
"Jury Duty Pay''and there shall be no loss of compensation. An employee will be
compensated up to two weeks at full pay for jury duty. The employee must
provide notice of the expected jury duty to his or her supervisor as soon as
possible, but in no case later than 14 calendar days before the expected start
date of the jury duty.
An employee on call for jury duty is expected to report to work. An employee who
is called in for jury duty does not have to report to work before or after appearing
in court. All employees shall obtain verification of the hours of jury duty
performed using verification forms as may be supplied by the court.
Except as herein provided, employees shall remit to the City any compensation
received for those days while on jury duty and shall receive regular pay for the
lime served. Employees shall be reimbursed by the City lor the mileage portion
of the jury duty compensation. Jury duty performed on an employee's regular day
off shall not be compensated by the City and the employee shall be entitled only
to the lury's compensation for duty performed on such employee's regular day
off . Employees assigned to jury duty on a City authorized holiday will be
considered to have taken such a holiday and will receive regular holiday pay, but
the employee shall be entitled to the jury compensation lor duty perlormed on
such holiday.
B.
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20
B.
Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR
EXPENSES
Any employee who is required to use said employee's personal
automobile in the course of employment with the City shall be reimbursed
for each mile actually traveled on official business in accordance with the per
mile reimbursement rate allowed by the lntemal Revenue Service in effect at the
time of such travel.
Any employee who is required to travel in the performance of his or her duties
or to attend an authorized meeting or conference which is of benefit to the City
shall be reimbursed for reasonable expenses incurred for transportation, meals,
lodging and incidentals. Automobile allowance and reimbursement for expenses
shall be recommended by the department head or designee and approved by
the City Administrator pursuant to the provisions ol the City of Vernon Travel
and Meeting Expense Reimbursement Administrative Policy. No allowance
shall be made for transportation between the employee's home and the place
where such person is normally employed by the City.
Certain employees serving in specified classifications shall receive a monthly
automobile allowance a s set forth b e lo w and incorporated herein by
reference; alternatively, specified employees may opt to receive use of a City-
owned vehicle and f uel.
Classif ication Amount
City Administrator $600.00 or Citv Vehicle
City Attomey $400.00
Finance Director $400.00
Fire Chief City Vehicle & Fuel
Assistant Fire Chief City Vehicle & Fuel
Fire Marshal City Vehicle & Fuel
Administrative Fire Battalion
Chief
City Vehicle & Fuel
Administrative Fire Captain City Vehicle & Fuel
Fire Training Captain City Vehicle & Fuel
Gas & Electric Director $400.00-
lndustrial Development
Director
$400.00
c.
2l
Utility Operations Manager City Vehicle & Fuel
Police Chief City Vehicle & Fuel
Health Director $400.00
Police Admin. Lieutenant City Vehicle & Fuel
Police Canine Officer #1 City Vehicle & Fuel
Police Canine Officer #2 City Vehicle & Fuel
Police Captain City Vehicle & Fuel
Police Lieutenant City Vehicle & Fuel
Police Motor Officer #1 City Vehicle & Fuel
Police Motor Otticer #2 City Vehicle & Fuel
Public Works, Water &
Development Services Director
$400.00
D. Wherever an automobile allowance is made to any employee for the use of their
personal automobile, such allowance shall not be payable whenever the
employee is on vacation, leave of absence, or otherwise absent the entire
calendar month, unless otherwise specified by the City Administrator.
E. The City shall not be responsible for repairs or any additional costs for upkeep,
fuel, lubrication, replacement in whole or in part, or other expenses in connection
with any such vehicle beyond the respective amounts set forth above.
*Fringe benefi.ts for the Director of Gas and Electic classification have historical\, included and currentll include
use of a City-owned vehicle ond fuel. AccordingLy, the current Director of Gas and Electric ma)- continue to use a
City-owned vehicle and fuel in-lieu of receiving the $400 monthly automobile allowance. Once the current CitJ-
owned vehicle is due for replacement or the current incumbent leaves the position, whichever occurs first, the
Director of Gas and Electric clossiJication will receive the $400 monthll automobile allow,ance.
22
Section 12: HEALTH INSURANCE
A. The City offers various medical plans to employees under a Section 125
Cafeteria plan (non-cash out). The City reserves the right to select, administer, or
fund any tringe benefit program involving insurance that now exist or may exist in
the future. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations.
B. The City shall contribute for each full{ime employee up to the maximum
amounts as set forth below per pay period, toward the cost of his/her medical
plan as outlined in Subsection A through C below. ln the event an employee
does not exhaust nor exceed his/her monthly medical allowance, the employee
shall be allowed to apply any unused portion towards the purchase of dental,
vision, supplemental or ancillary plans offered through the City and approved by
the Director of Human Resources.
a. For employees enrolled in either the HMO or PPO (non-HSA)
medical plans, the City shall pay up to $1,050 per month of the
cost of the plan for employees and their eligible dependents
(spouse, registered domestic partners and qualif ied
dependents) The cost of any plan selected by the employee that
exceeds $1 ,050 shall be paid by the employee through a pre-tax
payroll deduction.
b. Effective January 1, 2015, employees enrolled in either the
HMO or PPO (Non-HSA) medical plans, the City shall increase
the amount by $70.00 and pay up to $1120.00 toward the
monthly medical allowance.
c. For Employees enrolled in the PPO/HSA plan, the City shall pay
up to $800 per month of the monthly cost of the plan for
employees and their eligible dependents (spouse, registered
domestic partners and qualified dependents). ln addition, for
each employee enrolled in a PPO/HSA plan, annually the City
shall make lump sum contributions to a health savings account
(HSA) as follows: $1 ,500 in January and $500 each in March,
June, and September. The cost of any PPO/HSA plan selected
by the employee that exceeds $800 shall be paid by the
employee through a pretax payroll deduction.
d. Effective January 1, 2015, employees enrolled in the PPO/HSA
medical plan, the City shall increase the amount by $70 and pay
up to $870 toward the monthly cost of the plan for employees
and their eligible dependents.
23
C.
D.
City Council members are entitled to the same medical benefits offered to the
management and confidential employees. The City shall not pay or reimburse
any medical-related health, vision, or dental costs not covered by the City's
insurance program or Medicare for City Council members or their eligible
dependents or spouses.
The City shall not provide or reimburse the City Council members or their
dependents or spouses for expenses incurred relating to a PERS long-term
health care benef it.
24
Section 13: DENTAL INSURANCE
The City of Vernon provides a dental insurance plan to full-time employees. ln the
event an employee does not exceed hisiher monthly employer medical allowance, the
employee shall be allowed to apply any unused portion toward the purchase of dental
insurance for himself/herself and eligible dependents (spouse, registered domestic
partners and qualified dependents). The cost of any plan selected by the employee
that exceeds his/her monthly employer medical allowance shall be paid by the
employee through a pre-tax payroll deduction.
25
Section 14: VISION INSURANCE
The city of vemon provides a vision care plan to full-time employees. The city shall pay
1ooY" of the cost of such a plan for employees only. Employees shall have the option of
purchasing vision care for their dependents at a cost of $6.95 for one dependent or
$13.95 for two or more dependents. ln the event an employee does not exceed his/her
monthly employer medical allowance, the employee shall be allowed to apply any
unused portion towards the purchase of additional provided coverage for vision care.
26
Section 15: LIFE INSURANCE
The Cily provides a $20,000 life insurance plan to full-time employees. The City shall
pay 100% of the cost of such plan for employees. The City's agreement to pay full or
partial costs of said premiums shall not create or ripen into a vested right for said
employee. ln lhe event an employee does not exceed his/her monthly employer
medical allowance, the employee shall be allowed to apply any unused porlion
towards the purchase of additional provided coverage for supplemental life insurance.
21
Section 16: DEFERRED COMPENSATION PLAN
Employees are eligible to participate in the City's Deferred Compensation Program.
28
Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS)
CONTRIBUTION
MISCELLANEOUS EMPLOYEES
A. The City shall maintain its contracl with the Califomia Employees Public Retirement
System (PERS) that provides full{ime employees hired before January 1, 2013 with
2.7'/" al55 PERS retirement benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPRA), new CaIPEBS members hired on or after January 1,2013 who meet the
definition of new member under PEPRA, shall be provided a 2.Oo/o at 62 PERS
retirement benefit plan.
B. Employees shall be responsible for paying 100% of their PERS employee's
contributions.
C. The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
b.
Gov't Code Section: 20042 - (Classic Members Only) One
Year Final Compensation
New employees hired on or after January 1, 2013 who meet the
definition of new member under PEPRA shall receive 3 Year
Averaqe Final Compensation
Gov't Code Section: 21024 - Military Service Credit as Public
Service
Gov't Code Section: 21624,21626,21628 - Post Retirement
Survivor Allowance
Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit
d. Gov't Code Section: 21573 - Third Level of 1959 Survivor
Benefits
The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lnternal Revenue Code.
d.
D.
29
SAFETY EMPLOYEES
A. The City shall maintain its contract with the Califomia Employees Public Retirement
System (PERS) that provides full-time safety employees hired before January 1,
2013 with 3.0"/o al50 PERS retiremeni benefit plan.
As a result of the recent passage of AB 340, Public Employee Pension Reform Act
(PEPRA), new CaIPERS safety members hired on or after January 1,2013 who meet
the definition of new member under PEPRA, shall be provided a2.7yo al57 PERS
retirement benefit plan.
B. Employees shall be responsible for paying their PERS nine percent (9%) employee's
contribulions.
C. The City provides additional supplemental retirement benefits to full-time employees
under CaIPERS as follows:
a 9:llr?i,".t"ffXll;ltif'- (crassic Members onrv) one
New employees hired on or after January 1,2013 who meet the
definition of new member under PEPRA shall receive 3 Year
Averaqe Final Compensation
b. Gov't Code Section: 20124 - Military Service Credit as Public
Service
c. Gov't Code 21574 - 4h Level 1959 Survivor Benefit (Fire
members only)
d. Gov't Code Section: 21571 - Basic Level of 1959 Survivor
Benefit (Police members only)
e. Gov't Code Section: 21624,21626,21628 - Post Retirement
Survivor Allowance
f. Gov't Code Section: 21548 - Pre-Retirement Option 2W
Death Benefit (Fire members only)
g. Gov't Code Section 20965 - Credit for Unused Sick Leave
D. The payment to CaIPERS made by the City on behalf of the affected employee
shall not be considered as base salary but shall be considered an employer
contribution pursuant to Section 414(h)(2) of the lntemal Revenue Code.
30
Section 18: RETIREE MEDICAL - NON-SAFEW EMPLOYEES
A. The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's m edical and/or dental
insurance premium(s) for all fulltime employees designated as Executive,
Management, Mid-Management and Confidential who retire at age 60 or later with at
least twenty(2O) years of continuous uninterrupted service.
B. Retired employees will be permitted to enroll in a higher-cost plan and pay the
amount in excess ol the HMO equivalent.
C. All full-time regular employees wilh at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be
permitted to pay thelr medical and/or dental insurance premiums, and, upon
reaching the age of sixty (60), the City will pay up to the amount equivalent to
the then current lowest cost, employee only HMO medical and/or dental
insurance premium(s).
D. All f ull-time regular employees, who retire with a minimum of ten (10)
years of continuous uninterrupted service with the City, may pay the premium(s)
for medical and/or dental insurance.
E. All retiree medical and/or dental insurance benefits provided pursuant to subsections
A, B, and C above, shall be for retired employees only and shall not include their
spouses or olher dependents.
F. All retired employees who receive medical and/or dental insurance benef its
pursuant to subsections A, B, or C above and who reach the age of sixty-five
(65), are required to be enrolled in Medicare, and shall show proof of such
enrollment, where upon the City's insurance policy will become supplemental
coverage, if applicable.
G. Should the retired employee fail to pay any premiums due for the cost of the
insurance premium for the City's medical-dental insurance program for any two
(2) consecutive months, or should the coverage otherwise lapse for any reason
other than City's non-payment, then the City's obligation to make further payment
under the retiree medical benefits program shall automatically terminate and
cease, without the need for lurther notice.
H. The City's obligation to make any payment under the retiree medical benef its
program shall automatically terminate and cease upon the death of the retired
employee.
l. The offer of the retiree medical benefits is not a vested right for iuture years.
J. City Council members are entitled to the same retiree medical benefits offered to all full-
3t
time regular employees as identified under the citywide resolution for retiree medicalbenefits in effect at the time Council members retire.
32
Section 19: RETIREE MEDICAUDENTAL - EXECUTIVES
Effective, December 15, 2015, Executive group employees who retire,
with either a service or disability retirement from City employment, may
at the retiree's discretion, choose to enroll in any available City-
provided health and/or dental insurance plan.
Executive group employees who retire shall be eligible for City-paid
medical insurance coverage until eligible for Medicare based on the
formula set forth below. The retiree is responsible for any portion of the
health care premium (including any applicable spouse coverage) not
covered by this formula. Participation in any health insurance plan,
whether at the City's or the employee's expense, is subject to any rules
and conditions imposed by the carrier, as well as contingent upon the
carrier's approving the enrollment of the retiree and any applicable
spouse. Retirees shall receive premium dollars based on the following:
Years of
Service with
Vemon
Percentage
of
Cafeteria
Dollars
Years of
Service
with
Vernon
Percentage
of
Cafeteria
Dollars
5 50%18 76"/"
6 52%19 78%
7 54%20 80%
I 56o/"21 82o/o
I 581"22 84%
10 60"/"ZJ 86%
11 62%24 88%
12 64"k 25 90%
13 66%zo 92%
14 68%27 94%
15 70%28 96%
16 72o/"29 98o/"
17 74o/"30 100%
The retiree may use the allotted dollar amount to purchase medical and
dental insurance for himself or herself and their spouse. The
percentage is based on the monthly Cafeteria Plan allowance for the
then active city employees. The dollar amount will not go above or
below the amount the employee was eligible for when he/she retired.
ln the event the retiree and/or dependent premium exceed the
allowance amount per the above schedule/formula, the retiree shall be
billed tor and must pay the difference on a monthly basis. Should the
retired employee fail to pay any premiums due for the cost of the
insurance premium for the City's medical-dental insurance program for
A.
B.
c.
D.
33
any two consecutive months, or should the coverage otherwise lapse
for any reason other than City's non-payment, then the City's obligation
to make further payment under the retiree medical benefits program
shall automatically terminate and cease, without the need for further
notice.
E. lf the premium cost is less than the amount allocated by the above
formula, the retiree does not receive the difference. Additionally, there
is no opt-out money paid to the retiree.
F. The offer of the retiree medical-dental insurance benefits is not a
vested right for future years.
G. ln the event of the death of the retiree who is survived by their spouse,
enrolled in a city health insurance plan at the time of the retiree's
death, the city shall continue to provide health coverage subject to the
aforementioned schedu lelf o rm u la only to the surviving spouse enrolled
at the time of the retiree's death.
H. All retired employees and their eligible spouse who receive medical
and/or dental insurance benefits above and who reach the age of sixty-
five (65), are required to be enrolled in Medicare, and shall show proof
of such enrollment, where upon the City's insurance policy will become
supplemental coverage, if applicable.
34
Section 20: LONGEVITY PBOGRAM
A. LONGEVIW PROGRAM FOR EMPLOYEES EMPLOYEDON OR BEFORE
JUNE 30, 1994.
The City has established a longevity program for all employees. The
longevity program described herein will apply to all employees, except Department
Heads and employees covered in a collective bargaining agreement, employed on or
before June 30, 1994.
a, Five (5) Years of Service.
All eligible employees who have f ive (5) years of consecutive
uninterrupted service on or before July 1, 1986, shall receive an additional five percent
(5%) per month of their base salary effective July 1, 1986, and every year thereafter
until reaching the next step. Employees upon reaching their sth anniversary date after
July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary
date.
b. Ten (10) Years of Service.
All eligible employees who have ten (10) years of consecutive
uninterrupted service on or before July 1, 1987, shall receive an additional ten percent
(10%) per month of their base salary effective July 1, 1987, and every year thereafter
until reaching the next step. Employees upon reaching their 1Oth anniversary date after
July 1 , 1987, shall be entitled to said ten percent (10%) per month upon said
anniversary date.
c. Fifteen (15) Years of Service.
All eligible employees who have fifteen (1 5) years of consecutive
uninterrupted service on or before July 1 , 1988, shall receive an additional fifteen
percent (15%) per month of their base salary effective July 1, 1988, and every year
thereafter until reaching the next step. Employees upon reaching their 15th anniversary
date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon
said anniversary date.
d. Twentv (20) Years of Service.
All eligible employees who have twenty (20) years ol consecutive
uninterrupted service on or belore July 1 , 1989, shall receive an additional twenty
percent (20%) per month of their base salary effective July 1, 1989, and every year
thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989'
shall be entitled to said twenty percent (20'k) per month upon said anniversary date.
e. Thirtv (30) Years of Service - Fire ' Sworn
All eligible fire employees who have been appointed to a position ranking
above Captain and who have thirty (30) years of consecutive uninterrupted service on
or before July 1, 1991 , shall receive an additional twenty-five percent (25%) of their
base salary per month effective July 1, 1991, and every year thereafter. Employees in
35
said position upon reaching their 30th anniversary date after July 1, 1991, shall be
entilled to said twenty{ive percent (25"/") per month upon said anniversary date.
f. Compensation Not Cumulative.
Payment of the aforesaid longevity compensation shall not be cumulative
and only the highest applicable longevity pay shall be paid.
B. LONGEV]W PROGRAM FOR EMPLOYEES ON OR AFTERJULY 1,
1994 AND ON OR BEFORE DECEMBER 31,2013,
The longevity program described in Section B herein will apply to all
employees, except Department Heads and employees covered in a collective
bargaining agreement, employed on or after July 1, 1994.
a. Five (5) Years of Service.
All eligible employees who are employed on or after July 1, 1994 and on
or before December 31 , 2013, who attain f ive (5) years of consecutive uninterrupted
service shall receive an additional five percent (5%) per month of their base salary.
Such employees upon reaching their 5th anniversary date shall be entitled to receive
said five percent (5%) per month upon said anniversary date. Further, such
employees will not be entitled to receive any additional percentage increase to their
base salary for further service. This subsection shall only apply to employees hired
on or after July 1, 1994 and on or before December3l, 2013.
36
Section 21 : BILINGUAL PAY
A program is hereby established for all employees whose regular and essential job
duties as described in their job description provide for interaclion with the public on a
regular basis, allowing said employee to be compensated for bilingual skills after the
employee demonstrates proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested, if necessary), which proficiency would be determined by
successful completion of a proficiency test administered by the Human Resources
Department. Those employees who successfully demonstrate this skill would be eligible
to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for
bilingual pay.
31
Section 22: UNIFORM ALLOWANCE
A. lf an employee's job classification requires himiher to wear a uniform while on
duty, as designated by the City or employee's Department, the City will provide
and launder such uniform.
B. For the Administrative Secretary and Police Records Manager that works in the
Police Department, the City will provide the initial set of uniforms to the
employees. The newly hired employee will receive: two (2) class A uniforms; two
(2) class B uniforms; two (2) polo shirts and one (1)jacket or sweater. On all
subsequent anniversary dates the City will provide an annual uniform purchase
and maintenance allowance of $600.00. The employee's uniforms shall meet the
applicable regulations for his/her job classitication pursuant to City/Departmental
policies.
C. The monetary value ol uniforms shall be reported to CaIPERS in accordance with
CCR 571(a) and as defined by GC 7522.0a$)
J6
Section 23: STAND-BY POLICY
The purpose of the Stand-by Policy is to have employees on stand-by to respond to
malor incidents and emergencies during non-working hours which require immediate
attention to availability of qualified individuals with expertise in operating, maintaining,
restoring and repairing the City's technology systems.
A. lt is presently anticipated that the need for stand-by is for one (1) lnformation
Technology staff, with the understanding that actual stand-by staffing, if any,
remains at the discretion of the department head.
B. The Stand-by Policy does not apply to FLSA exempt managers and Executive
staff.
C. Stand-by duty requires that an employee be accessible, available, and physically
able to report to work. The employee must possess a City issued mobile phone
device that remains available for immediate contact. The employee must be
ready, willing, and able to respond to an emergency or incident or request for
assistance based on a pre-arranged schedule. Employees on stand-by must
respond to the mobile phone call immediately and be able to respond to the City
within one (1) hour of being called upon. The department head or designee will
determine if an employee is qualified to perform stand-by duties. The stand by
duty period shall be defined by the Department Head.
D. Employees on "stand-by'' shall receive two (2) hours of regular straight time
compensation for each date that lhe employee is assigned to be on stand-by.
Stand-by time is not counted as hours worked for purposes of overtime
calculation as employees are not restricted in their activities and may engage in
non-work related personal activities. On City-recognized Holidays where City Hall
is closed, employees on stand-by will be compensated lour (4) hours of straight
time compensation.
E. An employee assigned to stand-by who is not available to report will be subject to
appropriate disciplinary action, unless the employee provides sufficient notice to
their immediate supervisor of their incapacity to respond prior to the call back so
that appropriate arrangements can be made lor stand-by coverage.
F. When an employee on "stand-by" is called back to the City, he/she shall be
entitled to "stand-by" pay. Call back duty does not occur when an employee is
held over from his/her prior shift, or is working planned overtime. An employee
called back to duty shall be paid a minimum of four (4) hours of pay at the
applicable overtime rate. Time begins when the call back request is received and
ends when the employee returns home. lf work is performed remotely, the
employee shall receive hour for hour compensation at the applicable overtime
rate.
39
G. The employee will at times remain able to immediately respond to any
emergencies.
H. Each employee on stand-by duty is accountable to all of the rules and regulations
of the City.
L
ln the event of a call back, the employee will wear his/her City uniform, if
applicable.
40
PART II
CLASSIFICATION AND COMPENSATION PLAN
4l
Section 1. PURPOSE
Exhibit A to this resolution is enacted pursuant to the City of Vemon City Charter to
provide for the classification and compensation of City officers and employees, and to
conform to the principle of equal pay for equal wo*.
Officers and employees of the City of Vernon shall receive compensation and costs in
accordance with the amounts set forth in the attached compensation plan.
&sligne THE COMPENSATION PLAN
The basic compensation plan for the various employee units, groups and non-
classified employees, as of the date of adoption of this plan is hereby established as
set forth in Exhibit A, Citywide Classification and Compensation Plan, which is
attached hereto and incorporated herein by reference.
The City Administrator shall have authority to create and maintain salary steps to
implement the provisions of this Section. Salaries granted pursuant to this provision
shall be reported to PERS as compensation earned. Please refer to Human
Resources Policy ll-3, Salary Plan for specific policy and procedures.
Section 3. THE CLASSIFICATION PLAN
The classification plan includes the allocation of class titles to salary ranges for City
officers and employees. The Classification Plan further includes the allocation of class
titles to salary ranges for those employees that are designated as exempt from the
classified service. These exempt classes are for elective officers; persons appointed
by the City Council, including the City Administrator, and City Attorney; persons
appointed by the City Administrator, including department head or designees; and
persons appointed by the City Attorney pursuant to City of Vernon Municipal Code
that serve in an "at will" capacity subject to the terms and conditions of an
employment contract and are so designated in the plan as "non-classif ied. " The
classification plan as of the date of adoption of this plan is hereby established as set
forth in Exhibit "A" which is attached hereto and incorporaled herein by reference. The
Human Resources Director, with approval by the City Administrator or his/her
designee, is responsible for maintenance of the Classification Plan, including the
allocation of new or changed positions to the appropriate class, the recommendation
of proper salary ranges within the provision of pay administration, maintenance of up-
to-date class specif ications, and the preparation of reports and recommendations on
revisions to the Classification Plan. Please refer to Human Resources Policy ll-1,
Classification Plan Administration for specific policy and procedures.
42
EXHIB!T A
CLASSIFICATION AND COMPENSATION PLAN
13
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
$25,752
$25,752
$241 ,4O4
$293,436
$148,212
$155,616
$163,392
$171 ,564
$180,156
$2,146
$2,146
$12,351
$12,968
$13,616
$14,297
$15,013
$71.2558
$74.81 54
$78.5s38
$82.4827
$86.6135
1o122
$990.46
$990.46
$5,700.46
$5,98s.23
$6,284.31
$6,598.62
$6,929.08
1025 Council Member
1030 Mayor
101 0 City Adminislrator
101 5 Deputy City Administrator
Step 1
Step 2
Step 3
Step 4
Step 5
1625 ln{ormation Technology Analyst
SteP 1
Step 2
Step 3
SteP 4
Step 5
1620 lnlormation Technology Analyst, Senior NE
SteP 1
SteP 2
Step 3
Step 4
Step 5
1610 lnlormation Technology Manager
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
E
E
o01
o01
E50
c29
Min
Max
$20,117 $116.0s96 $9,284.77
$24,453 $141.0750 $11,286.00
$74,856
$78,600
$82,524
$86,6s2
$90,984
$86,6s2
$90,984
$95,544
$100,320
$105,336
$ 128,028
$134,436
$141 ,144
$148,212
$1 55,616
$s8,644
$61 ,584
$64,656
$67,896
$71,280
$6,238
$6,550
$6,877
$7,221
$7,582
$7 ,221
$7,582
$7,962
$8,360
$8,778
$10,669
$11,203
$1 1,762
$12,351
$12,968
$4,887
$s,132
$5,388
$s,658
$5,940
$35.9885
$37.7885
$39.67s0
$41.6596
$43.7423
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$61 .5519
$64.6327
$67.8577
$71.2s58
$74.8154
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,332.77
$3,499.38
$3,67 4.77
$3,858.46
$4,051.38
$4,924.15
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,7 4',t .54
1 630 lnlormation Technology Technician c21
City ot Vernon
Classification and Compensation Plan
Effective December 1 5, 2015
2o122
1615 Programmer/Analyst
1 1 10 City Attorney
1 1 15 Deputy City Attorney
1525 Legal Secretary
131 0 City Clerk
131 5 Deputy City Clerk
1320 Becords Management Assistant
Step 1
Step 2
Step 3
Step 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Slep 5
Y1
$90,984
$95,544
$100,320
$105,336
$1 10,592
$208,536
$255,780
$134,436
$141,144
$148,212
$155,61 6
$163,392
$s8,644
$61,584
$64,656
$67,896
$71,280
$7,582
$7,962
$8,360
$8,778
$9,216
$17,378
$21 ,315
$11,203
$11,762
$12,351
$12,968
$13,61 6
$4,887
$5,132
$5,388
$5,658
$s,940
$1 1,203
$13,616
$5,940
$6,238
$6,5s0
$6,877
$7 ,22'l
$4,655
$4,887
$5,132
$s,388
$5,658
$s,820
$43.7423
$45.9346
$48.2308
$50.6423
$53.1 692
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
Min
Max
E47
E38
c20
$100.2577 $8,020.62
$122.9712 $9,837.69
$u.6327
$67.8s77
$71 .2s58
$74.8154
$78.5s38
$28.1942
$29.6077
$s1 .0846
$32.e23
$34.2692
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
Min
Max
$134,436
$163,392
$71,280
$74,856
$78,600
$82,524
$86,652
$55,860
$s8,644
$61,584
$64,6s6
$67,896
$69,840
$64.6327
$78.5538
$34.2692
$35.988s
$37.788s
$39.67s0
$41.6s96
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$33.5769
$s,170.62
$6,284.31
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$2,148.46
$2,2s5.s4
$2,368.62
$2,486.77
$2,61 1.38
$2,686.15
City of Vernon
and Compensation Plan
December 15, 2015
3o122
Classification
Effective
1505 Administrative Aide (part-time hourty)
Step 1
1530 Administrative Assistant
Step 1
Step 2
Step 3
Step 4
Step 5
'1530 Administrative Assistant, (Confidential)
Step 1
Step 2
Step 3
Step 4
Step 5
1520 Administrative Assislanl, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
1520 Administrative Assistant, Senior (Confidential
Step 1
Step 2
Step 3
Step 4
Step 5
151 0 Administrative Secretary
Step 1
Step 2
Step 3
Step 4
Step 5
Grandlathered - G1
Grandfathered - G2
Grandfathercd - G3
1500 Execulive Assistant to the City Administrator
Step l
Step 2
Step 3
NE
C5
G13
$39,696
941,688
$43,764
$45,960
$48,252
cl3
$39,696
$41,688
$43,764
$45,960
$48,252
G17
$48,252
$s0,652
$53,208
$55,860
$58,644
$59,484
c17
$48,252
$50,652
$53,208
$5s,860
$58,644
c20
$55,860
$58,644
$61,584
$64,6s6
$67,896
$66,216
$69,864
$73,704
c24
$67,896
971,280
$74,856
$40.0000
$19.0846
$20.0423
$21.0404
$22.0962
$23.1981
$19.0846
$20.0423
$21.0404
$22.0962
$23.1981
$23.1981
$24.3519
$2s.s808
$26.8s58
$28.1942
$28.s981
$23.1 981
$24.3519
$25.5808
$26.8558
$28.1942
$26.8558
$28.1942
$29.6077
$31.0846
$32.6r'23
$31.8346
$33.588s
$35.4346
$32.6/.23
$34.2692
$35.9885
$1,526.77
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1 ,526.77
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1,855.8s
$1 ,948.15
$2,046.46
$2,148.46
$2,255.54
$2,287.85
$1,855.85
$1 ,948.1 5
$2,046.46
$2,148.46
$2,255.54
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,546.77
$2,687.08
$2,834.77
$2,61 1.38
$2,741.54
$2,879.08
$3,308
$3,474
$3,647
$3,830
$4,021
$3,308
$3,474
$3,647
$3,830
$4,021
$4,021
$4,221
M,434
$4,6s5
$4,887
$4,957
$4,021
$4,221
$4,434
$4,655
$4,887
$4,655
$4,887
$5,132
$5,388
$s,658
$5,518
$5,822
$6,142
$s,6s8
$5,940
$6,238
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
4o{22
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Slep 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$78,600
$82,524
G14
$41,688
$43,764
$4s,960
$48,252
$s0,652
G18
$50,652
$53,208
$5s,860
$58,644
$61,584
c22
$61,584
$64,6s6
$67,896
$71,280
$74,8s6
c26
$74,8s6
$78,600
$82,524
$86,6s2
$90,984
M36
$121 ,932
$128,028
$134,436
$141,144
$148,212
G16
$45,960
$48,252
$s0,652
$s3,208
$s5,860
M34
$6,550
$6,877
$37.7885 $3,023.08
$39.67s0 $3,174.00
1250 Account Clerk
'1247 Account Clerk, Senior
1240 Accounlant
1230 Accountant, Senior
1220 Assistanl Finance Director
1249 Business License Clerk
NE
NE
$3,47 4
$3,647
$3,830
$4,021
$4,221
$4,221
$4,434
$4,6s5
$4,887
$5,132
$5,132
$5,388
$s,6s8
$5,940
$6,238
$6,238
$6,ss0
$6,877
$7,221
$7,582
$10,161
$10,669
$1 1,203
$1 1 ,762
$12,351
$3,830
$4,021
$4,221
$4,434
$4,655
$20.0423
$21.0404
$22.0962
$23.1981
$24.3519
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$29.6077
$31.0846
$32.6423
$34.2692
$35.9885
$35.988s
$37.788s
$39.6750
$41.6596
$43.7 423
$s8.6212
$61 .s519
$64.6327
$67.8577
$71.2558
$22.0962
$23.1981
$24.3519
$2s.5808
$26.8558
$1,603.38
$1,683.23
$1,767.69
$1,855.85
$1,948.15
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$2,879.08
$3,02s.08
$3,174.00
$3,332.77
$3,499.38
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$5,700.46
$1,767.69
$1,8s5.85
$1 ,948.1 5
$2,046.46
$2,148.46
1225 Deputy City Treasurer
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
5o122
Step 1
Step 2
Step 3
Step 4
Step 5
Step 'l
Slep 2
Slep 3
Slep 4
Slep 5
Slep 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$1 16,124
$121 ,932
$128,028
$134,436
$9,677
$10,161
$10,669
$11,203
$12,968
$13,61 6
$14,297
$1s,013
$15,763
$7 ,221
$7,582
$7 ,962
$8,360
$8,778
$53.1692
$55.8288
$58.6212
$61 .ss19
$64.6327
$7 4.8154
$90.9404
$1 00.9615
$25.5808
$26.8s58
$28.1942
$29.6077
$sl.0846
$22.0962
$23.1981
$24.3s19
$25.5808
$26.8558
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5,985.23
lt,zlc.1a
$8,076.92
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$1,767.69
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,148.46
$2,255.s4
$2,368.62
$2,486.77
$2,61 1.38
$s,98s.23
$6,284.31
$6,598.62
$6,929.08
$7,275.23
$3,332.77
$3,499.38
$3,67 4.77
$3,858.46
$4,0s1.38
10,592 ,216
1210 Director of Finance/City Treasurer
1245 Payroll Specialist
1248 Public Housing Property Coordinator
1235 Purchasing Assistanl
5015 Assistant Fire Chie{
5033 Assistant Fire lvlarshal
E41
Min
lvlax
Y1
$155,61 6
$189,156
$210,000
$53,208
$s5,860
$58,644
$61,s84
$64,656
$4s,960
$48,252
$50,6s2
$53,208
$ss,860
$5s,860
$58,644
$61,584
$64,656
$67,896
$12,968
$15,763
$17,500
$4,434
$4,6s5
$4,887
$s,132
$5,388
$3,830
$4,O21
$4,221
$4,434
$4,655
$4,655
$4,887
$5,132
$5,388
$s,658
c19
c16
NE
FM41
$155,616
$163,392
$171 ,564
$180,156
$189,156
M29
$86,652
$90,984
$9s,s44
$100,320
$105,336
FM38
$74.8154
$78.5538
$a2.4A27
$86.6135
$90.9404
$ 41.6596
$ 43.7 423
$ 45.9346
$ 48.2308
$ 50.6423
5025 Fire Baflalion Chief (P)
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
6o122
1662 $5,170.62Step 1
Step 2
Step 3
Step 4
Step 5
$134,436
$141,1214
$148,212
$1s5,616
$16s,392
FA38
$134,436
$141 ,144
$148,212
$1 55,616
$163,392
F31
$95,544
$100,320
$105,336
$1 10,s92
$1 16,124
FA31
$9s,544
$100,320
$105,336
$1 10,592
$116,124
E45
$189,1 56
$229,908
G25
$71,280
$74,8s6
$78,600
$82,524
$86,652
F28
$82,524
$86,6s2
$90,984
$95,544
$100,320
FM33
$105,336
$11,203
$11,762
$12,3s1
$12,968
$13,616
$48.4698
$50.8970
$53.4396
$56.1099
$5,428.62
$5,700.46
$5,985.23
$6,284.31
5025 Fire Batlalion Chief (A)
5030 Fire Captain (P)
5030 Fire Captain (A)
5010 Fire Chief
5050 Fire Code lnspector
5040 Fire Engineer (P)
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Min
Max
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
$1 1,203
$.1 1,762
$12,3s1
$12,968
$13,616
$7,962
$8,360
$8,778
$9,216
$9,677
$7,962
$8,360
$8,778
$9,216
$9,677
$15,76s
$19,1s9
$5,940
$6,238
$6,550
$6,877
$7 ,221
$6,877
$7 ,221
$7,582
$7,962
$8,360
$8,778
$il.6327
$67 .8577
$71.2ss8
$74.8154
$78.5s38
$32.8104
$34.4505
$36.1731
$37.9780
$39.8777
$45.9346
$48.2308
$50.6423
$s3.1692
$55.8288
$90.9404
$1 10.5327
$34.2692
$3s.988s
$37.7885
$39.6750
$41.6596
$28.3393
$29.7s69
$31 .2445
$32.8104
$34.4505
$50.6423
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$3,674.77
$3,858.46
$4,051.38
$4,253.s4
$4,466.31
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$7,275.23
$8,842.62
$2,7 41 .54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,174.00
$3,332.27
$3,499.38
$3,674.77
$3,858.46
$4,051.38
NE
NE
5020 Fire Marshal
City of Vernon
Classification and Compensation Plan
Effective December 1 5, 201 5
7o122
5060 Firefighler (P)
Step 2
Step 3
Slep 4
Slep 5
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
5045 Firefighter/Paramedic (P)
5035 Firelighter/Paramedic Coordinator (P)NE
8010 Director of Gas and Electric
l\ilin
lVlax
8710 Business and Account Supervisor
Slep 1
Step 2
Step 3
Step 4
Step 5
8615 Utilities Compliance Analyst
Step 1
Step 2
Step 3
Step 4
Step 5
$ 18,248 $10s.2769 $8,422.15
$22,180 $127.9615 $10,236.92
$1 10,592
$116,124
$121 ,932
$128,028
$71,280
$74,8s6
$78,600
$82,524
$86,652
$82,524
$86,652
$90,984
$95,s44
$100,320
$86,652
$90,984
$95,5214
$100,320
$105,336
$9,216
$9,677
$10,161
$10,669
$5,940
$6,238
$6,550
$6,877
$7 ,221
$6,877
$7 ,221
$7,582
$7,962
$8,360
$7 ,221
$7,582
$7,962
$8,360
$8,778
$53.1 692
$55.8288
$58.6212
$61 .s519
$24.4780
$2s.7060
$26.9918
$28.3393
$29.7569
$28.3393
$29.7s69
$31.2445
$32.8104
$34.4s05
$29.7s69
$31.2445
$32.8104
$34.4505
$36.1731
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$2,7 41 .54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,332.77
$3,499.38
$3,67 4.77
$3,858.46
$4,051.38
E48
l\il31
$218,976
$266,160
$95,544
$100,320
$10s,336
$1 10,s92
$116,124
$78,600
$82,524
$86,652
$90,984
$95,544
$7,962
$8,360
$8,778
$9,216
$9,677
$6,5s0
$6,877
$7 ,221
$7,582
$7,962
$4s.9346
$48.2308
$s0.6423
$5s.1 692
$55.8288
$3,674.77
$3,8s8.46
$4,0s1.38
$4,253.54
$4,466.31
$37.7885
$39.6750
$41.6596
$43.7 423
$45.9346
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,67 4.77
E8610 Utilities Compliance Manager
NE F25
NE G27
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
8o122
Step 1
Step 2
Step 3
Step 4
Step 5
8530 Utilities CuslomerService Representative
Step 1
Step 2
Step 3
Step 4
Step 5
851 0 Utilities Customer Service Supervisor
Step 1
Step 2
Step 3
Step 4
Slep 5
8040 Electric Operations Supervisor
NE G17
$1 16,124
$121 ,932
$128,028
$134,436
$141,144
$48,252
$50,652
$53,208
$55,860
$58,644
$74,856
$78,600
$82,524
$86,6s2
$90,984
$116,124
$121,932
$128,028
$134,436
$141 ,144
$90,984
$95,544
$100,320
$105,336
$1 10,592
$95,544
$100,320
$105,336
$1 10,s92
$1 16,124
$86,652
$90,984
$9s,544
$9,677
$10,161
$10,669
$1 1,203
$1 1,762
$55.8288
$58.6212
$61 .5519
$64.6327
$67 .8577
,466.31
$4,689.69
$4,924.15
$5,170.62
$s,428.62
NE
$4,021
$4,221
$4,434
$4,655
$4,887
$6,238
$6,s50
$6,877
$7 ,221
$7,582
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$35.9885
$37.7885
$39.6750
$41.6s96
$43.7423
$ss.8288
$58.6212
$61 .s519
964.6327
$67 .8577
$43.7423
$45.9346
$48.2308
$50.6423
$s3.1692
$45.9346
$48.2308
$50.6423
$53.1692
$s5.8288
$41.6596
$43.7423
$45.9346
$1,855.8s
$1 ,948.15
$2,046.46
$2,148.46
$2,255.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,2s3.54
$3,67 4.77
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$3,332.77
$3,499.38
$3,67 4.77
8035 E lectric Operator
8053 Electrical Test Technician, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
NE
$9,677
$10,161
$10,669
$1 1,203
$11,762
$7,582
$7,962
$8,360
$8,778
$9,216
$7,962
$8,360
$8,778
$9,216
$9,677
$7,221
$7 ,582
$7,962
t31NE
8050 Metering Technician NE
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
00,320
$105,336
8045 Power Plant Operator
8055 Eleclrical Test Technician
8030 Utilities Dispalcher
8025 Utilities Dispatcher, Senior
8015 Utilities Operations Manager
Step 1
Step 2
Step 3
Step 4
Step 5
9o122
$48.2308 $3,858.46
$50.6423 $4,0s1.38
NE
NE
$82,524
$86,652
$90,984
$95,s44
$100,320
$86,652
$90,984
$95,544
$1 00,320
$105,336
$8,360
$8,778
$6,877
$7,221
$7,s82
$7,962
$8,360
$7,221
$7,582
$7 ,962
$8,360
$8,778
$39.67s0
$41.6596
$43.7 423
$45.9346
$48.2308
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
Step 1
Step 2
Step 3
Slep 4
Slep 5
Step 1
Step 2
Step 3
Step 4
Slep 5
Slep 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$86,6s2
$90,984
$9s,544
$100,320
$10s,336
$105,336
$1 10,592
$1 16,124
$121 ,932
$128,028
$1 10,592
$1 16,124
$121 ,932
$128,028
$134,436
$134,436
$141 ,144
$'148,212
$1ss,61 6
$163,392
$7,221
$7,582
$7,962
$8,360
$8,778
$8,778
$9,216
$9,677
$10,161
$10,669
$9,216
$9,677
$10,161
$10,669
$1 1,203
$1 1,203
$1 1,762
$12,351
$12,968
$13,616
$41.6596
$43.7423
$45.9346
$48.2s08
$s0.6423
$50.6423
$53.1692
$55.8288
$58.6212
$61 .5519
$s3.1692
$55.8288
$58.6212
$61.5519
$64.6327
$64.6327
$67.8577
$71 .2558
$74.8154
s78.5538
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.s8
$4,051.38
$4,2s3.54
$4,466.31
$4,689.69
$4,924.15
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$s,170.62
$5,170.62
$5,428.62
$5,700.46
$5,98s.23
$6,284.31
NE
M38
Step 1
Slep 2
Step 3
Slep 4
Step 5
$41.6596
$43.7423
$45.9346
$48.2308
$50.6423
$3,332.77
$3,499.38
$3,67 4.77
$3,858.46
$4,051.38
8130 Associate Electrical Engineer 129
28
129
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
10 ol 22
8140 Computer Aided Drafting Technician
8125 Electrical Engineer
81 15 Supervising Electrical Engineer
8l 10 Utilities Engineering Manager
8215 Gas Systems Specialist
8210 Gas Systems Superintendent
Step .1
Step 2
Step 3
Step 4
Step 5
Y1
Step 1
Slep 2
Slep 3
Step 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 1
Slep 2
Slep 3
Step 4
Step 5
$55,860
$58,644
$61,584
$64,656
$67,896
$70,860
$95,544
$100,320
$105,336
$1 10,592
$116,124
$105,336
$1 10,592
$116,'124
$121 ,932
$128,028
$148,212
$1 55,616
$163,392
$171 ,564
$180,156
$4,655
$4,887
$s,132
$s,388
$s,658
$5,905
$7,962
$8,360
$8,778
$9,216
$9,677
$8,778
$9,216
$9,677
$10,1 61
$10,669
$12,351
$12,968
$13,616
$14,297
$15,013
$7,582
$7,962
$8,360
$8,778
$9,216
$9,275
$9,216
$9,677
$1 0,161
$10,669
$11,203
$6,238
$6,550
$26.8558
$28.1942
$29.6077
$31 .0846
$32.6423
$34.0673
$4s.9346
$48.2308
$50.6423
$53.1 692
$55.8288
$50.6423
$53.1692
$55.8288
$58.6212
$61 .5519
$71.2558
$74.8154
$78.5538
$82.4827
$86.6135
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,725.38
$3,674.77
$3,8s8.46
$4,051.38
$4,253.s4
$4,466.31
$4,051.38
$4,253.54
$4,466.31
$4,689.69
$4,924.1s
$5,700.46
$5,985.23
$6,284.31
$6,s98.62
$6,929.08
t31
t30
Step 1
Step 2
Step 3
Step 4
Step 5
YCl
Step 1
Step 2
Step 3
Step 4
Step 5
$90,984
$95,544
$100,320
$105,336
$1 10,592
$1 11 ,300
$1 10,592
$116,124
$121 ,932
$128,028
$134,436
$74,856
$78,600
$43.7423
$4s.9346
$48.2308
$50.6423
$53.1692
$53.5096
$53.1692
$55.8288
$s8.6212
$61 .5519
$64.6327
$35.988s
$37.788s
$3,499.38
$3,67 4.77
$3,8s8.46
$4,0s1.38
$4,253.54
$4,28O.77
$4,253.54
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$2,879.08
$3,023.08
Step 1
Step 2
8220 Gas Systems Technician NE
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
11 ol 22
Step 3
Step 4
Step 5
$86,652
$90,984
$82,524
$86,652
$90,984
$9s,544
$100,320
$90,984
$9s,544
$100,320
$105,336
$1 10,592
$1 55,616
$163,392
$171 ,564
$180,1s6
$189,1s6
$74,8s6
$78,600
$82,524
$86,6s2
$90,984
$1 16,124
$121 ,932
$128,028
$134,436
$141 ,144
$100,320
$105,336
$1 10,592
$1 16,124
$121 ,932
$6,877
$7,221
$7,582
$39.6750 $3,174.00
$41.6596 $3,332.77
$43.7423 $3,499.38
8435 Assistant Resource Scheduler
8430 Associate Resource Scheduler
28
8410 Electric Resources Planning & Dev. Mngr
SteP 1
Step 2
Slep 3
Step 4
Step 5
8425 Electric Service Planner
Step 1
Step 2
Step 3
SteP 4
Step 5
8415 Resource Planner
Step 1
Step 2
Step 3
Step 4
Step 5
8420 Resource Scheduler
Slep 1
Step 2
Step 3
Step 4
Step 5
Slep 1
Step 2
Step 3
Step 4
Step 5
NE
Step 1
Slep 2
Step 3
Step 4
Step 5
$6,877
$7 ,221
$7,582
$7,962
$8,360
$7,582
$7,962
$8,360
$8,778
$9,216
$12,968
$13,616
$14,297
$1 s,013
$15,763
$6,238
$6,550
$6,877
$7 ,221
$7,582
$9,677
$10,161
$10,669
$11,203
$1 1 ,762
$8,360
$8,778
$9,216
$9,677
$10,161
$39.6750
$41.6596
$43.7 423
$4s.9346
$48.2308
$43.7423
$4s.9s46
$48.2308
$50.6423
$53.1692
$74.8154
$78.5538
$82.4827
$86.6135
$90.9404
$35.988s
$37.7885
$39.67s0
$41.6s96
$43.7 423
$55.8288
$58.6212
$61 .s519
$64.6327
$67.8s77
$48.2308
$50.6423
$s3.1692
$s5.8288
$58.6212
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,253.54
$s,985.23
$6,284.s1
$6,598.62
$6,929.08
$7,275.23
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$4,466.31
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$3,858.46
$4,051.38
$4,2s3.s4
$4,466.31
$4,689.69
M41
NE
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
12 ol 22
8315 Telecommunications Specialist
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Slep 8
8310 Telecommunications Syslems Engineer
SleP 1
Siep 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step I
Step 1
Step 2
Step 3
Step 4
Step 5
2010 Director ol Health and Environmental Control E
Min
Max
2030 Environmental Specialist
NE
$82,404
$78,108
$74,O40
$70,176
$66,528
$63,060
$59,772
$56,652
$1 1 1,300
$10s,s04
$99,996
$94,788
$89,844
$85,1s2
$80,712
$76,512
$6,867
$6,509
$6,170
$5,848
$5,544
$5,255
$4,981
$4,721
$9,27s
$8,792
$8,333
$7,899
$7 ,487
$7,096
$6,726
$6,376
$9,677
$10,161
$10,669
$1 1,203
$11,762
$14,297
$17,378
$5,658
$5,940
$6,238
$6,s50
$6,877
$6,877
$7 ,221
$7,582
$7,962
$8,360
$7,99s
$39.6173
$37.5s19
$35.5962
$33.7385
$31 .9846
$30.3173
$28.736s
$27.236s
$53.5096
$50.7231
$48.0750
$4s.5712
$43.1942
$40.9385
$38.8038
$36.7846
$3,169.38
$3,004.1 5
$2,847.69
$2,699.08
$2,558.77
$2,425.38
$2,298.92
$2,178.92
$4,280.77
$4,057.85
$3,846.00
$3,645.69
$3,4s5.54
$3,275.08
$3,104.31
$2,942.77
$4,466.31
$4,689.69
$4,924.1 5
$5,170.62
$5,428.62
$6,s98.62
$8,020.62
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,689.08
E43
$116,124
$12't,932
$128,028
$134,436
$141 ,144
$171 ,564
$208,s36
$67,896
$71,280
$74,856
$78,600
$82,524
$82,524
$86,652
$90,984
$95,544
$100,320
$9s,916
$55.8288
$58.6212
$61 .ssl9
$64.6327
$67 .8577
$82.4827
$100.2s77
$32.6423
$34-2692
$35.988s
$37.7885
$39.6750
$39.67s0
$41.6s96
$43.7423
$45.9346
$48.2308
$46.1 13s
NE
2025 Environmental Specialist, Senior
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
G1
2015 Deputy Dir. of Health & Environmental Contr( E
Grandfathered - Hired before July 1 , 2014
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
$1 01 ,196
$106,764
$112,632
G2
G3
G4
$8,433
$8,897
$9,386
.6519
$51.3288
$54.1500
13 ol 22
$3,892.15
$4,106.31
$4,332.00
Grandlathered - Hked belorc July 1, 2014
Grandlathered - Hied betore July 1, 2014
Grandfathered ' Hired before July 1, 2014
1410 Director of Human Resources
1420 Human Resources AnalYSt
1415 Human Besources Analyst, Senior
1425 Human Resources Assistant
Min
Max
Y1
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
c26
NE
$74,8s6
$78,600
$82,524
$86,652
$90,984
$100,320
$105,336
$1 10,592
$1 16,124
$121 ,932
$48,252
$50,652
$53,208
$5s,860
$58,644
$141,144
$148,212
$155,616
$163,392
$171 ,564
$121 ,932
$128,028
$134,436
$141 ,144
$148,212
$6,238
$6,5s0
$6,877
$7 ,221
$7,582
$8,360
$8,778
$9,216
$9,677
$10,161
$4,021
$4,221
$4,434
$4,655
$4,887
$11,762
$12,351
$12,968
$13,616
$-14,297
$10,161
$10,669
$1 1 ,203
$11 ,762
$12,351
$35.988s
$37.788s
$39.6750
$41.6596
$43.7423
$48.2308
$50.6423
$s3.1692
$55.8288
$58.6212
$23.1981
$24.3519
$25.5808
$26.8558
$28.1942
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,858.46
$4,051.38
$4,253.54
$4,466.31
$4,689.69
$1,855.85
$1 ,948.15
$2,046.46
$2,148.46
$2,2ss.54
$148,212 $12,351 $71.2558 $5,700.46
$180,156 $15,013 $86.6135 $6,929.08
$196.000 $16,333.34 $94.2308 $7,538.46
$67 .8577
$71.2s58
$74.8154
$78.5538
$82.4827
$58.6212
$61 .5519
$64.6327
$67 .8577
$71 .2s58
$5,428.62
$5,700.46
$s,98s.23
$6,284.31
$6,s98.62
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$5,700.46
3010 Industrial Development Director
.l O2O Economic Development Manager
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
14 ol 22
4035 Police Cadet
4015 Police Captain
4010 Police Chief
4020 Police Lieutenant
4030 Police Olficer
3180
$38,124
$36,144
$34,260
$32,472
$30,780
$29,172
$27,660
$26,208
PM39
$141,144
$148,212
$155,616
$163,392
$171 ,564
E46
$198,612
$24't ,404
NE
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 1
Step 2
Step 3
Step 4
Step 5
NE PM36
$3,177
$3,012
$2,85s
$2,706
$2,56s
$2,431
$2,30s
$2,1 84
$11,762
$12,351
$12,968
$13,61 6
$14,297
$16,551
$20,1 17
$10,1 61
$10,669
$1 1,203
$1 1,762
$12,351
$5,940
$6,238
$6,550
$6,877
$7,221
$6,982
$7,367
$7,771
$7,582
$7,962
$8,360
$8,778
$9,216
$8,501
$18.3288
$17.3769
$16.4712
$15.61 1 5
$14.7981
$14.0250
$13.2981
$12.6000
$67.8577
$71.2ss8
$74.81s4
$78.ss38
$82.4827
$9s.4865
$.1 16.0596
$s8.6212
$61 .5519
$64.6327
$67.8577
$71 .2558
$34.2692
$35.988s
$37.7885
$39.6750
$41.6596
$40.2808
$42.5019
$44.8327
$43.7 423
$45.9346
$48.2308
$50.6423
$53-1692
$49.0442
$1,466.31
$1,390.1s
$1 ,317.69
$1,248.92
$1,183.85
$1,122.00
$1,063.8s
$1,008.00
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$6,598.62
$7,638.92
$9,284.77
$4,689.69
$4,924.15
$s,170.62
$s,428.62
$s,700.46
$2,741.54
$2,879.08
$3,023.08
$3,174.00
o.r,.1.r2. / /
$3,222.46
$3,400.1 s
$s,586.62
$3,499.38
$3,67 4.77
$3,858.46
$4,051.38
$4,253.54
$3,923.s4
Min
Max
Step 1
Step 2
Slep 3
Step 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
Y1
Y2
Y3
Step 1
Step 2
Step 3
Step 4
Step 5
Y1
$121 ,932
$128,028
$134,436
$141,144
$148,212
$71,280
$74,856
$78,600
$82,524
$86,652
$83,784
$88,404
$93,252
$90,984
$95,544
$100,320
$105,336
$1 10,592
$102,012
NE
4025 Police Sergeant NE
Effective December 15, 2015
Classification and Compensation Plan
$107,616
$1 13,544
4125 Civilian Court Otf icer G17
4 130 Police Dispatcher
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Slep 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Yt
NE u to
4123 Police Community Services Officer NE G16
41 1 5 Police Dispatcher, Lead
41 10 Police Records Manager
$48,252
$50,652
$s3,208
$55,860
$s8,644
$45,960
$48,252
$50,652
$53,208
$ss,860
$50,652
$5s,208
$55,860
$s8,644
$61,s84
$55,860
$58,644
$61,584
$64,656
$67,896
$78,600
$82,524
$86,652
$90,984
$95,544
$41,688
$43,764
$45,960
$48,252
$50,652
$51,540
$51.7385 ,139.08
$9,462 $54.5885 $4,367.08
$1,855.8s
$1 ,948.1 5
$2,046.46
$2,148.46
$2,255.54
$1,768
$1,856
$1,948
$2,046
$2,148
$1,948.15
$2,046.46
$2,148.46
$2,2ss.54
$2,368.62
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,611.38
$3,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$1,603.38
$1,683.23
$1,767.69
$1,8s5.85
$1 ,948.1 5
$1,982.31
City of Vernon 15 ol22
Y3
NE
$4,021
$4,221
$4,434
$4,6s5
$4,887
$3,830
$4,021
$4,221
$4,434
$4,655
$4,221
$4,434
$4,6ss
$4,887
$s,132
$4,65s
$4,887
$5,132
$5,388
$5,658
$6,s50
$6,877
$7,221
$7 ,582
$7,962
$3,474
$3,647
$3,830
$4,021
$4,221
$4,29s
$23.1981
$24.3519
$2s.5808
$26.8558
$28.1942
$22.0962
$23.1981
$24.3519
$2s.s808
$26.8558
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$26.8ss8
$28.1942
$29.6077
$31.0846
$32.6423
$37.7885
$39.6750
$41.6596
$43.7423
$45.9346
$20.0423
$21.0404
$22.0962
$23.1 981
$24.3519
$24.7788
4135 Police Becords Technician G14
City of Vernon
Classification and Compensation Plan
Effective December 1 5, 2015
16 ol 22
4120 Police Records Technician, Lead
Step 1
Step 2
Step 3
Step 4
Step 5
7015 Deputy Director of PW, Waler and Dev. Serv E
Step 1
Step 2
Step 3
SteP 4
Step 5
7010 Director of PW, Water and Development Ser E
Min
Max
7230 Building lnspector
7215 Building lnspector, Senior
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
Y1
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
G16
E46
$3,830
$4,021
$4,221
$4,434
$4,655
$1 1,203
$11,762
$12,351
$12,968
$13,616
$16,551
$20,1 17
$5,940
$6,238
$6,550
$6,877
$7 ,221
$6,s50
$6,877
$7 ,221
$7,582
$7,962
$8,0s1
$s,940
$6,238
$6,550
$6,877
$7,221
$6,550
$6,877
$45,960
$48,252
$50,652
$53,208
$55,860
$134,436
$141 ,144
$148,212
$155,61 6
$163,392
$198,612
$241 ,404
$71,280
$74,8s6
$78,600
$82,524
$86,652
$78,600
$82,524
$86,652
$90,984
$95,544
$96,612
$71 ,280
$74,856
$78,600
$82,524
$86,6s2
$78,600
$82,524
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$1,767.69
$1,855.85
$1 ,948.1 5
$2,046.46
$2,148.46
$64.6327
$67 .8577
$71.2558
$7 4.8154
$78.5538
$95.4865
$1 16.0596
$5,170.62
$5,428.62
$5,700.46
$5,985.23
$6,284.31
$7,638.92
$9,284.77
7 225 Elecltical I nspector
$34.2692
$3s.988s
$37.7885
$39.6750
$41.6s96
$s7.7885
$39.6750
$41.6s96
$43.7423
$45.9346
$46.4481
$34.2692
$35.9885
$37.7885
$39.6750
$41.6596
$37.7885
$39.6750
$2,742
$2,879
$3,023
$3,174
$3,333
$s,023.08
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,715.85
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,023
$3,174
7213 Electrical lnspector, Senior
City of Vernon
$86,652
$90,984
$95,544
$48,252
$50,652
$53,208
$55,860
$58,644
$61,584
$M,656
$67,896
$71,280
$74,856
$71,280
$74,856
$78,600
$82,524
$86,652
$78,600
$82,524
$86,652
$90,984
$95,544
$7,221
$7,s82
$7,962
$4,021
$4,221
$4,434
$4,655
$4,887
$5,132
$5,388
$5,658
$5,940
$6,238
$5,940
$6,238
$6,sso
$6,877
$7,221
$6,550
$6,877
$7 ,221
$7,s82
$7,962
1 .6596
$43.7423
$45.9346
17 ol 22
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$3,333
$3,499
$3,675
$1,855.8s
$1,948.15
$2,046.46
$2,148.46
$2,2ss.s4
$2,368.62
$2,486.77
$2,61 1.38
$2,7 41 .54
$2,879.08
$2,7 41 .54
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,023.08
$3,174.00
$3,332.77
$3,499.s8
$3,674.77
Classification and Compensation Plan
Effective December 15, 2015
7250 Permit Technician
7220 Assistant Planner
7235 Plumbing and Mechanical lnspector
7213 Plumbing and Mechancial lnspector,
7140 Assistant Engineer
7135 Associate Engineer
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
NE G17
G25
NE G24
$23.1981
$24.3519
$2s.5808
$26.8558
$28.1942
$29.6077
$31.0846
$2.e23
$34.2692
$3s.988s
$34.2692
$35.988s
$37.7885
$39.6750
$41.6596
$37.7885
$39.6750
$41.6596
s43.7 423
$45.9346
NE
NE
Step 1
Step 2
Step 3
Slep 4
Step 5
Senior NE
Step 1
Step 2
Step 3
Slep 4
Step 5
NE
$67,896
$71,280
$74,856
$78,600
$82,524
$82,524
$86,652
$90,984
$95,544
$100,320
$s,6s8
$s,940
$6,238
$6,550
$6,877
$6,877
$7,221
$7,582
$7,962
$8,360
$32.6423
$34.2692
$35.9885
$37.7885
$39.67s0
$39.6750
$41.6596
$43.7423
$45.9346
$48.2308
71 l8 Civil Engineer NE
City of Vernon
and Compensation Plan
December 15,2015
18 ot 22
Classification
Effective
7145 Engineering Aide
71 1 5 Principal Civil Engineer
7120 Prcjecl Engineer
Step 1
Step 2
Step 3
Slep 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step I
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 1
Step 2
Slep 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
$100,320
$105,336
$1 10,s92
$1 16,124
$121,932
$s8,644
$61,s84
$&,6s6
$67,896
$71 ,280
$121 ,932
$128,028
$134,436
$141,144
$148,212
$90,984
$95,544
$100,320
$1 05,336
$1 10,592
$78,600
$82,524
$86,6s2
$90,984
$9s,544
$8,s60
$8,778
$9,216
$9,677
$10,161
$4,887
$5,132
$5,388
$5,658
$5,940
$10,161
$10,669
$11,203
$11,762
$12,351
$7,s82
$7,962
$8,360
$8,778
$9,216
$6,5s0
$6,877
$7 ,221
$7 ,582
$7,962
$3,8s0
M,021
$4,221
$4,434
$4,655
$s,132
$5,388
$5,658
$5,940
$48.2308
$50.6423
$53.1 692
$55.8288
$s8.6212
$28.1942
$29.6077
$31.0846
$32.6/.23
$34.2692
$58.6212
$61 .5519
$64.6327
$67.8577
$71 .2ss8
$43.7423
$45.9346
$48.2308
$50.6423
$s3.1 692
$37.788s
$39.6750
$41.6596
$43.7423
$45.9346
$4,051.38
$4,253.54
$4,466.31
$4,689.69
$2,25s.54
$2,368.62
$2,486.77
$2,611.38
$2,7 41 .54
$4,689.69
$4,924.15
$5,170.62
$5,428.62
$5,700.46
$3,499.38
$3,674.77
$3,8s8.46
$4,051.38
$4,253.54
$3,023.08
$s,174.00
$3,332.77
$3,499.38
$3,674.77
G21
NE
7125 Stormwater and Special Projects Analyst
Step 1
Step 2
Step 3
Step 4
Step 5
7720 Facilities lvlaintenance Worker u to
$45,960
$48,252
$50,6s2
$53,208
$s5,860
$61,s84
$64,656
$67,896
$71,280
$22.0962
$23.1981
$24.3519
$25.5808
$26.8558
$29.6077
s31.0846
$32.6423
$34.2692
$1,767.69
$1,8s5.8s
$1 ,948.1 5
$2,046.46
$2,148.46
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
7735 Facilities Maintenance Worker, Lead NE
NE G27
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
7730 Facilities Maintenance Worker, Senior NE G18
Step 1
Step 2
Slep 3
SteP 4
SteP 5
Mechanic G]9
$74,8s6
$75,936
$s0,652
$53,208
$55,860
$58,644
$61,584
$6,328
$4,221
$4,434
$4,655
$4,887
$5,132
$4,434
$4,65s
$4,887
$s,132
$s,388
$5,388
$5,658
$5,940
$6,238
$6,550
$4,887
$5,132
$5,388
$5,658
$5,940
19 ol 22
$35.9885 $2,879.08
$36.5077 $2,920.62
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,486.77
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$1 ,948.1 5
$2,046.46
$2,148.46
$2,255.54
$2,368.62
7520 Mechanic, Lead
7525 Mechanic, Senior
Meter Reader
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
$53,208
$55,860
$58,fl4
$61,584
$64,656
$e,656
$67,896
$71,280
$74,8s6
$78,600
$58,644
$61,584
$e,6s6
$67,896
$71,280
$25.5808
$26.85s8
$28.1942
$29.6077
$31.0846
$31 .0846
$32.6423
$34.2692
$3s.9885
$37.7885
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
$24.3519
$2s.5808
$26.8558
$28.1942
$29.6077
$26.8ss8
$28.1942
$29.6077
$31.0846
NE
G18
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
$50,652
$53,208
$5s,860
$58,644
$61 ,s84
$s5,860
$58,644
$61,584
$64,656
$4,221
$4,434
$4,6s5
$4,887
$s,132
$4,655
$4,887
$s,132
$5,s88
$1 ,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,148.46
$2,2ss.54
$2,368.62
$2,486.77
7820 lvleter Reader, Lead NE
NE G21
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
20 ol 22
$67.896 $5,6s8 $32.6423 $2,611.38
7430 Street Maintenance Worker
7425 Streel Maintenance Worker, Senior
7630 Warehouse Worker
7620 Warehouse Worker, Lead
7625 Warehouse Worker, Senior
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Step 5
Step I
Step 2
Step 3
Slep 4
Step 5
Y1
Step '1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
Slep 5
u t5
G18
NE G16
NE G18
$43,764
$45,960
$48,252
$50,6s2
$53,208
$s0,652
$53,208
$55,860
$58,644
$61,584
$3,647
$3,830
$4,021
$4,221
$4,434
$4,221
$4,434
$4,655
$4,887
$s,132
$21.0404
$22.0962
$23.1981
$24.3519
$25.5808
$24.3519
$25.5808
$26.8558
$28.1942
$29.6077
$1,683.23
$1,767.69
$1,855.85
$1,948.15
$2,046.46
$1,948.15
$2,046.46
$2,148.46
$2,2s5.s4
$2,368.62
$1,767.69
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
$2,8U.77
$1,948.15
$2,046.46
$2,148.46
$2,255.54
$2,368.62
NE
$4s,960
$48,252
$50,652
$53,208
$5s,860
$s8,644
$61,584
$64,6s6
$67,896
$71,280
$73,704
$50,6s2
$53,208
$55,860
$s8,s4
$61,584
$3,830
$4,021
$4,221
$4,434
$4,655
$4,887
$5,1 32
$5,388
$5,658
$5,940
$6,142
$4,221
$4,434
$4,6s5
$4,887
$s,132
$22.0962
$23.1981
$24.3519
$2s.5808
$26.8558
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
$35.4346
$24.3519
$25.5808
$26.8ss8
$28.1942
$29.6077
$74,856
$78,600
$82,524
$86,6s2
$90,984
$6,2s8
$6,550
$6,877
$7,221
$7,582
$35.9885
$37.7885
$39.6750
$41.6596
$43.7423
$2,879.08
$3,023.08
$3,174.00
$3,332.77
$3,499.38
7330 Public Works Foreman M26
City of Vernon 21 ol22
Classification and Compensation Plan
Effective December 15, 201 5
7320 Public Works and Water Foreman
SteP 1
SteP 2
Step 3
Step 4
Step 5
73'l 0 Public Works and Water Superintendent
Step 1
Step 2
Step 3
Step 4
Slep 5
7130 Public Works Projecl Coordinator
Step 1
Slep 2
Step 3
SteP 4
Step 5
7132 Public Works Water Project Coordinator
SleP 1
Step 2
Step 3
SteP 4
Step 5
7325 Streel and Water Crew Leader
SteP 1
Step 2
Slep 3
Step 4
Step 5
7930 Water Maintenance Worker
G29
G17
$82,524
$86,6s2
$90,984
$95,544
$100,320
$105,336
$1 10,s92
$116,124
$121 ,932
$128,028
$86,6s2
$90,984
$95,544
$100,320
$105,336
$86,652
$90,984
$95,s44
$100,320
$105,336
$67,896
$71 ,280
$74,856
$78,600
$82,524
$48,252
$50,6s2
$53,208
$s5,860
$58,644
$61,584
$64,6s6
$67,896
$71,280
$6,877
$7 ,221
$7,582
$7,962
$8,360
$8,778
$9,216
$9,677
$10,161
$10,669
$7 ,221
$7,582
$7,962
$8,360
$8,778
$7,221
$7,s82
$7,962
$8,360
$8,778
$5,658
$s,940
$6,238
$6,550
$6,877
$39.6750
$41.6596
$43.7423
$45.9346
M8.2308
$50.6423
$s3.1692
$ss.8288
$58.6212
$61 .ss19
$41.6596
$43.7 423
$4s.9346
$48.2308
$50.6423
$41.6596
$43.7423
$45.9346
$48.2308
$s0.6423
$32.6423
$34.2692
$35.9885
$37.7885
$39.6750
$3,174.00
$3,332.77
$3,499.38
$3,674.77
$3,858.46
$4,051.38
$4,2s3.54
$4,466.31
$4,689.69
$4,924.15
$3,332.77
$3,499.38
$3,674.77
$3,858.46
fi,051.38
$3,332.77
$3,499.38
$3,674.77
$s,858.46
$4,051.38
$2,61 1.38
$2,741.54
$2,879.08
$3,023.08
$3,174.00
$1,855.85
$1,948.15
$2,046.46
$2,148.46
$2,25s.s4
$2,368.62
$2,486.77
$2,61 1.38
$2,741.54
Step 1
Step 2
Step 3
Step 4
Step 5
Step 1
Step 2
Step 3
Step 4
$4,021
$4,221
$4,434
$4,65s
$4,887
$5,132
$5,388
$s,6s8
$s,940
$23.1981
$24.3519
$25.5808
$26.85s8
$28.1942
$29.6077
$31.0846
$32.6423
$34.2692
7925 Water l/aintenance Worker, Senior NE
City of Vernon
Classification and Compensation Plan
Effective December 15, 2015
22 ol 22
$74,856 $35.9885 $2,879.08
REGEI\ ED
N0v 3 0 2015
CITY CLER('S OIFICE
RECEIVED
Nov 3 0 20t5
CITY ADMINISTRAT
STAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
DATE:
TO:
FROM:
December 15, 2015
Honorable Mayor and City Council
,/
Samuel Kevin Witsoril6irector of Public Works, Water and Development
Services
Scott B. Rigg, Public Works and Water Superintendent 5(
Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650,
Regular Cab XL (F6D) Dump Trucks, Contract No. Cs-0rts
RE:
Recommendation
A. Find that the Notice Inviting Bids to Fumish and Deliver Two New 2016 Ford F-650,
Regular Cab xL (F6D) Dump Trucks is exempr under the california Environmental
Quality Act C'CEQA) in accordance with CEeA Guidelines Section 15061(b)(3), the
general rule that CEQA only applies to projects thar may have an effect on the
environment; and
B. Approve the Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650,
Regular Cab XL (F6D) Dump Trucks.
Backsround
The Department of Public works, water and Development services (Department) spent
considerable time evaluating several different types of dump trucks available in this model year
that are compatible with the operational challenges encountered by the Department,s water and
Street Divisions. The 2016 Ford F-650 Dump Truck meets the Department's needs in terms of
safety, quality, performance, and standardization. The proposed trucks will replace Unit Nos.
5263 and w162. The subject units are 1983 models that are obsolete with many of the parts no
longer manufactured. The Dump Trucks will be assigned to the Water and Street Divisions of the
Department upon delivery.
Page I of 2
--
Fiscal Impact
Funds have been budgeted in the fiscal year 2015-2O16 budget under account numbers
0 I l. 1043.840000 and 020. 1 084.840000.
Attachment(s)
l. Notice Inviting Bids to Furnish and Deliver Two New 2016 Ford F-650, Regular cab XL
(F6D) Dump Trucks, Contract No. CS-06z15
Page 2 of 2
City of Vernon
CoNTRACT NO. CS-0645
FURNISH AND DETIVER
TWO NEW 2016 FORD F-650, REGUTAR CAB XL (F5Dl DUMP
TRUCKS
FOR THE
DEPARTMENT OF PUBUC WORKS, WATER AND
DEVETOPMENT SERVICES
TABLE OFCONTENTS
PAGE
SECTION NO. 1 . NOTICE INVITING BIDS 3
REQUIREMENTS AND INSTRUCTIONS TO
BIDDERS.......4
1.0 GENERAL INSTRUCTIONS 5l.l General Bid Requirements 5
1.2 Acceptance of Conditions 5
1.3 Truth and Accuracy of Representation 5
1.4 City Changes to the Bid Documents 5
1.5 Notice Regarding Disclosure of Contents of Documents 6
1.6 Award of Bid and Determination of Responsiveness 6
t.7 Error and Omissions 6
1.8 Taxes 7
2.0 SPECIAL CITY REQUIREMENTS 7
2.1 Living Wage Ordinance and Prevailing Wage Where Applicable l
2.2 Equal Employment Oppomrnity In Contracting l
2.3 Affidavit of Non-Collusion by Bidder 7
3.0 GENERAL SPECIFICATIONS 8
3.1 Evaluation of Bid 8
3.2 Award of Contract 8
3.3 Sample Purchase Order Contract 8
3.4 New and Unused Equipment Only 8
3.5 Exceptions and Exclusions 8
3.6 Liability Insurance 8
3.7 Vehicle Delivery 8
3.8 No third party 9
3.9 Liquidated Damages 9
SECTION NO. 2 - TECHNICAL SPECIFICATIONS 10
ATTACII TMENTS r3
I BIDDER'S CHECKLIST l4
2 SIGNATURE PAGE AND LEGAL STATUS l5
3 UNIT PRICE BID FORM t6
4 AFFIDAVIT OF NON.COLLUSION 17
5 SAMPLE PT]RCHASE ORDER CONTRACT r9
6 LIAB ILITY INSURANCE REQUIREMENTS 23
7 EXHIBIT A 24
8 EXHIBIT B 25
2
SECTION NO. T
NOTICE INVITING BIDS
To Furnish and Deliver
Two New 2016 Ford F-650, Regular Cab XL (F6D) Dump Trucks
Department of Public Works, Water and Development Services
Four (4) copies of sealed bids will be received prior to Thursday, January 7,2016,at2z0PIfr4
by the City Clerk,4305 Santa Fe Avenue, Vemon, CA 90058, and will be opened at that rime
and place.
The bids shall be clearly titled. Copies ofthe Bid Specifications may be obtained by mail, City of
Vemon Website or in person from the Department of Public Works, water and Development
Services,4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323) 583-881I Ext.259.
Refer to the specifications for complete details and bidding requirements. The specification and
this notice shall be considered a part of any contract made pursuant thereunder.
City of Vernon
Instructions for Bidders
Contract No. CS-0645
To Furnish and Deliver
Two New 2016 Ford F-650, Regular Cab XL (F6D) Dump Trucks
City personnel with whom prospective bidders wilt deal with are:
Scott B. Rigg, Department Public Works, Water and Development Services,4305 Santa Fe
Avenue, Vernon, CA 90058 - (323) 583-881 I Ext. 279
Mike DeFrank, Department of Public works, water and Development Services,4305 Santa Fe
Avenue, Vernon, CA 90058 - (323) 583-881 1 Ext. 268
Bid opening time is 2:fi) PM Thursday, January 7,2O16
Bids will be received and opened at the office of the city clerk,4305 Santa Fe Avenue, vemon,
cA 90058
The bid must be received by the city Clerk prior to rhe time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening shall nor be considered.
4
r.O GENERAL INSTRUCTIONS
l.l GENERAL BID REOUIREMENTS: To be considered, a bidder must follow rhe
format for bids in the specifications, as listed in the bidder's checklist. Bids must be
binding and firm. Any bids may be withdrawn before bid opening but not for 90 days
after opening.
1.2 ACCEPTANCE OFCONDITIONS: By submitting abid, each bidder expressly
agrees to and accept the following conditions:
1 .2.1 All parts of the Instructions to Bidders and Specifications wi become pan
of the Contract between the selected bidder and the City;
l -2.2 T"he City may require whatever evidence is deemed necessary rerative to
the bidder's financial stability and ability to perlorm this agreement in
full;
1.2.3 The City reserves the right to request further information from the bidder,
either in writing or orally, to establish any stated qualifications;
1.2.4 The City reserves the right to solelyjudge the bidder's representations,
and to solely determine whether the bidder is qualified to undertake the
requirements of the contract pursuant to the criteria set fonh herein. The
bidder, by submitting a bid, expressly acknowledges and agrees that the
judgment ofthe City as to whether or not rhe bidder is qualified to perform
the contract, shall be final, binding and conclusive;
1.2.5 The City reserves the right to reject all bids, waive any irregularity in any
of the bids, or cancel or delay performance of the contract at any time;
I .2.6 This bidding process does not coflrmit the City to award any contract, and
the City is not liable for any cost incurred by the bidder in the preparation
and submission of a bid.
TRUTH AND ACCURACY OF REPRESENTATION: False, incomplere or
unresponsive statements in connection with the bid may be suffrcient cause for rejection
of a bidder.
CITY cHANGES To rHE BID DOCUMENTS: The city reserves rhe righr to change
any part of these Instructions to Bidders and Specifications any time prior to the bid
opening. Any changes shall be in the form of addenda and will become a part of the bid
documents and of the contract. Addenda shall be made available to each bidder. Bidders
must return a signed acknowledgement ro receipr for each addendum with their bid. The
receipt acknowledgment of all addenda will cause the bid to be deemed incomplete and
1.3
t.4
1.5
nonresponsive. Ifthe City determines that a time extension is required for the bid, the
addenda will give the new submission date.
NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS: All bids
accepted by the City shall become the exclusive property of the City. Upon opening, all
bids accepted by the City shall become a matter of public records and shall be regarded
as public, with the exception of those elements ofeach bid which are identified by the
bidder as business or trade secrets any plainly marked as " trade secret," " confidential,"
or "proprietary." Each element of a bid which a bidder desires not to be considered a
public record must be clearly marked as set forth above, and any blanket statements
(i.e., regarding entire pages, documents, or other non-specific designations) shall not be
sufficient and shall not bind the City in any way whatsoever. Ifdisclosure is required
under the Califomia Public Records Act or otherwise by law (despite the bidder's
request for confidentiality), the City shall not in any way be liable or responsible for the
disclosure of any such records or part thereof.
AWARD OF BID AND DETERMINATION OF RESPONSIVENESS: A Purchase
Order Contract shall be awarded to the lowest responsive and responsible bidder(s) on
the unit price bid form. Responsiveness is determined based upon whether the proposal
meets all the requirements of the bid. In determining whether a bidder is responsible,
the following shall be considered:
1.6.1 The quality of the material or service offered;
1.6.2 The ability, capacity and skill of the bidder to perform the contracr or
provide the material or services;
1.6.3 Whether the bidder can perform the contract or provide the service
prompdy, or within the time specified, without delay or interference;
1.6.4 The sufficiency of the bidder's financial resources and the effect thereof
on his ability to perform the contract or provide the material or services;
1.6.5 The character, integrity, reputation, judgment, experience and efficiency
of the bidder;
1.6.6 The quality and timeliness of the bidder's performance, if any, on previous
orders or sales to the City;
1.6.7 Litigation by the bidder on previous orders or contracts with the City;
I .6.8 The ability of the bidder to provide future maintenance and service where
such maintenance and service is essential.
ERROR AND OMISSIONS: Bidders shall not be allowed ro take advantage of any
errors or omissions in the lnstructions to Bidders or Specifications. Full instructions will
6
1.6
1.7
be given if such error or omission is discovered and timely called to the attention of the
City.
1.8 TAXES: Price bid shall include all federal, state, loca], and other taxes.
There is a separate packet of forms as part of these specifications that a bidder must
complete or review in order to establish compliance with a number of special city of vernon
requirements. These include, but not limited to, Signature page,l*gal Status, and
Acknowledgement of Addenda, Unit price Bid Form, Affidavit of Non Collusion, Sample
Purchase order Contract, and Liability Insurance Requirements. These forms and their
instructions should be considered an integral part of the specifications and failure to
complete them shall be grounds, in the sole discretion of the City, for rejections of any
bidder.
2.1
Bidder, or its subcontractor, ifany, working on City service contracts of any amount, as
to all employees spending time on City contracts shall observe the City,s Living Wage
ordinance and all requirements thereof at alr times on City contracts. The Current
Living Wage Standards are set forth in Exhibit ..A,,, attached hereto and by this
reference incorporated herein. Upon request, certified payrol shall be provided to the
City.
represents that during the performance of this Contract, it and any other parties with
whom it may subcontract shall adhere to equal employment oppomrnity practices to
assure that applicants, employees and recipients ofservice are treated equally and are
not discriminated against because of their race, religion, coror, national origin, ancestry,
disability, sex, age, medical condition, sexuar orientadon or marital status. Bidder
funher certifies that it will not maintain any segregated facilities. Bidder further agrees
to comply with rhe Equal Emproyment opportunity practices provisions as set forth in
Exhibit "B," attached hereto and by this reference incorporated herein.
Bidder certifies and
The City requires that each bidder
execures and submits to the city wirh the Bid, the Affidavit of Non-collusion included
in Attachment No. 4.
7
3.0 GENERAL SPECIFICATIONS:
EVALUATION OF BID: In comparing bids, the lowest bidder is determined based
upon lowest unit price. The City of Vemon reserves the right to reject any or all bids or
any part thereof, and to waive any minor technicalities from the specifications. The
contract award will be made from among responsive and responsible bidders meeting
the scope specification requirements set forth in Section No. 2 "Specifications".
AWARD OF CONTRACT: Evaluation of the bid will be based on the competitive
bidding process. A contract will be awarded to the lowest responsive and responsible
bidder on the Unit Price Bid Form included in Attachment No. 3.
SAMPLE PURCHASE ORDER CONTRACT: A sample of the purchase order
contract the successful bidder(s) will be required to enter into with the City contract
included in Attachment No. 5 and by this reference incorporated herein and made pan
of these specifications. The term for any contract shall extend from the date of
execution by the City until the completion of the delivery of the cables specified herein.
NEW AND UNUSED VEHICLES ONLY: Vehicle components and all associated
equipment furnished pursuant to the contract shall be new and unused.
EXCEPIIONS AND EXCLUSIONS: No exceptions and exclusions are permifted.
The successful bidder shall discuss and resolve all questions with a city representative
prior to bid opening. Any attachment ofexceptions, exclusions or clarifications to the
Bid Proposal will be deemed non-responsive.
LIABILITY INSURANCE: Proof of insurance is not required to be submitted with
your bid, but will be required prior to the City's award of the contract. A copy of the
standard insurance is included in Attachment No. 6.
VEHICLE DELIVERY: Supplier shall fumish and deliver two new 2016 F-650,
Regular Cab XL (F6D) Dump Trucks. A delivery date not exceeding 30 calendar day
from date of purchase is required.
City of Vernon
Department Public works, Water and Development Services
4305 Santa Fe Avenue
Vernon CA, 90O58
Phone: (323) 583-88 I I Exl2'79
8
3.1
3.2
-r. -1
3.6
3.7
3.4
3.5
Attention: Scott B. Rigg - Public Works and Water Superintendent
3.8 NO THIRD PARTIES: Nothing under the contract shall be construed to give any rights
or benefits to anyone other than the City and Bidder, and all duties and responsibilities
under the contract shall be for the sole and exclusive benefit of the City and Bidder and
not for the benefit of any other party.
3.9 LIOUIDATED DAMAGES: The failure of the bidder to deliver the vehicles as specified
herein within the time allowed will result in damages being sustained by the City. Such
damages are, and will continue to be impracticable and extremely difFrcult to determine.
For each consecutive calendar day in excess of the time specified for delivery of the
articles or the articles so delivered do not meet the specifications in the Contract, or
both, the bidder shall pay to the City, or have withheld from monies due the bidder, the
sum of two hundred dollars ($200.0O). The specifred time for delivery or failure to meet
the specifications ofthe Contract, or both, will be determined by the City. Execution of
the Contract under these specifications shall constitute agreement by the City and
bidder that two hundred dollars ($200.00) per day is the minimum value of the costs
and acoal damage caused by failure of the bidder to perform the duties and obligations
within the allotted time and in the amounts and quality specified, that such sum is
liquidated damages and shall not be construed as a penalty, and that such sum may be
deducted from payments due the bidder, if such delay or failure to provide the materials
or supplies to the specifications of the Contract, occurs.
SECTION NO.2
TECHNICAL SPECIFICATIONS CONTRACT NO. CS.O645
TO FURNISH AND DELIVER
TWO NEW 2016 F-6$, REGULAR CAB XL (F6D) DUMP TRUCKS
CITYOFVERNON
DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
10
2016 Ford F650 Reqular Cab (F6D)
Equipment Package 600A.
6.7L Power Stroke V8 Turbo Diesel - 27O HP @ 24OO
RPM, 675 lb-ft Torque @ 1600 RPM
Ford TorqShitt HD 6-Speed Automatic - Double Overdrive including
Transmission Power Take-Off Provision VliveDrive
Capability
Wheels, Front 22.5x7.5 White Powder Coated Steel, 10-
Hole
Tires, Front Two 11R22.5G Goodyear G661 HSA (496
rev/mile)
Wheels, Rear 22.5x7.5 White Powder Coated Steel, 10-
Hole
Tires, Rear Four 11R22.5G Goodyear G661 HSA (496
rev/mile)
Air Brakes - Straight Truck MTraction Control
Air Dryer, Bendix AD/lP dHeater
Brake Chamber Spring Relocated
8,500 lb. Cap. Non-Driving - Dana D-850F
Taper-Leaf Springs, Parabolic - 8,500 lb. Cap
17,500 lb. Single-Speed - Dana S17-140
Multi-Leaf Springs - 19,000 lb. Cap
Lube, Rear Axle, Emcard 75W-90, Synthetic Oil
6. 14 Axle Ratio
182' Wheelbase/'l08' CAZo' AF/291 ' OAL
Single Channel - Straight 'C' 12.64 SM, 50,0@ PSI
Bumper, Front - Full Width, Chrome Plated Steel
Chrome Grille Surround
Under Cab, Right Side Outlet, Switchback-SMe
Fuel Tank - LH 65 Gallon Bectangular - Aluminum
10 Gal. Single Tank Fuel Fill trom factory.
220 Amp Denso SC6 Altemator
Jump Start Stud - Remote Mounted
Battery - Two 9OO CCA, 1800 Total, lncludes Steel Battery
Box
Roof Marker/Clearance Lights
Back-Up Alarm - Electric, 102 dBA
Voltmeter
11
30n0 Air Ride Driver (Externat Air Source) & Fixed 2_Passenger Bench - Steel Gray Vinyl
Preferred Equipment package 6004
1 10 A,/C Ouflet - in Lower Canter Finish panet
SV\C Media System
Power Windows, Air-conditioning
Radio, Electronic premium AIVUFM Stereo, Disc
Hom, Air - Black, Single Trumpet
Mirrors, Duat - Rectangular, XL2O2O - 96. Width
Paint Type - Environmentafly Friendty, .O - Wet System.
COV Bequired
Oxrord White
6-8 Yard Dump
64 Yard Dunp Bocty
-Rugby
-17 Ton
-tn cab
-Side Height 24'
-Tailgate Height 34'12 Cab Shield
-Sprca&r 4rrcn, D@t Chute
-3/4 Steel Plate
-7 Way Flat Et%Iicat S@kd
-Pinfle Hitch with (2) Dnngs
-(1 ) Undebed T@l 8bx
24-w x l8'h x 18'd
-Manual Pult Tary
-{4) Slbvel Hotdes @ each side ol dunp bd
Lighting Pkg
4t]' Over Cab Low ptolite Led Light Bat
-(4) Comet St/obe Lighg
Vehicle Manuals: taro manuajs for gach unit.
1,2
ATTACHMENTS
L Attachment No. I - Bidders Checklist
2' Attachment No' 2 - Signature p age,r*gar Status, and Acknowledgement of Addenda
3. Attachment No. 3 - Unit Price Bid Form
4. Attachment No. 4 - Affidavit of Non-Collusion
5. Attachment No. 5 - Sample purchase Order Contract
6. Anachment No. 6 - Liability Insurance Requirements
7. Exhibit A - Living Wage Standards
8. Exhibit B - Equal Employment Oppornrnity practices
13
ATTACHMENTNO. 1
BIDDER'S CHECKLIST
The following list is provided to assist bidders to eliminate errors and omissions which may
render your bid unacceptable.
DOCT]MENTS TO INCLI,]DE :
Bid packages must include the following completed documents:
o Signature Page and t egal Starus Form
o Unit Price Bid Form
o Affidavit of Non-Collusion by Bidder Form
HOW TO SUBMIT THE BIDS:
/ Bids must be signed and submitted in TRIpLICATE. Bidder must submit bids in an
ORIGINAL AND TWO COPIES.
r' All bids shall be enclosed in sealed envelopes, distinctly marked ..Bid" with the title of
the bid and the bidder's name address appearing on the outside.
r' Bids should be addressed to:
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
TIMING TO SUBMIT AND OPEN BIDS
The City clerk musthave received the bids by 2:00 p.m., on the day listed in the Notice Inviting
Bids. The City strongly recommends that bidders either hand deliver or mail well before that
time and date to ensure that it is timely received.
At the time of rhe bid package opening, the City Clerk will open the bid packages and
acknowledge the receipt of unit price Bid Form from Manufacturer/supplier. once all bid
packages are opened, and the bids announced, the unit price Bid Forms will be made available
for public review.
74
ATTACHMENT NO.2
SIGNATURE PAGE AND LEGAL STATUS
The undersigned certifies that he/she is an officiar legaly authorized to bind his/her firmand to enter into a contract should the City accept thi's bid.
Bid by
(Name of Firm)
I€gal status of bidder: please check the appropriate box
Corporation/LlC Stateoflncorporation
Partnership List Partners (attach additional sheets if necessary)
DBA State full name DBA
Other Explain
Signature of Bidder
Address
Title
Telephone No. ( )
Signed this _ day of
(Authorized Signarure)
City State _ Zp
2015
ADDENDUM NO. BIDDER'S INMIALS
l.
2.
3.
15
ATTACIIMENTNO.3
UNIT PRICE BID FORM
TO FURNISH AND DELIVER TWO NEW 2016 FORD F.650, REGULAR CAB XL
(F6D) DUMP TRUCKS
FOR THE DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT
SERVICES
IIm{TUTAL PRICE(INCLTFNT
OFALLTA}CS,DELIVMY
CIIARC,ES,OPIIOISAND
ANYOIHM,CGISTOTtM
crl$
TWO NE]W 2016 rcRD F650, REG[jIAR CAB )(L (F6D)
DUMP TRUCKS AS SPEC]FIED.
$
15
ATTACHMENT NO.4
STATEOFCALTFORNTA lss
COUNTY OF LOS ANGELES}
beingfirst duly swom deposes and says that he/she is
(Insert "Sole Owner", "Partner", ..president", ..Secretary", or other
proper title)
of
(Insert name of bidder)
who submits herewith to the City or Vernon a proposal;
That aII statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person,partnership, company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference withanyone attempted to induce action prejudicial to the interest of the City of vemon, or of aryother bidder or anyone else interested in the p nsed conrract; and further
That prior ro the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or soricit anyone else to subm.it a false or sham proposar;
b. Did not directly or indirectly, colrude, conspire, connive or agree with anyone erse that said
bidder or anyone else would submit a farse or sham proposal, or that anyone shourd refiain from
bidding or withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or
conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to
raise of fix any overhead profit or cost erement of this proposal price, or of that of anyone else;
t7
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereoi or the
contents thereof, or divulge information or data relative thereto, to nay corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vernon, or to any person or persons who
have a partnership or other financial interest with bidder in his business.
I certify under penalty of perjury that the above information is correct
Title:
By:
18
ATTACHEMENT NO.5
TERMS AND CONDITIONS OF PUR.CHASE ORDEWCONTRACT - CITY OFVERNON
by Contractor,
Any change in
Arcceptance by
l. contractor agrees to -fumish. the materials or services described in the purchase
urder/contract to which this is anached a d subject ro all terms and conditioni oi thePurchase Order/Contract, this Attachment to the "Purchase Oraerlcontriii ana
-ill-other
attachments hereto.
2. Contractor agrees to submit all invoices in duplicate to the address indicated on the purchase
Order/Contract.
3. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax.
4. Contractor agre^es to. sh_ow on all invoices ent to which soods orservrces were turnished. and whether the or panial defiveiy orperformance, the Purchase Order/Contract n castidiscount.
5. contractor agrees to prepay transportation charges and show them separately on all invoices.
6. contractor agrees to show applicable sales or use ti,. as separate items on all invoices.
7' Title to all materials firrnished under the Purchase Order/Contract shall pass to the Ciry upondetivery ard toadins o[ merchandise at the F.o.B. poini aeiign"6A-i; ii;; -pu'.chur.
Order/e ontract.
8. Any item ordered on the face hereof that is listed in the Safety Orders of the CalifomiaDivision of Industrial Safety shall tuly compry with itre t"G.t id"ii.iJ *qri..r-.riJ o'i.uiaSafety Orders.
9. All goods, materials and equipment ordered shall, except as otherwise noted in this contract,
be delivered in a new and unused condition.
10. All. automotive^egyipqrelt delivered ro the city shall meet all requiremenrs of the latestrevrsron or the calltornia vehicle Code and ofthe Federa.l Depanment of rransportation.
The City will notify conrracror ofany patent defect. such notice w l be given in writing, if
19
12. of rhe purc
insurance. vide
the duratio s of
entitle the h of
14. Contractor shall not nrerform work shall not commence work orcause materials to bd delivered toidDd;;;,i iJ.l""iiiiilli r.. * "d in writing bv the Head or
16. Contractor shalr obtain a City^B.usiness License under the terms and conditions of vernonCi ty Code, Secti ons 5. 20, and'fol lowi n g. ;ir;-.;;il1;;4."'
17. Contractor herebv reoresen_ts. waurants and certifies that no officer or employee o[ theContracror is a direcr6r. .mci,. o, ",nproyli ;T ,#tii; "i ViI;i: ; "';!;,#; ;i _yboards, comm i ssi on or commi ttee., eii6pi io ir,i'e;;ipd; in.,i
-dy
i ;*. -
,t
lll:,9,,9..:I*:,ijjh:1,,:g,i:dl,::,_g1,tp.:::l!1liyes.,shal have access to and the right to
i*ll"ll1ff::f:Xf,l:1*,9:l.y,l"^,:#i;:ei4lL;";h"q'!tiJii'ff"ii,')i,iy#i""::."*HlJ 13
duurr arq reproouce anv ot the L_ontractor,s records to the extent the City aeems recliiEiv i6
lH:f"l: l:,:l::lX;1i.:::-"t,:-:ll,[',_,x;iid#;il,;+;i",,t*i?_iarijiii.p-""vi,ie ,ri!rllsurc lr ts recetvtng aI money to which itiunounts to which Contractor is properly ei{nounrs [o wnrch ( onrracror is properry entiled to under the
"ont u.t oii- od,;i;.;;'.;;;relating to the contract. The Cdntrhctor strall .ri"tri.l#'-.."."*o ,u c,,^h --^^:r^..^- ^shall maintain and preserve at ir"ti ii"oiA.'fo.-"
S,,:""q^:tl l",T,.l^r1ar; a[e1 ;rrJ ti.- i""ti., bl'tf{ilr#."il#' i,""ffi ."Hii H:fi#'"fislch records in the'city or vi'non. ii ili, ril^-a;;i.1; rIrE Y s,uut slr., ma nuun arr
A;ii;;;h';;;.i'i',"'irli E'itiorv"-on or ieimburseiiile,,'li.li Irf.:J:H?i: IiSTffll
costs incurred in conducting. the audit at a location other than the City of Vernon, including,
but.not limited to. such adilitional (out of the City) expenses for perionnel, sa.laries. privaie
auditors. travel, lodging, meals and overhead.
19. It is unders
be, and is,
fi:mish suc
Funher, Contractor has and shall retain
lovees are not entitled
but not Iimited to, sick
tem benefits, or health,
benefits.
20. In case of conflict between the terms of this contract and the terms of anv other document
which.is a pan of this transaction, the terms of this Purchase Order/Coniract shall strictly
prevail.
21. nder with out the prior
sole discretion. Anv
I consdrute a materidl
this contracl.
22- Time is strictly of the essence of this contract and each and every covenant, term ald
provision hereof.
23. term, condition, breach or default of this contract shall not be
f any other term, condition, default of breach, not of a subsequent
nance, Vemon City and
labor or services to s ln
s of California Labo and
wages on public works, and related
Wage provisions and Prevailing Wage
ay the higher of the applicable wages to
25. The City reserves the right to cancel any portion of this Purchase Order/Contract at any time
prior to the delivery of Goods and Services.
26. This Purchase Order/Contract shall be governed and construed according to the laws of the
Srate of Califomia.
27. This Purchase Order/Contract, including any Exhibits attached hereto, constitures the entire
agreement and understanding between the parties regarding its subject matter and supersedes
all prior or contemporaneous negotiations, representations, understandings, correspondence,
documentation and agreements (written or oral).
28. Additional terms (All additional terms and conditions must be approved as to form by the
City Attorney in writing).
22
ATTACHMENTNO.6
LIABILITY INSURANCE REOUIREMENTS
Please refer to the insurance requirements listed below. We suggest that you provide
your insurance broker/agent with a copy of these requirements and request that they
provide certificates of lnsurance complete with copies of all the required endorsements.
1. Certificate of lnsurance for Automobile Liability wrth coverage as indicated:r $'100,000/$300,000/$50,000 if written on a personat automobile liability form, for
using a personal vehicle; oro $500,000 including owned, hired, and non-owned liability coverage if written on a
Gommercial automobile liability form.
2, Certificate of lnsurance for Workers Compensation with coverage as indicated:. $1,000,000 per accident; or. Provide a "waive/ form certifying that no employees subject to the Labor Code's
Workers' Compensation provision will be used in performance of Contract; oro Provide a copy of permissive self-insurance certificate approved by the State of
California
3. Gertificate of lnsurance for General Liability with coverage as indicated.. Minimum limits of at least $1,000,000 combined single limits written on an
Insurance Services Office (lSO) Comprehensive General Liability "occurrence"
form or ils equivalent for coverage on an occurrence basis. Premises/Operations
and Personal lnjury coverage is required.
4, Additional lnsured State Political or Subdivision Endorsement:o Endorsement must include reference to the General Liability Policy Number and
the lnsured as they appear on the Certificate. Blanket endorsements are also
acceptable-. The City of Vernon, its director, commissioners, officers, employees, agents and
volunteers must be endorsed on the policy as additional insureds as respects
liability arising out of the Contractor's performance.
*ff employing other controctors os port of the services rendered, Controctor,s protective
coveroge is required. All subcontroctors moy be included os insured under controctors own
policy or the Controctor sholl furnish proof of seporote insuronce for each subcontroctor,
meeting the requirements set forth hetein.
23
Exhibit A
LIVING WAGE STAI{DARDS
Minimum Livins Wages:
Article XVtrI of Chapter 2 of vernon's Municipar code (Section 2.r3r et seq.) reqrires
employers to pay a wage ofno less than "ten dollars and thirty cents ($10.30) per hour with
health benefits, or if health benefits are not provided, then eleven dollars and fifty-five cents
($l1.55) per hour."
Paid and Unnaid Davs Off:
Employers must provide qualifying employees at leasr twelve (12) compensated days offper
year for sick leave, vacation, or personar necessity. Employers shall also permit employees to
take an additional ten (10) days a year of uncompensated time for sick leave for the illness of the
employee or a member of his or her immediate family where the employee has exhausted his or
her compensated days off for that year.
Retaliation Pmhibited:
No employer may discriminate against any employee for compraining to the City regarding the
employer's compliance or anticipated compliance with the city's Living wage ordinance, for
demanding compliance with the Living wage ordinance, or for otherwise asserting rights under
the Living Wage Ordinance.
Enforcement:
Employees may bring an action in Superior Court against an employer for back pay, treble
damages for willful violations, and attomey's fees, or to comper city officials to terminate the
service contract of violating employers.
24
Exhibit B
EQUAL EMPLOYMENT OPPORTUNITY PRACTICES
A. Contractor certifies and represents that, during the performance of this Agreement, the
Contractor and each subcontractor shall adhere to equal opportunity employment
practices to assure that applicants and employees are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry,
disability, sex, age, marital status, medical condition, sexual orientation or any other
protected class status. Contractor further certifies that it will not maintain any segregated
facilities.
B. Contractor agrees that it shall, in all solicitations or advertisement for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment
without regard to race, religion, color, national origin, ancestry, disability, sex, age,
marital status, medical condition, or sexual orientation or any other protected class status.
C. Contractor agre€s that it shall, if requested to do so by the City, certify that it has not, in
the performance of this Agreement, discriminated against applicants or employees
because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City
through its awarding authority, provide copies of all of Contractors records pertaining to
the practices subject to this policy, even if the material may be otherwise confidential or
privileged except as prohibited by law.
E. Nothing contained in this Agreement shall be constructed in any manner as to require or
permit any act which is prohibited by law.
25
R IVED
DEC 0 8 2015
CIIY CTERl{'S OFFICE
RECEIVED
DEC 07 2015
CITY ADMINISTRATION
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT
DEPARTMENT
DATE:
TO:
APPROVED BY:
RE:
December 15, 2015
Honorable Mayor and City Council
sr*\&
Samuel Kevin Wilson, Directol of Public Works, Water &
Development Services
Approval of an Agreement with Bel Air Soto, LLC. for the
construction of a Cul de Sac on Seville Avenue
RECOMMENDATION
A. Approve a Construction Management and Reimbursement agreement between the City of
Vernon and Bel Air Soto, LLC and the City of Vemon.
B. Find that the proposed action is categorically exempt liom Califomia Environmental
Quality Act ("CEQA") review, in accordance with CEQA Guidelines g 15301, because
the project consists ofthe maintenance, repair or minor alteration ofan existing roadway
and involves negligible expansion ofan existing use.
BACKGROUNI)
The City of Vemon is proposing to yacate a portion ofSeville Avenue from Leonis Blvd. to the
south side of former 5 Off Street. The sfieet is being vacated to enhance security at the Malburg
Generating Station. This street vacation will result in a dead end road way being created at 50s
Street. The roadway is currently 40 feet in width and vehicular traffic, especially truck traffic,
will have a difficult time tuming around at the dead end. Staff is recommending that a cul de sac
be constructed at the end ofthe roadway to enhance the ability ofvehicles to tum around within
the public right of way without having to enter onto private Foperty. The proposed cul de sac is
depicted in the drawing attached as exhibit "A" and will provide a turning radius of 37.5 feet.
The property located at 5001 Soto Street is currently undeveloped. The west side ofthis site
adjoins Seville Avenue where the cul de sac is proposed to be constructed. Bel Air Soto, LLC is
the current owner of the site and has expressed an interest in developing the property with a new
129,000 square foot building on the property. As part of the development the property owner has
agreed to dedicate to the City approximately 3,337 square feet of land and construct the cul de
sac as part ofthe development. Exhibit "B" reflects the cunent development proposal ofthe site.
In retum Bel Air Soto LLC is requesting that the City fund the cost of construction of the cul de
sac improvement and perform utility relocations. Given that the City is closing the roadway to
enhance the securiry ofthe power plant, which in tum requires the construction ofthe cul de sac
and the dedication of a large portion ofBel Air Soto LLC's land, the request for the City to firnd
the improvements is reasonable. It therefore recommended that the City enter into a
Construction Management and Reimbursement Agreement where in Bel Air Soto LLC agrees to
dedicate land to the City for the construction ofthe cul de sac and the City agrees to fund the
construction cost of the cul de sac improvements.
FISCAL IMPACT
As part of the Construction Management and Reimbursement Agreement Bel Air Soto LLC will
be dedicating approximately 3,237 square feet of property ofthe City. Based on a value of land
of $38.50 per square foot the value ofland to be dedicated to the City is $124,624. The City, per
the agreement, has agreed to fund the cost of the construction of the cul de sac which is
estimated at $ 100,000. In addition, the City will be required to relocate a fire hydrant, power
pole and gas valve at its cost. Since the vacating of Seville Avenue is being done at the request
of the Vemon Gas and Electric Department, the cost of the cul de sac will be funded by the Gas
and Electric Department, which has advised that it has sufficient funds in its 055.8200.900000
account for the improvements.
ATTACHMENTS
1. Exhibit "A" Cul De Sac depiction
2. Exhibit "B" Proposed development
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R CEIVED
DEC 0 I 2015
CITY CLERK'S OFIICE
RECEIVED
DEC 0I 20t5
CITY ADMINISTRATIO
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
December 15, 2015
Honorable Mayor and City Councit
Samuel Kevin Wilson, Director of Public Works, Water and Development
Services Department tA _..-.-
Originator: Vincent Rodriguez, Public Works project Coordinator I lV'
Bid Award for City Contract No. CS-0584: Ciflwide Street Sweeping
Services
RE
Recommendation
A. Find that the award of the proposed Capital Improvement Project for the Citywide Sheet
Sweeping Services is categorically exempt under the Califomia Environmentally QualityAct (CEQA) in accordance \ /ith CEQA Guidelines Section 15301, Existing Facilitiei,
part (c), existing highways and streets, because the project consists of maintenance
(sweeping) ofthe existing curbs and gutters; and
B. Accept the bid proposal from Webco LB LLC as the lowest responsive and responsible
bidder and enter into contract, not to exceed $ 336,396.00 for the citywide street
Sweeping services Project, ciqv contract No. cS-0584 for a term of three years, and to
reject all other bids. Further authorize a contingency of $ 23,604.00 in the event of an
unexpected changed condition (emergency sweeps) in the project and grant authority to
the city Administrator to issue a change order for an amount up to the contingency
amount.
Background
This contract will provide frequent and regularly scheduled sweeping services for all curb and
gutter segments ofpublic streets and alleys withia the city's jurisdiction. street sweeping
services will be provided through clean air motorized sweeping vehicles. In addition,ihis
contract will include sweeping services prior to and after any special events, as well as 24-hour
emergency sweeping services upon a two (2) hour telephone notificalion.
steet sweeping is an effective method oftrash control measure that reduces paper, leaves, and
other visible debris on the streets improving aesthetics and general cleanlinesi ofth" City. this
Page I of2
debris can enter and block storm drain facilities potentially creating localized ponding during
storm events. ln addition, street sweeping serves as one of the City's Best Management
Practices (BMP) to control and improve water quality as part of the Regional Municipal Permit
obtain from the State water Quality control Board by reducing sediments that may contain
pollutants such as hearry metals and other hazardous waste produces, which can have water
quality impacts when washed down storm drains.
The Department utilized the template Notice Inviting Bids, Bid Form and Project Specifications,
Instructions to Bidders and Specifications and Contract approved by City Council on May 3,
2015 under the competitive Bidding and Purchasing ordinance, Article IV of chapter 2, Section
2.17.34. On October 2, 2015, the City Attomey approved as to form the specifications and on
October 13, 2015, the City Administrator authorized the advertisement of the Notice Inviting
Sealed, Competitive Bids for the Citywide Street Sweeping Services Contmct' The Notice
Inviting Bids was posted on the city's website and published in the vemon Sun newspaper and
in addition it was also advertised in the following construction related websites: Bid Americ4
eBidboard Construction Contract Advertising, McGraw-Hill Construction, and Reed Business.
The bids for Contract No. CS-0584, Citywide Street Sweeping Services, were received and
opened on November 18, 2015. The calculated results were as follows:
1 Webco LB LLC
2. CleanStreet
3. Athens Services
4. Nationwide Environmental Services
$ 336,396.00
$ 382,512.00
s 4s7,338.12
$ 511,718.76
Fiscal Impact
This is a three year contract. The work will commence on January 1,2016. The first six months
ofthe contract has been budgeted under the approved FYl5-16 Public Works, Water and
Development Services Department's Street Operation Account No. 590000 - Repairs &
Maintenance. The remaining balance of the contract will be incorporated in future budgets for
the appropriate amount in each fiscal year.
Attachment(s)
Contract Agreement No. CS-0584
Page 2 of 2
STANDARD FORM OF
CONSTRUCTION CONTMCT BETWEEN
CITYAND CONTMCTOR
This Agreement is made and entered into at Vemon, Califomia this _ day of ,20 _,by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City') and Webco LB LLC, dba
Webm Sweeping (hereinafrer 'Contractor"), for Cifiide Street Sweeping Services, Contract No. CS-0584..
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS
The 'Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the
following documents which are either attached hereto as exhibils or are inmrporated into this Agreement by this
reference, with the same force and effect as if set forth al length herein:
A. Govemmental Approvals including, but not limited to, permits required for the Work;
B. This Agreement; inclusive of Exhibit A (General Conditions), Exhibit B (Special Provisions), Exhibit C
(Living Wage Provisions), Exhibit D (Equal Employment Opportunity Practices Provisions), and all
Attachments and Sub'Exhibits thereto;
C. Notice lnviting Bids;
D. lnstructions to Bidders;
E. Bid Forms;
F. Designation of Subcontractors; and
G. Bidding Addenda Nos. !.
2. SECTION INTENSIONALLY OMITTED
3. SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the
Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials;
tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental
Approvals; temporary ulilities; utility connections; and lransportatlon necessary to complete the Work in strict
conformity with the Contract Documents for:
CONTRACT 1
Citywide Street Sweeping Services
Contract No. C5-0584
4. TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substanlial Completion of the Work within 1.095 calendar days
from the Date of Commencement established in City's written Notice to Proceed ('Contract Time'), subject to
adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work,
within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may
only be adjusled as permitted by this Construction Contracl and the General Conditlons.
Time is of the essence of this Agreement. Except when the Conlract Documents state otheruise, time is
of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth
in the Contract Documents are reasonable for Contractor to perform and complete the Wok.
Liquidated Damages. lf Contractor fails to achieve Subslantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liquidated damaoes the amount of five
hundred dollars ($500) per day for each calendar day occurring after the expiration of the Contract Time for
Substantral Completion untrl Contractor achieves Substantial Completion of the entire Work, as required by Article 3
of the General Conditions of Contract.
Contractor lnitial here:
5. CONTMCT SUM
In consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by the
Conkact Documents, City shall pay Contractor the sum of three hundred and thirty six thousand, three hundred and
ninety six dollars/no cents ($336,396.00), payable as set forth in the General Conditions ('Contract Sum').
lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at California.
CONTMCT 2
IContracto/s Corporate Seal]
CITY OF VERNON:
[Contractor].
By:
An Authorized Signatory
Printed Name:
Title:
Date:
APPROVED AS TO FORM:
By:By:
Name:Name:
Title:Tirte:
Date:
ATTEST
By:
-
CONTMCTOR'S SIGNATURE MUST BE NOTARIZE
CONTRACT 3
EXHIBIT A
GENERAL CONDITIONS
1.(lI DEFINITIONS
The following words shall have the following meanings:
A. Allowance. A line item cost estimate established by the City to be canied in the Base Bid sum,
Contract Sum, and Schedule of Values for Payment for a partcular item of Work, which cannot be
sufficiently defined so as to allow the Cont-actor to adequately determine fair value before the Bid
Deadline. Allowances include estimated amounb established by the City for certain construction
elements that have not yet been fully designed or auhorized for inclusion in tfre Work or to permit
defened approval or selection of actual materials and equipment to a later date when additional
information is available for evaluation.
B. As'Builts. The documents prepared by Contractor showing the mndition of the Work as actually
built, including, without limitation, all changes and he exact locations of all mechanical, electrical,
plumbing, HVAC or other pottions of the Work thal are shown diagrammatically in the Contract
Documenh.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work
described in the Contract Documents as the base Contract Work (e.g. not designated as part of a
Bid Altemate).
D. Bid. A complete and popedy executed offer by fre Bidder on City-prescribed foms to perform the
Work for the prices stated in response to the Notice lnviting Bids.
E. Bid Altemate. An item of Work described in the Contract Documents as an Altemate Bid that will
be added to or deducled from the Base Bid and the Contracto/s responsibility only if the City
accepb the Bid Altemate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid.
The Bid Forms include: (1) Bidder,s proposat; (2) Schedute of Bid prices; (3) tncumbency
Certificate; (4) Bid Bond; (5) Biddeis Statement of Qualifications; (6) Experience Form; (7) Tnade!
Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10)
Affidavit of Non-Collusion; (1'l) lnsurance Requirements Affidavit; and (12) forms included in the
Specification required by the type of project funding (e.g. federal, ARM, HUD, etc.).
G. Bidder' The individual, parhership, firm, mrporation, joint venture or other legal entity submitting a
bid on these Contrdct Documenb or any part thereol
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the poposed
Confact Documenls. The Bidding Requiremenb consist of: (1) Notice lnviting Bids; (2) lnstuctions
to Bidders; and (3) Bid Forms. The poposed Contract Documenb consiit of: (1) the B1lding
Requiremerb; (2) the Constuction Contract Beh,\€en City and Contacto[ (3) the Conditions of the
Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Cont'act; (5) he
Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Constuction
ARTICLE 1
N.
0.
Contract; (8) all Modifications issued after the execution of the Consfuction Contract; and (9)
Govemmental Approvals, if any, including but not limited to, permits.
Change Order. A Change order is a written document prepared by the City reflecting the
agreement between the City and Contractor for: a change in the terms or conditions of the
Contract, if any; a specific Scope Change in the Work; the amount of he adjustment, if any, in the
Contract Sum; and the extent of the adjusfnent, if any, in the Contract Time,
Change Order Request (COR). A Change Order Request is a wntten document originated by the
contractor, which describes an instruction issued by the city after the effective date oi the
Contract, which Contractor believes to be a scope change that may result in changes to the
contract Sum or contract rime or, whrch describes the need for or desirability of a change in the
Work proposed by Contractor.
Ci$ or owner. The City of Vemon, Catifomia, acting frrough its City Council or otrer City offcials
authorized to act for the city, acting in its proprietary rather than regulatcry capacity in connection
with the Poject.
construclion change Directive. A written order prepared and signed by fre city directing a change
in Work prior to agreement on ad.iustrnent, if any, in the Contract Sum or Contract Time, or both.
contract Documents. The contract Documents are enumerated in the construction contract
between City and Contractor and consist of: (1) he Bidding REuirements; (2) the Consfuction
Confad; (3) he Conditions oftre Contract (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the contract; (5) tre Drawings; (6) the specifications; (7) all Addenda issued prior to tfre
execution of the contract; (8) all Modifcations issued after the execution of the contract; and (g)
Govemmental Appovals, including, but not limited to, permits. The intent of the Contraci
Documents is to include all items necessary for the proper execution and completion of the work
by the Contractor. The Contract Documents are complementary, and what is required by one shall
be as binding as if required by all; performance by the contractor shall be required lo the extent
consistent with the contract Documents and reasonably inferable from them as being necessary to
produce the indicated results.
contract rhe contract Documents form the contract for construction. The contract Represenb
the entre and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a Modifcation. The contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the owner and the contractor.
There shall be no thid party beneficiaries of he Contract Documenb.
contract sum. The total amount of compensation stated in the construction contract that is
payable to contractor for the complete performance of the work in accordance with the contract
Documents.
contract Time. The total number of days set forth in the construction contact within which
substantial completon of the work must be achieved beginning with the Date of commencement
established in he Notice to Proceed, subject to adjustments in accordance with the terms of the
contract Documents. The contract rime for contracto/s performance of the work is measured in
calendar days (not work days).
P,
ARTICLE 1
T
Contractor. The individual, partnership, firm, mrporation, joint venture or other legal entity with
whom the Contract is made by City, or the agent or legal representative who may be appointed to
represent such individual, partnership, firm, mrporation, joint ventuE or other legal entity in the
execution of the Confrct as general contractor for mnstruction of the Work.
Conection Period. Conection Period is synonymous with the terms of the mnection guarantee
period used in he Contract Documenb.
Date of Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to Contractor.
Day. The terms "day" or "days'mean calendar days unless otherwise specifically designated in
the Contract Documents- The term'Work Day'or'Working Da/ shall mean any calendar day
except Saturdays, Sundays and City-recognized legal holidays.
Director. The Director of the Public Works, Water & Development Services of he City of Vemon or
his/her duly appointed representative.
Drawings. The Drawings are the graphic and pictorial portions of the Contract Documenls showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable Irom, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor lo incur additional
and unforeseen costs.
Field Direc{ive. See, 'Work Directive.'
Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, br.rt not limited to, corcction or completion of all
punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to Cig an
Application for Final Payment and all closeout documentation required by the Contract Documenb;
and (3) documentation of all final Govemmental Approvals has been submifted to City including,
but not limited to a final Cenmcate of Occupancy or equivalent Building Department sign-off has
been issued covering the entire Project site without exception or conditions.
Force Majeure. 'Force Majeure' includes but is not limited to declared or undeclared war, sabotage,
insunection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acb of God.
Fragnet. The sequence of new activities that are poposed to be added to an existing schedule.
Govemmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in order for Contractor to perform be Wo*.
Guarantee. Assurance to City by Contractor or product manufacturer or otrer specifed party, as
guarantor, that the specifed wananty will be futlllled by the guarantor in he event ol default by the
wan-antor,
ARTICLE 1
GC-3
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Modification. A Modification is: ('1) a wriften amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive.
Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.
Parties. The City and Contractor may be refened to in the Contract Documents from time to time
as the Parties.
Permib. Govemmental Approvals and Utility Fees as required by any agency.
Secton lntentionally Omitted.
Prolect. The Project is the total construction of which the Work performed under he Contract
Documenb may be the whole or a part and which may include construction by the City or by
separate contractors.
Project Manual/Contrac{ Package. The volumes of Conhact Documenb and reference documenb
assembled for the Work made available to Bidders.
Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modifications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documenb shall include a set of 'As-Built" Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work.
The physical arca designated in the Contract Documents for Contracto/s performance of the
Specifications. The Specifications are the volume(s) assembled for the Work that includes,
without limitation, the Eidding Documents, the Construction Contract and Exhibits, the General
Conditions, Supplementary and/or Special Conditions, if any, the 'GREENBOOK' STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition), the Standard Ptans
for Public Works Construction (2009 Edition), State of Califomia, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City of Vemon Standard
Plans,
Specifications. The Specifications are that portion of the Contract Documenb consisting ol the
written requirements for matenals, equipment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association
Specifications.
Substantial Completion. Substantial Completion is delined to mean the stage in the prcgress of
the Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work for its intended use and as
further defined in the Contract Documents.
Unilateral Change Order. See "Work Directive.'
JJ
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Work.
MM
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00
PP.
ART CLE 1
GC4
1.02
QO. tltility Fees. The fees charged by any public, pnvate, cooperative, municipal and/or govemment line,
facility or system used for the caniage, t'ansmission and/or distibution of cable television, electic
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to fees fortemporary utilities and refuse hauling.
RR. Warranty. Assunance to City by conhactor, installer, supplier, manufacfurer or other party
responsible as wanantor, for the quantity, quality, performance and other representations of a
product, system service of the Work.
SS. Work. The term "Work" means the construction and other services required by, and reasonably
inferable from the Contract Documenb, whether completed or partially mmpleted, and includes all
other labor, materials, equipment, and services provided or to be provided by the Contractor to
fulfill the Contractot's obligations. The Work may constitute the whole or a part of the Project.
TT. Work Directiye. A Work Directive is a unilateral written order issued by tre City directing
Contractor to continue performance of the Work or to perform a disputed change in the Work prior
to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both.
REPRESENTATIVES
A. The Director shall be the representative of the City and, except as otheruise expressly povided
herein, shall make all decisions and interpretations to be made by he City under the provisions of the
Confact Documents.
B. The Confactor shall at all times be represented on the Work in person or by a duly designated agent.
lnstructons and information given by the Director to he Contracto/s agent on tfre Work shall be
considered as having been given to the Conhactor.
PERMITS. INSPECTIONS. PLAN CHECKS. AND SIMII.AR GOVERNMENTAL APPROVALS AND
UTILITIES
A. City of Vemon shall obtain all Govemmental Appovals and Utility Fees required for the mnstruction
of the project.
B. Contractor shall obtain a nefee encroachment permit from tre City of Vemon's Public Work, Water
and Developmenl Services Department.
C. All documenb evidencing Contmctois satisfaction with all Govemmental Approvals and Utility Fees
must be submitted to the City prior to submission of tre Application for Final Payment.
D. Where requiremenb of he Govemmental Appovals difbr fiom those of the Drawings and
Specifications, the more stringent rcquirements shall apply.
LICENSES
The Contractor shall apply for, obtain, and pay for all licenses required by goveming auttrorities for tre Wo*.
Contractor shall apply and pay for a City of Vemon business license.
ALLOWANCES
1.03
1.04
'1.05
ARTICLE 1
GC-5
A
B.
C.
Contractor shall include in the Confact Sum and Schedule of Values for Payment, the City's
estimated cost established for each Work item covered by an Allowance stated in the Contract
Documents. See Paragraph 1.01 for definition ofAllowance.
The line item mst estmate established by the City for Work covered by an Allowance includes the
cost to Contractor of: all materials and Euipment, preparation of submittals; laboc transportaton;
delivery; handling; installation; supervision; overhead; pofit; licenses; bonds; insurance; all sales, use
and other taxes legally chargeable; and all other costs and expenses incidental to such Work.
Work items mveEd by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City's appoval of material
equipment, and pricing informatron for Work covered by an Allowance before ordering the material or
equipment and in suffcient tme to avoid delay to the Work. City shall provide appoval of materials,
Euipment, and prices with reasonable promptness. The material, Euipment, and pricing information
submitted by the Contractor to the City's Poject Manager shall, at a minimum, include product data
and detailed cosb of material, equipment, and labor to complete such Work, itemized by cosb
incuned by Conhactor and each subcontractor associated with the performance of such Work.
Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until
the matenal, Euipment, and pricing information for such Work items have been submitted to the
City's Poject Representative for review and the Contractor has received City's approval to proceed
with a Work item mvered by an Allowance.
All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
To the extent that the cost of Work rtems mvered by an Allowance is less than the Allowance cost
estrmate established by the City, the Contact Sum shall be reduced by Change order or Construction
Change Directive to reflect the actual mst of the Allowance item. Similariy, to the e(ent the cost of
Work items mvered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual mst of the
Allowance item. lf Work items covered by an Allowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change order or Construction
Change Directive to deduct the Cost ofthe unus€d Allowance item.
WAIVER
A waiver by City of any breach of any term, mvenant, or conditon contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any oher term, covenant, or condition
contained therein, whether ofthe same or a drfferent character.
DATATO BE FURNISHED BYTHE CONTRACTOR
The Contractor shall fumish tre Director with such information as he Director may desire respecting the
character of the materials and the progress and manner of he Work, including all information necessary to
determine the Conhactor's msb, such as the number of persons employed, their pay, tre time during which
they worked on the various classes of mnstruction, and other pertinent data.
CONTMCTDMWNGS
The City will accept no responsibility for enors resufting from misinterpretation or scaling ofhe Drawings.
ARTICLE 1
GC$
D.
E.
1.06
1.07
1.08
I.(}9 SPECIFICATIONS AND DRAWNGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Ordes pertaining to the Work and shall at all trmes give the Director access thereto. Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be of like efiect as though shown or mentioned in both.B. ln general, $e Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be the same as similar parts that are detailed, marked or specified.C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
fgures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,' must be brought to the Directois attention before pmceeding with the Work
affected by the discrepancy.D, Omissions from the Drawings and/or Specifications shall not relieve the Contractor ftom the
responsibility of fumishing, making, or installing all items required by law or code, or usually
fumished, made or installed in a project of the smpe and general character indicated by the Drawings
and Specifications.E. For convenience, the Drawings and Specifications may be ananged in various hade subparagraphs,
but such segregation shall not be considered as limibng the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract anangements of the Work regardless of the
location or provision in the Drawings and Specifications.F. The City will fumish ftee of charge to the Contractor, a maximum of six (6) seb of Contract Drawings
and Specffications. The Conhactor shall pay for the msts of any additional seb or portions thereof.
The Contractor shall be responsible to see that all seb are the same as the uFto{ate approved set.
1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A. ln the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the befter
quality or greater quantity of Work and/or materials unless othenvise directed by City in writing. ln
the event none of the Contract Documents place a more stringent requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the document wih higher
precedence in accordance with the following order of precedence:
1. Govemmental Approvals including, but not limited to, permib required forthe Work2. Modilications issued affer execution of the Contract (including modifications to Drawings
and Specifications)3. The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over eariier Addendar. Special Conditions, if any5. General Conditions6. Specifications7. Drawings8. Bidding Requirements
B. With reference to the Drawings, the order of precedence is as follows:1. Change Order Drawings2. Addenda Drawings3. Contract Drawings4. Project Drawings5. Standard Drawings
ARTICLE 1
GC-7
6. Detail Drawings7. General Drawings8. Figures9. Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:
1. Change Orders2. Special Conditions3. ProjectTechnicalSpecifications4. Standard Specifications, if any5. ApplicableTradeAssociationSpecifications
1.11 NOTTCE OF CONFLTCTS
lf the Contractor, in the course of the Work, becomes aware of any claimed conflicb, enors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate mntractors, the Contractor shall
immediately notify the Director in writing. The Director shall promptly review the mafter, and if the Director
flnds a conflict, enor or omission, the Director shall determine the conective actions and advise the
Contractor acmrdingly. lf the corection associated with a conflict, enor or omission increases or decreases
the amount of Work called for in tfre Contract, the City shall issue an appropriate Change order in
accordance with the Contract Documents. After discovery of an enor or omission by the Contractor, any
related additional work performed by the Contractor shall be done at the Contracto/s risk unless authorized
by the Director.
1.12 REPORTS
A. Daily Construction Reports: The Contractor shall prepare a daily mnstruction report recording the
following information conceming events at Project site:
1. List of Subcontractors at Project site.2. List of other contractors at Project site.3. Approximate munt of personnel at Project site.4. Equipment at Project site.5. Material deliveries.6. High and low temperatures and general weather conditions, including presence of rain or
snow.7, Accidents.8. Meetings and signilicant decisions.L Unusualevenb.10. Stoppages, delays, shortages, and losses.11. Meter readings and similar recordings.12. Emergencyprocedures.13. Orders and requests of authorities having jurisdiction.
14. Change Orders received and implemented,15. Construction Change Direclives received and implemented.16. Services connected and disconnected.17. Equipment or system tests and startups.18. Partial mmpletions and occupancies.19. SubstantialCompletionsauthorized.20. List of visitors to Project Site.21. List of personnel at Pmject Site including names and job classifications.22. Description of Work for the day including locations, quantities and related bid rtems.
ARTICLE,l
GC-8
lmmediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Request for lnformation (RFI). lnclude a
detailed description of the differing conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contracto/s Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to otrers as directed by Cig.
1.13 LINES, GRADES. AND MEASUREMENTS
A. All lines and grades will be esbblished by the Contractor. The Conhactors shall carefully preserve all
survey stakes and reference poinb as far as possible. Should any stakes or poinb be removed or
destroyed unnecessarily by any act of the Contractor or his/irer employees, they must be reset to the
satisfacton of he Director, at the Contracto/s expense.
B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and
places at which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inmnvenience.
C. No direct payment will be made for ttre cost to the Contractor of any of the Work or delay occasioned
by giving lines and grades, by making other necessary measuremenb, or by inspection.
1,14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.
B. The City will provide the apprcpriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for wo*ing space and for storage of equipment and
materials. The Contractor will be held responsible for any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result from his/her use of Crty property
C. ln case areas addftional to those available on the City's rights of way or popery are required by the
Contractor for hisiher operations, he/she shall make anangements with he property omers foi tre
use of such addrtonal areas at his/her own expense.
1.15 CONTRACTOR'SOPEMTIONS/STORAGEYARD
ln the event the Contractor requires space for the storage and/or staging of construction materials, supplies,
equipment, stockpiling of debris, or any oher needs required for mnstuction operations, he/she shall acquire
at his/her own expense such areas as he/she may desire. For properties within the City of Vemon, the staging
area must be enclosed at Contracto/s expense wih mnstructon fencing covered wih a mesh screen to limit
visibility to the site. Private property used for storage of consfuction material or debris shall be restored to a
legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be
graded and fue of weeds and debris when project is completed.
ARTICLE 1
GC-9
IEND 0F ARICLEI
ARTICLE 2.PERFORMANCE OF THE WORK
PERFORMANCE OF WORK. GEI{ERAI.
Contractor shall, at its own cost and expense, fumish all necessary materials, labor, t-ansportation, and
Euipment for doing and perlorming said Work and the matenals used shall comply with the requiremenb of
the Contract Documents. All Woft shall be performed and completed as required in tfre Conhact Documenb,
and subject to the approval of the Director, or hiyher designated assistant.
NO ASSIGI.IMENT OR DELEGATION
Contsactor shall not assign or delegate the duties or obligations under this Contract or his/her interest fErein in
whole or in part wthout the prior mitten consent of he City which may be withheld at the City's sole discreton.
STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be pmvided in a manner commensurate with the
highest professional standards and shall be performed by qualified and expenenced personnel; that any Work
performed by Contractor under he Confact will be performed in the best manner; that any material fumished
shall be subject to the approval of the Directof and tfrat botr Work and materials will meet fully the
requirements of the Contracl Documents. Any work deemed unacceptable by the Diector, whether a cause is
determined or not shall be repaired or replaced by Contractor at Contmcto/s expense.
The Contractor shall be responsible for the final product and shall make any quality control, adjustrnenb and
conections necessary to obtain the final product accepted by the City Engineer, The Contractor shall
perform pocess and quality control sampling and testing and exercise management mntrol the work of
his/her submntractors, technicians and workers to ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to these Specifcations. The pmficiency of testing laboratories
and sampling and testing pesonnel shall be reviewed and approved by the City Engineer prior to providing
services to the project, The City Engineer shall have unrestncted access to the laboratory, sampling, testing
sites, and all information resulting ftom mix design and quality contol activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
DEFECTIVE WORK
Wftin the time periods that he City specifes, the Contractor shall mnect all deficient, impropedy executed, or
unsatisfactory Work determined by the City.
The Conhactor shall remove and shall repair or replace, at his/her own expense any pa( of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. lf he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance of the Work, it may be replaced by the City at he expense of the Conhactor, plus 15% for
overhead expenses, and his/her sureties shall b€ liable therefor. (See Paragraph 2.15 for curing defects after
acceptance of the Work.)
ARTICLE 2
GC-10
2.05 CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, il the Contractor defautts, fails to perform Work
required by the Contract Documenb, or otheMise neglects to carry out the Work in accordance with
he Contract Documents and fails within a rl8 hour period after receipt of written notice fom the City
to commence and conecl such default, failure to perform, or neglect with diligence and promptness,
he City, at ib sole discretion and witrout obligation, may, with its own or outside forces, perform the
Work Contractor has failed to perform and/or replace or mnect deficiencies in the Work. ln such
case, a Change Order or Construction Change Directive shall be issued deducting ftom payments
hen or thereafrer due to he Contractor the cost of completion, replacement or corection of such
deficiencies, including mmpensation for additional services by the City's project managernent staff,
the Architect, and their respective consultants made necessary by such default, failure to perform, or
neglect, plus 15% for City's overhead expenses. lf paymenb then or thereafter due he Contractor
are nol sufficient to cover such amounts, the Contractor shall pay the difference to the City
immediately. This remedy is cumulative.
B. The City also has the right, but not the obligation, to self-perform or have outside forces perform
portions of the Work prcviously assigned to Conhactor. ln such case a Change Order or
Construction Change Directive shall be issued, reducing he Contract Sum by the Unit Price(s)
applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflecE the
reasonable mst of performing such deleted Work and the Allowable Mark-Up applicable to such
deleted Work.
COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in wnting and (a) delivered personally, (b) sent by
certified mail, retum receipt requested, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All corespondence with Contractor shall be sent to he followrng address:
Attention:
Phone:
Facsimile:
All communications shall be mpied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additional persons as may be directed by City's Director,
Public Works, Water & Development Services Depa(ment
4305 Santa Fe Avenue
Vemon, CA 90058
ARTICLE 2
GC-11
Attention:Vince Rodriguez
Phone:
Facsimile:
E-mail: vrodriguez@ci.vernon.ca.us
Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, pnvate camer or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of
the fax must have been received before 4:00 p.m,). Any technical or other communications
pertaining to the Work shall be conducted by Contracto/s Project Manager and technical
representatives designated by City. Contracto/s representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
conceming the Work.
Contractor shall copy City on all written conespondence pertaining to the Contract between
Contractor and any PeGon oher than Contracto/s Subcontraclors, consultants and attomeys.
Notifcation of Affected Residents/Businesses - The Contractor shall be responsible for distribution
of the general information letter of the project to all affected residents and businesses. A project
general information letter and sufficient copies thereof will be prepared by City staff for Contmctor
distribution to all residents, business establishments, and institutions fronting on or directly affected
by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the
appropriate residences and buildings in the subject area. Distributon shall be accomplished in a
manner acceptable to the City Engineer and shall be live (5) working days prior to the beginning of
construction operations in the immediate vicinig, ln addition to the above, the Contractor shall be
fully responsible for such other notifcations as may be required related to necessary closures of
streets, alleys, driveways, etc., or lo unavoidable access or parking restrictions. These notifications
shall apply where the closures and access or parking restrictions required in the performance of any
work under this contract preclude any resident, tenant, or property owner fiom utilizing the premises
or conducting business thereon in a reasonable and cuslomary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.
lf a Contractor is unable to adhere to his schedule as indicated on his witten notification, then all the
affected residents and places of business shall be re-notified of the revised schedule, in wnting, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in he appropriate
items of the Bid Proposal.
Notification of Utilities - The provisions of Section 5 entitled "Utilities' of the "Greenbook' Standard
Specilications shall apply. The Contractor shall contact the Underground Service Alert of Southem
Califomia (U.S.A.) at least two working days in advance of the construction work
ARTICLE 2
GC-12
2.07
2.08
INDEPENDENT CONTRACTOR
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, orjoint venture of the City.
EMERGENCYWORK
During Wo*ing Hours:
ln case of an emergency which hreatens loss or injury of poperty, and/or safety of life during working
hours, the Contsactor shall act, wthout previous instructions from the City, as he sifuation may
wanant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Confactor, together wih substantiating documenb in
regard to expense, shall be submitted to the Director within '15 calendar days after the emergency.
Compensation, il allowed, will be paid for as Extra Work.
Oubide of Wo*ing Hours:
Whenever, in he opinion of he City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which hreatens loss or injury of poperty, or danger to public
safety, the Contractor shall act, wittlout previous instructions from the City as he situation may
wanant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work. ln the event the Conhactor is not able to
respond to an emergency outside of regular wo*ing hours, the City's forces will handle such
emergency Work. lf such emergency arises out of or is the result of opentions by the Contractor, tle
cost of he conective measures will be billed to he Contractor and deducted from his/her payment as
provided in the Contract Documents. The performance of emergency Work by Crty forces will not
relieve the Contractor of any of his/her responsibilities, obligatrons, or liabilities under the Contract.
2.09 SUBCONTRACTORS
Each subcontract shall mntain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contnact and all parts thereof shall be made part of each subcontract
insofar as applicable to the Wo* covered thereby. lf, in the Directo/s opinion, he Subcontractor fails
to mmply with the requirements of the principal Contract insofar as the same may be applicable to
t|e Subcontracto/s Work, tE Director may disqualify the Subcontractor,
Nohing mntained in these Contract Documents shall be construed as creatng any contractual
relationship between any Subcontractor and the Cfty.
The Contractor shall be mnsidered the employer of the Subcontractors and shall be fully responsible
to the City for the acts and omissions of Subcontractors and of persons employed by them as the
Contractor is for the acb and omissions of persons directly employed by him/irer.
The Confactor shall be responsible for the coordination of he t'ades, Subcontractors, and material
suppliers engaged upon the Work. lt shall be he Contracto/s duty to see that all of his/her
Subcontractors commence their Work at the poper time and carry it on with due diligence so trat
they do not delay or injure either the Work or materials; and that all damage caused by them or their
workeB is made good at his/her expense.
ARTICLE 2
GC-13
A.
B.
B
L
D
E. The City will not undertake to setfle differences between the Conb-actor and hidher Subconfactors or
between subconfactors.
F. The Contractor shall utilize fie services of specialty Subcontractors, wihout additional expense to the
City, on hose parts of the Work which are specified to be perfomed by specialty mntractoB.
2.'IO USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT
A. Whenever in the opinion of the Director any Work under he Contract, or any podon(s) trereof, is in a
mndition suitable for use by he City, he City may, after written notice and designation from the
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into
service) any portion(s) designated by tre Director.
B. The use of any ponion(s) by he City shall not be construed as, and will not constitute acceptance in
any sense, of any podon(s) of the Work of tre Contractor nor will such use trigger the running of any
wananty and/or guarantee periods.
C. All necessary repairs, renewals, changes, or modffications in be Work or any pofton thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the opeE ions of
the Conhactor, or any other cause, shall be made at he expense of the Contractor.
D. The use of any portion(s) by he City shall not relieve he Contractor of any of his/trer responsibilities
or liabilities under the Conbact nor constitute a waiver by the City of any of the conditions thereof.
Said use shall not cancel liquidated damages as of the fint date of use, or any mntinuance thereol
nor impair, reduce, or change the amount of liquidated damages.
2.'11 COOPERATION WITH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of iE oum
forces or other mntractors.
B. Oher mntractors, other utilities and public agencies or their mntractors, other City contractors, and
City personnel may be working in he vicinity during the project construction period. There may be
some interfercnce between these activities and the Work under he Contract Documenb. The
Contractor shall cooperate and coordinate his/her Work with trat of other Work forces to assure
timely Contract mmpletion.
2.12 AGREEMENTS WTH PROPERTY OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any
other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her
information. All stoftUe charges shall be at the Contractor's sole expense.
2.'13 PROTECTION OF PROPERTY
All public and private pmperty, pavement or improvement, shall be safely guarded ftom damage or loss in
connection with this Conbact by the Confactor at all times. Should any facilrty, strucfure, or property be
damaged during opeft ions of the Cont-actor, he/she shall immediately notify tfre property owners or
authorities. All damages and losses incuned shall be paid by the Contractor.
ARTICLE 2
GC-14
2,14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A Risk of Loss
Except as otheMise provided in the Confact Documenb and except as to the mst of repair or
rcstoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or Irom any unforeseen
obstuctions or diffculties which may b€ encountered, or fom any encumbEmces on the line of the
Work, or because the nature of the ground in or on which the Work is done is difierent fiom what is
assumed. The Contractor shall bear the risk for any City Euipment, material, or supplies wih which
he/she has been entrusted.
B. Mderials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafrer povided and in the
event of his/her failure to carry out said responsibilties, the same may be canied out by the City at the
expense of the Contractor
1 . The Contractor shall be responsible for any materials so fumished and for the care of all
Work until ib completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work.
2. The Contractor shall protect City facilitles from damage resulting from his/her Work. City
facilities damaged by, or as a result ol the Contracto/s Wo* under this Contract shall be
repaired or replaced, as directed by the Director, at the Conhacto/s expense.
3. The Contractor shall remove fiom he vicinity of he completed Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during mnstruction. lf Contractor fails to mmpletely remove such items within a
reasonable time the City may do so at he Contractods expense.
C. Laws and Regulations
1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the materials used in the Work, or in any way affecting
the conduct of the Work, and of all court ordeB and decrees having any jurisdiction or
authority over the same. lf any discrepancy or inconsistency should be discovercd in this
Contract, or in the Drawings or Specifcations herein refercd to, in relation to any such law,
ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to
the Director.
2. Contractor shall, at all limes, cause all his/her agenb and employees to observe and comply witl
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
become effective before FinalCompletjon of this Contract.
3. Nothing in he Contsact Documents shall be construed to permit Work not conforming to such
laws, ordinances, and regulations. lf the Contractor ascertains at any time that any requirement
of this Contract is at variance with such applicable law requirement, he/she shall immediately
notify the Director.
ARTICLE 2
GC-'15
2.15
4. If such applicable law Equirement was not in effect on tre date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. lf such
applicable law requirement was in effect on said date of bid submission, no adjustnent of
Contract price will be mnsidered.
5, The contactor, at his/her own expense, shall pay all taxes poperly assessed against his/lrer
equipment, materials, or property used or required in connecton with the Work.
WARRANTY AND CORRECTIONS
A Wananty1. Wafianfu. The Contractor wanants to the City that: (i) materials and Euipment fumished
under the Contract will be of good quality and new unless ofpnrise required or permitted by
the Contract Documents; (ii) the Work wrll be of good quality and free ftom defects; (iii) the
Work will mnform to the requirements of the Contract Documenb; and (iv) Contractor will
deliver the Project ftee of stop notice claims. Work not mnforming to these requiremenb,
including substitutions not accepted by the Crty, will be deemed defective. The Contracto/s
wananty excludes improper or insuffcient maintenance, improper opera0on, or normal wear
and tear and normal usage, lf required by the City, ttre Contractor shall fumish satisfactory
evidence as to the kind and quality of matenals and equipment. This wananty is not limited
by the mnection obligation of Paragraph 2.M herein.
2. Oveflap. Where any wananties provided underthe Contract Documents overlap, mnflict, or
are duplicatve, ConFactor will be bound by the more stringent requirements.
3. Procurement atd Asshnment of Wamnties: Contractor shall obtain in the name of Cig, or
transfer or assign to City or City's designee prior to the time of Final Completion of the Work,
any and all wananties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Confactor obtained from any other person or entity other
than Contractor including, but not limited to, Subcontmctors and manufacturers, and further
agrees to perbrm the Work in such a manner so as to preserve any and all such wanantes.
Conhactor shall secure written wananties lmm all Subcontractoc. Contractor and ils
Subcontractors shall offer any wananty upgrades or extensions that are offured by
manufacturers of any Euipment or system installed in the Work to the City. Contractor shall
deliver to City all wananty and guarantee documents and policies.
4. Suruival of Wananties: The provisions of this paragraph 2.15 will survive Contracto/s
completion of the Work or termination of Contracto/s performance of the Work.
B, Conec{ion of Wo*
1. Before or Afler Final Comoletion The Contractor shall promptly conect Work rejected by
the City or City's designee, as failing to conform to the requirements of the Contract
Documents, whether discovered before or afrer Final Completion and whether or not
fabricated, installed, or completed. Costs of conecting such rejected Work, including
additional testing, inspections, and compensation for the City,s services and expenses
made necessary thereby, will be at the Contracto/s expense within the Contract Price.
2. After Final Completion.
ARTICLE 2
GC.16
2.16
(a) ln addition to the Contractods wananty obligations under paragraph 2.15_A, if,
within one (1) year after the date of Final Completion of the Work or within the
time period established by any applicable special wananty required by the
Contract Documents, any of the Work is found to be not in acmrdance with the
requirements of the Contract Documents, the Contractor shall commence
coreclion or replacement of such Work within forty-eight (48) hours after receipt
of written notice from the Cily to do so. The Contractor shall perform such
conective work without charge or cost to the City afrer Final Completion of the
Work. The Cig shall give such notice prompfly after discovery of the condition.
(b) lf the Contractor fails to commence conection or replacement of non-conforming
Work within forty€ight (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced at the expense of the Contractor
and its Performance Bond surety, plus fifteen percent (15%) for the City's
overhead and administrative expense. The City may charge such costs against
any payment due Contractor. lf, in the opinion of he City, defective work creates
a dangerous or hazardous condition or requires immediate conection or attention
to prevent further loss to he City or to prevent interuption of operations of the
City, the City may take immediate action, give notice, make such conection, or
provide such attention and the cost of such corection or attention will be charged
against the Contractor. Such action by the City will not rclieve the Contractor of
the wananties provided in this Article or elsewhere in the Contract Documents.
3. Reolacement ot Removal of Defective or l)natrthoized Wort. The Contractor shall
remove from the Site and replace lhose portions of the Work which are not in accordance
with the requirements of the Contract Documents in a manner acceptable to and as
ordered by the Director. No compensation shall be allowed for such removal or
replacement, Director shall have authority to cause defuctive work to be remedied,
removed or replaced and to deduct the cosb from monies due or to become due to the
Contractor.
4. Destruction or Damaoe. ln the event the Contractor destroys or damages any
construction of the City or another contractor while conectng or removing Work which is
not in accordance with the requirements of these Contract Documents, the Contractor
shall bear the cost of repairing or reconstructing that other construction as well.
5. No Limitation Nothing contained in Paragraph 2.15-8 will be conslrued to establish a
period of limitation with respect to other obligations which the Contractor might have
under the Contract Documents. Establishment of the on+year p€riod for corection of
Work as described in Paragraph 2.15-8 relates only to the specific obligation of the
Contractor lo conect the Work, and has no relationship to the limitations periods
established by statute for any construction defect or other causes of action.
CLEANING AND ENVIRONMENTAL CONTROLS
The Confactor, Subcontractors and employees shall comply with all lrtter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following:
A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly mndition;
and Remove waste materials, debris and rubbish from site and dispose off-site legally.
ARTICLE 2
GC-'l7
B. The Contsactor shall maintain at his/her disposal any and all Euipment necessary to prevent and
remediate any sanitary sewer overflow arising out of the Work. The Contractor shall fumish and
operate a self-loading motor sweeper with spray nozles, as directed by the Dircctor, to maintain he
affected areas in a mndition of cleanliness acceptable to be City at all locations afiected by the
Contsacto/s operatons. For purposes of this Paragraph, the afiected areas include the project Site
as v'rell as all haul routes to and fiom the project Site and all areas of construction and Estoration
which have not been completed.
C. The Conhactor shall take appropriate action to ensure that no dust originates fiom the project Site.
D. Any equipment or vehicles driven and/or operated within or adjacent to a sfeet gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials hat
if introduced to water could be deleterious to aquatic life.
E. No debris, soil, silt, sand, bark, tEsh, saudust, rubbish, cement or concrete or washings thereol oil or
petroleum producb or otEr organic or earthen material from any mnstruclion, or associated activity
or whatever nature shall b€ allowed to enter into or placed where same may be washed by rainfallor
runoff into waters of the State. When operations are mmpleted, any excess matedals or debris shall
be removed from the Work area.
2,17 WATER POLLUTION CONTROL
A. The Contractor shall meet all applicable City of Vemon, state and federal clean water laws, rules
and regulations including but not limited to all conditions set forth in the Vemon Municipal Code
Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency
activities including, but not limited to storm andior sanitary sewer system inspection and repair,
street sweeping, trash pick-up and disposal, and street and nght-of-way construction and repair are
required to implement and maintain the activity specific Best Management Practices (BMPS) listed
in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System
(NPDES) requirements. Contractor shall not discharge any water containing trash, debris,
pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon
any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor
shall describe its methods for preventing NPDES violations during sweeping operations within the
City. ln addition, Contractor shall comply with all NPDES requirements at its maintenance facilities,
storage yards and company facilities. Failure to comply with this section may result in termination
for cause by the City of any contract resulting from this solicitation.
ARTICLE 2
GC,18
Table 2.1. BMPs for Public &ency Facilities and Activities
General and Activity Specific BMPs
General BMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/Septic Waste Manaqement
Matenal Use
Safer Alternative Products
Vehicle/Equipmenl Cleaning, Fueling and Maintenance
lllicit Connection Detection, Reporting and Removal
lllegal Spill Discharge Control
lvlaintenance fqcility Housekeeping Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealing
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement
Grinding and Paving
Emergency Pothole Repairs
Sealing Operations
Rigid Pavement
Portland Cement Crack and Joint Sealing
Muqjacking and Drilling
Concrete Slab and Spall Repair
Slope/Drains/Vegetation
Shoulder Grading
Nonlandscaped Chemical Vegetation Control
Nonlandscaped l\/lechanical Vegetation ControliMowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
Fence Repair
Drainage Ditch and Channel Maintenance
Drain and Culvert l\rlaintenance
Curb and Sidewalk Repair
Litter/ Debris/ Graffi ti
Strrceping Operations
Litter and Debris Removal
Emergency Response and Cleanup Practices
Graffiti Removal
Landscaping
Chemical Vegetation Control
Manual Vegetation Control
Landscaped l\,lechanical Vegetation Control/ Mowing
Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
lnigation Line Repairs
lnigation (Watering), Potable and Nonpotable
Environmental
Storm Drain Stenciling
Roadside Slope lnspection
Roadside Stabilization
Stormwater Treatment Devices
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasting, Wet Blast with Sand lnjection and Hydroblasting
Painting
Bridge Repairs
Other Structures
Pump Station Cleaning
Tube and Tunnel Maintenance and Repair
Tow Truck Operations
Toll Booth Lane Scrubbing Operations
Eleckical Sawcutting for Loop lnstallation
ARTICLE 2
GC-19
Traffic Guidance
Thermoplastic Striping and Marking
Paint Striping and Marking
Raised/ Recessed Pavement Marker Application and Removal
Sign Repair and lvlaintenance
Median Barder and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair
Management and Support
Building and Grounds Maintenance
Storage of Hazardous Materials (Working Stock)
Material Storage Control (Hazardous Waste)
outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Control
The Contractor may self+ertify that the following training was completed on an annual basis
poviding they certify they have received all applicable training:
. The Contractor shall train all of their employees in targeted positions (whose interactions,
jobs, and activities affect stormwater quality) on the requirements of the overall
stormwater management program.
. When the Work includes the use or have the potential to use pesticides or fertilizers, the
Contractor shall lrain all of their employees (whether or not they normally apply pesticides
or fertilizers as part of their work). Training programs shall address:
1) The potential for pesticiderelated surface water toxicity
2) Proper use, handling, and disposal of pesticides
3) Least toxic methods of pest prevention and control, including lntegnated Pest
l\ilanagemenl
4) Reduction of pesticide use
B. Water Quality Protection REuirements for Construction Projecb with Less than One (1)Acre of
Disturbed Soil.
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutanb to the Maximum Extent Practicable (MEP) to
meet the minimum water quality protection requiremenb and implement all applicable set of BMPS
as defined inTable 2-2.
ARTICLE 2
GC-20
Iable2-2
Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects
Category Minimum Requirements BMPs
1. Sediment Control Sediments generated on the poect site shall be retained
using adequate Treatrnent Control or Structural BMPs.
Sediment Controls
Non-Stormwater
Management, Waste
Management and
Materials Pollution
Control
Construction-related materials, wastes, spills or residues
shall be retained at the project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff.
Non-storm water runoff frDm equipment and vehicle washing
and anv other activity shall be contained at the proiect sites,
Non-Stormwater
Management; and
Waste lVlanagement
3. Erosion Control Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled dunng the wet season;
inspecting graded areas dunng rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Controls
Please refer to the Califomia Stormwater Quality Association's Construclion Handbook (available on their website:
www.cabmohandbooks.com) for further information regarding the BMPs listed inlable 2-2.
(Exhibit 2).
C. Water Quality Protection Requiremenb for Construction Projects with One (1) Acre (or
greater) of Disturbed Soil. ln addition to the minimum BMPS required in Paragraphs A and B, all
construction projects where at least one (1) acre of soil will be disturbed, construction activity that
results in land surface disturbances of less than one acre if the activity is part of a larger common
plan of development, or the sale of one or more acres of disturbed land surface requires a
Construction Activities Storm Water General Permit (2009-0009-DWQ Permit).
Prior to commencement of construclion activities, the Permrt Registration Documents (PRDs) must
be submitted electronically in the Storm Water Multi-Application Report Tracking System
(SMARTS) ( ). PRDs consist of
the Notice of lntent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm
Water Pollution Prevention Plan (SWPPP), a signed cenifrcation statement by the Legally
Responsible Peson (LRP), and the first annual fee.See: I more
information. A Waste Discharger ldentification (WDID) will be emailed to the LRP after tre PRDs
have been submitted and are deemed mmplete. Construction activities cannot begin until a WDID
is issued by the State Water Resources Contml Board. Contractor shall bear the msts ol any
delays to the Project caused by a delay in obtaining its WDID.
ARTICLE 2
GC-21
D.
The SWPPP shall include:
'1 . The name, location, penod of construction, and a brie, description of the project;
2. Contact information for the owner and contractor;
3. The building permit number for the project;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the proiect site;
6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
7. A site plan (mnstruction plans may be used) indicating the selection of BMPs and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPS necessary to prevent the
discharge;L A maintenance and self-inspection schedule of the BMPS to determine the effectiveness
and necessary repairs of the BMPS; and
'10. A certification statement that all required and selected BMPs will be effectively
implemented.
Witrin seven (7) days afrer tre City awalds the Contract, the Contsactor shall submit seven (7) mpies
of he proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of
the plan. lf revisions are required, the Contractor shall revise and resubmit the document within
seven (7) days of its receipt of the City's commenb. The City shall then have seven (7) days to
considerthe revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Regional Water Quality Control Boald (LARWOCB) or the U.S. Envimnmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the
City
B€st Management Practices
The ob.iective of the SWPPP is to identify potental sources of pollution that may reasonably affect
the quality ol storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce poliutanb in the storm water discharges from the mnstruction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development,
and Construction Volumes (www.cabmohandbooks.com) in mnjunction with all activities and
construction operations. Copies oi the Califomia Stormwater BMP Handbooks may be obtained
Irom:
Califomia Stormwater Ouality Association Cashier
P.O. Box 2313
Livermore, CA 94551
www.cabmohandbooks.com
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
ARTICLE 2
E.
F.
lmplementation
The Contractor will be responsible throughout the duration of the Project for the installation,
monitonng, inspection and maintenance of the BMPs included in he SWPPP and for removing and
disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contracto/s activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil{isturbed areas of the project site before he onset of precipitation
and shall maintain a detailed plan for the mobilization of suffcient labor and equipment to fully
deploy these control measures.
Throughout the winter season, active soil{isturbed areas of the poject site shall be fully prDtected
at the end of each day with these contrcl measures unless fair weather is predicted though the
following day. The Contractor shall monitor daily weather forecasts. lf precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning mntrol measures prior to tle onset of he precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless othenrvise
directed by the City, the Contracto/s responsibility for SWPPP implementation shall continue
throughout any temporary suspension of the Work.
Sewage Spill Prevention. The Contracto/s attention is directed to the sewer bypass operation
required during any sewer construction pursuant to tre 2015 edition of he 'Greenbook' Standard
Specifications for Public Works Construction, Section 500.1.2.4 or as that sectton is subsequently
amended.
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a
sewage spill. ln the event of a sewage spill, the Contractor shall make anangements for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contraclor shall be fully responsible Ior preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. ln addition, the Contractor is responsible for any
fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contractol's expense. The
Contractor shall take all measures necessary to prevent further damage or service intenuption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notifi cation
Should a sewage spill occur, the Contractor shall immediately report the incident to either one of
these two City Departments:
Sewer Maintenance Services
Fire Department Dispatch Center
The Contractor is encounged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and lnspectors. However, if these City
representatives are not available, then the Contractor shall immediately call:
Vince Rodriquez. Proiect lvlanaoer (323) 855-2292
ARTICLE 2
GC,23
H. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occunence of a spill to the City. This report shall describe all of the following:1. The exact location on the Thomas Guide map2. The nature and volume3. The date, time and duration4. The cause5. The type of remedial and/or cleanup measures taken and date and time implemented6. The conective and preventive action taken, and7. The water body impacted and results of necessary monitoring
L Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
pnvate citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless fiom Contracto/s failure to comply and/or fulfll the requirements set lorth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contracto/s failure to comply and/or fulfll the requirements set forth in this Paragraph
2.17 . Ihe costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
ln addition to any remedy authorized by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or
Contractor have been satisfed.
J. Maintenance
The Contractor shall ensure he proper implementation and functioning of BMP control measures
and shall regulariy inspect and maintain the mnstruction site for the BMPS identified in the
SWPPP. The Contractor shall identify conective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
lf the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be conected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
evenb. The conection of deficiencies shall be at no additional cost to the City.
K. Payment
All costs involved in the implementation of the SWPPP, including fumishing all labor, materials,
tools, equipment and all incidentals; and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those lhat were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no addrtional compensation will be made therefor.
2.18 SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Director the following summary of solid waste genefttted by the Work,
disposed in Class lll landflls, or diverted fom disposal through recycling. Report disposal in inert fill
separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
specifically identify the project generating the material. Said documents must be from recyclers and/or
ARTICLE 2
GC-24
disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplete and delay pogress payments.
Project Title:
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Specification No.
SIGNATURE:
TITLE:
DATE:
2.19 RECYCLED. REUSABLE AND RECYCLABLE PRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable poducts for use by the City.
Those items should be clearly identifed. The City may require further information or documentation to
ascertain the suitabilityiappropriateness ol a proposed product.
IEND OF ARTTCLEI
ARTICLE 2
GC-25
Type of lVaterial (a)
l'li<h.$.i in i:|.a. lll I .nrtClk
(b)
tlverted ftom Class lll
Landflls by Reclding
(c)
lleave This Column Eank]
(d)
Disposed in lned Filb
TonvCY TonYCY TonYCY Tons/CY
Asphah
Concrcte
l',lelal
otler Seg,egated [,laterials
(Describe)
MEcellanedrs Corlstuction
Total
3.01
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION
COMMENCEMENT, PROSECUTION, AND COi'PLETION OF WORK
A" Notice to Proceed
The Contractor is not auhorized to perform any Work he Contract Documents until he/she has
received fom the City an offcial notification to mmmence Work. The date on which the notification is
received by the Conhactor is herein relened to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notice to Poceed shall be issued after the Contract is propedy executed, bonds are fumished and
appoved, and insurance has been submitted and approved.
B. Prosecution ofthe Work
Work shall be mntinued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Contractor expressly proposes hat he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and that
he/she will mmplete the Wo* within the specified time.
C. Required Contact Completion
Time is of the essence in the mmpletion of this Contract, The Work shall be mmpleted in ib entirety
and made ready for service within ninety (91)) calendar days following the Date of Commencement
established in the Notice to PrDceed ('Contract Time'). By executing the Contract, Confactor
mnfirms that the Confad Time is a reasonable period for performing the Work.
CITYS DISCRETION TO EXTEND CONTMCT TIME
ln the event the Work required hereunder is not satisfactorily completed in all parts and in mmpliance with the
Contract Documenb, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City, A change order extending the Contract Time only will be
issued by the Cig should tE City decide to increase the number of Working Days.
SUBSTANTIAL COMPLETION
A Contrac{or Request for lnspection and Punch List
When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a request for
inspection and a mmprehensive punch list of items to be completed or conected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
B. City lnspec{ion
Upon receipt of the Contracto/s punch list, the Director will make an inspection to determine
whether the Work or designated portion thereof is Substantially Complete. lf the inspection
discloses any item, wheher or not included on the Contractods punch list, which is not sufficiently
complete in accordance with the Contract Documenb so that the City can occupy or utilize the
ARTICLE 3
GC-26
3.02
3.03
Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance
of the Certificate of Substantial Completion, complete or corcct such item upon notification by City,
The Contractor shall then submit a request for another inspection by City to determine Substantial
Completion,
C. Certificate of Substantial Completion
When the Work or designated portion thereof is substantially complete, tfie Director will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to
the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on
the Contracto/s punch list accompanyrng the Certifcate. Wananties required by the Contract
Documenb shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all wananty and guarantee documents and policies.
3.04 DEI.AYS AND EXTENSIONS OF TIME FOR CONTMCTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. ln
the event of any delay to the Work, the Contractor shall revrse his/her sequence of operations, to
the extent possible under the terms of the Contract, to ofhet the delay.
B. lf any delay to the Work is caused by circumstances within the Contracto/s control, it is not
excusable and not compensable, and the Contractor will not be entitled to any extension of time or
to any other compensation for damages resulting directly or indirecfly therefrom.
C. lf any delay having a direct effect on the Work is caused by circumstances beyond the control of
the Contractor except for causes of delay specified in paragraph 3.04-D., such delay may be
excusable and may entitle the Contractor to an equivalent extension of time, but not to any other
compensalion. Excusable but not compensable causes include but are not limited to labor
disputes, weather conditions unfavorable for proseculion of the Work, and force majeure.
D, lf any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Wo*, or to provide the necessary nght of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in this
paragraph.
E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work
and the causes thereof within 15 days from the beginning of such delay.
F. Any claim for an extension of time or for compensation for damages resulting fmm delay shall be
made in writing to the Director not more than 30 days after the ending of such delay. The
Contractor shall provide a written report evaluating the impact of the delay which shall include, at a
minimum, all of the following:
1. a nanative description of the delay and ib impact on tle critical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown ofthe Allowable Cosb, if any, sought by Conhactor due to the delay;
ARTICLE 3
GC-27
3.05
3, tp number of days of extension sought by Contractor as an adjustnent to the Contract time;
4. a statement that ConFactor has mmplied with tfre requirements of tre General Conditions for
written notice of delays, along with he dates and copies of such notices;
5. the measures taken by Conractor and Subcontractors to prevent or minimize the delay; and
6. the Contacto/s recommendations for reordering or resEuencing the Work to avoid or minimize
furtlrcr delay.
No extension of time or compensation br damages resulting from delay will be granted unless the
delay afiects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time ol completion is specified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim lor an
extension of time or for damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
L When a Contractor experiences two concunent delays, one compensable and the other excusable,
no compensation other han an extension of time will be allowed.
J. An extension of time must be approved by the Director to be effective, but an extension of time
whether wilh or without consent of the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge of the Contract.
CLIMATIC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resuhing ftom
inclement weather are unfavorable for the prosecution of the Work. The delay caused by such
suspension may entitle the Contractor to an extension of time but not to any other compensation.
B. lf the Contractor believes that Work should be suspended under this Paragraph 3,05, he/she may
request such suspension. The delay caused by such suspnsion may entifle the Contractor to an
extension of time but not to any other compensation.
C. No extension of time will be granted for susp€nsion of Wo* unless the suspension afiects the
timely completion of all Work under the Contract or the timely mmpletion of a portion of he Work
for which a time of completion is specified. Determination that the suspension for inclement
weather conditions or conditions resulting from inclement weather affects timely completion and
entitles the Contractor lo an extension of time shall be made and agreed to in writing by the
Director and the Contractor on each day that Work is suspended. ln tire event of failure to agree,
the Contractor may protest under the provisions ol Pangraph 7.07.
D. lf Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-half of his/her cunent normal Work day; and if the Work is suspended at the regular starting
time on any Work day and the Contracto/s Workforce is dismissed as a result thereof, then he/she
ARTICLE 3
3.06
will be entitled to a one day extension of time whether or not conditions change thereafter and the
major portion of the day is suitable for Work.
COMPLETION AND ACCEPTANCE
A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. lf, in the
Directo/s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a
'Nottce of Completion' of he Work to the Conb'actor. Upon lfre issuance of the Notice of Completion
the Contractor will be relieved from responsibility to potect the Work.
B. Wtthin 15 calendar days afier issuing the Notice of Completion, the Director will record the Notice of
Completion with the County Recorder.
LIQUIDATED DAMAGES
A. Cont"actor and City agree to liquidate damages in the amount of five hundred dollars ($500) per
day, with respect to Contracto/s failure to achieve Substantial Completion of the Work within the
Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Conbact
as set forth in Govemment Code Section 53069.85. The Contractor acknowledges and agrees that
the liquidated damages are intended to compensate City solely for the Contracto/s failure to meet the
deadline lor Substantial Completon and shall not excuse Conbactor fiom liability from any other
breach, including any failure of the Work to conform to the requiremenb of the Contract Documents.
B. ln the event thal Contnactor fails to achieve Substantial Completion of tre Work within the Contract
Time, Conhactor agrees to pay City the amount specified in tre Contract form for each calendar day
that Substantial Completion is delayed.
C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late mmpletion of fie Work.
Contactor and City acknowledge and agree that he amount of such damages are impossible to
ascertain as of the efiective date hereof and have agreed to such liquidated damages to 1ix City's
damages and to avoid later disputes. lt is understood and agreed by Contractor that liquidated
damages payable pursuant to this Agreement are not a penalty and that such amount are not
manifesty unreasonable under the circumstances existing as of the effective date of this Agreement.
D. lt is furher mutually agreed that City shall have he right to deduct liquidated damages against
progress payments or retainage and that the City will issue a Construction Change Directive and
reduce the Contract Sum acmrdingly. ln the event the remaining unpaid Confact Sum is insuficient
to cover the full amount of liquidated damages. Contractor shall pay tre difierence to City.
[END OF ARTICLE]
ARTICLE 3
3.07
4.01
ARTICLE 4. CONSTRUCTION SCHEDULES
BASELINE PROJECT SCHEDULE
The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard+opy format,
to the Director at the pre-construction meeting showing in detail how the Conhactor plans to execute and
coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated
time for mmpleton of each segment of wo*. This schedule must be reviewed and accepted by the Director
before the Contractor will be permitted to begin work. ln addition, the Conbactor shall submit a detailed
schedule forecasting two (2) weeks of work describing each day's work. This schedule shall be updated and
submitted to the City every other Monday during he mnstructjon period. The Confactor shall give 48 hours
notice to the City Engineer prior to the start of the work.
Format
3
4.
1.At a minimum, the Baseline Polect Schedule activities shall be coded on a work discipline basis
and by geographic area or locaton on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate confact milestone and completion dates specified in the Contract Documents. lt
shall depict events, jobs, and heir intenelationships and shall remgnize the progress that must
be made on one task before subsequent tasks can begin. The schedule shall be mmprehensive
and shall include all logical interdependencies and interaclions required to perform the Work of
the Project.
Overall time of completion and time of completion lor each milestone shown on the Schedule
shall adhere to the specified Contract Time, unless an eariier (advanced) time ol mmpletion is
requested by Conhactor, agreed to bythe City and formalized by Change Order.
Contractor shall use the latest version of Microsofl Project or Euivalent software agreed to by
the pades.
The City will review he submitted Baseline Poject Schedule for conformance with these
scheduling requirements. Whin fourteen (14) calendar days after receipt, the City will accept
the proposed Baseline Polect Schedule or will retum it with commenb. lf the proposed Baseline
Polect Schedule is accepted by the City, it shall be deemed part of the Contract Documents. lf
the Baseline Project &hedule is not accepted by City, Contractor shall revise the Baseline
Project Schedule, in accordance wih the recommendations of the Cig, and r+submit same for
acceptance, no later than seven (7) calendar days after receipt of said recommendation.
Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Pro.iect Schedule shall not relieve Contractor from the responsibility for
accomplishing the Work in acmrdance with the Contract Documents.
Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completon of the milestones and/or time of mmpletion. All other Work activilres ale
defined as non+ritical Work activities and are considered to have float. Float is defined as the
time that a non{ritical Work activity can be delayed or extended without delaying the scheduled
mmpletion of the milestones andior time of completion. Float is considered a Project resource
ARTICLE 4
GC-30
5
B.
available to either party or boh parties as neded. Once itjentilied, Contractor shall monitor,
acmunt for, and maintain float in accordance with Critical path lvlethodology,
2. Delays of any non+ritical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that non+ritical Work activity and cause the Work
actvity to become critical,
3. lt is acknowledged that City{aused time savings (i.e., critical path submittal reviews retumed in
less ttme than allowed by the Contract Documents, approval of substiMion requesb which result
in a savings of time for Contractor, etc.) create shared float. Accordingly, City{aused delays
may be offset by City+aused time savings.
C. Early Completion
While he Contractor may schedule mmpleton of tre Project earlier than the date established by the
Contract Documenls, no additional compensation shall become due the Contractor for the use of float
time between the Contractor's projected eariy completion date and the date for Substantal
Completion established by tre Conhact oocuments, unless an earlier (advanced) time of mmpletion
is requested by Cont-dctor, agreed to by tre City, and formalized by Change Order.
SCHEDULE UPDATES
A. With each Application for Payment submitted by Contractor (other than the fnal Application for
Payment), the Contractor shall submit to the City an updated Poject Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, conective actions taken, or
slippage carryover, for all anticipated delays or dfficulties, and all otrer infurmation required to
accurately present the actual status of the progress of the Wo* as of the date of the Application for
Payment. lf the Confactor does not submit an updated Project Schedule wifr an Application for
Payment, City may witfrhold payment, in whole or in part, untl the updated project Schedule is
submitted. ln the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall popose an affirmative plan to corcct each such delay, including overtlme and/or
additional labor, if necessary. ln no event shall any Poject Schedule update mnsttute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and auhorized pursuant to Change Order or Work Directive.
B. At no time shall historical data contained within the updated Project Schedule (i.e. mmpleted
actvities) be removed and/or altered in any way. This historical data is to be preserved witrin each of
the updated Pmject Schedules and submitted with tre final schedule update to reflect the actual start
and finish dates for each activity within the Schedule.
C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. ln cases where unplanned activity
work stoppages exceed seven (7) calendar days activrties shall be added to the Poject Schedule to
clearly indicate the work stoppage period and identi{y forecasted resumption and completon of tire
mtivity where work has stopped. Contractor shall clearly note all schedule revisions when Project
Schedule updates are submitted, as required in this Paragraph 4.02 above.
NONCOMPENSABLE EXTRAORDIMRY MEASURES
A. Should the City determine, in ib sole.iudgment, that the performance of the Work has not progressed
to the level of completion required by the Contract Documenb, Cig shall have the right to order the
ARTICLE 4
GC-31
4.03
4.04
Contractor to take mfiective measures to expedrte he progress of construction, at no additional cost
t0 the City, including, witnut limitation, the following:
1. Wo*ing additional shifis of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize practical mncurence of accomplishment of activrbes.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary l\ileasures shall contnue until the progress of the Work is no longer behind
schedule and/or reaches the stage of completion requied by be Contract Documents. Contractor
shall not be entitled to an ad.iustnent in the Contract Sum in connection wrth the performance of any
such Extraordinary Measures required by the City under this Paragraph. The City may exercise he
righb fumished the City pursuant to this Paragraph as frequenty as the City deems necessary to
ensure that the Confacto/s performance of the Work will mmply with the Confact Time or interim
completion dates set forth in the Contract Documents. lf Contractor or ib Subcontractors fuil to
implement or commence Effaordinary Measures within ten (10) calendar days of City's written
demand, City may, without prejudice to other remedies, take mnective action at the expense of the
Conhactor which shall reduce the Contract Sum accordingly.
CONDITION OF PAYMENT
Compliance by Contractor with the requirements of he Contract Documents pertaining to preparalion,
submission, revising and updating of the Schedule is a condition precdent to City's obligaton to make
payment to Contractor ol any or all sums that might otherwise be due to ContEctor in the absence of such
noncompliance. Payment by City under circumstances in which City, for any reason, fails or elecb not to
assert its right to withhold payment for nonmmpliance witr this Paragraph shall not be construed as a waiver
of the right to witrhold future payments on account of such nonmmpliance or any other nonmmpliance.
IEND 0F ARTTCLEI
ARTICLE 4
GC-32
5.01 TERMINATION BY THE CONTRACTOR
A. Contsactor shall have the right to terminate its performance of he Contract only upon the occurence
ofone of the following:
1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Contractor, any SubconFactor, Suusubcontractor, their agenG or employees, or any other
persons or entites performing portions of the Work under direct or indirect mntract with the
Conhactor, due to:
a. he issuance of an order of a courl u ofrer public authority having jurisdiction; or
b. an act of govemment, such as a declaration of national emergency making
material unavailable;
and contractor has given city written notice within ten (10) days of the occurcnce of such
ground for termination, then the Contractor may, upon thirty (30) additional calendar days written
notice to City, unless lhe reason has theretofore been cured, terminate ib performanie of fre
Work.
2. The Work is stopped for a period of 120 consecutive days ttrough no act or fault of Contractor,
any Subcontractor, Sutssubcontractor, their agents or employees, or any other persons or
entities performing portions of the Work under direct or indirect contract wfi the Contractor,
because the City has persisten0y failed to perform any material obligation under the Contract
Documents and fails to cure such default within ninety (90) days afrer the receipt of notice from
Contractor stating the nafure of such default.
B, lf contractor terminates its performance of the contract in aoordance wrth his paragraph 5.01, he
City shall pay Contractor for the Work executed through tp date of termination is set forth in
Panagraph 5.04-C below.
TERMINATION BY THE CITY FOR CAUSE
A Grounds
The City shall have the right to terminate the Contractor's performance of the Confact, in whole or in
part, witront liability to City if:
1. Contractor fails promptly to begin he Work under the Conhact Documents; or
2. contractor refuses or fails to supply enough poperly skilled wo*ers or proper materials; or
3. Contractor fails to perform the Wo* in accordance with the Contract Documents, including
conforming to applicable standards set forh therein in constructing the Ppject, or refuses t6
remove and replace rejected materials or unacceptable Work; or
4. contractor dismntnues the prosecution of the work (exclusive of work stoppage: (a) due to
termination by city; or (b) due to and during the continuance of a Force Maleure evenl or
suspension by City); or
ARTICLE 5
GC-33
5.02
ARTICLE 5. SUSPENSION OR TERMINATION OF CONTRACT
5. Contractor fails to resume perbrmance of Work which has been suspended or stopped, within a
reasonable time afrer receipt of notice ftom City to do so or (if applicable) afrer cessalion of the
event preventing performance; or
6. Any representaton or wananty made by Contractor in the Confad Documents or any certifcate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor fails to make payment to Subcontractors or lVlaterial Suppliers for materials or labor in
accordance with the respective Contract DocumenB and applicable lau or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority
having jurisdiction; or
9. Contractor is guilty of breach of a provision of the Contract Documents; or
'10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment lor the
benefit of creditors and fails to povide City with adequate assurances of Contractods ability to
satisfy ib contracfu al obligations.
A receiver, trustee, or other judicial offcer shall not have any right, title, or interest in or to the
Contract. Upon that person's appointrnent, City has, at its option and sole discretion, the right to
immediately cancel the Contract and declarc it null and void.
B. City's Rights.
When any of the reasons specifed in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other righb or remedies of the City, and after giving the ConFactor five (5) calendar
days wfitten notice, terminate Contractois performance of the Work, in whole or in part, and may:
1, Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by the Contracto[
2. Withhold fom Contractor amounts unpaid hereunder and to oftet such amounts againsl
damages or losses incurcd by City;
3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedienl.
Upon request of the Contractor, the City shall fumish to the Contractor a detailed accountng of the
msb incuned by the City in finishing the Work.
C. Costs
lf City's costs to complete and damages incuned due to Contractods default exceed the unpaid
Contract balance, the Contractor shall pay the difference to the City.
D. WrongfulTermination
lf it has been adjudicated or ohemise determined that City has wrongfully terminated the Contractor
for cause, then said termination shall be deemed converted to a termination for convenience as set
ARTICLE 5
GC-34
forh in Paragraph 5.04 and ConFacto/s remedy for wrongful termination in such event shall be
limited to the recovery of he paymenb permitted for termination for convenience as set forth in
Paragraph 5.04.
PARTIAL DELETION OR SUSPEilSION OF WORK BY THE CITY
A. Conractor agrees trat tre City may determine whether any or all of the Work described in tfre
Contact Documenb shall be deleted or performance suspended without electing to terminate the
Contracto/s performance underthe Conbact and without any penalty being incuned by the City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract
nor shall it provide Contractor with any basis for seeking payrnent from Crty for Work deleted or
suspended except to the extent such work has already been performed and is otheMise
compensable under the ConFact.
c. The city shall have he nght to later have any such suspended or deleted work performed by
Contractor or ohers witrout any penalty to the City.
D. ln the event of any partial or mmplete deletion or suspension of work, the city shall fumish
Contractor with pompt written notice thereof, and the Cig shall be entifled to take possession of and
have as its property all Record Documenb, Acmunting Records, and other data prepared by
Contsactor or its Subcontractors.
E. Suspension for Convenience.
1. The City may at any time and ftom time to time, without cause, order the Contractor, in wliting, to
suspend, delay, or interupt the Work in whole or in part for such period of time as the City may
determine. Such oder shall be specifically identified as a'Work Suspension Directive" under
this Section.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City,s expense, mmply
with ib terms and take all reasonable steps to minimize cosb allocable to the Work covered by
the Work Suspension Directive during the period of Work stoppage.
3. Within the period of suspension, or such extension to that period as is agreed upon by Conhactor
and he City, he City shall either cancel the Work Suspension Directive or delete the Work
covered by such Work Suspension Directive by issuing a Change order or Construction Change
Directive.
4. lf a Wo* Suspension Directive is cancelled or expires, Contractor shall mntinue the Work. A
Change Order or Constuction Change Directive will be issued to cover any adjustmenls of the
Cont"act Sum and Conhact Time necessarily caused by such suspension. No adjustment shall
be made to he extent:
(a) That performance is, was, or would have been so suspended, delayed, or intenupted by
anoher cause for which he Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract.
ARTICLE 5
GC-35
5.03
F. Suspensions for Cause
City has the auhority by Mitten order to suspend the Work, in whole or in part, wihout liability to City
for Contracto/s failure to:
1. Conect conditions unsafe for the Proiect personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Rsponsibilities of Contraclor During Suspension Periods
During periods that Wo* is suspended, Contractor shall mntinue to be respnsible for tfre Work and
shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary
temporary stuctures, signs or other facilities required to maintain the Proiect and continue to perform
according to the Contract Documents.
5.04 TERMINATION BY THE CIW FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder,
City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for
mnvenience upon fifreen ('15) calendar days written notice to Contractor.
B. Contractor Actions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.
At the election of and as directed by the Cig, any or all of the submntracts and purchase orders
entered rn to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.
C. Compensation
1 . lf the Parties are unable to agrce on the amount of a termination settlement, the City shall pay
the Contractor the folloung amounts:
a. For Work performed before the effective date of termination, the total (wihout duplication of
any items) of
i. The cost of the Work; and
ii. A sum, as overhead and proft on the cost of the Work, determined by the City to
be fair and reasonable. ln no event shall Contractor b€ entifled to recover
overhead or poft on Work not performed.
b. The reasonable cosls of settlement ofthe Work terminated, including:
i. Accounting, clerical, and other expenses reasonably necessary for the preparation
of terminaton settlement proposals and supporting data, if any; and
ARTICLE 5
GC,36
5.05
D,
ii. Storage, transportation, and other costs reasonably necessary for the preservation,
protection, or disposition of inventory.
2. such payment shall be contractor's exclusive remedy for terminalion for convenience and will be
due and payable on the same conditions as set forth for fnal payment to the e(ent applicable.
Upon receipt of such payment, the contractor and crty shafl have no further obligations to each
other except for contracto/s obligations with respect to wananties, representati6ns, indemnity,
maintenance of insurance, and other obligations that survive terminalion or Final completion js
provided for herein.
3. lt is understood and agreed that no fee, anticipated profrt, compensation for lost opportunity
cosb, or other compensation or payment of any kind or character shall be due or payable for
unperformed Work regardless of the basis of termination and the inclusion of this provision within
this subparagraph shall in no way limrt its application to terminatton under this paragraph.
4. contractor agrees that each of its subcontracts will reserve for the confactor the same right of
termination for convenience provided by this Paragraph 5.04.
No Consequential Damages
under no circumstances shall contractor be entiued to anticipatory or uneamed pofrts or
mnsequential or other damages as a result of a termination or partial termination under this Article 5.
The payment to contractor determined in accordance wih this Article constitutes contracto/s
exclusive remedy for a termination hereunder.
lf the City terminates Contracto/s performance of Work under he Contract, for cause or convenience or if
Contractor terminates a Subcontractor with he City's approval, Contractor shall:
( 1 ) cease performance of the Work to the extent specified in he notice;
(2) take aclions necessary or hat the city may direct, for the potection and preservation of the work;
(3) settle outstanding liabilities, as directed by City;
(4) bansfer ti8e and deliver to city work in progress, specialized Euipment necessary to perform the work;
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
contractor and/or ib subcontractors, as applicable, to the city witr meen ilsy calendar days afier the city,s
notice of termination in an organized, usable form, in both hard copy and elecfoniddigital form, wih all items
propedy labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the
notice, incur no further cosb or expenses and enter into no further subcontracts and purchase orders.
No mmpensation shall be due Contractor, if any, until Confactor mmplies with the requirements of this
Paragraph.
ARTICLE 5
GC-37
[END OF ARTICLE]
6.01
ARTICLE 6 - CHANGES
CITYS RIGHT TO ORDER CHANGES
The City, wihout invalidating the Contract, may authorize changes in the Work consisling of additions,
deletions, or other revisions, with the contract sum and contract rime being adjusted accordingly, if
necessary. All such changes in the work shall be authorized by change order or construction change
Directive and Contractor shall perform such changes in the Work according to the applicable requiremenS
of the Contract Documents,
APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
contractor shall proceed promptly and diligenty with the change, unless otheMise provided in the change
Order or Construction Change Directive. lt is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in
advance rn writing through either a change order or construction change Directive. A change in the
Contract Sum or the Contract Time shall be acmmplished only by Change Order or Construction Change
Directive. Accordingly, no verbal directons, course of conducl or dealings between the Parties, express or
implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned
or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any
claim for an increase in any amounls due under he contract Documents or a change in any time period
provided in the Contract Documents.
NOTICE OF SCOPE CHANGE
Contractor shall submit written notice of any change in scope to the Director if, in the Contracto/s opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situaton
occurs that the Contractor believes mnstitutes a scope change or other matter resulting in Extra Work, for
which Contractor believes it is entitled to an adjustnent of the Contract Sum or Contract Time. Such notice
shall be provided prior to performance of the work affected by such occunence and within seven (7)
calendar days after the discovery date of the circumstances of such scope change or other matters. The
Mitten notice shall state the date, circumstances, extent of adjustrnent to the Contact Sum or the Contract
Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right
by Contractor to adjustment of the Contract Sum or Contract Time, Failure to prDvide such timely written
notice described herein shall mnstitute a waiver by Contractor of the right to any adjustment to the Contract
Sum or Contract Time on account thereof.
CHANGE ORDERS
A. Computation
Methods used in determining.adjustnents to the contract sum by change order may include
those listed in Paragraph 6.06 below.
B. Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and seftlement of all adjustrnents to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
ARTICLE 6
GC-38
6.02
6.03
6.04
productivity, differing Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafier called "lmpacts"), including any ripple or cumulative effecis of
said lmpacts on lhe overall Work under the Contract arising directly or indirectly from the
performance of work described in the change order. By eiecution'of any change order,
Contractor agrees that the Change Order constitutes a mmplete accord and satisfaition with
respect to all claims for schedule extension, lmpacts, or any costs of whatever nature, character or
kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure
or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i)
change order's must be in writing, signed by the city and contractor and; (ii) that such written
Change Orders are the exclusive method for effectuating any change to the iontract Sum and/or
Contract Time,
CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE}
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order, The City may by Construction Change Directive, withoul invalidating the Contract,
order changes in the Work within the general scope of the Contract mnsisting of additions,
deletion, or other revisions, the contract sum and contract Time being adjusted accordingly.
B. lf the construction change Directive provides for an adjustment to the contract sum, the
adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the
Work)
C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City of the Contractois agreement or disagreement
with the method, if any, provided in the construction change Directive, for determining the
proposed adjustment in the Contract Sum or Conkact Time.
D. lf Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
contract sum or contract rime, then contractor shall give a Notice of Smpe change provided in
Paragraph 6.03, followed by a submission of a change order Request as required by paragraph
6.08. contractor shall, if requested by city in such construction change Direciive oiin a
subsequent construction change Directive, proceed with the performante of the work as
described in the Construction Change Directive. Failure of Contractor to proceed w1h the
performance of Work, as described in the Construction Change Directive shall give the City the
right to cany out the Work, as set forth in paragraph 2.05.
E. A Constructon Change Directive signed by the Contractor indicates the Contracto/s agreement
therewith, including adjustrnent in Contract Sum and Contract Time or the method for deiermining
them. Such agreement shall be effective immediately and shall be recorded as a change order.
F lf the Contractor does not respond promptly or disagrees with the method for adjustment in the
contract Sum, the method and the adjustment shall be determined by the city on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance w]th
Paragraph 6.06(E) herein.
ARTICLE 6
GC-39
6.06 PRICING CHANGES IN THE WORK
A. Altemative Methods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following methods:
1. Lump Sum. By mutual acceptance of a lumpsum proposal from Contractor propedy itemized
and supported by sufficient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-
Ups, as defined in Subparagraph 6.06-E, and shall not include any cosb or expense that is not
permitted by the terms of any provision of the Contract Documents.
2. Unit Prices. By unit prices contained in Contractor's original Bid and incorporated in the
Contract Documents or fixed by subsequent agreement between City and Contractor. Unless
otheMise stated in the Bidding Documents, unit prices stated in the Contract Documents or
agreed upon by the County and Contractor shall be deemed to include and encompass all
Allowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incuned, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
4. Deletion of Work. By Unit Prices contained in Contracto/s original Bid and inmrporated in the
Contract Documents, or by using the Schedule of Values to determine the value of the
decrease of the Contract Sum, less the value of any Work performed, plus a reasonable
percentage of the decrease for the Contracto/s saved overhead unless the Schedule of
Values allocates general conditions costs to individual line items, in which case no percentage
of the decrease shall be added. When a change consisb of both addition and deletion of
Work, the added costs and deleted costs shall be calculated separately, and then added
together, resulting in the net mst for the change. The Allowable Mark-Up shall be applied to
this net cost.
B. Contractor Maintenance of Daily Records for Changes
1. ln the event that Contractor is directed to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjust the
Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the mst
of such changes on a daily basis summarized in a daily report supplemented by back-up
records. Such records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Director, to Director
that sets forth a list of the actual hours spent in performing the Extra Work, that
clearly differentiates between the labor expended on the Exfa Wo* and other Work,
and the Allowable Costs for such Extra Work performed that day showing the names
of workers, their classifications, hours worked and hourly rates.
b. Materials, Equioment. A list of Allowable Costs of materials and equipment
consumed in the performance of the Extra Work on the day on which such Extra
Work is performed, together with copies of applicable delivery tickets and unit prices
ARTICLE 6
GC-40
L.
for all matenals and for all equipment used the type of equipment, identifcatron
number, hours of operation (including loading and transportation) and hourly/daily
rates involved for that day.
c. Other Services or Exoenditures. A list of other services and expenditures mnstituting
Allowable Costs incuned in performance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
2. ln the event that more than one change to the Work is performed by the Contractor in a
calendar day, Contractor shall maintain separate records of labor, construction equipment,
materials, and equipment for each such change. ln the event that any Subcontractor of any
tier shall provide or perform any portion of any change to the Work, Contractor shall require
that each such Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractor's representation and wananty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records maintained
by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontracto/s authorized project manager or superintendent.
All such records shall be foruarded to the Director on the day the Work is performed (same
day) for independent venfication. The Director shall aftempt to review and reconcile cosb for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they
are available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and matenal tickets and
invoices by persons designated by the Director for such purpose. ln the event that Contractor
shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustrnents to the Contracl Sum or Contract Time, if any, on
account of any change to the Work may be deemed waived for that day. Contracto/s
obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other
Contractor obligation under the Contract Documents with respect to changes to the Work.
5. Waiver bv Contractor. Failure to submit such records as are required by this paragraph daily
shall waive any rights for recovery of Allowable Costs incured for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretron to treat it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term "Allowable costs" shall mean in the case of Extra work actual costs incuned by
contractor and/or any subcontractor, regardless of tier, and necessarily involved in direct
performance of the Extra work, or in the case of deleted work the actual costs that would have
been incuned in performing deleted work by contractor and/or any subconhactor, regardless of
tier, and shall be limited to the following costs:
ARTICLE 6
GC-41
1. Labor. S and overtime wages and salaries specifically
authorized
site, in rhe 'H:""T.,'1T,.,,.H;:';:ri?lffI:lnh..',jl*i
performance of the dereted work,.based on the actuar c'st for wages prevairing rocafly for eachcraft or type of workers at the time the Effa work is done orihe dereteo wo* il oroereJeliminated. Labor costs for equipment operators and herpers shafl ue reporteo onry wtren sucrrcosts are not incruded in the invoice for equipment rentar. The use of rabor crassifitation whichwould increase the Aflowable cost for Extra work wifl not be permitted unress contractor
establishes the necessrty for such additional costs.
2. Benefits. Payroll taxes, insurance, health
funds and benefib required by lawful coll
straight-time wages or salaries, and on ove
City in writing, for employees employed at .
direct performance of the Extra work or that wourd have been incuned in the directperformance of the deleted work.
3. lvatedals-cgnsumabres. costs of materiars and consumabre items which are fumished and
jlgorporaled into the work, as approved by city, or that wourd have been incorporated into thework in the case of dereted work shafl be at the rowest price avairabre to contractor but in noevent shall such costs exceed competitive whoresare prices obtainabre from othersubcontractors, suppriers, manufacturers and distributors in the generar vicinity of the sire. rfcity determines, in ib discretion, that the cost of matenars is excelssive, or if contractor fairs tofumish satisfactory evidence of the cost from the actuar supprier thereof, then in either casethe cost of the materiars shafl be deemed to be the rowesi whoresale price at which similarmaterials are avairabre in the quantities required at the time they were needed. The cityreserves the right to fumish such materials as it deems advisable, and contractor shall have
no claim for costs or profits on materials so fumished. lvlaterial invoices must be included withthe extra work report to obtain payment.
4. Taxes. sales taxes on the costs of matenars and mnsumabre items described in paragraph
5.04-C.3 above.
5. Tool' Eouipment Rentar. Rentar charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by city, excrusive of hand toors, uied direcfly in theperformance of the Extra work or that wourd hive been used in the direct performance of thedeleted work. Regardress of ownership, such rentar charges shal not exceed the houriy rate
denved from the most recenfly pubrished 'Rentar Rate Bru'e Book for construction equipmeni;
or the 'Rentar Rate Brue Book for order construction Equipment,' as pubrished by x-i 1't, sanJose, califomia, which is in effect at the time of commencement of the .hrngJo *ork. ih.
contractor sharr attach a copy of the rate schedure to the dairy reports requiredby paragraph
6.06-8, above. The charges for any machinery and equipment shatt cease wtren trJ usethereof is no longer necessary for the Extra work or dereted work. No charge shal be alowed
T0r use ot equlpment or tools which have a replacement value of 9500 or ldss. The allowablerental rates shall include the co
attachments, loading, tEnspo
storage, insurance, and all inc
below, no mark-up shall be allowed for o
equipment if the equipment is supplied by an equipment rental firm. lf equipment is usedintermittently and, when not in use, courd
'be
retumed to ib rentar source at ress expense tocity than holding it at the site, it shafi be retumed, unress contiictor erecs to keep it at the
ARTICLE 6
GC42
site at no erpense to city. cosb. iTyned whire equipment is inoperative due to breakdowns,regular maintenance, or for non-working )ays shali not be allowed. The rental time straliinclude the time required to move the equl
for rental of such equipment and to retum
6. Rovalties. Additionar or saved costs of royarties due to the performance of the Extra work ordeleted work.
T lnsurance. Bonds Additionar or saved costs of insurance and bonds, provided, however, thatfor Efta Work such msts shall not exceed one percent 1ty.1 of ttems 1 through 6 above.
Costs Not Allowed
Allowable Cosb shall not include any of the following:
1 wag9sr sahries, fringe benefb and payo, taxes of contracto/s and a, subcontracto/s non-crafr labor (above a Foreman level);
2 overhead (incruding home offce overhead), administrative or generar expenses of any kindincruding engineering, estimating, scheduring, drafting, detairini, etc., incuned in connectionwith Extra Wo*;
3.
4.
5.
6.
Vehicles not dedicated solely for the performance of the extra of deleted work;
Small tools (replacement value not exceeding 9500);
Office expenses, including secretarial and administrative stafr, materials and supplies;
On-site and off-site trailer and storage rental and expenses;
7. Site funcing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business in@me and hanchise taxes;
1'1. Losses of effciency or productivity; and
12 costs^and expenses of any kind or item not specificafiy and expressry incruded in paragraph
6.06-C.
Allowable Mark-Up
Erffa wo.rk.bv mntsactor (Markup): The following percentages shafl be added to the confactor,smsts and shall mnstitute the markup for all overtread and irolits:
ARTICLE 6
GC-43
1.
Labor 20yo
Materials
Equipment Rental
Other ltems and Expenditures
1SYo
15lo
1SYo
F.
e extra woft is performed by a
6.06.E.1 shafl apply to the
ted pdon of each extra work
Net Allowable Costs
lf.anyone scope change involves both Extra work and deleted work in the same portion of thework and the additive aflowabre costs exceed the deductive a[owabre msts, the Alrowabre
Markups on tfre Extra Work will be only the difference between tire two imounS.
6.07
request to Contractor describino a
n itemized change order poposal i-n a
issues the request. The Contracto/s
such period of time, it shall be presumed that the
will not result in an increase to the Contract Sum or
by Contractor without additional compensation to
roposal request does not authorize the Contractor to
that the proposed change be performed, the Wort
Construction Change Directive procedures set fortl
6.08
lf the Contractor believes that instructions issued by the City after the effective date of the Contract willresult in changes to the contract Sum or Contract iime or if the Contractor othenvise becomes aware ofjle nee.o.j9191 oesirabiritv of a change in the work, contractoi may submir a written ah;dr-&;;Request ("COR') to the City in writing, in a format acceptable to Crty- ano in accordance with the noticeprovisions and other rcquirements of Articre 7 berow for ciaims. rtre ion must spec,fy th; ;;;il f.;il;proposed change, cost impacts and relevant circumstances and impacts on the Construction Scheoute.The document sharr be comprete in its description of the wo*, its ,Jterur and rabor quintities fi ;ilii;and must support and justifi the costs and credits claimed uy tte dontractor. n irit*i irt rr,,|.iri"j
detailed back-up documenlation to substantiate the C
notice shall be deemed a waiver of the right to adjustm
alleged chang-e. Any coR that is, approved qi rc civ shafl be incorporated in a change order orconstruction change Directive. lf the boR is oLnieo uuittre contlctor tetieves that it does have merit,the contractor sharr proceed with the disputed work and ,r}/ irurt a craim rn accordance with theprocedures set forth herein.
ARTICLE 6
GC-44
ISSUANCE OF WORK DIRECTIVE ruNILATERAL}.
ln the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pendin-g resolution ani
shall maintain and submit to City all accounting and cost data necessary to substantiate Co;tracto/s cost of
such disputed Work.
[END OF ARTICLE]
ARTICLE 6
GC45
7.01 GENERAL
7.02 SCHEDULE OF VALUES FOR PAYMENTS
Payment will be made at the price for each item listed on the bidding form or as Extra work as
provided in the General Condfions.
lnitial progress payment will not be made prior to approval by tre Director ol the Schedule of Values,
the Constructjon Progress Schedule, and tfre Schedule of Submittals.
No subsequent progress payrnent will be made prior to receipt by tre Director of ttre monhly revision
of the Construction Progress Schedule.
C
Submission
upon city's request, the three (3) lowest bidders shall complete and submit a preliminary schedule
of Values, within seven (7) calendar days.
ln addition, contractor shall complete and fumish within seven (7) calendar days after receiving the
Notice of Award of the construction contract a Final schedule of valuei giving a com[lete
breakdown of the Contract Sum for each component of the Work,
Content
The Schedule of values shall be in sufficient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the work. Unless othena/se
specified in the contract Documents, the Schedule of Values shall include, without limitation, a
breakdown of the general categories of subcontractor work, direct overhead, pofit and
contingency, and a further breakdown of the general categories of subcontractor work into
separate trade line items of costs for subcontractor services, labor and material, which is based on
actual subcontractor contract, subcontract, purchase order or vendor prices. lf requested by
Director, contractor shall revise the schedule of values to allocate sums fbr contractoi overlead,
profit and/or contingency among the individual line items for trade portions of the work. No
amounts shall be reflected in the schedule of values or Applicaton for payment for Extn wo* or
Deleted work forwhich a change order has not been executed by contracior and city or for which
a construction change Directive has not been issued by city. Amounts that have been mutually
agreed to by change order or unilaterally determined by city pursuant to a construction change
Directive shall be segregated from the cost of the base Contraci work and separately listed by liie
item in the schedule of Values. The schedule of Values must be prepared in sufficient detaii and
supported by sufficient data to substantiate its accuracy as the Director may requirc.
Apolications for Pavment
The schedule of values, when approved by the Director, shall be used as a basis for contractor,s
Applications for Payment and may be considered as fixing a basis for adjustments to the contract
Sum.
ARTICLE 7
GC46
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
B.
U.
B
D. Revisions
ll at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incuned
by Contractor, it shall be revised and resubmitted for the Directo/s approval.
7.03 APPLICATIONS FOR PAYMENT
A. Ma*ed Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-8 below for the monthly progress
payment meeting, Contractor shall submit to Director a copy of the proposed Schedule'of Values,
marked to show the percentage of completion certified by Contractoi for each line item in the
Schedule of Values, including any stored materials approved for payment by City pursuant to
Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director.'
'
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Director on or before the twentieth (20th) day of each month to review the Contracto/s marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall
revise as appropriate and sign the marked Schedule of Values to verify such review, lf any item in
the marked Schedule of Values submitted for payment is disputed during this review, Contractor
agrees to use ib best efforts to resolve the disputed items with the Director before submitting its
Application for Payment. lf the Director and Contractor cannot agree, then the percentage
completion shall be established at such percentage as the Director, in good faith, deiermines is
appropriate to the actual progress of the Work. No inaccuracy or enor in the Director,s good faith
estimate shall operate to release Contractor or Surety ftom any responsibility or liability arising
from or related to performance of the Work. The Director shali have the rigit subsequenfly to
conect any enor and dispute any item submitted in Contracto/s Application for payment,
regardless of whether an item was identified as disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and cedfied by Contractor under penalty of perjury
to City that:
'1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contracto/s knowledge, information and belief, the Work is in accordance with
the Contract Documents;
3. Contractor is entifled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Submntractors performing such Work,
without any retention, withholding or backcharge by Contractor.
ARTICLE 7
GC47
D. Stored Materials
Paymenb may be. malg by city, at its discretion, on account of materiars or equipment notincorporated into the Work but delivered on the ground at the Site inJ rrit.oiy'.tor.o oycontractor or stored off-Site under the control of ci[. suctr payments strarr onry oJ mnsioereoupon submission by Contractor of satisfactory evidenie that I his acquired titfe i6 same, tnat mematerial or equipment will be utilized i
protected and insured, and that such ot
City's interesb. To be considered for
addition to the above rcquirements and
stored in a bonded warehouse, fully ins
sole discretion to determine the amount
at any given time.
7.04 PROGRESS PAYMENTS
A. Conditions to progress payments
Contractor shall submit its Applicationlor Payment to the Director, using such forms as required byCity, once a month. on or before the first (1at) Day of the month folloilng t . ,ont6 in ilt i.r' tneWork that is the subject of suchapplication for Piyment was performed.-Without limitation to anyother provisions of the Contract Documents, the following shall be conditions pr*.oen't to . p.p.,
submission and to the Director approval of each Application for payment:
l submission of a Schedule of Values that reflects the percentages of completion either agreed
to or determined by Director in accordance with paragraph 7.0j_8, above;
2. submission ofthe contracto/s certification required by paragraph 7.03-c, above;
3. submission of conditional releases
payment, mmplying with Califomia C
time period covered by the cune
Subcontractoc of every tier, and all
release of stop-notice and bond righb upon progress payment, complying with Califomia Civilcode section g'r34 for a, work performed during the iime perioo'covJreo by tha DreviousApplication for Payment, signed by Contractor, its Subcontraciors of every tier anO att'maeriat
suppliers to each;
4 compliance by Contractor wib its obligation for maintenance of As-Builts as required by theContract Documenb;
5' compliance by Contractor wih its obligation for submission of monthly and daily reporb asrequired by the Contract Documents;
6 compliance by Contractor with its obligations for submission of scheduling information andupdating of the Construction Schedule as required by Article 4, aUove ino o'tr.1. p.risio* otthe contract Documents pertaining to preparation or updating oi scheduie ;f;ail;; -
7. submission of certified payrorr records as required by the contract Documents;
ARTICLE 7
GC48
D.
8. submission of certifications by contractor and each submntractor as required by applicable
collective bargaining agreements certifying that all employee benefit confibutions iue and
owing pursuant to any applicable collective bargaining agreement have been paid in full; and
9. compliance by contractor with all of its other obligations for submission of documentation or
performance of mnditions which, by the terms of the contract Documents, constitute
conditions to Contracto/s right to receive payment for Work performed.
Payments by City
Pursuant to califomia Public contract code section 20104.s0, city shall make progress payment
of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and
properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of
value determined puEuant to Paragraph 7.03-B above of the following:
1. the portion of the Work permanenfly installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents.
Rejection by City
Any Application for Paynent determined not to be undisputed, proper and suitable for payment
shall be retumed to Contractor as soon as practicable, but not later than seven (7) Days, afier
receipt by city accompanied by an written explanation of he reasons why the payment request
was rejected. Failure by city or Director to either timely re.iect an Application for payment or specifo
any grounds for rejection shall not constitute a waiver of any rights by city. Applications for
Payment that are rejected shall be conected and resubmitted within seven (7) Days after receipt by
Contractor.
lnterest
lf City fails to make a progress payment to Contractor as required by paragraph 2.04-8, above,
city shall pay interest to contractor equivalent to the legal rate set forth ln subdivision (a) of
califomia code of civil Procedure section 685.0i0. The number of Days available to city to make
payment pursuant to Paragraph 7.04-B, above without incuning interest pursuant to this paragraph
shall be reduced by the number of Days by which City exceeds ttre seven (7) Day ietum
requirement applicable to City as set forth in paragraph 7.04-C, above.
ARTICLE 7
GC-49
7.05 FINAL PAYMENT
A. Retention
ln.addition to withholdings permitted by paragraph 7.09 below, a sum equal to tive percent (5%) of
all sums otheMise due to contractor as progress payments shall be withheld uy city pursuani to
Paragraph 7.04-8 from each progress payment ('Retention') and retained until such time as it is
due as described herein. A higher Retention amount may be approved by the city council where
poject is deemed 'substantially complex' by City Council,
Conditions to Final payment
contractor sharr submit rts Appricarion lo_r Finar payment, using such forms as required by Director,prior to requesting a finar inspection of the work in ..rort.n.l, *ir' paragraph 3.06 above. suchApplication for Final payment shall be accompanied Oy a[ ttreioflowing:
1. an affidavrt that payrofis, bils for materiars and equipment, and other indebtedness connectedwith the poect for which City or City,s property oi frnJ, ,itf',i be tiable have il; ilJ;;otheMise satisfied;
2. Contractods ceftfication as required by paragraph 7.03_C, above;
3. consent of surety, if any, to Final payment;
4. a certifcate evidencing that the insurance requircd by the contract Documents is in force;
5. Conditional Waiver t in the form required by Califomia CivilCode Section 8i36 ntractors of every tier ariO Uy att maeriaisuppliers of each, c
6 Unconditionar waiver and Rerease Upon progress payment in the form required by carifomiacivil code section 8i36 executed by contra'ctor, att
'sumontracton
or every tiei anJ oy attmaterial suppliec of each, covering the previous payment period;
7 all .Record Pocumenb (incruding,. without rimitation, comprete and accurate As-Buirt drawingswhich shall be kept up to date during the pertormance ot ine Wo*l;
S documentation that contractor has inspected, tested, and adjusted performance if everysystem or facirity of the work to ensure that overafl performance is in compriance with m6terms of the Contract Documents;
9 four (4) copies of a[ wananties fom vendors and subcontractors, operation and maintenancemanuars, instructions and rerated agreemenb, and equipment certifications and simirardocuments;
10. certificalions by conhactor and each subcontractor as required by appricabre mflectivebargaining agreements that a[ emproyee benerit contributioni oue ano-owing pursuant to inyapplicable collective bargaining agreement have been paid in full;
1 1. releases of rights and craims rerating to patenb and trademarks, as required by the contractDocuments; and
12. any other documents or information required by the contract Documents as a condition ofFinal Payment or Final Completion.
Final Payment
Pursuant to the Pubric contract code section 7107, wihin sixty (60) Days after city issues theNotice of compretion to confactor, the Finar payment, in.rrJi.i ii.furtion, shail be rereased toContractor, subiect to the City,s right to withhotd j50y. oi;nt Oirp"rt J.rorrt,
ARTICLE 7
GC-50
D. Disputed Amounts
pumuant to Califomia public Contractpayment due under paragraph 7.05_
including, without limitation, amounts
result of Contracto/s failing to
by Contractor as a condition to
in its sole discretion, to accept the Work
Sum pursuant to the Contract Documenb.
E. Acceptance of Final payment
tor shall constitute a waiver of all rights by Contractor
a'ilLTg.[T:,31Hir:iil?,S#..:?T:.,i#
7.06 M|SCELI-ANEoUS
A Joint payment
City shall have the right, if deemed n
payable to Contractor and any Subcont
responsible for the allocation and dis
payment. Endorsement on such check
receipt of payment by such payee. tn no event shall anyloint check payment be construed tocreate any contract belween City and a Subcontractor of ani ri.r, .ny o6l[1.iio. t o, Ciiy to *.hSubcontractor or any thinl party righb against City orDirector.
B. Withhotding/Duty to proceed
The payment' withholding or Etention of all or any portion of any payment claimed to be due andowing to Contractor shall not operate in
Contract Documents. Contractor shall
to the payment, withholding or retentio
retention by City in good .faith of any dis
to be conecfly or inconecuy asserted,
Contract and shall not be grounds for an
C. No Acceptance
No payment by city or partial or entire use of the work by city shall be construed as approval oracceptance of the Work, or any portion thereof
D. Contractor payment Wananty
3::llf,:rrir:l
an Appticatjon for paymenr shafl constitute a represenrarion and wananty by
l Title to work covered by an Application for Payment will pass to city eitrer by incorporationinto the construction or upon receipt of payment by Contractor, *t i.irr,r.i*.^ n"t, JrA
ARTICLE 7
\ru-c I
7.07
2 Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the contractor or any other person.
E. Conections
No inaccuracy or enor in any Application for Payment provided by Contractor shall operate to
release contractor from the enor, or from losses arising from the work, or from any obligation
imposed by he Contract Documents. City retains the right to subsequently conect any enorhade
in any previously approved Application for payment, or progress payment issued, by adjustments
to subsequent payments.
PAYMENTS BY CONTRACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontracto/s portion
of the work that it does not intend to pay to such subcontractor. Upon receipt of payment trom city,
Contractor shall pay the Submntractor performing Work on the Poject, out of the amount faid to Contractor
on account of such Subcontnactor's portion of the Work, the amount to which said Submntractor is entifled
in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation,
Califomia Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a
withholding by city pursuant to the terms of these contract Documenb, to prompfly satisfy from its o-wn
funds sums due to all Subcontractors who have performed Work that is included in Contracto/s Application
for Payment, contractor shall, by appropriate agreement, require each subcontractor to make payments to
its subcontractom and material suppliers in similar manner. city shall have no obligation to pay or be
responsible in any way for payment to a Subcontractor of any tier or material supplier.
PAYMENTS WTHHELD
A. Withholding by City
ln addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:
'1. Third Party Claims. Third-party claims or stop notices filed or reasonable evtdence indicating
probable filing of such claims or stop notices. City shall promptly inform Contractor of any third
party claims related to this Contracti
2. Defective Work. Defective Work not remedied;
3. Nonpayment. Failure of contractor to make proper payments to its subcontractors for
services, labor, materials or equipment;
4 lnability to Complete. Reasonable doubt that the Wo* can be completed for the then unpaid
balance of the Contract Sum or wthin the Contract Time;
5 Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful ordeB of govemmental authorities;
7.08
ARTICLE 7
GC-s2
6. Penalty. Any. claim or penarty asserted against city by virtue of contracto/s fairure to compry
with applicable laws or lawful ordens of govemmental authorities (including, without limitation
labor laws);
7. Failure to Meet contract Time, Any damages which may accrue as a result of contractor
failing to meet the construction schedule or failing to perform within the contract rime;
8. setoff. Any reason specified ersewhere in the contract Documents as grounds for a
withholding ofbet or set off or that wourd regafly entifle city to a set-0ff or recoup-ment;
9. consultant services. Additional professional, mnsultant or inspection services required due to
Contractor's failure to comply with the Contract Documents.
10. Liquidated Damages. Liquidated damages assessed against Contractor
'11. Materials. Materials ordered by City pursuant to the Contracl Documents.
12. Damages. Loss caused by contractor or subcontractor to city, separate contractoc or any
other person or entity under mntract to City.
'13. clean Up. clean up performed by city and chargeabre to contractor pursuant to the contract
Documenls.
14. Employee Benefib. Fairure of contractor to pay mntributions due and owing to emproyee
benefb funds pursuant to any appricabre coflective bargaining agreement or truJt agreement.
'15. Required Documenb. Fairure oJ contractor to submit on a timery basis, proper and suftcient
documentation required by tfre contract Documenb, including, without limitaiion, construction
schedule updates, 'look ahead' schedules, submittals, schedules of Values, information on
subcontractors, change orders, certifications and other required reports or documentation,
16. Other Breach, A breach ofany obligation or provision of the Contract Documenb.
Release of Withholding
lf and when city determines, in its sore discretion, that the above grounds for witrhording have been
removed and that all losses incuned or threaten d have been paid, credited or otrenrviie satisfied,
then payment shall be made for amounts withheld because of tfrem.
Application of Wthholding
city may apply sums withherd pursuant to paragraph 7.0g-A above, in payment of any ross orthreatened loss as city determines, in its sore discretion, to be appropriate.
'such
payments maybe made wihout a prior judiciar determination )f citys actuar ,igt'ti *ith ,especi ro such ross.
Contractor agrees and hereby designates City as its
such payments shall be considered as payments ma
Contractor. City shall not be liable to Contrictor for su
submit to Contractor an accounting of such funds d
altemative to such payrnent, city miy, in its sore discretion, erecr to exercise ib right to adjust theContract Sum as povided in the Contract Documents.
ARTICLE 7
GC,53
7.09
D. Continuous Performance
Provided city pays the undisputed portion, if any, of funds withheld in good faih, contractor shall
maintain continuous and uninterupted perbrmance of the Work during the pendency of any disputes
or disagreemenb wtth CitY,
SUBSTITUTION OF SECURITIES
A Public Contrac{ Code
Pursuant to the requirements of Califomia Public Contract Code Section 22300, upon Contractois
request, city will make payment to contractor of any funds wihheld from payments t0 ensure
performance under the Contact Documenb if Contractor deposits with Ctty, or in escrow with a
Califomia or federally chartered bank in Califomia acceptable to City ('Escrow Agent'), securities
eligible for the investment of State Funds under Govemment Code Section 16430, or bank or savings
and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or
any other secunty mutually agreed to by the conractor and the city, upon the following condthons:
1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for
the purpose of receiving any interest thereon.
2, All expenses relating to the substitution of securities under Public Contract Code Section
22300 and under this Paragraph 7.04, including, but not limited to City's overhead and
administrative expenses, and expenses of Escrow Agent shall be the responsibility of
Contractor.
3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at
least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract
DocumenE.
4. lf Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an
escrow agreement, using the City's form, 'Escrow Agreement for Deposit of Securities in Lieu
of Retention.'
5. Contactor shall obtain the written consent of Surety lo such agreement.
6. Securities, if any, shall be retumed to Contractor only upon satisfactory Final Completion of
the Work.
B. Substitute Security
To minimize the expense caused by such substrtution of securities, Contractor shall, prior to or at he
time Contretor requests to substifute security, deposit sufficient security to cover the entire amount
to be withheld. Should the cunent market value of srch substimed security fall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documenb, Contractor shall immediately and at Contracto/s expense and at no cost to City deposit
additional security qualifiing under Public Contract Code Section 22300 until the curent market value
of the total security deposited is no less lhan the amount subject to withholding under the Contract
Documents. Securities shall be valued as often as mnditions of tfre securities market wanant, but in
no case less frequently than once per month.
ARTICLE 7
GC-54
c.Deposit of Retentions
Altematively, sub.lect to the conditions set forth in Paragraph 7.04-A above, upon request of
contractor, city shall make payment of retentions directly to Escrow Agent at the expense of
contractor, provided that contractor, city and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above.
At the expense of Con'iractor and at no cost to City, Contractor may direct the investment of the
payments into secunties and interest beanng accounts, and Contractor shall receive the interest
eamed on the investments, Escrow Agent shall hold such direct payments by city underthe same
terms provided herein for securities deposited by contractor, upon satisfactory Final completion
of the work, contractor shall receive from Escrow Agent all securities, interest and payments
received by Escrow Agent from city, less escrow fees and charges of the Escrow Account,
according to the terms of Public contract code section 22300 and the contract Documents.
Time for Elec{ion of Substitution of Securities
Not'ivithstanding the provision of 7,04 A, B, and C above and Califomia Public Contract Code Section
22300, the lailure of contractor to request the substitutjon of eligible securilies for monies to be
withheld by city within ten (10) days of the award of contract to contractor shall be deemed to be a
waiver of all such rights.
ct-AtMs
A. Arising of Claim.
1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a'claim'will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the contracto/s change
Order Request.
2. Other Claims. ln the case of a Claim by Contractor that does not involve an adjustment to the
contract sum or contract Time due to a scope change and which has not become fnal, the
Claim may be asserted il and only if, Contractor gives written notice to City of intent to fle the
Claim witlrin three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and'only if, it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contracto/s entrtlement to an adjustment of the Contract
bum or contract Time and complies with the requirements of paragnph 7.11-8, below. For
purposes of this Paragraph 7.11, a Claim for which such written notice is required and has
been given by Contraitor shall be deemed to arise on the date that such written nolice is
received by City.
B. Content of Claim
A Claim by Contractor must include all of the following:
D.
7.10
1 , A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description ol the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
ARTICLE 7
GC-55
3.lf the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. lf the Claim does not involve an adjustment to the Contract Sum or Contract
Time due to a change in scope, a statement demonstrating that a notice of intent to file the
Claim was timely submitted as required by Paragraph 7.10-A.2, above;
A detailed justification for any remedy or reliel sought by the claim including without limitation,
a detailed cost breakdown in the Iorm' required for submittal of Change Order Requests and
actualjob cost records demonstrating that the costs have been incuned;
lf the Claim involves a request for adjustment of the Contract Time, written documentation
demonstrating that Contractor has complied with the requirements of the Contract Documents
and wntten substantiation (including, without limitation, a Time lmpact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Documents; and
A written certification signed by a managing officer of Contracto/s organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has
peBonally investigated and confirmed the truth and accuracy of the matters set forth in such
certification, in the 'following form:
"l hereby certify under penalty of perjury that I am a managing officer of (Contracto/s name)
and thail have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf
of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent
inquiry into the facts ofthe Claim, the following statements are true and conect:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the
Claim materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that
forms the basis for the Claim, reviewed the job cost records (including those
maintained by Contractor and by any Subcontractor, of any tier, that is asserting
all or any portion of the Claim) and confirmed with reasonable certainty that the
losses or damages suffered by Contractor and/or such Subcontractor were in
fact suffered in the amounts and for the reasons alleged in the Claim; and,
(c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim)
and mnfirmed on an event-by-event basis that the delays or disruption suffered
by Contractor and/or such Subcontractor were in fact experienced for the
durations, in the manner, and with the consequent effects on the time and/or
sequence of performance of the Work, as alleged in the Claim; and,
ARTICLE 7
GC-56
4.
I have not received payment from City for,
released City from, any portion of the Claim."
nor has Contractor previously
Date:Signature:
Name:
Title:
Company
Noncompliance
Failure to submit any of the information, documentaton or certifications required by Paragraph
7.'10-B, above, shall result in tE Claim being retumed to Contractor without any decision.
Submission of Claims
1. Director. Claims shall b€ first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otheMise directed by City, Contractor shall not delay, slow or
stop performance of the Work, but shall diligently proceed with performance in accordance
with the Contract Documents and City will continue, to make undisputed payments as by the
Contract Documents.
3, Time for Filinq. All Claims and supporting documentation and certifications must be filed
within thirty (30) days after the Claim anses. No Claims shall be liled after Final Payment.
4. Conditions Plecedent, No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.10-D, which shall be mnsidered conditions precedent to
Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with
respecl to such Claim.
Response to Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the fufter information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing
within (60) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within thirty (30) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
ARTICLE 7
GC-57
(d)
c
D,
E.
F.
3. Meet and Confer. lf Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7 .10-E.2, aboue, Contractor may so notily
City, in writing, witirin fifteen ('15) days of City's response, or within fifteen (15) days of City's
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall
schedule a meet and confer conference within thirty (30) days of such demand, for discussion
of settlement of the dispute.
Finalig of Decision
lf Contractor disputes the Director's decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of
Dispute within seven (7) days after receipt of the Director's response.
Continuing Contract Performance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently witr
performance of the Contract and the City shall continue to make paymenb for undisputed Work in
accordance with the Contract Documents. ln the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractor shall mntinue performance pending resolution of
the dispute and shall maintain the accounting and mst data to substantiate the mst of such disputed
work.
[END OF ARTICLE]
ARTICLE 7
GC-58
8.02
ARTICLE 8 - MATERIALS AND EQUIPMENT
8.01 GENERAL
The Contractor shall fumish all materials and equipment needed to complete the Work and
installations required under the terms ol this Contract, except ttlose materials and Euipment
specifed to b€ fumished by the City.
B. The Contractor shall submit satisfactory evidence that the materials and equipment to be fumished
and used in the work are in mmpliance with the Specifications. Materials and equipment
incorponated in the Work and not specifically coveEd in the Specifications shall be the best of their
kind. Unless otheMise specifed, all materials and equipment inmrporated in the Work under the
Contract shall be new.
QUALITY AND WORKMANSHIP
All matedal and equipment fumished by the Contraclor shall be new, high gade, and free ftom defecb and
imperfections, unless othen ise herernafrer specified. Workmanship shall be in accordance with the best
standad practices. All materials and equipment must be of the specified quality and Eual to approved
samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike
manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the
Contractor to call attention to apparent erors or omissions and request instructions before proceeding with the
Work. The Director may, by appropriate instructions, conect erors and supply omissions, which instructions
shall be binding upon the Contactor as though contained in he original Specifications or Drawings. All Work
performed under the Specificatons will be inspected by the Director as provided in Paragnph 8,04. All
materials and Euipment fumished and all Work done must be satishctory to the Director. Work, material, or
equipment not in accordance with the Specifications, in the opinion of the Director shall be made to mnform
thereto. Unsatisfactory materials and Euipment will be rejected, and if so ordered by lhe Director, shall, at the
Contractor's expense, be immediately removed from the vicinity of the Work.
TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured affcle is used it is intended
to indicate a measure of quality and utility or a standard. Except in hose instances where the product is
designated to match others in use on a partrcular improvement either completed or in the course of mmpletion,
the Contractor may substitute any other brand or manulacture of equal appearance, quality, and utility on
approval ofthe Director, provided the use of such brand or manufacture involves no additional mst to the Cry.
APPROVAL OF MATERIALS
A. The Contractor shall fumish without additional mst to the City such quantities of construction
materials as may be required by the Director for test purposes. He/she shall place at the Directo/s
disposal all available facilities for and cooperate wh him in the sampling and testing of all matenals
and workmanship. The Confactor shall prepay all shipping charges on samples. No samples are to
be submitted with the bids unless otheMise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Director by the Contractor. Boh the label on the sample and the letter of
transmittal shall indicate the material represented, its place of origin, the names of the producer and
ARTICLE 8
GC-59
8.03
8.04
8.05
the Contractor, the Specificahons number and title, and a reference to the applicable Drawings and
Specifi cations panagraphs.
C. l\ilaterials or equipment of which samples are required shall not be used on the Work until appoval
has been given by the Director in Miting. Appoval of any sample shall be only lor the chanacteristics
of the uses named in such approval and no other. No approval of a sample shall be taken in ibelf to
change or modi! any Contract rcquirement.
D. Failure of any material to pass the specifed tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or
make of hat material.
ORDERING MATERIALS AND EQUIPMENT
One mpy of each of the Contracto/s purchase orders for materials and equipment forming a portion of the
Work must be fumished to the Director, if requested. Each such purchase order shall mntain a statement that
the materials and equipment included in he order are subject to inspection by the City. Materials and
equipment purchased locally will, at tre City's discretion, be inspected at the point of manufacture or supply,
and materials and equipment supplied from points outside the Los Angeles area will be inspected upon anival
at the job, except when other inspection requirements are provided for specific materials in other sections of
the Contract Documenb.
AUTHORITY OF THE DIRECTOR
A. On all questions conceming the acceptabilrty of materials or machinery, tile classification of materials,
the execution of tre Work, and mnflicting interests of Contractors performing related work, the
decision ol the Director shall be final and binding.
B. The Director will make periodic observations of matenals and completed work to observe their
mmpliance wih Drawings, Specifications, and design and planning concepts, but he/she is not
responsible for the superintendence of mnstruction pocesses, site conditions, operations,
equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the
site of work.
INSPECTION
All materials fumished and !\ork done under this Contract will be subject to rigid inspection. The Contractor
shall fumish, without extra charge, the necessary test pieces and samples, including facilities and labor for
obtaining them, as requested by the Director. The Director, or his/irer authorized agent or agenb, at all times
shall have access to all parb ofthe shop and the lrorks where such materials under his/her inspection is being
manufactured or the work performed. Work or material that does not mnform to the Specifications, altltough
accepted through ovemight, may be rejected at any stage of the Work. Whenever the Contractor is permitted
or directed to do night v'o* or to vary the period during which work is canied on each day, he/she shall give
the Director due notice, so that inspection may be povided. Such !\ork shall be done under regulations to be
fumished in writing by the Director.
INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its oficers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution of he Work or included in the
ARTICLE 8
GC$0
8.06
8.07
8.08
materials or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agents,
servants, or employees, or any of them, be enjoined from fumishing or using any invention, process,
equipment, article, materials, supplies or appliance supplied or required to be supplied or used under his
Contract, the Contractor shall pompfly substitute other inventions, processes, Euipment, articles, materials,
supplies, or appliances in lieu thereof, of Eual effciency, quality, finish, suitability, and market value, and
satsfactory in all respecb to the Director. Or in the event that the Director elects, in lieu of such substitution, to
have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or
appliances, as may by ttis Contract be required to be supplied and used, in that event the Contractor shall at
hisiher expense pay such royalties and secure such valid licenses as may be requisite and necessary to
enable the City, its offcers, agents, servanb, and employees, or any of them, to use such invention, process,
equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any
proceeding in law or Euity on account thereol Should the Conbactor neglect or refuse promptly to make the
substitution hercinbefore required, or to pay such royalties and secure such licenses as may be necessary and
requisite for the purpose aforesaid, then in that event the Director shall have the right to make such
substitution, or the City may pay such royahies and secure such licenses and charge the cost thereof against
any money due the Contractor from the City, or recover the amount hereof from him/her and his/her surety,
notwrthstanding final payment under this Contract may have been made.
[END OF ARTICLE]
ARTICLE 8
GC$1
ARTICLE 9 - SUBMITTALS
9.(}I GENERAL
A. The Contractor shall submit samples, drawings, and data for the Directot's approval which
demonshate fully that the construction, and he materials and equipment to be fumished will comply
with the povisions and intent ofthe Drawings and Specifcations.
B. Specific items to be mvered by tre submittals shall include, as a minimum, he following:
1. For struclures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
2. For conduits, submit a detailed layout of the mnduit with details of bends and fabricated
specials and fumish any other details necessary. Show location of shop and field welds.
3. For equipment which requires electrical service, submit detailed information to show
power supply requirements, wiring diagrams, confol and potection schematics, shop test
data, operation and maintenance pocedures, outline dnwings, and manufacture/s
recommendation of he interface/interlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacture/s recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals,
and other details necessary.
5. Samples
6. Colors
7. Substitutions
8. Manuals
9. As-built drawings
'10. Safety plans required by Article 10
9.02 PRODUCTHANDLING
A, Submittals shall be accompanted by a letter of transmittal and shall be in strict accordance with the
povisions of this Article.
B. Submit priority of processing when appropriate.
9,03 SCHEDULEOFSUBMITTALS
A. The Contractor shall prepare and submit a schedule ol submittals. The schedule of submittals shall
be in the form of a submittal log. Refer to Paragraph 9.'12.
ARTICLE 9
9.04 SHOPDRAWNGS
A. All shop drawings shall be poduced to a scale suffcienty large to show all pertinent features o, the
item and ib method of connection to the Work.
B. All shop drawing prinb shall be made in blue or black line on white background. Reproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heiqht X Width
11',X81t2'.
11" X17'
24"X 36',
30'x42'
COLORS
Unless the precise color and pattem are specilied elsewhere, submit accurate color charb and pattem charb
to the Director for his/her review and selection whenever a choice of mlor or pattem is available in a specifed
product. Label each chart naming tE source, the proposed location of use on the pro.iect, and the poject.
MANUFACTURERS' LITERATURE
Where mntents of submitted literature from manufacfurers includes data not pertinent to the submittal, clearly
show which portions of the mntenb are b€ing submitted for review.
SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract
Documenb. Any Contractor poposed substitutions are subject to the Directo/s approval.
The Director will mnsider poposals for substiMion of materials, Euipment, and methods only when
such poposals are accompanied by full and mmplete technical data, and all other inbrmation,
including life cycle maintenance data, required by tr Director to evaluate the poposed substitution.
B. Any requests for substfutions by he Contractor must be made within forty-five (45) calendar days
from the lssuance Date on the Notice to Proceed. Otheruise, such requests will not be considered.
C. Trade names and "or approved equal" povision as set forth in Paragraph 8.03.
MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-112 X 11 format in durable plastic binders. ln additon, manuals
shall be submitted in electonic format. Manuals shall mntain at least he following:
1. ldentification on, or readable through, the front cover stating general nature of the manual.
ARTICLE 9
GC63
9.05
9.06
9.07
9.08
2. Neaty typewritten index near he front of the manual, fumishing immediate in ormation as to
location in the manual of all emergency data regarding he installation.
3. Complete instructions regarding operation and maintenance of all equipment involved,
4. Complete nomenclature of all replaceable parb, their part numbers, cunent mst, and name
and address of nearest vendor of parts.
5. Copy of all guarantees and wananties issued.
6. Copy of drawings with all data conceming changes made during mnstruction.
B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or ohemise cleariy indicate, all manufacturers' data with which
this installation is not concemed.
9.09 AS.BUILT DRAWINGS
A. Contractor shall modi! the plan and/or timing sheet(s) in the hafic signal cabinet upon any addition,
deletion, repair, or change in timing as soon as the work is mmpleted. The legibility and contrast of
each drawrng submitted to the City shall be such that every line, number, lefter, and character is
clearly readable.
B. Conhactor shall notify the City of any and all changes to the plan and/ortiming sheet(s).
9.I(} SUBMITTALSQUAT.ITITIES
A. Submit seven (7) mpies of all data and drawings unless specified othenrt/se.
B. Submit all samples, unless specifed otherwise, in the quantity to be retumed, plus two, which will be
retained by the Director.
9.II IDENTIFICATION OF SUBMITTALS
Completely identify each submittal and Bsubmittal by showing at least the following information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for fu(her information.
B. Name of project as it appears in the Contract Documents and Contract Number.
C. Drawing number and Specifications section number other than this seclion to which the submittal
applies.
D. Whether this is an original submittal or r+submittal.
E. For samples, indicate the source of the sample.
9,12 SCHEDULEOFSUBMITTALS
A. Submit initial schedule of submittals within five (5) Working Days after the lssuance Date on Notice to
Proceed.
ARTICLE 9
GC$4
B. Submit revised schedule of submittals within fve (5) Working Days afrer date of request from the
Director.
C. The Director will review schedule of submittals and will notify Contractor that schedule is
acceptable or not acceptable within five (5) Working Days afrer receipt.
9.13 COORDINATION OF SUBMITTALS
A. Prior to submtttal for fE Director's review, use all means necessary to fully coordinate all matenal,
including the following procedurcs:
1. Determine and veri{y all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required witfr alltrades and with all public agencies involved.
3, Secure all necessary approvals from public agencies and others and signifi by stamp, or other
means, that they have been secured.
4. Cleariy indicate all deviatons fom the Specifications.
B. Unless otheruise specifically permitted by the Director, make all submittals in gmups containing all
associated items; the Director may reject partial submrttals as not complying with the provisions ofthe
Specifications.
9.14 TIMING FOR SUBMI'ITALS
A. Make all submittals far enough in advance of scheduled dates of installation to povide all required
time for reviews, for securing necessary appovals, for possible revision and resubmittal, and for
placing orders and securing delivery.
B. ln scheduling, allow at least 15 Working Days for the Directo/s review, plus he transit time to and
frDm the City office.
C. Manuals shall be submitted prior to performing functional tests.
9.,I5 APPROVAL BY CITY
A. Up to three (3) mpies of each submittal, except manuals, schedule of msts for progress payments,
and as-built drawings will be retumed to he ConFactor marked "No Exceptions Taken,' 'Make
Conections Noted - Do Not Resubmit," or'Make Conections Noted - Resubmit." Manuals, schedule
of msts, and as-built drawings will be retumed for resubmittal if inmmplete or unacceptable.
B. Submittals marked "Approved as Noted' need not be resubmifted, but the notes shall be followed.
C. lf submittal is retumed for conection, it will be marked to indicate what is unsatisfaclory.
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Appoval of each submittal by he Director will be general only and shall not be mnstrued as:
1. Permitting any departures from the Specifications requiremenb.
ARTICLE 9
GC$5
2. Relieving the Contractor of lhe responsibility for any enors and omissions in details, dimensions,
or of other nature hal may exist.
3. Appoving departures from additional dehils or instructions previously fumished by the Director.
9.16 CHANGES TO APPROVEO SUBMITTALS
A. A resubmittal is required for any poposed change to an appoved submittal. Changes wlrich require
r+submittal include, but are not necessanly limited to, dawing revisions, changes in materials and
equipment, installaton procedures and test data. All resubmithls shall include an explanation of tn
necessity for he change.
B. Minor mnections to an appmved submittal may be accomplished by submitting a "Conected Copy'.
IEND 0F ARTTCLEI
ARTICLE 9
GC$6
ARTICLE 1O - SAFETY
,I().(}I PROTECTION OF PERSONS AND PROPERTY
Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and completely responsible for mnditions of the job site, including safety of
all pecons and property, during performance of the Work. This requirement will apply mntinuously
and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all
applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes.
Where any of tfrese are in mnflict, the more stringent requirement shall be followed.
Sanitary Facilities. The Contractor shall fumish and maintain sanitary facilities by the worksites for the
entire construction period.
Protection of the Public. The Contractor shall take such steps and precautions as his/her operations
wanant to pDtect the public from danger, loss of life, loss of property or intenuption of public services.
Unforeseen condftions may arise which will require that immediate povisions be made to protect the
public from danger or loss, or damage to life and property, due directly or indirectly to piosecution of
work under this contract. Vvhenever, in the opinion of the Director, a mndition exists which the
Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection
of adjacent structures or poperty, the Director will order the Conhactor to provtde a remedy for the
condition. lf the Contractor fails to act on the situation within a reasonable time period as determined
by the Director, or in the event of an emergency situation, the Director may provide suitable protectlon
by causing such work to be done and material to be fumished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repaic (including labor and materials)
as are deemed necessary, shall be bome by the Contractor. All expenses incuned by the City for
emergency repairs will be deducted from the final payment due to the Contractor.
10.02 PROTECTION FROM HAZARDS
Trench Excavation
Excavaton for any trench four (4) feet or more in depth shall not begin untll he Confactor has
received appoval from tre Director of the Contrdcto/s detailed plan for wo*er potection from the
hazards of caving gound during the excavation of such trench. Such plan shall show the details of
the design of shoring, bracing, sloping or other provisions to be made for r,norker protection during
such excavation. No such plan shall allow the use of shoring, sloping or protective system less
effective than that required by the Construction Safety Orders of the Division of Occupational Safety
and Health, and if such plan vanes ftom the shoring system standards established by the
Construction Safe$ orders, the plan shall be prepared and signed by an engineer who is registered
as a Civil or Structural Director in the State of Califomia.
Confined Spaces
Contractor shall mmply with all of the provisions of General lndustry Safety Orders of the Califomia
Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received
appmval from the Director of the Contracto/s program for mnfined space entry. Confined space
means a space that (1) ls large enough and so configured that an employee can bodily enter and
perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks,
vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of
entry); and (3) ls not designed for continuous employee occupancy. Failure to submit a confined
ARTICLE 1O
GC$7
B
space entry program may result in actions as provided in Article 5: 'Suspension or Termination of
Contract."
C. Material Safety Data Sheet
Contractor shall mmply with all of the provisions of Genenal lndustry Safety Orders of the Califomia
Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet
(MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of
such materials to the job site or use of such materials at a manufacturing plant where the Director is
to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be
submitted with the sample(s). Hazardous substance is defined as any substance included in the list
(Directo/s List) of hazardous substances prepared by the Director, Califomia Department of lndustnal
Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous
substance may result in actions as provided in Article 5, "Suspension or Termination of Contract'.
10.03 DIFFERING SITE CONDITIONS
A. Difierinq Site Conditions Defned. The Contractor shall promptly, and before such conditions ae
disturbed, notify the Director in writing of any Difiering Site Conditions. Differing Site Conditions are
those conditions, located at he project site or in existing improvements and not otheftvise
ascertainable by Contractor hrough the exercise of due diligence in the performance of its inspection
obligations in the Contract Documents, encountered by Contractor in digging trenches or other
excavations(s) that extend deeper than lour feet below the surface of the ground that constitute:
1, Material that the Contractor believes may be material that is hazardous waste as defined in
Section 25117 of he Health and Safety Code, which is required to be removed to a Class I,
Class ll, or Class lll disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditrons at the site differing materially from those indicated in
these Conhact Documents.
3. Unknown physical conditions at the site, of any unusual nature, difierent materially from those
ordinarily enmuntered and generally recognized as inherent in Work of the character provided
for in these Contract Documents.
B. Notice by Contractor. lf he Contractor en@unters mnditions it believes constitute Differing Site
Conditions, then notce of such mnditions shall, before such mnditions are disturbed, be promptly
reported to the Director followed within twenty{our (24) hours by a further witten notice stating a
detailed description of the mnditions encountered,
C. The Director wll promptly investigate the mnditions and ll he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decre6e in he
Contracto/s cost of, or time required for, performance of any part of he Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Chanoe Order Request. lf Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Differing Site Conditions, it must, within ten (10) Days afrer the Discovery Date
relative to such conditions, submit a Change Order Request setbng forh a detailed cost bteakdown
and Time lmpact Analysis, in the form required by Article 6 of these Genenl Conditions, of the
additional Allowable Costs and Excusable Delay resufting from such Differing Site Conditions.
ARTICLE 1O
GC$8
E. Failure to Comoly. Failure by Cont'actor to stictly mmply with the requirements of this Paragraph
10.03 mnceming the timing and mntent of any notice of Differing Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver of any right by the Cont'actor for an adjustment in he Contract Sum or Confact Time by
reason of such conditions,
F. Final Completion. No claim by the Contractor for additional compensation for Differing Site
Conditions shall be allowed if asserted afrer Final Payment.
G. ln the event of disagreement betu een the Contractor and fie Director whetfrer he condrtions do
materially difier or wheher a hazardous waste is involved or whether the mnditions cause an
increase or decrease in the Contractor's cost of, or time required for, perlormance of any part of he
Work, the Contractor shall not be excused from any mmpletion date required by the Contract, but
shall proceed with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requiremenb of, this
Contract which pertain to the resolution of disputes and protesb.
l. Contractor Responsibility. Except as othenrvise povided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional mst and Delay due to concealed or
unknown conditions, surface or subsurface, at he Site or in Existing lmprovemenb, without
adjustment to the Contract Sum or Conhact Time.
10.04 TMFFICREGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary temporary
fences, bridges, railings, lights, signals, baniers, or other safeguards as shall be appopriate under
the circumstance in his/her judgment for he prevention of accidents; and he/she shall take other
precautions as necessary for public safe$ including, but not limited to, traffc control. Traffc control
shall be conducted in accordance with the latest edition of the Work Area Traffic Contol ('WATCH")
handbook, published by BNi Books, and as directed and approved by he City Tnffic and
Transportation Administrator.
B. Conhactor shall submit at least ten ('10) Working Days prior to Work a detailed traffc control plan, that
is appoved by all agencies having jurisdiction and that mnforms to all requirements of the
Specifications.
No changes or deviatons from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, witfrout prior approval of the City Traffic and
Transpo(ation Administrator and all agencies having jurisdiction,
Contractor shall immediately notrfy the Director, the City Traffc and Transportation Adminisfator and
the agencies having jurisdiction of occurences that necessitate modification of the approved traffic
control plan.
D. Contracto/s failure to mmply with this provision may result in actions as provided in Artrcle 5:
'Suspension or Terminaton of Contracfl of these General Conditions.
ARTICLE ,10
GC$9
TRAFFIC CONTROL DEVICES
A. Traffc signs, flashing lighb, banicades and other traffc safety devices used to confol taffic shall
conform to the requircmenb of the WATCH handbook or the manual of traffc control, whichever is
more stringent, and as appoved by he City Traffic and Transportation Administrator.
'1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.
2. Waming signs used for nighttime mnditions shall be reflectorized or illuminated. 'Reflectorized
signs" shall have a reflectorized backgound and shall conform to the cunent State of Califomia
Department of Transportation specification for reflective sheeting on highway signs.
B. lf the Contractor fails to provide and install any of the signs ortraffic contol devbes required herby or
ordered by the City staff, stafi may cause such signs or Faffc contol devices to be placed by oters,
chaBe he msts herefore against the Contractor, and deduct the same from the next progress
payment.
EXECUTION
A. The Contractor shall povide written notification to fre Police Departrnent at he address below:
Police Chief Daniel Calleros
Vemon Police Deparhent
4305 Santa Fe Avenue
Vemon CA, 90058
Noffication shall be sent at least trr'o (2) weeks prior to the beginning of mnstuction at any particular
location. Notifications will inchde the specific location, pro.iect dates, what lanes of the roadway will be
closed and when. Also tre mnstruction plDject manage/s name and busines phone number and
the construction inspecto/s name and business phone number.
B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at he mmpletion of
any posting of tempomry no parking signs. Notifcation will include he times, dates and locations of
the posting. When vehicles must be towed for violation of temporary no parking signs, tre person
wlro actually posted he signs, or on-view supervisor of hat posting, will be present t0 answer
pednent questions that may be asked by the parking enbrcement offcer or police oficer towing the
vehicles.
C. The Conhactor shall notify the Vemon Fire Department, on a dailv basis during the entire period that
construction is in progress whenever oadways are reduced in width or blocked, Notification shall be
made to the Fire Dispatch (323) 583-4821 and the Contactor shall provide the information required to
identify wtrich roadways nould have accessibility poblems due to his/her operations. The Cont"actor
shall submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference ftom tlre Work mvered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Cont'actor until the Work is fnished, Except
where public roads have been approved for closure, traffc shall be permitted to pass through
designated traffc lanes with as litte inconvenience and delay as possible.
ARTICLE,lO
GC-70
r0.05
E. Where altemating oneway faffic has been authorized, the maximum time that traffic will be delayed
shall be posted at each end of lhe on+way taffic section. The maximum delay time shall be
approved by lhe agency having jurisdiction.
F. Contretor shall install temporary traffic markings where required to direct he flow of traffic and shall
maintain the traffic markings for the duration of need. Contractor shall remove the markings by
abrasive blasting when no longer required.
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. TempoEry approaches to, and crossing of, intersecting t"ffc lanes shall be provided and
kept in good mndition.
H. When leaving a Work area and entering a oadway carying public traffic, the Contracto/s equipment,
whether empty or loaded, shall in all cases yield to public Faffic.
10.07 FLAGGING
A. C,ontractor shall povide flaggers to contol t"affic where r€quired by the approved traffic mntrcl plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the curent 'lnstructions to Flaggers" of the Califomia Deparlment of
Transportation.
2. Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08 PEDESTRIA}I CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vemon br requiremenb for building or access road safeg improvements that the Contractor
shall construct during mnstruction priod. These devices or improvements, as he City deems necessary or
prudent, shall be at the expense of the Conhactor.
[END OF ARTICLE]
ARTICLE 1O
GC-71
ARTICLE 11 - INDEMNITY
11.0I INDEMNITY
To the maximum extent permitted by law, the Contsactor shall fully indemniry, hold harmless, protect, and
defend the City, its officers, employees, agenb, representatives and heir successors and assigns
('lndemnitees') fiom and against any and all demands, liability, loss, suit, claim, action, cause of action,
damage, mst, judgment, settlement, decree, arbitration award, stop notice, pnatty, loss of revenue, and
expense (including any fees of accountanb, attomeys, expeft or other professionals, and costs of
investigation, mediation, arbit'ation, litigation and appeal), in law or in equity, of every kind and nature
whaboever, arising out of or in connection wih, resulting fiom or related to, or claimed to be arising out of the
Work performed by Contractor, or any of its offcers, agenb, employees, SubcontractoE, SutrSubconfactors,
design mnsultants or any person for wtrose acb any of fiem may be liable, regardless of whether such claim,
suit or demand is caused, or alleged to be caused, in part, by an lndemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or deah to any persons;
B. lntingement of any patent rights, licenses, copyrights or intellectual property which may be bought
against the Contractor or City arising out of Contracto/s Work, for which the Contractor is
responsible;
C. Stop notices and claims for labor prformed or materials used or fumished to be used in the Work,
including all incidental or mnsequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subconhactors to mmply with he provisions for insunance;
E. Failure to comply witr any Govemmental Approval or similar auhorization or orde[
F. Misrcpresentation, misstatement, or omission with respect to any statement made in or any document
fumished by the Contactor in mnnection terewith;
G. Breach of any duty, obligation, or requirement under the Contract Documenb;
H. Failure to provide notice to any Party as required under he Conhact Documents;
l. Failure to protect he poperty of any utility povider or adjacent property ownec or
J. Failure to make payment of all employee benefrb.
This indemnity provision is efiective regardless of any prior, mncunent, or subsequent active or passive
negligence by lndemnitees, except hat, to the limited extent mandated by Califomia Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise from the sole negligence or willfttl mismnduct
of lndemnitees or anse from the active negligence of City.
11.02 ENFORCEMENT
Contractois obligations under this Article extend to claims occuning afrer temination of the Cont-actois
performance of the Conhact or Final Payment to Cont'actor. The obligations apply regardless of any actual or
alleged negligent act or omission of lndemnrtees. Contractor, hou/ever, shall not be obligated under this
Agreement to indemnify an lndemnitee for claims arising from the sole active negligence or willful misconduct
of the lndemnitee or independent contractors who are directly responsible to lndemnitees. Contractot's
ARTICLE 11
GC-l2
obligatons under this Artrcle are in addition to any other rights or remedies which tire lndemnitees may have
under the law or under the Contract Documents. ln the event of any claim, suit or demand made against any
lndemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under
the Contract for the purpose of resolving such claims; povided, ho!\€ver, that the City may release such funds
if the Contractor provides the City with reasonable assur.rnce of protection ol the Citys intercsts. The City
shall in its sole discretion determine whether such assurances are reasonable.
r'r.03 No LtMtTATtoNs
Conbactot's indemnifcation and defense obligations set forth in this Article are separate and independent from
the insurance povisions set forth in Article 12 herein; and do not limit, in any way, the applicability, smpe, or
obligations set forth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an
employee of the Contractor, a Subconfactor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contactois rndemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers' compensation acts, disability benefits acb, or other employee benefiB acts.
[END OF ARTICLE]
ARTICLE 11
GC-73
ARTICLE 12 - INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall not commence Work under this Contract until Confactor has obtained all insurance required
hereunder fiom a mmpany or mmpanies acceptable to City, nor shall the Contsactor allow any Subcontmctor
to mmmence Work on a subcontract until all insurance required of said Subcontractor has been obtained.
Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 1 must be
submitted by he Contractor prior to the City's execution ofthe Contract.
12,02 MINIMUMCOVERAGEANDLIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit 1 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Confactor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nohing contained in the Contract Documents
or any otnr agreement relating to City or its operations limits the applioation of such insurance
mverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to Cry and appoved in writing by
the City Aftomey or City's Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNIWOBLIGATION
This Agreement's insurance provisions:
A. Are separde and independent from the indemnification and defense provisions in Article '12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations ofthe indemnification and defense
provisions in Article 12 of the Agreement.
IEND OF ARTTCLEI
ARTICLE 12
GC.74
ARTICLE.I3- BONDS
I3.()I NO REQUIRED BONDS
IEND 0F ARTTCLEI
ART CLE 13
GC-75
ARTICLE 14 - LABOR PROVISIONS
14.0I WORKING HOURS
Work or activig of any kind shall be limited to the hous from 7:00 a.m. to 7:00 p.m. No mnsfuction
noise shall be permitted b€tween the hours of 7:00 p.m, and 7:00 a.m. of the next day.
Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires pnor
consent of the Director and is subject to Cost of Overtime Construction lnspection.
Night, Sunday and Holiday Work. No Wo* shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Yea/s Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial
Day, lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following
Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the
permission of the Director, and accordance with such regulations as he/she shall fumish in writing.
Before performing any Work at said times, except Work pertaining to the public safety, the
Contractor shall oive written notice to the Director so that proper inspection may be provided.
'Night' as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M.
of the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
overbme construction Work performed at the option of, or for the convenience of, the Contractor will
be inspected by the City at the expense of the Conhactor. For any such overtime beyond the regular
8-hour day and for any time worked on Safurday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.
Equipment, materials, or services povided by the City, in mnnection with Conhactor-initiated
overtime conshuction Work described in Paragnph 14.02(A), wrll also be at the expense of the
Conhactor. The charges will be determined by the City, and submitted to the Contsactor for payment.
There will be no charges to the Contractor for the inspection of ovedme Work ordered by the Director
or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE I.ABOR CODE
Contractor shall comply with fie provisions of the Labor Code of the State of Califomia and any
amendments thereof.
'1. The time of service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any onecalendar day, and 40 hours during any oneralendar week.
2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40
hours during any one calendar week, shall be permitted upon compensaton for all houIs worked
in excess of eight (8) hours per day at not less than one and on+half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed
by him/her in connection with fie Work; the record shall be kept open at all reasonable hours to
the inspection of the City and to the Division of Labor Standards Enforcement of the State ol
Califomia.
ARTICLE 14
GC-76
B
B
C.
4. ln the event City deems Contractor is in violation of this Paragraph 14.03, he Contractor shall, as
a penalty, forfuit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contractor or by any Subcontractor for each calendar day for which tre employee was
underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent
violatjon, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sufficient to mver
underpaid wages, This subparagraph is effective to the extent it does not directiy mnflict with the
overtime pnalty povision of Califomia Labor Code Section 558. ln the event of such mnflict,
the Califomia Labor Code govems overthis Paragraph 14.03(AX4).
14.04
A.Prevailing Wages
1.Contractor shall mmply with he general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which fre Work is to be
performed, for each craft, classification, or type of worker needed to execute the Contract. The
Director of the Department of lndustrial Relatons of the State of Califomia (pursuant to
Califomia Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bamn
Act) have determined the general prevailing rates of wages in the locality in which the Work is
to be performed. The rates are available online at wwwdir.ca.oov/DLSRIH/VD/. To the extent
that there are any differences in the federal and state prevailing wage rates for similar
classifications of labor, the Contractor and ib Submntractors shall pay the highest wage rate.
The Conhactor shall post a copy ofthe general prevailing rate ol per diem wages at the job site.
The Contactor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution ofthe Contract.
The holidays upon which such rates shall be paid shall be all holidays recognized in the
collective bargaining Contract applicable to the particular craft, classifcation, or type of worker
employed on the proiect.
The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the
Contractor or by any Subcontractor under him. The difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or portion thereof for which
such worker was paid less than the stipulated prevailing wage rate shall be paid to such
worker by the Contractor.
The specified wage rates are minimum rates only and the City will not mnsider and shall not
be liable for any claims for additional compensation made by the Contractor because of
payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in
regard to the payment of wages in excess of those specified herein shall be adlusted by the
Contractor at his/her own expense.
Payroll Records
'1. Pursuant to Califomia Labor Code Section 1776, the Contractor and each Subcontractor shall
keep an accurale payroll record, showing the name, address, social security number, Work
ARTICLE ,14
GC-77
2.
3.
4.
5
6
B.
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each joumeyman, apprentice, worker or other employee employed in
connection with the Work. The payncll records shall be certified and shall be available for
inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by he Director, the Contractor shall provide a copy of the certified payroll records
along with a statement ofcompliance.
14.05
contract.
A. Compliance with Califomia Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the joumeyman
hours to be perrormed under the Contract, the numb€r of apprentices to be employed,
and the approximate dates the apprentices will be employed. Use Form DAS-'140 from
the State Department of lndustrial Relations. The City reserves the right to require
Contractor and Subcontractors to submit a copy of said forms to the City.
2. Employ apprcntices for the public work at a ratio of no less than one (1) hour or
apprentice work for every five (5) hours or labor performed by a joumeyman. To request
dispatch of apprentces, use Form DAS-142 from the State Department of lndustrial
Relations. The City reserves the right to require Contractor and Subcontractors to submit
a copy of said forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are
registered, as defined in Labor Code Section 3077.
4. Contribute to the training fund in tle amount identified in the Prevailing Wage Rate
publication for joumeyman and apprentices. Contractors who choose not to contibute to
the local training trust fund must make their contnbutions to the Califomia Apprenticeship
Council, P.O. Box 420603, San Francisco, CA94142.
B, Failure to comply with the proMsions of Califomia Labor Code Section 1777,5 may result in the loss
of the right to bid or perform uork on all public works pojects for a period of one to three years and
the imposition of a civil penalg of One Hundred Dollars (9100.00) for eeh calendar day of
noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violaton. Contractor should make a separate
copy of this material for each of his/her Subcontractors.
ARTICLE 14
GC-78
C. Payroll Records, The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each joumeyman
apprentice, worker or oher employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the
Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26
from the State Department of lndustrial Relations) shall be completed for each Contractor and
Subcontractor of any tier who pays benellts to a third party trust, plan or fund for health and welfare
benefib, vacation funds or makes pension contributions. The form must contain, for each worker
classilication, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contributions. Training fund contributions shall also be reponed in this form.
City reserves the right to require Contractors and SubcontractoB to submit a copy of said forms to
the City.
I4.06 EMPLOYMENTOFAPPRENTICES
A. ln the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions mnceming the employment of apprentices in the Labor Code of the State of Califomia
and any amendments thereof.
B. ln the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid
provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for
noncompliance in the Labor Code of the State of Califomia and any amendments thereof.
14.07 CHARACTEROFWORKERS
The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee
thereol to trespass on premises or lands in the vicinity of the Work. only skilled foremen and workers shall
be employed on Work requiring special qualifications, and when required by the Director, the Contractor
shall discharge any person who commits trespass, or in the oprnion of the Director, acts in a disorderly,
dangerous, insubordinate, incompetent, or otherwise objectionable manner, Any employee being
intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be
discharged. Such discharge shall not be the basis of any claim for compensation of damages against the
City or any of its officers, agents, and employees.
14.08 NO SMOKING - STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contracto/s control, are prohibited from smoking in- or witfrin a 2ojoot distance from- the Site, which is a
"place of employment' under Califomia Labor Code g 6404,5.
[END OF ARTICLE]
ARTICLE 14
GC-79
15.01 SUBMISSION OFCLAIMS
A' BY Contractor
specificity the events or circumstances
effect, if anY, on the mmPensalion
Construction Contract Such Stateme
substantiate the disputed Claim Adequ
the Contracto/s obligations relative to ti
descriPton of the impact of
data to a Statement of Dis
include a detailed cost breakdown and s
information and other suppofting data
amount of, the claim
B. BY CitY
er relief claimed by City as a result of such events'
C. Claims Defined
Theterm.claims"asusedhereinshallbeaSdefinedinCalifomiaPubliccontractcodes
20104(b)(2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the claims Dispute Resolution Process in the sequence
il;; ".}[;ili.;. Each party ,r,ii p*t".ip.t ,ty and .in
good iaith. in each step in the claims Dispute
Resolution process, wtrich good taif''ef;,lrt stiafiUe a'conArtion precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process
A Dhecl Negotiations
Designated re
ten (10) DaYs
to the Claim.
with full knowledge of the details of the Claim
authority to resolve such Claim then
Council [or other City offcial] appro
the assertion of a right or claim by a
Contractor against City, then such Subcon
ARTICLE ,15
GC{0
negotiations, with the same authority and knowledge as iust described yryl-Tll]1g "f th'
mJeting, if the C1aim-isnot resolved, the parties may either mntinue the negotiations or eiher party
may declare naoriationi endeo.
'Att
oiscussions hat occur during such negotiations and all
documen6 prepareO ioieiy tor tt'e purpose of such negotiations shall be confidental and pdvileged
pursuant to balifomia Evidence Code Sections '1119 and 1'152'
B. Defenal of Claims
required by Paragraph 15 02-A, all unresolved Claims'
than the Contractor and City, shall be defened pending
the claims Dispute Resolution Process p
not elect to proceed witr the Claims Dis
Work, all Claims that have been defened
reasonable time after such Final Comple
Claims Dispute Resolution Process No
Iimiting the parties' righb to continue info
such Final Completion; provided, however
altenng the provisions of this Article 15 de
Claims until after Final Completion ol the Work'
C. Legal Proceedings
lf the Claim is not resolved by direct negotiations then $e party wishing to furttrer pursue resolution or
determination o{ the claim shatt submit-the claim for determination by commencing legal proceedings
in a court of competent jurisdiction'
1s.03 N0WAMR
Participation in the Claims DisP
any delense of either Party, inc
Contractor that are the basis of
Contract Documents, including' without limitation
providing notices or for submission or supporting documentation of Claims'
lEN0 oF ARTICLEI
ARTICLE 15
GC-81
,I6.01 MAII{TENANCE OF RECORDS
contractor shall keep, and shall include in its contrach with its subcontractoc, provisions requiring ib
subcontractors to keep full ,nJ oririr.o books and records in accordance with the requirements of the
Contract Documents, including the following: all i
samples, exemplars, Drawings, Specifications,
checks, memoranda; accounting records; iob co
covering negotiated settlements); backcharge; g
eamed; insurance rebates and dividends, and ot
Construction Change Directives, Work Directi
asse(ed by Contractor or any Subcontractor
controls as may be necessary for proper financi
systems shall comply with prevailing custom a
sirall include preservation of such records for
Completion and Acceptance by City, or for such
16.02 ACCESS TO RECORDS
contmctor shall allow, and shall include in its contracts with its subcontractors provisions requiring its
and its authorized representative(s), auditors, attomeys and accountants' upon
io Contractor, tult access to inspect and copy all books and records relating to
required to maintain pursuant to Paragraph 16 01, above
Contractor's compliance with Paragraphs 160
maintenance of any legal action or arbitralion by
upon City's other rights and remedies for breach,
the Contract Documents, City shall have the rig
released to Contractor.
16.04 SPECIFIC ENFORCEMEI{T BY CITY
Contractor agrees that any failure by Contractor
records as required by this Article 16 shall be sp
permanent mandatory iniunction by a court of
court and without the necessity of oral testimo
and/or reproduction of such books and records
inspection, audit andior reproductlon.
ARTICLE 16
GC{2
[END OF ARTICLE]
ARTICLE 16. ACCOUNTING RECORDS
CONTRACTOR NONCOMPLIANCE. WTHHOLDING
17.01 COMPLIANCE WTH APPLICABLE LAWS
A. Notices, ComPliance
Contractorshallgiveallnoticesrequiredbygovemmentalauthoritiesandcomplywithall
applicable laws aid lawful orders of govemmental authorities, including but not limited to the
provisionsofthecalilomiaCodeofRegulationsapplicabletomntractorsperforming
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety,
p+evailing-r*age and equal employment opportunities'
B. Taxes, EmPloYee Beneftts
contractor shall pay at ib own expense, at no cost to the civ and without adjustrnent to the
contmct sum, all local, state and federal taxes, lncluding, without limitation .all sales,
consumer, business license, use and similar taxes on materials, Iabor or other items
fumished ,or the work or prtions thereof povided by contractor or subcontmctors, all
taxes arising out of its operations under the contract Documents and all benefits, insurance,
taxesandmntributionsforsocialsecurityandunemploymentinsunancewhichare
measuredbywages,salariesorotherremunerationpaidtoContracto/semployees.lfunder
federal excise tax law any transaction hereunder mnstitutes a sale on which a federal
excisetaxisimposedandtfresaleisexemptfromsuchexcisetaxbecauseitisasaleto
meat for its exclusive use, then city, upon request, will execute documents necessary to
show that is a political subdivision oi the State for ttre purposes of such exemption and that
the sale is for the exclusive use of he city, in which case no excise tax for such matelials
shall be included in the Bid or Contract Sum.
C. Notice of Violations
Confactor shall immediately noti{y th
from the City, Director, Architect or
a violation of any applicable law or I
fails to provide such notice, then Di
instruction and lawful orders of govemmental
auhorities of the Drawings and Specifications or
Work are orders of govemmental authorities' or
Shou|dContractorbecomeawareofmnditionsnotcoveredbyheconbactDoc-umenb
rrvhich will result in Work being at variance therewith, Contrdctor shall promptly notify Director
in witing. lf, wrthout such noiice to Director, confactor or any subconfactor performs any
workwtricnitknew,orthoughtheexerciseofreasonablecareshouldhaveknown,was
confary to lawful orders of govemmental authorities or applicable laws, hen qnrdchl
shall bear all resulting lossesh its own expense, at no cost to city and without adjustment
to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
A" Property of CitY
All Design Documenb, contract Documents and Submittals (including, without limitation, all
picted therein are and shall remain
shall solely and exclusively hold all
nder his Paragraph, the Cont'actor
ARTICLE 17
GC-83
and Subcontractors are g6nted a lim ed, non€xclusive license, revocable at will of City, to
use and Eproduce ap[ticable portions of the contract Documents and submittals as
appropriate io and for use in the execution of ttre Work and for no other purpose'
B. Documenb on Site
ConFactorShallkeepontEPmjectsite,atalltimesandforusebyCity,Director,lnspectors
of Record and city's consultanb, a complete set of the contract Documenb that have been
approved by applicable Govemmental Authonhes.
C, Delivery to CitY
All Design Documents, Contract Documents and Submittals in the possession of Contmctor
or Subcontractors shall be retumed to the City upon
termination of the Constuction Conhact; ptovided, h
Subcontractor shall have the right to retain one (1) co
Submittals for its permanent records
D. Subcontraclors
Contractor shall take all necessary steps to assure that a provision is included in all
SubcontractswithSubcontactors,ofeverytier,whoperformWorkontheProiect
establishing,protectingandpreservingthe,City'srightssetforthinthisParagraph'
17.03 AMENDMENTS
The contract Documents may be amended only by a Mitten instrument duly executed by the
parties or their respective successors or assigns.
17.04 WAIVER
Either party,s waiver ol any breach or failure to enforce any of the terms, covenants, conditions or
other povLions of the Contract Documents at any time shall not in any way limit or *,pe that
party's right theeafrer to enforce or compel strict compliance with every term, covenant, mnditjon
or oiher provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the
parties make and implement any interpretation of the conttact Documents without documenting
such interpretation by an instrument in writing signed by both pailies, such interpretation and
implementation tfrereof will not be binding in the event of any future disputes'
,I7.05 INDEPENDET{TCONTMCTOR
contractor is an independent contractor, and nothing contained in the contract Documents shall be
construedasmnstitutinganyrelationshipwithCityotherthanthatofProjectownerand
independent contractor. in no event shall the relationship between City and Contractor be
construed as creating any relationship whatsoever between city and conhacto/s employees.
Neithercontractornoranyofitsemployeesisorshallbedeemedtobeanemployeeofcity,
Except as othenrvise sp"iified i, the Contract Documenb, Contractor has sole authonty and
responsibility to employ, discharge and otherwise control its employees and has complete and sole
responsibility as a principal for its agents, for all subcontractors and for all other Persons that
Contractor or any Subcontractor hires to perform or assist in performing the Work'
ARTICLE 17
GCT4
17.06 SUCCESSORSANDASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and
their permitted successors, assigns and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents,
inciuding rigitis with respect to the payment and performance Bonds, to (a) any other
govemmental peBon as permitted by govemmental rules, provided that the Successor or
issignee has assumed all of City's obligations, duties and liabilities under the Contract
Documentthenineffect;and(b)anyotherPersonwiththepriorwrittenapprovalof
Contractor.
B. contractor may collaterally assign its rights to receive payment under the contract
Documents.Contretormaynotdelegateanyofitsdutieshereunder,exceptt0
SubcontractoB as expressly othenJvise permitted in the Contract Documenb. Contracto/s
assignment or delegation of any of its Work under the Contract Documents shall be
ineffuctive to relieve Contractor of its responsibility for the Work assigned or delegated,
unless City, in its sole discretion, has approved such relief tom responsibility'
Any assignment of money shall be subject to all proper setdfs and withholdings in favor
of City and to all deductions provided for in the Contract. All money withheld, whethel
assigned or not, shall be subject to being used by city for completion of the work, should
Contractor be in default.
c. Except for the limited circumstances set forth in Paragraph 17.06-8, above, .contractor
may not, without the prior written consent of City in its sole discretion, voluntarily or
involuntarily assign, convey, transfer, pledge, mortgage or othenflise encumber its. righb
or interests under the contract Documents. No partner, joint venturer, member or
shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otheMise
encumber its ownership interest in Contractor without the prior written consent of City, in
City's sole discretion.
17.07 suRvlvAL
Contractor,s representations and wananties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Contract and/or Final Acceptance, shall survive the termination of the Contract and he Final
Acceptance Date.
I7.08 LII'ITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party
beneiciary hereunder or to authorize anyone not a party hereto to maintain a suit for personal
injury or property damage pursuant to the terms or provisions hereof, except to the extent that
speiilic provisions (such as the wananty and indemnity provisions) identify third parties and state
that they are entited to benefits hereunder. The duties, obligations and responsibilities of.the
parties to the Contract Documents with respect to such third parties shall remain as imposed by
iaw. The Contract Documenb shall not be mnstrued to create a contractual relationship of any
kind between City and a Submntractor or any other Person except Contractor'
I7.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of City when
carrying out the provisions of or exercising the power or authority granted to them under the
ARTICLE,lT
GC-85
Contract. They shall not be liable either personally or as employees of City for actions in their
ordinary course of emPloyment.
No agent, consultant, council member, officer or authorized employee of city, shall be personally
responsible for any liability arising under the Contract,
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estoppd by any measurement'
estimate or certificate made or given by tre City representative or other officer, agent, or employee
of City under any provisions of the Contract from at any time (either before or after the final
completion and acceptance of the work and payment therefor) pursuant to any such
measurement, estimate or certificate showing the true and conect amount and character of the
work done, and materials fumished by contractor or any person under the contract or from
showing at any time that any such measurement, estimate or certificate is untrue and inmnect, or
impnoperly made in any particular, or that the work and materials, or any part thereof, do not in fact
conform to the contract Documents. Notwittrstanding any such measurement, estimate or
certificate, or payment made in accordance theEwith, city shall not be precluded or estopped from
recovenng from contractor and its Suretres such damages as city may sustain by reason ol
Contractods failure to comply or to have complied with the Contract Documents'
17.11 GOVERNING t-AW
The laws of the State of Califomia govem the mnstruction and interpretation of the Contract
Documents, without regard to conflict of law principles. unless the contract Documents provide
otheMise, any reference to laws, ordinances, rules, or regulations include their later amendment,
modifications, and successor legislation. lf Contractor or City brings a lawsuit to enforce or
interpret one or more provisions of the contract Documents, .iurisdiction is in the superior court of
the iounty of Los Angeles, Califomia, or where othenrise appropriate, in the United States District
Court, Central District of Califomia. Contractor and City acknowledge that the Contract Documents
were negotiated, entered into, and executed--+nd the work was performed-in the city of vemon,
Califomia.
17,12 FURTHERASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents
and assurances as are reasonably requested by city to further evidence the obligations of
Contractor hereunder, including assurances regarding assignments of Subcontractors mntained
herein.
17.I3 SEVERABILITY
lf any clause, provision, section, paragraph or part of the contract is ruled invalid by a murt having
proplr jurisdiition, then the parties shall: (a) promptly meet and negotiate a substitute for such
clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible,
effect the original intent of the parties, including an equitable adjustrnent to the Contract Price to
account for any change in tre work resulting from such invalidated portion; and (b) if necessary or
desirable, apply to the court or other decision maker (as applicable) which declared such invalidity
for an interpretation of the invalidated portion to guide the negotiations. The invalidity or
unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance o, the Contract, which shall be construed and enforced as if the
Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
ARTICLE 17
GC-86
17.14 HEADINGS
The captions of the sections of the contract are for convenience only and shall not be deemed part
of the Contract or considered in construing the Contract'
17.15 ENTIREAGREEMENT
The Contract Documents contain the entire understanding ol the parties with respect to the subject
matter hereof and supersede all prior agreements, undectandings, statemenE, representations
and negotiations between the parties with respect to its subject matter'
17.,I6 COUNTERPARTS
This instrument may be executed in two or more munterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument'
IEND OF ARTICLEI
ARTICLE ,17
GC{7
EXHIBIT 1
INSURANCE REQUIREMENTS
I.(} REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and mainhin - and shall require each of its
Subcontractors to obtain and maintain - for tre duration of tire Agreement, policies of insurance meeting the following
requiremenb:
A Workers, Compensation/Employer's Liability lnsurance shall provide workers' compensation
statutory benefib as required by law.
1. Employer's Liability insurance shall be in an amount not less than:
(a) ONE M|LL|ON DOLLARS ($1.000.000) per accident for bodily injury or disease;
(b) ONE MlLLloN DOLLARS ($1.000,000) per employee for bodily injury or disease;
and
(c) ONE MILLION DOLLARS ($1.000.000) policv limit.
B. Commercial General Liability (,,cGL") (primary). city and its employees and agents shall be
added as additional insureds, not limiting coverage for the additional insured to 'ongoing operations' or in any way
excluding mverage for completed operations. Coverage shall apply on a primary, non+ontributing basis in relation to
any othei insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
mntain no m-ntractors' limitation or other endorsement limiting the smpe of coverage for liability arising from explosion,
collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liabil'tty specffied as follows:
(a) ONE MILLION DOLLARS ($1,000,000) per occunence for bodily injury (including
accidental deah) to any one PeMn;
(b) ONE MILLION DOLLARS ($1.000.000) per occunence for personal and
advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1.000.000) per occunence for property damage; and
(d) TWO MILLION DoLLARS ($2.000.000) general aggregate limit.
2, CGL insurance must include all major divisions of covenge and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground [X'C,U"]
mverages as applicable);
(b) lndependentContracto/sProtective;
(c) lndependentContractors;
EXHIBIT 1 _INSUMNCE REQUIREI.,ENTS- 1 Of 6
(d)ProducbandcompletedOperations(maintainSamelimitsasaboveuntilfive(5)
years after recordation of Notice of Completion)
(e) Personal and Advertising lnjury (witr Employe/s Liability Exclusion deleted);
(0 Contactual Liability (including specified provision for Contracto/s obligation under
Article 11 of the Genenal Conditions); and
G) Broad Form PrcPertY Damage.
3. bility lnsurance ( , shall be at least as broad
ragi. Coverage ay on behaf basis, wth
in idoition to pot no cross liability exclusion
and no mnfactor,s limitation endorsement. The policy shall have starting and ending dates
concurcnt with the underlying covenges. The Named lnsured may determine the layering
of primary and excess liability insurance provided that if such layering differs from that
described here, the actual coverage program meeE the minimum total rcquired limits and
complies with all otrer requirements listed here.
C. Business Automobile Liability lnsurance
1. Business Automobile Liability lnsurance must cover all vehicles, whether rented, leased,
hired,scheduled,ovmedornon{$med.lfContractordoesnotownanyvehicles,ttis
requirementmaybeSatisfiedbyanon{wnedvehicleendorsementtohegeneraland-..
u.bretta liabititypoticies. Business Automobile Liability lnsurance coverage amounts shall
not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000) per occunence for bodily injury (including
accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1 .000.000) per occunence for property damage; or
(c) ONE MILLION DOLLARS ($1.000.000) combined single limit'
Contractors Pollution Liability lnsurance (CPL)
1.
2.
Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
contfact contractors Pollution Liability insurance that provides coverage for liability caused
by pollution mnditions arising out of the operations of tre Contractor. Colerage shall be
iniiuded on behalf of tire insured for mvered claims arising out of the actions of independent
mntEctors. ll the insured is using subconhactors, the policy must include work performed
'by or on behatf of ttte insured.
The policy limit shall provide mverage of no less than one million dollars ($1'000,000) per
claim and' in the aggregate. Coverage shall apply to bodily iniury; property damage,
including loss of uie oidamaged property or of poperty that has not been physically inured;
cleanuimsts; and msb of defense, including cosb and expenses incuned in the
investjgation, defense, or setflement of claims,
EXHIBIT 1- INSUMNCE REQUIREMENTS - 2of 6
3. All activities mntemplated in he ContEct shall be specffically scheduled on tre CPL policy
as,coveredoperations.'lnaddition,thepolicyshallpovidemverageforttlehaulingof
waste from the prolect site to the final disposal location, including non{wned disposal sites.
4. The policy shall specifically povide for a duty to deJend on the part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
2.0 GENERALREQUIREMENTS-ALLPOLICIES
A. oualifications of Insurer, At all times during the term of this Contract, Contracto/s insurance
company must meet all of the following requiremenb:
1 . .Admitted' insurer by the State of Califomia Department of lnsurance or be listed on the
Califomia Departrnent of lnsurance's 'List of Surplus Line lnsurers' ('LESLI');
2. Domiciled within, and organized under the laws ol, a State ofthe United States; and
3. Cany an A.M Best & Company minimum rating of 'A:Vll''
B. C For insurance coverages that are required to remain in force_after the
Final payment, and , Contractor shall submit to City, with thelinal Application lor Payment, all
ce ficatls and add ments evidencing the continuation of such coverage'
C. Deductibles or Self-lnsured Retentions. All deductibles or self-insured retentions are subject to
City's review and approval, in its sole discretion.
D. Commercial General Liability and Busines Automobile insurance policies must be Mitten on an
,occunence' basis and must add tfre city of Vemon and iE officers, agenb, employees and representatives as
additional insureds.
E.contracto/slnsurancePrimary.otherinsurance(whetherpnmary,excess,contingenlorself-
insurance, or any other basis) available to city, or its representatives, or both, is excess over contracto/s insurance'
City's insurance, or self-insurance, or both, will not contribute with Contractois insurance policy,
F. waiver of subrogation. contractor and contractois insurance company waive- and shall not
exercis+- any right of recovery or subrogation that contractor or the insurer may have against city, or its
representatives, or both,
G. Separation of lnsureds. Contractor's insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits of liability.
H. Claims by Other lnsureds. Contracto/s insurance policy applies to a claim or suit brought by an
additional insured against i Named lnsured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
l. Premiums. city is not liable for a premium payment or another expense under contractol's policy
J.Atanytimeduringthedurationofthiscontract,Citymaydoanyoneormoreofthefollowing:
1. Review this Agreement's insurance coverage requirements;
EXHIBIT 1 - INSUMNCE REoUIREMENTS -3 of 6
2. Require that contractor obtain, pay for, and maintain more insurance depending on City,s
assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nalure or number of accidents, claims, or lawsuits alising out of, or in any
way connected with, the services ol Contractor under this Agreement; or
(c) The availability, or afiordability, or both, ol increased liabili$ insurance coverage.
3. an insurance coverage) from a
for liability, or msts, or both,
or defense of a claim or a suit
arising out of this Agreement; or
K. contractor shall maintain the insurance policy without interuption, from the Poject's
commencement date to the Final Payment date, or until a date that City specifies for any mvenge that Contractor
must maintain after the Final Payment.
L. contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contracto/s insurance company shall mail City written notice at least thirty (30) days in advance of the policy's
icy
M. At any time, upon city's request, contractor shall fumish satisfactory proof of each type of insurance
ioraog. oqu*o- including a certified copy ofthe insurance policy or policies; certificates, endorsemenb, renewals,
or repla'cements; and docum6nb mmprising'Contracto/s self-insurance prograrn- all in a form and mntent
acceptable to the City Attomey or City's Risk Manager.
N. ll contractor hires, employs, or uses one or more subcontracto(s) to perform work, services,
operations, or activities on Contracto/s behilf, Contractor shall ensure trat the Subcontractor mmplies with the
following.
1. Meets, and fully complies with, this Agreements insurance requirements; and
2.FumishesCityatanytimeuponitsrequest,withacompletecopyoftheSubcontracto/S
insurance policy or policies for city's review, or appmval, or both. Failure of city to
request copies of such documents shall not impose any liability on City, or its employees.
o. contracto/s failure to comply with an insurance pmvision in this Agreement constitules a matenal
breach upon which City may immediately terminate or suspend Contracto/s performance of this Agreement, or
invoke another remeOi ttraittrls ngre€mlnt or the law allows. At its discretion and without waiving any other rights it
,ay nau" pursu"nt to'law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the
pr.hirr..' Upon demand, Contractor shall repay City for all sums or monies that city paid to obtain, renew, or
reinstate the insurance, or Ci$ may offset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
EXHIBIT 1- INSUMNCE REQUIREMENTS-4 of 6
A, Contractor shall have its insurance carde(s) or self-insurance administrato(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contractor delivers
this Agreement to City. City *itt neither sign this Agreement nor issue a "Notice to Proceed" until the City Attomey or
City's-Rlsk Manager has reviewed and approved alt insurance documents. City's decision as to the acceptability of all
insurance documlents is fnal. Sample insurance documents in the Crty's appoved format are set forh in this 4
B. Required Submittals for Commercial General Liability and Business Automobile lnsurance and
Contractois pollution Liability lnsrrance. The following submittals must be on forms satisfactory to the City Attomey 0r
City's Risk Manager, and signed by the insurance canier or its authorized representative - wltich fully_meet the
requirements of, ind contain proviiions entirely consistent with, all of the insurance requirements set forth herein
1. 'Certificate of lnsurance'
2.'AdditionallnsuredEndorsement'
3.subrogationEndorsement:'WaiverofTransfertoRightsofRecoverAgainstOthers"
Both Certificates of lnsurance and Additional lnsured Endorsemenb must read as follows: 'The City of Vemon,
and its offcers, agents, employees and representatives are included as additional insureds under the policy(s). This
insurance of the City. The City's insurance and self-insurance will apply in excess of,
nsurance. This insurance applies separately to each insured or additional insured who
whom a claim is made or a suit is bought, The issuing mmpany shall mail thirty (30)
days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in mverage.'
C. Required Submittals for Workers' Compensation lnsurance. Contractor shall provide City with a
certilicate of insurance and a subrogation endorsement on forms satisfactory to the City Aftomey or City's Risk
Manager, and signed by the insurarice canier or its authorized representative - which fully meet the requirements of,
and c6ntain provlsions entirely consistent with, this Contract's workec compensation insurance requirements lf
Contractor is self-insured for rlorkers' compensation, a mpy of the'Certificate of Consent to Self-insure' from the
State of Califomia is required; or if Contracior is lawfully exempt Irom workeB compensation laws, an 'Affirmation of
Exemption from Labor Code $3700' form is required.
D. Required Evidence ol Builde/s Risk Coverage. City will povide a certificate of insurance and a
declarations page on a form satisfactory to tre City Attomey or City's Risk Manager, and signed by he insurance canier
or its authorized'representative. The policy terms must fully meet the requirements of, and mntain povisions entirely
consistent with, all of ttre insurance requirements set forth herein. The Crty shall be named as a loss payee on the
insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be mnstructed,
maintained, repaired or supplied pursuant to this Contract
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is povided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notrce to City of any claim or loss against Contractor lhat
includes City or any other inderinitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but noi he duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability plicy shall contain any provision or definition that would serve to eliminate sccalled "third
party acton ove/ claims, iniluding any exclusion for bodily injury to an employee ol the insured or of any mntractor or
su bcontractor.
H. Any 'self-insured retention' must be declared and appoved by City. City reserves the right to require
the self-insured reteniion to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms
EXHIBIT 1 - INSUMNCE REOUIREI,IENTS - 5 of 6
to avoid risk t'ansfer are not acceptable. lf Contractor has such a program, Contractor must fully disclose such program
to City.
EXHIBIT 1- INSUMNCE REOUIREMENTS -6Of 6
CITY OF VERNON
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT
Construction Stormwater Pro gram
The National pollutant Discharge Etimination System (NPDES) is a portion of the Clean Water Act that applies to
the protection ofreceiving waters. Under permits from the Los Angeles Regional Water Quality-Control Board
(nWQCg), certain activities are subject toRWQCB enfol cement. To meet the standards of the Waste Discharge
i."quire-ents fo. Municipat Separate Storm Sewer System (MS4) Discharges within the Coasta-l^Watershed of Los
Anieles County, Except those Discharges originating from the
-City
ofLong Beach MS4 (CAS004001), the City of
veiron has adopted minimum standards for stormwater runoff from development conslruction activities.
These minimum standards require the implementation ofan effective combination oferosion and sediment control
A".t Uunug.rn"nt Practices (BMPs) to pievent erosion and sediment loss, and the discharge ofconstruction waste
at each sitel At a minimum, the construction activity associated with the construction project identified above shall
be conducted in such a manner that:
Permit Number:
Applicant:
Project Address:
Property Owner:
Contractor:
Contractor's Address:
Phone:
Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters.
Implements and maintains structural and n--at r,"tutul BMPs to reduce pollutants in stormwater runoff
from construction sites.
Reduces construction site discharges ofpollutants to the MS4 to the maximum extent practicable.
Prevents construction site discharges to ihe MS4 from causing or contributing to a violation of water
quality standards.
I have read and understand the requirements listed above and certifi that I will comply with the minimum
requirements above.
Note: ction Handbook sheets developed by the Califomia Stormwater Quality
Associ in determining and implementing required BMPs The BMP sheets may be
review & Development Services Department counter during regular business hours.
A General Construction permit shall be obtained and maintained for all construction sites one (l) acre or greater'
Additional conditions may be required for these sites.
S ignature:
Title:
Print Name:
Property Owner:
Rev. 06/201 4
EXHIBIT 2 - STATEMENT OF INTENT TO COMPLY - 1 of 1
EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
EXHIBIT B
SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT
CITYWIDE STREET SWEEPING PROJECT
CONTRACT NO. CS-0584
GENERAL
B-1.01 Scope of Work - Contractor will perform weekly sweeping sewice for curb and gutter
along all public streets, center raised concrete median islands and full width ofpublic alleys
within the City's jurisdiction. The sweeping process shall include the removal and disposal ofall
accumulated debris. Contractor Sweeping services shall be provided through motorized
sweeping vehicles. In addition, sweeping services prior to and after any special events, as well
as 24-hour per day emergency sweeping sewices upon 4-hour telephone notification. The curb
miles to be swept are approximately 108 curb miles.
B-1.011 Diver/Operator - Contractor's drivers shall maintain safety and driving records in
accordance with Federal, State, County, and Ciry regulations.
Upon award of the Contract, the names and years of experience of the sweeper drivers and backup
personnel with copies of State of Califomia Department of Motor Vehicles records must be
submitted. Sweeper drivers must have five years of experience.
B-1.02 Contract Plans - The details, limits and sweeping schedule are shown on Appendix (A".
B-1.03 Specifications - All work shall conform to the "GREENBOOK" STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (20I5 EditiON).
B-1.04 Lensth of Contract -This shall be a three (3) year contract beginning upon City Council
approval.
B-1.05 Delavs and Extensions of Time - The provisions of Section 6-6 entitled "Delays and
Extensions of Time" of the Standard Specifications shall apply except as modified and
supplemented below.
The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall he
inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to
obtain materials, equipment and labor, except as authorized by the City Engineer. The length of
contract time stipulated includes any time which may be required to obtain materials, equipment
and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the
availability of materials, equipment and labor and considered same in his proposed construction
schedule.
B-1.06 Oualitv of Work - The provisions of Section 4-1.1 entitled "Materials and Workmanship"
of the Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by
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the Director of Public Works/City Engineer or his representative, whether a cause is determined
or not shall be re-swept by the Contractor at his/her expense.
BJ.07 Liquidated Damases - ln accordance with Section 6-9 of the Standard Specifications
(2015), for each consecutive calendar day required to complete the work in excess of the time
specified herein for its compietion, as adjusted in accordance with Section 6-6 of the Standard
Specifications (2015), the Contractor shall pay to the City, or have withheld from monies due it,
the sum of $500.00.
Failure ofthe Contractor to complete the work in accordance with the specifications will result in
damages being sustained by the Contractor. The following are cause for liquidated damages:
a. Operation of sweeper without using sufficient water to control dust.
b. Operation of sweeper exceeding the stated speed limits for operation.
c. Missing scheduled sweeping days without providing prior notice to and
acknowledgrnent by the Director ofPublic Works or authorized desigree (including
inclement weather).
d. Poor results - Dirt and/or debris left behind.
e. Any failure or refusal by Contractor to perform in accordance with the terms of this
contract. Upon the first occurrence ofany ofthe foregoing acts, Contractor will be
notified in writing by the City. Contractor shall respond within five (5) days with a
written plan stating how compliance with the requirements of the agreement must be
met. If there is a second occurrence ofthe same act by Contractor within a thirty-day
(30) period, the City shall have the right to withhold payment of$1,500.00. Each
separate and subsequent occurrence of the same act shall result in a liquidated
damages charge in the amount of $500.00.
B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job
in place, shall be included in the items most related to the work.
8-2.01 Scheduline of Work - The Contractor shall submit his work schedule to the City
Engineer at the pre-construction meeting. The Contractor shall give 48 hours'notice to the Ciry
Engineer prior to the start of the work.
8-2.02 Construction Hours- Work shall occur Sunday/Monday thru Wednesday/Thursday
between the hours of l0 p.m. - 5 a.m. excluding Federal holidays. On any week in which a
holiday falls, the remaining scheduled sweeping areas shall be advanced/delayed one day. For
example, sweeping areas scheduled on Monday rvould move to Tuesday, and so on.
Contractor shall immediately notify the City representative, when a street or section of streets
will be or had been missed during regularly scheduled street sweeping. Contractor shall notiff
City representative when re-sweeps are scheduled.
8-3.01 Traffic Requirements - General The Contractor shall comply with Section 7-10 of the
Standard Specifications and provide safe and continuous passage for pedestrian and vehicular
traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades,
delineators, signs, flashers and any other safety equipment as set forth in the latest publication of
2afBcs-0584
the State of Califomia, Division of Highways, Traffic Manual or as required by the City
Engineer to insure safe passage of traffic.
B4.01 Compliance with Laws. Rezulations. and Safe Practices - The Contractor shall perform
all work in a safe, competent manner and in accordance with all federal, state, and local statues,
regrlations, ordinances, rules, and governmental orders. The Contractor will be solely and
completely responsible for the conditions of the job site, including safety of all persons and
property during performance of the work. This requirement will apply continuously and not be
limited to normal working hours. Inspection of the Contractor's performance by the City, its
agents, or employees is not intended to include review of the adequacy of the Contractor's safety
measures in or near the job site.
B-5.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon
businesses.
I}-6.01 Character of Workers - If any subcontractor or person employed by the Contractor shail
appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly
or otherwise objectionable manner, he shall be immediately discharge from the project on the
requisition of the City Engineer, and such person shall not be reemployed on the work. If said
individual has an ownership interest in the contracting entity, the City Engineer will serve
written notice upon the Contractor and the Surety providing the faithful performance bond, in
accordance with Section 6-4, "Default by Contractor," ofthe Standard Specifications, demanding
complete and satisfactory compliance with the Contract.
8-7.01 Examination of the Site - The Contractor is required to examine the site and judge for
themselves the location, physical conditions, substructures, and surroundings of the proposed
work.
8-7.02 Mobilization - The cost of all preparatory work and operations for the multiple
movements of personnei, equipment, supplies, and incidentals to the project site must be
included in the various bid items, and no extra compensation will be paid to the Contractor.
B-8.01 Best Manasement Practices (BMP's) - The Conkactor shall submit a copy of their Best
Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the
beginning of any work.
The Contractor is hereby notified that specific construction practices in the Standard Specifications,
Section 7-8.6.2, "Best Management Practices (BMPr" are considered to be Best Management
Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work,
and as are specifically required by the Plans or Special Provisions. The Contractor shall not
cofirmence activity until the BMP submittal has been reviewed and approved.
B-9.01 Protection ofthe Public - The Contractor shall take such steps and precautions as his/her
operations warrant to protect the public from danger, loss of life, loss of property or intem.rption
ofpublic services. Unforeseen conditions may arise which will require that immediate provisions
be made to protect the public from danger or loss, or damage to life and property, due directly or
indirectly to prosecution of work under this contract. Whenever, in the opinion of the City
Engineer. a condition exists in rvhich the Contractor lras not taken sufficient precaution of public
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safety, the City Engineer will order the Contractor to provide a remedy for the condition. If the
Contractor fails to act on the sihration within a reasonable time period as determined by the City
Engineer, or in the event of an emergency situation, the City Engineer may provide suitable
protection by causing such work to be done and material to be fumished as, in the opinion of the
City Engineer, may seem reasonable and necessary.
8-9.02 Comoliance with OSHA Safety Requirements/Violations - Safety at the Project site
during performance ofthe work is of utmost concern to the City. Accordingly, contractors
must not haye committed any serious or willful violations of federal or state OSHA
regulations within the last five (5) years. Contractors must identify the number of OSHA
violations. Any serious or willful violation will render a bid as non-responsive. The City of
Vernon strongly encourages full disclosure, since failure to identify all violations on the
Information Required of Contractors page may result in rejection ofthe bid. A citation
properly appealed through OSHA is not considered to be a violation until the matter is
closed and considered final by OSIIA. The City still expects this information to be disclosed
by the contractor, with an explanation and documentation showing that the matter is
properly under appeal with OSIIA and not considered closed or final. Failure to be
forthcoming with this information may result in rejection of the bid.
B- 10.01 Frequency and Ouantitv of Service - The Contractor will provide sweeping services for
the entire City (Appendix '7'). All streets shall be swept once per week. On any week in
which a holiday falls, the remaining scheduled sweeping areas shall be advanced/delayed one
day. For example, sweeping areas scheduled on Monday would move to Tuesday, and so on. At
the present time, the City of Vemon is separated into quadrants. The quadrants are separated by
major north/south streets, Santa Fe Avenue, Soto Street and Downey Road, with all streets in
each quadrant swept in one morning slarting from west to east.
B-11.01 Global Positionine Service - Contractor is required to utilize a Global Positioning
System (GPS) tracking system (Real-Time Data) on each of its vehicles in order to demonstrate
service delivery as proposed. The tracking system shall be web-based and the Contractor shall
provide the City access to the website in order to verify service delivery, research complaints and
answer resident and business questions. The tracking svstem shall be able to provide the location,
date, time, speed, and distance traveled ofthe street sweeping vehicle. Contractor shall provide
the brand name ofthe tracking system to be utilized on therr equipment. Searchable records must
be kept for a minimum of six (6) months.
B-12.01 Equipment - Regenerative air vacuum lype sweepers shall be used for all sweeping. All
equipment must meet Rules I 186 and I I 86. I of the South Coast Air Quality Management
District. The equipment shall be sufficient to perform the work required herein within the hours
specified. In the event that a primary sweeper requires repair or replacement, a backup sweeper
must be available so that the established sweeping schedule does not fall behind. The Contractor
shall be solely responsible for the repair, maintenance, and service of its street sweeper
equipment.
B-13.01 Air Ouality Requirements - Contractor shall meet all applicable local, state and Federal
air quality larvs, rules and regulations including but not limited to the South Coast Air Quality
Management District Rule I 186 relating to altemative fi-reled sweeping equipment. All sweeping
equ ipmen t sha ll nreet all applicable certifications lor PIVI 1 0 a nd other pollutants as promulgated
4 of B
by the South Coast Air Quality Management District (SCAQMD) at the time of award.
Contractors shall only provide vehicles operating on altemative fuels such as Liquehed Natural
Gas (LNG), Compressed Natural Gas (CNG) or other fuels according to the regulations of the
SCAQMD.
B-14.01 NPDES Requirements - Contractor shall meet all applicable local, state and Federal
clean water laws, rules and regulations including but not limited to all conditions set forth in the
Los Angeles County National Pollution Discharge Elimination System Permit as it relates to
street sweeping practices, and all Best Management Practices set forth by the City in compliance
with NPDES requirements. Contractor shall not discharge any water containing trash, debris,
pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon
any city street, to any storm drain or any non-permitted outlet. As part of its submission,
contractor shall describe its methods for preventing NPDES violations during sweeping
operations within the City. In addition, Contractor shall comply with all NPDES requirements at
its maintenance facilities, storage yards and company facilities. Failure to comply with this
section may result in termination for cause by the City ofany contract resulting fiom this
solicitation.
8-15.01 Sweeper Maintenance - The Contractor shall maintain a facility for repair and care of
the sweepers used in the City of Vemon. Sweepers in use under this contract shall be given
priority response for repair and/or equipment delivery replacement. The facility must be
available to the City for inspection of capacity and repair time. Contractor shall minimize the
down time of the skeet sweeping equipment during sweeping hours to no more than two hous.
If a street sweeper is having continual maintenance issues, the City maintains the right to demand
the permanent replacement ofthe sweeper for use in the City ofVernon.
B-16.01 Existine Inventorv - At the time of award, the Contractor must provide a detailed
inventory of their equipment and accessories that will be used to fulfill this contract. The
inventory of the sweeper equipment shall include the following:
I . Type (i.e. vacuum, mechanical broom, regenerative air, etc.), model/brand,
year of manufacture, and the date the vehicle was acquired.
2. Service records for each vehicle with total number of miles and hours (miles
only, ifvehicie is not equipped with an hour meter) each vehicle has been in
service
3. Anticipated remaining useful life as of the date of inventory
4, Type and manufacturer ofrecording device for hour of operation, miles per
hour. brush operation monitoring, and Global Positioning System (GPS)
tracking system
All sweeper vehicles used cannot exceed 10 years in age. Overhauled vehicles ten years or older
will not be acceptable. AII sweeper vehicles shall be in "good" condition. A vehicle in good
condition, on the whole, must not have any major flaws (no body damage). The interior and
exterior have very few, if any, apparent dings. scratches or defects, and the paint is still intact.
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The body of the vehicle should be rust free or have very little rust. The tires all match with little
wear. Contractor shall ensure that each vehicle is inspected daily for safety related items.
City shall have the right to review vehicle inspection records at any time that the vehicle is
operating within the City limits, upon verbal request of the operator ofthe vehicle by the City
representative. The City representative reserves the right to require any corrections deemed
necessary to reflect acceptable sewice standards. Failure to maintain vehicles in a clean and safe
condition or the refusal to produce said vehicle inspections will be formally documented by the
City subject to further administrative action by the City, up to and including termination of the
Confact.
8-17.01 Speed of Sweepers - Sweepers shall not operate above five (5) M,P.H-
B-18.01 Communications - Sweeper operators shall be equipped with cellular phones that are
able to communicate between the City of Vemon and the individual sweepers. Operators shall be
required to answer or return any cell phone calls within ten (10) minutes. Operators must adhere
to Califomia Senate Bill 1613 requiring the use of hands free device when using a cell phone
while driving.
Drivers must be capable of communicating effectively in English, in order to communicate with
City staff and businesses /residents, ifneeded.
B-19.01 Oualitv of Work - Contractor shall provide suflicient vehicles, equipment and staff to
accomplish a high level of quality of sweeping services to the City. Contractor shall operate
sweeping equipment in such a manner that it shall meet the design specifications of the
equipment and shall do a thorough and complete job ofremoving debris and dirt from the city
streets. The City shall periodically and randomly inspect sweeping services to determine level of
quality. For purposes ofinspection, the level ofqualiry shall include the following:
I . 95% removal of any trash, litter, leaves or light foreign objects 2-inches or greater in
diameter from along the curb line and the entire width ofthe sweeper path;
2. 95%o removal of all dirt, fines and light objects less than 2-inches in diameter along
the curb line and the entire width ofthe sweeper path.
8-20.01 Street Sweenins Complaints - Once notified by the City, Contractor shall investigate any
resident complaints that may concem or involve the performance ofthe drivers and their operation.
Contractor shall report to the City representative on the following working day as to rhc acrion or
procedure takcn rvith rcference to any complaints.
B-2t.01 SpEeialStreetSyccBbg- Occasional sweeping required by Contractor ro include add-
on scheduled and non-scheduled street sweeping of special events, spilis, and unusual conditions
or any other sweeping requested by the City not included in routine/scheduled sweeping. Billing
for special sweeps is based on an hourly rate with travel time included as per bid itern and no
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additional compensation will be allowed. Street sweeper shall temporarily postpone scheduled
sweep and respond to special sweep locations once contact has been made to contractor's office
or field personnel by City staff. Scheduled sweep will resume once special sweep has been
completed so as location may be inspected and verified for cleanliness. Special sweeps are to be
completed during an agreed upon time.
B-22.01 Emersencv Sweeps - Occasional sweeping required by contractor to include non-
hazardous spills, accident cleanups and unusual conditions which would require after-hour,
weekend and holiday responses. Response to emergency sweeps shall be within two (2) hours
of notifications by the City. Contractor shall provide City with name and phone number of
contact person for after-hour sweeps.
8-23.01 Re-Sweeps - Re-sweeps are those required by the Contractor when, after inspection by
the City, are deemed not to meet the stated performance standards, or when a street or section
has been missed during the regularly scheduled sheet sweeping. Re-sweeps are completed at the
expense of the Contractor.
Responses to re-sweeps shall be within twenty-fours (24) after being notified by the City
representative and are to be completed at the expense of the Contractor.
Arterial re-sweeps will be completed prior to 5:00 a.m. the following day after contact by City
representative and are to be completed at the expense ofthe Contractor.
Contractor shall notiry City representative when re-sweeps are completed so City staff may
inspect and verifu work.
8-23.02 Non-swept Items - Non-swept or items not capable of being swept, such as small tree
limbs, paim fronds, rocks, silt, mud, trash and debris shall be collected and removed by the
Contractor from the normal sweeping path. Larger obstmctions such as tree limbs, construction
or landscape contractor debris, shall be immediately reported to the City representative.
B-24.1 Accident Reports - Contractor shall provide a copy ofa detailed written report ofany and
all accidents involving Contractor's vehicles, personnel and/or equipment while operating within
the City, to the designated City representative lvithin twenty-four (24) hours from the date and
time ofthe accident. Said report shall include the date and time ofthe accident, and a copy of
any law enforcement reports or reference identification resulting from the accident. Contractor
shall provide the name and contact information ofContractor's safety officer, including cell
phone for emergency contact.
8-25.01 Disposal of Sweeping - All debris and refuse material swept by the Contractor shall be
the property ofand the disposal responsibilitv ofthe Contractor from and after the timo of street
sweeping. Contractor shall dispose of all debris and refuse collected by hauling the same to a
legally established disposal area. If it becomes necessary to temporarily store said refuse at a
transfer site, these sites shall be cleared daily. Obtaining use of such sites shall be the
responsibility of the Contractor. All such sites are subject to the approval of rhe Director of
Public Works or his/her representative.
CS O5B4 TolB
Contractor shall be responsible for the collection, hauling and disposal of all materials
collected during the course of the daily sweeping. The city is under State Mandate to comply
with waste diversion requirements that require the City to divert 50% of the waste stream from
landfilling. After the award of the contract, the contractor shall describe their proposed
collection, hauling and disposal activities, inctuding identifying proposed waste disposal
facilities receiving collected debris and materials. In addition, Contractor shall describe in detail
the waste diversion and recycling activities Contractor shall undertake to ensure that 50% of the
materials and debris collected during the course of sweeping operations shall be diverted from
landfilling or recycled. Contractor shall identify any diversion or recycling facilities proposed for
receiving said materials. contractor shall prepare and submit a report documenting tonnage
delivered to each facility and copies of weight tickets for each load. Reports shall be submitted
for each calendar quarter and shall be provided to the city by the 20t ofthe month following the
end of the calendar quarter.
B-26.01 Record Keeoine- Contractor's su/eeper operator shall be required to maintain a daily
log of the streets swept. Items to be recorded consist of:
1. Streets swept, date ofsweeping
2. Operator's name
3. Type ofsweeper, sweeper number
4. Mileage of each street
5. Amount ofdebris collected (tons) per area.
In addition, Contractor shall record any scheduled areas missed, reasons scheduled sweeping was
not done and date and time missed areas were swept. Contractor shall also submit to the City a
monthly and an annual report that summarizes curb mileage swept and weight of material
disposed. Contractor shall meet all Federal, State, or Local regulations pertaining to sweeper
equipment operation. Contractor shall provide all necessary operational information and data that
may be required to complete the reporting requirements ofany legally established regulatory
agency.
8-27.01 Invoicine - lnvoices submitted by Conractor shall be paid in accordance with the terms
stated on the Bid Proposal and the signed Agreement. The approved pricing shall remain in
effect unless modified by mutual written consent ofboth parties. The City requires the contractor
to provide monthly invoices for services by sending billing statements to:
City of Vernon Finance Department
4305 Santa Fe Avenue
Vernon, CA. 90058
Contractor invoices must contain the follorving information per vehicle:
. GPS Data . . Amount of debris and refuse material legally disposed
. Sweeper CNG usage
. Routes completed
. Curb miles swept
. Complaint Log
CS.O5B4 SofB
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EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Livinq Waoes:
A require_ment that Employers pay qualifying employees a wage of no less than g10.30 per hour with health benefits,
or $11.55 per hour without health benefits.
Paid and Unpaid Davs Off:
Employers provide qualifying employees at least twelve mmpensated days off per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompensated time for sick leave.
No Retaliation:
A pohtbition on employer retaliation against employees complaining to he City with regard to the employer,s
compliance with the living wage ordinance. Employees may bring an action in Superioi Court againsi an employer
for back pay, treble damages for willful violations, and attomey's fees, or to compel City officials to terminate ihe
service contract of violating employeB,
C,
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor certifies and represents that, during the performance of this Agrcement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discnminated against because of their race, religious creed, color, national
ongin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
facilities.
Contractor agrees that it shall, in all solicitations or advedsements for applicants for employment placed by or
on behalf of Contractor, state hat it is an "Equal Opportunig Employed or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, cedfy that it has not, in the performance ol this
Agreement, discriminated against applicants or employees because of their membership in a protected class.
Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding
authority, provide copies of all of its records pertaining or relating to its employment practices, except to the
extent such remrds or portions of such records are mnfidential or privileged under state or federal law.
Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
D.
NOTICE INVITING BIDS
For
CITYWIDE STREET SWEEPING SER\'ICES
Cotrtract No. CS-0584
in the
City of Vernon, California
Bids are to be signed and submitted in TRIPLICATE. oNE ORIGINAL AND Two copIES of
sealed bids must be received prior to 2:00p.m., Wednesday, November f 8, 2015 by the City
Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (..Bid Deadline,').
All bids shall be enclosed in sealed envelopes, distinctly marked ..Bid', with the title of the
bid and the bidder's name address appearing on the outside.
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the City clerk's office before that time. At the bid
opening, the city Clerk shall open bid packages and acknowledge the receipt ofBids. once
all bid packages are opened and announced, the Bid Forms will be made available for
public review.
NO LATE BIDS WILL BE ACCEPTED
The bids shall be clearly titled. copies of the Bid Documents, plans and Specifications are
available at no charge at the Public works, water and Development services Department
Counter, City of Vemon,4305 Santa Fe Avenue, Vemon, between 7 a.m. and 5:30 p.m., Monday
through rhursday. A non-refundable fee of $20.00 will be charged if mailing is requested by
calling (323) 583-881 l.
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project plans and specifications is
scheduled for wednesday, November 4,2015 at 10:00 a.m. in the public works, water and
Development Services Department,4305 Santa Fe Avenue, vernon, catifornia. This meeting is
to answer any questions regarding the project plans and specifications.
Attendance is not mandatory.
City of Vernon Contact Person:
Vince Rodrizuez
Phone: (323) 583-881 I ext. 220
Facsimile: (323) 826-1 435
Email: rrodriquez(lDci.vcrnon.ca. Lrs
Mandatorv Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for
qualification.
NOTIC E INVITL\-C BIDS ConrracL No CS 0i3l
General Scope of Work:
contractor shall fumish labor, materials, equipment, services, and specialized skills to perform
work involved in the Project. The work in the Bid is defined in the project Dra-ing and
Specifications and will generally include the following:
Scope of work - This project consists ofproviding frequent and regularly scheduled sweeping
services for all curb and gutter segments ofall public streets, raised center medians and putlic
alleys within the city's jurisdiction. Sweeping services shall be provided through motorized
sweeping vehicles. In addition, City is requiring sweeping services prior to and after any special
events, as well as 24-hour per day emergency sweeping services upon 4-hour telephone
notification. The curb miles to be swept are approximately 106 curb miles.
The work shall be done in accordance with contract No. cS-0584 Specifications; "Greenbook,,
Standard Specifications for Public works conskuction (2015 Edition). In the event of any
conflicts, the Contract Specifications shall prevail.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the
essential requirements for qualification. As part of the Bidder's statement of eualifications,
each Bid must establish that:
Bidder satisfactorily completed at least three (3) public contracts in california; each
comparable in scope and scale to this Project, within two (2) years prior to the Bid
Deadline and with a dollar value in excess ofthe Bid submitted for this project.
Other Bidding Information:
l. Number ofContract calendar davs: 1,095 calendar days (3 years)
2. Amount of Liquidated Damases: S500 per calendar day
3. Required Construction Staqine: Not a part of this contract.
4. Intermediate Completion Milestones: Not a part of this contract_
5. Bidding Documents. Bids must be made on the proposal Form contained herein.
6. Eneineer's Estimatc. An Engineer,s Estimate of the cost of construction of this
Work has been prepared. Said estimate is in the range of$110,000 to $120,000.
7. Time of completion. This work must be completed within 1,095 calendar days from the
date of commencement as established by the City,s written Notice to proceed.
8. Acceptance or Re.iection ofBids. The city reserves the right to reject any and all bids, to
award all or any individual part./item ofthe bid, and to waive any infolr.ralities, irregularities or
technical defects in such bids and deterrnine the lowest responsible bidder, whichevir may be i1
the best interests ofrhe city. No late bids will be accepted, nor rvill any oral, facsimile oi
electronic bids be accepted by the City.
9. contractor's License. In compliance with public conrract code Secrion 3300, the ciry
NO'Il( E lN\7ITI1\-C BIDS ConLrlcL \r, CS-05S1
has determined that there is no contractor's license requirement, however the drivers/operators
must be appropriately licensed to drive by the State of Califomia. The Bidder will not receive a
Contract award ifat the time of submitting the bid, the Bidder is unlicensed, does not have all of
the required licenses, or one or more ofthe licenses are not current and active. Ifthe City
discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all ofthe
required licenses, or one or more of the licenses are not current and active, the City may reject
the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and
exercise any one or more ofthe remedies in the Contract Documents in addition to those
provided by 1aw.
10. Subcontractors' Licenses and Listine. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all ofthe Subcontractor information that Section 4104 requires (name,
address, license number, and portion of the Work). An inadvertent error in the license number
will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In
addition, the City requires the Bidder to list the dollar vaiue ofeach Subcontractor's labor or
sewices. The City reserves the right to review and disqualifo any proposed Subcontractor. The
City's disqualification ofa Subcontractor does not disqualify a Bidder. ln such case, prior to and
as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed
and qualified Subcontractor- without an adjustment of the Bid Amount. At the time of the Bid
Deadline and at all times during performance of the Work, each listed Subcontractor's license
must be current and active for the portion ofthe Work listed and shall hold all specialty
certifications required for such Work.
11.
Authorizations. The City will apply and pay for all necessary Governmental Approvals and
utiliry Fees.
12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the
Departrnent of Public Works, Water and Development Service- Each Bid shall be accompanied
by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for
an amount equal to ten percent (10%) of the total maximum amount of the Bid. Altematively, a
satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total
maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee
that the successful Bidder will, within fifteen (15) calendar days after the date ofthe award of the
contract, enter into a valid contract with the City for said Work in accordance with the Contract
Documents.
13. Bid Irrevocabilitv. Bids shall remain open and valid for ninety (90) calendar days after
the Bid Deadline.
14. Substitution of Securities. Pursuant to Califomia Public Contract Code Section 22300.
substitution of securities for withheld funds is permitted in accordance therewith.
15. Prevailins Wases. Prevailing ivage shall not apply for this contract. This Project is not a
"pr.rblic work" as defined in California Labor Code Section 1720.
16. Pavroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish
electronic certified payroll records directly to the Labor Commissioner (aka Division ofLabor
Standards Enforcement).
NO-fICE INVITINC BIDS Contract Nu CS-0ili:1
17. Annual Fee to the Department of Industrial Relations (DIR). Pursuant to I:bor Code 1j25.5,
Contractor and any Subcontractors who bid or work on this project with the City must register and
pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement by
the DIR.
Mark Whitworth
City Administrator
NO II( E l\Vrf lN.-C BIDS Cortract No CS-0534
Dated: 101712015 (Authorized by City Attomey)
City of Vernon
Instructions for Bidders
Project:
Contract No. CS-0584
For the Department of Public Works, Water and Development Seryices
The City contact person for prospective bidders is:
Vince Rodrizuez. Public Works Project Coordinator, Department of Public Works, Water and
Development Services,4305 Santa Fe Avenue, Vemon, CA 90058 (323) 583-8811 Ext.220.
Bid opening date and time: Wednesday, November 18,2015 at 2:00 p.m. ("Bid Deadline")
Bids will be received and opened at the Office ofthe City Clerk, 4305 Santa Fe Avenue, Vemon,
cA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be
considered.
GENERAL BID REOUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids
must be binding and firrn. Any bids may be withdrawn before bid opening, but bids shall remain
open and valid for ninety (90) calendar days after the Bid Deadline.
I. CONTRACTORSLICENSE
The Cify has deterrnined that there is no contractor's license requirement, however the
drivers/operators must be appropriately licensed to drive by the State of California. Refer
to the contract special provisions for additional driver/operator requirements.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubL as to the true meaning of
any part of the Bidding Documents, or who finds discrepancies, errors or
omissions therein or who finds variances in any of rhe Bidding Documents with
applicable law, such Bidder shall at once submit a written request for an
interpretation or correction thereof to the City's representative identified in the
Notice Inviting Bids, or other designated individual. All Bidders shall submit
such written requests to City not less than ten (10) calendar days prior to the Bid
Deadline. The person or entity submitting the request shall be responsible for its
prompt delivery to City's Contact Person identified in the Notice Inviting Bids.
Any interpretation or conection will be made only by Addendum issued by the
I\S1'RL
''
IIO\ TO t}IDDERS Cortract
^vo CS 0i8.1
,.
City and a copy of such Addendum will be delivered to all Interested Bidders of
record. Aly Addenda so issued must be acknowledged in the Bid and the cost of
performing Work described in the Addenda shall be included in the Bid. Bidder,s
failure to acknowledge receipt ofall Addenda may result in rejection of the Bid as
nonresponsive. No person is authorized to render an oral interpretation or
correction of any Bidding Documents and no Bidder may rely on any such oral
interpretation or correction issued by the City. The City shall not be responsible
for any other explanation or interpretation of the Drawings or Specifications, or
for any oral instructions. City reserves the right to extend the Bid Deadline by
issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid
Deadline. Bidders shall use complete sets of Bidding Documents in preparing
Bids; City shall not assume responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
B. Copies of Addenda will be made available for inspection wherever Bidding
Documents are on file for that purpose. Each Bidder shall ascertain prior to
submitting a Bid that the Bidder has received all Addenda issued and the Bidder
shall acknowledge their receipt in the Bid.
OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the
Notice Inviting Bids. City will maintain a list of persons who obtained a copy of
these Specifications ("Interested Bidders'). Only Interesied Bidders will receive
Addenda, if so issued.
BID FORMS _ SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces
properly filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items
mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions
attached to a Bid rvill render it informal and may cause its rejection. All forms
requiring specific infonnation shall be completed with all applicable information
for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intacr on forms provided. Enclose
the Bid Forms in a sealed envelope; O?e or prinr on the envelope ,'BIDS for"
followed by the title and Specification Number and the date and time of the Bid
Deadline, and the Bidder's name and address. The envelope may be mailed, hand
delivered, or delivered by courier or package delivery service.
D- Onc Original Bid and two copies shall be hand delivered, delivered by courier or
package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe
Avenue, Vemon, CA 90058.
E. Bids received after the Bid Deadline or at any place orher than the Office of the
4.
]NSTRL'( I'ION TO B]DDERS Connacr No CS-0584
5.
City Clerk will not be considered.
BID FORMS _ AUTHORIZED SIGNATURES
E.
6.BID FORMS - SCHEDULE OF BID PRICES
C,
The full name, business address, zip code, and business telephone number, with
area code oftheBidsha, i"$;ffi:'i-i:!'J:IIiTfi
sign the form
Sole Proprietorship: An individual shall sign.
Partnership (General or Limited): A parnrer shall sign for a partnership; the
partner shall give the names and addresses ofall partners.
Corporation: An officer shall sign for a corporation. The corporate name must
be attested by the corporate seal. The names and titles of the president and all
officers of the corporation who are authorized to sign the Bid Forms must belisted in an authenticated Incumbency Certificate signed by the corporate
secretary. A signature other than a corporate officer's will be accepted only if an
authenticated Incumbency Certificate is attached.
Joint Venture: Bidders shall use the appropriate section(s) listed above in B_D,
based on their applicable situation.
A.
B.
C.
D.
A.
B
The Bidder shall include in his/her Bid price(s) any and all expense or costs that
may be necessary to complete the project in accordance with tle requirements of
the conract. The cost of all mob ization, preparatory work and operations for themultiple movements of personnel, equipment, supplies, and iniidentals to thevarious project sites must be included in the various bid items, and no extra
compensation will be paid to Contractor.
The Bidder shall state for each item on the Schedule of Bid prices form, in clearlylegible figures, the Base Bid, the alternates, and the unit price and item total orlump.sum, as the case may be, for which he/she proposes to supply labor,
materials, and equipment and to perform the Work. bidi tnust not contain anv
erasures, interlineations, strike+broughs or other corrections unless the same arlsuitably authenticated by affixing in the margin immediately opposite such
erasure or correcrion the initials of the person(s) signing the Bid. Iiiny Bid, orpoftion thereof, is determined by the City to be illegibte, ambiguous or
inconsistent, City may reject such a Bid as being non-responiive.
In the case ofa unit price item, the amount set forth, as the item total shall be theproduct of the estimaled quantity times the unlt price Bid. In the event of adiscrepancy betwee-n the unit price Bid and the iiem toral, the unit price shallprevail; however. if the unit price is ambiguous, unintelligible, or urrcertain forany cause, or is omitted, or is the same amount as the entry ior the item total, then
I^VSTRUCTION TO Bt DDERS Contract No. CS-05li.l
the item total shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price. Where so indicated by the
makeup of the Bid Form, sums shall be expressed in both words and figures, and
in case of discrepancy between the two, the amount written in words shall govem.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for
more information and the list of Bid Altemates, if any. If no change in the Base
Bid is required, enter 'No Change."
7. BIDSECURITY
A. Each Bid shall be accompanied by cash or a cashier's check or a certified check,
drawn on a responsible bank doing business in the United States payable to the
City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a
principal and a California admitted surety company (as defined by Califomia
Code of Civil Procedure $$995.120 and 995.311) as surety ('Bid Security").
B. All bonds must be issued by a California admitted surety insurer with the
minimum A.M Best Company Financial strength rating of "A:VII" or better.
Bonds issued by a Califomia admitted surety not listed on Treasury Circular 570
will be deemed accepted unless specifically rejected by the City. Bonds issued
from admitted surety insurers not listed in Treasury Circular 570 must be
accompanied by all documents enumerated in Califomia Code of Civil Procedure
Section 995.660. All such bonds must be accompanied by a power of attomey
from the surety company authorizing the person executing the bond to sigrr on
behalf of the company. If the bonds are executed outside the State of Califomia,
all copies of the bonds must be countersigned by a Califomia representative of the
surety. The signature of the person executing the bond on behalf of Surety must
be acknowledged by a Notary Public as the signature of the person designated in
the power of attomey.
C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid
submitted without Bid Security will be rejected as non-responsive. The Bid
Security shall be given as a guarantee that the successful Bidder will execute the
Contract and will provide the insurance, bonds and other required forms within
fourteen (14) calcndar days after award of the Contract. Bidders will be entitled to
return of Bid Security except when a successful Bidder forfeits its Bid Security. A
forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to
the expiration of ninety (90) calendar days after arvard ofthe Contract; attempts to
withdraw its Bid rvhen the requirements of Public Contract Code $ 5101 et seq.
are not met; or rehrses or fails to execute the Coltract and provide the requircd
bonds, insurance or certificates within fourteen ( 14) calendar days after arvard of
the Contract. In any one or rnore of these events, if City awards the Contract for
the Work to the next lou,est responsible Bidder, the amount of the original lorvest
Bidder's security shall be applied to the Contract Price differential berween the
lowest Bid and the second lowest Bid. Any surplus will be returned to the original
lowest Bidder. If the City rejects all other Bids presented and re-advertises, the
]NSTRUCTION TO B]DDERS Conrracr ^!o C S-05ll.l+
lowest Bidder's Bid Security may
advertising and receiving new Bids.
returned to the original lowest Bidder.
the City's cost of re-
surplus if any, will be
D. The Bid Security shall be held for ninety (90) calendar days after the award ofthe
Contract or until posting by the successful Bidder ofthe proofof insurance, rehtm
of executed copies of the Contract and necessary certification(s), whichever first
occurs, after which time the Bid Security will be returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond"
contained in the Bidding Documents, which Bid Bond shall be properly executed
and acknowledged by the Bidder and by a corporate surety authorized to transact
such business in the State of Cal.ifomia.
F. Any alteration ofsaid form ofBid Bond, or imperfection in the execution thereof,
as herein required, will render it informal and may, at the option of the City, result
in the rejection of the Bid under which the Bid Bond is submitted.
8. BIDDERIS AIID SPECIALTY CONTRACTORS' STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the
form entitled "Bidder's Statement of Qualifications." Subcontractors listed for the
steet sweeping work must satisfo the mandatory qualifications described rn the
Specialty Contractor or Subcontractor Statement of Qualifications applicable to
the Work to be performed by each Subcontractor and Bidder must submit the
completed forms with the Bid. Notwithstanding the provisions of Paragraph 22
herein, the Bidder's Statement of Qualifications and the Specialty Contractor or
Subcontractor Statement of Qualifications shall not be public records. Alt
information required by a Bidder's or Specialty Contractor Statement of
Qualifications shall be completely and fully provided. If no information is to be
filled .in a blank space, then write "none." Any Bid not accompanied by a
Bidder's Statement of Qualifications and Specialty Contractor or Subcontractor
Statement of Qualifications form completed with all information required may
render the Bid non-responsive. If the City determines that any information
provided by a Bidder in the Bidder's or Specialty Conrractors' Statement of
Qualifications is false or misleading, or is incomplete so as to be false or
misleading, the Ciry may reject the Bid submiued by such Bidder as being non-
responslve.
B. A responsible Bidder is a Bidder who has demonstrated the attribute of
trustlvorthiness, as rvell as quality, fitness, capacity and experience to
satisfactorily perform fully the requirements of the contract documents. ln
selecting the lowest rcsponsible Bidder, consideration will be given not only to
the Bidder's financial standing but also to rhe general competency of the Bidder
for the performance of the work covered by the Bid including, but not limited to,
the experience of the Bidder in construcrion of public buildings for public
be used to offset
In that case, the
INSTRUCTION TO BIDDERS Corrract t\vo CS oil i
agencies. By submitting a Bid, each Bidder agrees that the Ciry, in determining
the successful Bidder and its eligibiliry for the award, may consider the Bidder,s
experience with similar types of construction projects and facilities, conduct and
performance under other contracts, financial condition, reputation in the industry,
and other factors which could affect the Bidder's performance ofthe work.
9. DESIGNATIONOFSUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder
shall list each Subcontractor whom the Bidder must disclose under the Subletting
and Subcontracting Fair Practice Act, Public Contract Code Section 4lM. The
Bidder shall provide: each Subcontractor's name, the trade and type of work that
the Subcontractor will perform, the location (address) of the Subcontractor,s piace
of business, each Subcontractor's license number, and the dollar value of each
Subcontractor's labor or services. If additive Altemate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Alternate Bid Items, when such Work - or the combination of base
Contract Work and Altemate Work - exceeds one-half of one percent of the total
Bid Amount.
B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor shall possess a current and
active California license appropriate for the portion of the Work listed for such
Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the dght to review the
suitability and qualifications of any Subcontractor proposed by the Bidder. As
part of this review, the City may request a Bidder to submit additional information
about one or more of the listed Subcontractors-including, but not limited to-a
statement detailing the Subcontractor's experience with pertinent information as
to similar projects and other evidence of the Subcontractor,s qualifications. If
requested, the Bidder shall provide the information to the City within the time
specified in the City's written request. After due investigation, if the City has a
reasonable objection to any proposed Subcontractor, the City may, before giving
the notice of award, require the apparent successful Bidder to submit an
acceptable substitute. The City's disqualification of a Subcontractor does not
disqualify a Bidder. However, prior to and as a condition to award of the
Contract, the successful Bidder shall substitute a properly licensed and qualified
Subcontractor without an adjushnent of the Bid pr ice.
D. Work of Subcontractors. The organization or arrangement of the Specifications
and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged ro disseminate all of the Specifications,
Drawings and other Contract Documents to all persons or entities submitting sub-
bids to the Bidder. The omission of any portion or item of Work from the Bid or
from sub-bids, which is reasonably inferable from the Contract Documents, will
not be a basis for adjustment ofthe Contract price or the Contract Time.
]\S1 RL]CTION TO BI DDERS Contrlct No alS-0534
10.
E. Ineligible subcontractors. The successful Bidder is prohibited from performing
Work on the Project with any Subcontractor who is ineligible to perform work on
a public works project pusuant to Califomia Labor Code Sections 1177.1 or
1777.7. ln submitting its Bid, the Bidder certifies that it has investigated the
eligibility ofeach and every listed subcontractor and has determined that none is
ineligible to perform work pursuant to the above code provisions.
CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, ceftirying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall subrnit this form with its Bid. Any Bid made without sucL
affidavit, or believed to be made in violation of the requirements set forth in the affidavit
forrn, may be rejected.
INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance
Requirements in this Specification and the contract Documents. The insurance
company's underwriter or agent must complete the Insurance Requirements
documentation which states that the insurer's underwriter or agent wiil furnish the city
with the required insurance documents within fourteen (14) days after the Bidder,i
having been notified of the contract's award. The Bidder shall submit this form with its
Bid. Any Bid made without this statement, or made with an incomplete statement, may
be rejected.
EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK
A. The Bidder shall examine carefully the site of the Work contemplated and the
Drawings and Specifications. The submission of a Bid will be conclusive
evidence that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed
and materials to be furnished, the difficulties to be encountered, and to rhe
requirements ofthe Drawings, Specifications, and other Conkact Documents. The
Bidder shall ascertain the locations of the existing utility services, and other
underground facilities, and provide for carrying out its operations so as to cause
the minimum possible inconvenience to the occupants of properties along any
streets affected. All work and costs involved in the safeguarding ofthe propirtiei
of others shall be at the expense of the Bidder to whom the Contract may be
awarded.
B. The Bidder hereby certifies that it has examined the local conditions, has read
each and every clause of the Contract Doc,ments, and that it has included all
costs necessary to complere the specified Work in its Bid prices, and the Bidder
agrees that if it is awarded the contracr, it will make no claim against the City
based upon ignorance of local conditions or misunderstanding of any of thl
provisions of the contract. Should the couditions tum out othenryise ihan the
ll.
12.
I\STRUCTION TO BIDI]ERS Co tracl \o CS 0al!l
13.
Bidder anticipated, the Bidder agrees to assume all risks incident thereto.
PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid prices are estimates given for
comparing Bids, and no claim shall be made against the city for excess or d-eficiency
therein, actual or relative. Payrnent at the prices agreed upon will be in full for the
completed work and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the contract, unless otherwise
specifically provided.
PERMIT FEES
city of vernon shall obtain all Governmental Approvals and utility Fees as required for
the construction of the project. The Bidder shall not include the direct cost aisociatedwith obtaining any permits and its fees, except as otherwise noted in the project
specifications.
SUBSTITUTIONS
Bidders wishing to obtain city's authorization for substitution of any material, device,
product, equipment, fixture, form, or type of construction shall submit all requests for
substitution, including all data necessary to demonstrate acceptability, a minimum of ten(10) calendar days prior to the Bid Deadline. Approval of any such substitution shall be
made in writing by the city. Bidders shall refer to the appropriate provisions in the
General conditions for additional requirements for substitutions. ln the absence of a
written Addendum prior to the Bid Deadline or a change order approving the request
after Contract award, a request for substihrtion shall be deimed denied.
RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be returned to the
Bidder_ unopened. oral, telephonic, telegraphic, ficsimile or electronically transmitted
Bids shall not be considered unless the Notice Inviting Bids expressly permits such
means of transmittal.
WITHDRAWAL OF BIDS
Bidder may rvithdraw its Bid either personally or by rvritten request any time prior to the
scheduled Bid Deadline by notice to the city's contact person designated in the NoticeInviting Bids- Ifsuch notice is written, it shall be signed by the Bidder and shall be date-
stamped and time-stamped by the City upon receipt. Withdrawn Bids may beresubrnitted before rhe Bid Deadline provided that they are in full conformance withthese Instmctions to Bidders. Once submitted, all Blds are irrevocable, except asotherwise provided by law. Requests for withdrawal of Bids afrer the Bid Deadline shall
be made only in accordance with califomia public contract code $ 5100, et seq. Bidder
agrees by submitting a Bid that such Bid shall remain open, is i*evocabie, and'may not
be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the
14.
15.
16.
17.
INSTRUCTION TO BIDDERS Conuac! No CS 0i84
Contract.
18. OPENINGANDEVALUATIONOFBIDS
A. Bid opening and raburation. The Bids shalr be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice lnviting
Bids. A tabulation of all Bids received will be available for public inspection at
the Office of the Director of public Works, Water & Development, 430i Santa Fe
Avenue, Vernon, CA during regular business hours for a period of not less than
thirty (30) calendar days following the Bid Deadline. The city reserves the right
to accept or reject any or all Bids and be the sole judge regarding the suitability of
the products, services or supplies offered; and/or to waive any irregularities or
informalities in any Bids or in the bidding process. The city further reserves the
right to purchase all or fewer than all items or quantities of each item listed in the
Bidding Documents. The award of the Contract, if made by the City, shall be to
the lowest responsive and responsible Bidder. If Bid Altemate Items are called
for, the lowest Bid shall be detennined according to paragraph 20 below.
B. Evaluation of Bids.
l. Mandatory Qualifications. A Bid shall be rejected as non_responsive ifthe
Bidder fails to document in the Bid that Bidder meets rhe essential
requirements for qualification described in the Notice Inviting Bids. As
part of the Bidder's Statement of eualifications each Bidder must
establish that it, as the current entity: (l) has successfully completed at
least three (3) similar projects involving similar work within the last three
(3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has
successfully completed at least three (3) public works projects. The City,s
disqualification ofa Subconkactor listed for the street sweeping work does
not disqualifli a Bidder. However, prior to and as a condition to award of
the Contract, the successful Bidder shall substitute a properly licensed and
qualified Subcontractor - without an adjustrnent ofthe Bid price.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material
respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has
demonstrated the aftribute of trustworthiness, as well as quality, firness,
capacity and experience to satisfactorily perform ftllly the requirentents of
the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder,
consideration will be given not only to the financial standing but also to
the general competency of the Bidder for the perfonnance of the Work
covered by the Bid including, but not limited to, the experience of the
Bidder in construction ofpublic works for public agencies. By submitting
a Bid, each Bidder agrees that the City, in determining rhe successful
INSI RUC'TION TO I]IDDI]RS Conlrircl No CS-05849
19.
20.
Bidder and its eligibility for the award, may consider the Bidder,s
experience with similar types of construction projects and facilities,
conduct and performance under other contracts, financial condition,
reputation in the industry, safety record and protocols and other factors
which could affect the Bidder's performance of the Work.
AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or
technical defects, as the interest of the City may require. Awatd of Contract or rejection
of Bids will be made by the City within ninety (90) calendar days following the Bid
Opening.
BASIS OFAWARI)
A. A Contract will be awarded to the lowest responsive and responsible Bidder
meeting all requirements set forth in these Bidding Documents.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid
Altemates at the time of award of the Contract, regardless of whether such Bid
Altemates were used in the analysis to determine the lowest Bid.
EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded
the Contract, Contractor shall deliver to the City the following documents:
A. Three (3) copies ofthe Contract in the form included herein, properly executed by
Contractor and, if Contractor is a corporation, evidence of its corporate existence
and that the persons signing the Contract are authorized to do so. All signatures
must be notarized.
B. No Contract Bonds are required (Performance Bond, Labor and Material
(Payment) Bond, or Maintenance Bond) for this contract.
C, Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automorive Liability lnsurance, and (c) Professional
Liability, if required, and (e) the coresponding endorsements for each policy in
accordance with the requirements set forth in Article 12 of the General
Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for
the State of Califomia, or on days rvhen City Hall is closed, the aforesaid documents shall
be delivered by the fbllowing Working Day.
After receipt of said documents within sard time period or any extension thereof granted
by the City, the City shall execute the Contract and retum one (l) ofsaid three (3) copies
to Contractor for its files.
21.
INSTRUCTIO\ I O BIDDI]RS I l-l Conn cl No CS-053,1
22.PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon
opening, all Bids shall become a matter of public record and shall be regarded as public,
with the exception of those elements of each Bid that are identified by the Bidder and
plainly marked as 'hade secret," "confidential," or 'proprietary," including any
Statement of Qualifications and financial statements to be submitted by Bidders. Each
element of a Bid which a Bidder desires not to be considered a public record must be
clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages,
documents, or other, non-specific designations) shall not be sufficient and shall not bind
the City in any way whatsoever. If City receives a request from a third party to make a
Bid available for inspection and copying, the City will notifo the Bidder of the request. If
a Bidder instructs the City that the information is not to be released, City will withhold
the information, provided, the Bidder expeditiously seeks a protective order from a court
of competent jurisdiction to prevent such release. If disclosure is required under the
California Public Records Act or otherwise by law (despite the Bidder's request for
confidentiality), the City shall not in any way be liable or responsible for the disclosure of
any such records or part thereof.
Bidder shall indemnifi, defend (including Bidder's providing and payrng for legal counsel
for City), and hold harmless City, its officers, agents, employees, and representatives fiom
and agairst all liability, claims, suits, demands, damages, fines, penalties, costs, or
expenses arising out of or alleging City's refusal to publicly disclose one or more records
that Bidder identifies as protectable, or asserts is protectable.
PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
PREVAILING WAGE SHALL NOT APPLY FOR THIS CONTRACT.
SPECIAL CITY REQUIREMENTS - PREVAILING WAGE SHALL NOT APPLY
FOR TIIIS CONTRACT.
Special City forms and their instructions are an integral part of these specifications and
failure to submit same may be grounds, in the sole discretion of the City, for rejection of
any Bidder.
A. Living Wage Ordinance. Conrractor, and Subcontractors, if any, shall comply
with the terms and conditions of Ordinance No. 1187, the City's Living Wage
Ordinance. Upon request, cefiified payroll documents shall be provided to the
CitY.
B. Equal Employment Opponunity in Conrracting. The City of Vemon is committed
to a policy of equal opportunity in contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are
encouraged to submit bids or proposals. Contractors expressly agree to comply
with the City's ordinances and regulations regarding Equal Opportunity
Employment as well as regulations that may be mandated by the source of the
TI
23.
24.
INSTRUCTION TO B]DDERS ConLract No- CS-05.S.1
funds supporting the Contract. Contractor certifies and represents that during the
performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to assure that
applicants, employees and recipients of service are treated equally and are not
discriminated against because of their are not discriminated against because of
their race, religion, religious belief, color, national origin, citizenship, ancestry,
disability, sex, age, medical condition, pregnancy, sexual orientation or marital
status. Contractor certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including,
but not limited to, the California Fair Employment and Housing Act (Califomia
Govemment Code Section 12900, et seq.), Califomia Labor Code Section 1735,
and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the
Work.
25. BIDPROTESTPROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the
Contract may file a protest if the Bidder complies with all of the following
requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract
Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest,
including without limitation: all facts, supporting documentation, legal
authorities, and argument in support ofthe grounds for the Bid protest. All
factual contentions must be supported by competent, admissible, and credible
evidence.
B.Any matters not set forth in the wrirten Bid protest will be deemed waived. Any
Bid protest not conforming to the foregoing requirements and conditions will be
rejected by the City as invalid.
Bid Dispute Indemnification. Ir the event of a Bid dispute based upon the
Bidder's submission ofthis Bid and rhc City acceptance of same, the Bidder shall
indemnifi, defend (with counsel acceptable to City), and hold harmless the City,
its City Council members, employees, and agents from liability, claims, demands,
damages, and costs arising therefrom if such dispute or action arises solely upon
the award of a Contract in compliance with federal, state, and local laws.
C
INSTRT ( TlOf,* 1() BIDDIIRS Conlract No- CS-0534
BIDDING FORMS
WEBGO LB LLG
12305 Woodruff Avenue
Downey, CA 90241
1-800-55WEBCO
Submitted by: Todd Rentfrow, Owner
Tel: (562) 803-0100
Fax: (562) 803 0200
www.webcosweep.com
webco@webcosweep.com
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PAGE 2-3
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TABLE OF CONTENTS
INTRODUCTION
PROFESSIONAL EXPERIENCE @ackgrormd, Organizarion)
STAFFING - KEY EMPLOYEES
CONTRACT MANAGEMENT (Administrative, Equipment, Sweeping
Operation)
QUALITY ASSURANCE, CUSTOMER SERVICE
WEBCO REFERENCES/CONTRACT INFORMATION
BID FORMS AS FOLLOWS:
BIDDERS PROPOSAL, BF I-4
SCHEDULE OF BID PRICES, BF 5.6
INCUMBENCY CERTIFICATE, BF 7
BIDDER'S STATEMENT OF QUALIFICATIONS, BF I I-I8
EXPERIENCE FORM, BF-I9
CoNTRACTOR SAFETY QUESTIONNAIRE, BF 20_23
DESIGNATION OF SUBCONTRACTORS, BF 24-27
CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION, BF 28-29
JURAT
INSURANCE REQUIREMENTS AFFIDAVIT, BF 30
LIVING WAGE COMPLIANCE CERTIFICATION, BF 3I
CERTIFICATE OF EQUAL OPPORTUNITY, BF 32
PROJECT WORKFORCE UTILIZATION, BF 33
ADDENDUM 1
WEBCO BROCHURE
12305 Woodruff Avenue
Downey, CA 90241
1.800.55WEBCO
INTRODUCTION
Webco Sweeping has been in business since 1977 offering quality pressure washing and
sweeping services to various types of clients including government agencies, transportation
diStricts (BART & OCTA), diflerent municipalities and the private sector ofproperty managers
with shopping centers and business complexes. With over 38 years of experience, Webco has
demonstrated the ability to fulfill the contract requirements.
We use only our own employees, no subcontactors are involved. This helps insure smooth
operation and clear communication ofyour needs as special requirements arise. All ofow
employees have been with us for 5-20 years and are committed to providing the kind ofquality
service that has allowed us to continue to expand our business over the years. Our crew, fleet
ofvehicles and equipment is conveniently located in Downey along with an on-site Manager
readily avallable to oversee all ofthe contract requirements. Webco is fully insured and
certificates of insurance will be promptly issued upon notice of contract award.
Webco is submittrng a bid to provide all labor, materials, equipment and insurance required to
provide street sweeping services. We understand this contract is anticipated to start January 3,
2016 and is a 3 year contract. All sweeping will be done in accordance with the RFP
specifications. Our sweepers are in compliance with PM-I0 requirements and the SCAQMD's
Rule I 186.1 for less pol.luting sweepers.
Webco is a certified Small Business with the state of California. We understand that when we
are working for a city that we are representatives of that city and our employees are courteous
and conscientious to the public. We have a fully staffed office so that when you call us during
normal business hours, you will not get a recording but someone who can help you. Please don't
hesitate to contact us with any questions or visit our website at www.webcosweeping.com for
additional information. We look forward to the opportunity of wotking with the City of Vernon.
ret: 1soz1 803-0100
Fax: (562) 803 0200
www.webcosweep.com
webco@webcosweep.com
WEBGO LB LLG
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PROT'ESSIONAL EXPERIENCE
Background
webco has successfully fulfilled the requirements of many large contracts with similar
requirements and scope ofwork. we have also had the privilege ofthese contracts being
renewed year after year because we met and/or exceeded all contract expectations incluJing:
+ Adherence to the scope of work
* Special attention to scheduling requirements
* Accurate reporting oflabor figures
* Equipment specifications and reliability
+ Emergency response
* Safety
+ Supervision
* Invoicing and work report requirements
webco sweeping provided sweeping services for union pacific Railroad for over 15 years.
Invoicing was done on line over the intemet for over $1,000,000.00 per year and required
specific labor reporting requirements subject 1o auditor review. Theie are extremely busy yards
and safety was of paramount concem and importance in the success of this contract.
Since 2003 webco has been providing sweeping services for all the Bay Area Rapid rransit
system (BART) stations. This conkact requires multiple crews working nightly in order to keep
all the stations and parking structures clean and free of debris. webco also lrovides sweeping
services to the state of california for EDD, DMV and cHp locations. Addiiionally, webco has
provided sweeping services on various contracts with the city of campbelt, the city of palo Alto,
the County ofOrange, the City oflrvine and LA County.
The above mentioned contracts were for a similar scope of work with similar equipment and
Iabor requirements. These contracts demand certain areas to be swept during rp"iifi" hor., on
particular days ofthe week. Monthly scheduling is forwarded in advance ofiach month and
these schedules are strictly mairitained. Emergency sweeping requirements or special ..on call,,
sweeping requests are handled promptly. webco successfully met the obligationi ofthese
contracts year after year including insurance and bonding requirements, strict scheduling, GpS
systems, monthly sweep and tonnage reports and quick response to emergency sweep
requirements,
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COMPANY ORGANIZATION
our company is local, with an office and equipment yard in Downey and an administrative officein Morgan Hill.
Our Southern California office address is:12305 Woodruff Ave.
Downey, CA 90241
Telephone: (562) 803-0100
Fax: (562) 803-0200
60 W. Main Ave., Suite 22
Morgan Hill, CA 95037
Telephone: (408)778-541 I
Fax: (408)776-0056. Toll free (800)559-3226
Our Northern California office address is
Staffi ne/I(ev Emnloyees
Todd Rentfrow, ownerManaging Member, has been managing webco sweeping since March
1999 and also had three years ofprevious experience in the sweeping industry. w]ren walsh
Benfley, the previous majority owner, passed away in January 2014,1odd purchased his
membership share and is now the majority owner. Under walsh,s tutorug", Todd hud the benefitofhis 40+ years in the industry and gained experience in every aspect ofthe business. Todd
makes all important decisions which decide the direction of the company as well as handling the
hLing and sc.heduling of employees, reporting ofpayrofl, supervisingjoL performance and
overseeing all equipment maintenance and day to day operations of the Downey location. Todd
handles all employee related issues and ensures that all imployees are trained to individual
contract requirements' He makes all decisions on major equipment purchases, which contracts to
bid on and manages every aspect ofthe Southern Califomia location.
MAIN OFFICE
Susar-r Fee, office Manager has been with webco Sweeping since December of i999 and has
experience in all areas of the company. prior to joining webco, susan was employed as
Marketing coordinator for Semifab, Inc., and has another l0 + years administrative experience
as Assistant to Vice President of DTI, a Division of Datura International and Administiative
Assistant for Hyatt Hotels Corporation. Susan is responsible for handling many ofthe financial
aspects ofthe company including quarterry federar and state reports, puy-r, tu* deposits, w2s,
annual state reconciliations, accounts payable and bank account reconciliations. Additionally,
susan oversees our insurance needs and handles the preparation of larger bids as wel as
supervising offi ce functions.
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Marv Ann Collins joined Webco in January of 2003 and is responsible for job scheduling and
invoicing, maintaining master job liss, offers general customer service and handles any special
requests as well as interfacing with our Managers. Mary Ann came to us highly recommended
with a prior background working for our local library and former employment in the Morgan Hill
Unified school system in an administrative capacity.
Jen Thiels recently joined our staff in January 2013 and has quickly become a valuable member
of our team. Jen's responsibilities include accounts receivable, invoicing, ordering ow supplies
and handling general customer requests. Jen has a prior administrative background working for
a locai contractor and a tractor supply business.
SWEEPING CREWS
The team who will be assigned to this project will be Sam Naranjo and Juan Vargas. These
employees have provided reliable sweeping services on various contracts, meeting approval and
fulfilling all contract obligations. All of our sweeper operators spea.k English and have been
through intensive training as to the safe operation ofour sweepers including daily inspection of
their trucks and are reliable, conscientious employees who take pride in theirjob performance.
Our safety record speaks for itself. A copy of our Sweeper Operator Training and Safety
Program is available upon request.
Sam Naranio will be our primary sweeper operator and has been with Webco since 2006 and
during this time has successfully provided sweeping services on many differenl contacts, each
with their own individual schedules and specifications.
Juan Varqas joined Webco in 2008 and will serve as our backup sweeper driver. He has varied
experience sweeping many different types ofapplications inc.luding city and county contmcts
and private commercial accounts.
CONTRACT MANAGEMENT
Administrative
Scheduling employees and review ofthe scope of work with individuat sweepel operators will be
handted by Todd Rentfrow. Each employee will have a thorough training period which
addresses all contract requirements per area. Daily supervision will be performed by Todd along
with recording of employee work hours. Invoicing, accounts receivable, monthly calendars,
insurance requirements, and other administrative functions will be handled by our offrce staff
and supervised by our Office Manager, Susan Fee. Fully itemized monthly invoices are to be
submitted for the City's approval. Webco will also submit separate monthly and annual
summary reports of the mileage swept and tonnage disposed. Additionally, daily logs will be
maintained by the sweeper operator indicating mileage of streets swept, sweeper model and
number, and the arnount of debris collected per area.
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Our Manager and crews are equipped with cell phones. After hours, messages are checked
every couple hours in the evening and on weekends. Additionally, we may be contacted through
our toll &ee number (800)559-3226 or email at webco@webcosweeping.com.
Equioment
All vehicles are owned by Webco Sweeping and are identified with our company name on the
trucks. All sweeper operators work within CaI/OSHA guidelines and are equipped with
blowers, safety goggles, gloves, Webco shirts, jackets, safety neon vests, boots, spitl kits, brooms
and associated tools and supplies. All Best Management Practices will be employed while
sweeping in accordance with the time frames provided-
Webco is proposing to use our 100% propane powered Tymco 600 mounted on a 2013 Ford
F650 in conjunction with our 2009 Tymco 435 sweeper. One ofour other 2009 Tymco 435s
will serve as a backup sweeper. All these sweepers have been converted to altemative fuel and
are 100% propane powered. They are in compliance with the South Coast Air Quality
Management District's Rule I 186.1. The Tymco 435 is a regenerative air sweeper with broom
assist and is equipped with water systems to minimize dust. The Tymco 435 is a good size,
making them safer and rnore efficient. We have successfully used these sweepers on similar
contracts and in all instances, have met and,/or exceeded contract specifications. Sweepers will
be equipped with GPS monitoring systems with account access given to the City.
Sweening Oneration
Webco shall provide all labor, materials, equipment and insurance required to provide weekly
sweeping service of approximately 108 curb miles ofpublic streets, medians and public alleys
Sunday through Thursday between 10:00 pm to 5:00 a.m. Webco's response to emergency
sweeping requiremenls will be within 2 hours of notice from the City. Any re-sweeps required
shall be accomplished within 24 hows after notice from the City with arterial re-sweeps to be
completed by 5:00 am the following day after notice from the City.
All scheduled employees will check in at our Downey equipment yard. They will then fuel and
inspect their equipment and supplies needed for that day and then proceed to the areas scheduled.
Upon completion of the job, all equipment will return to our Downey equipment yard. All
equipment will be cleaned by the operator, and then inspected by our mechanic. Any
maintenance issues with the equipment will be repaired and/or serviced in order to be prepared
for the next shift. All completed jobs from the previous work shifts will be repo(ed and
discussed with our Manager to ensure no problems or incidents occurred and to review the most
productive ways to provide quality and efficient service.
Best Management Practices shall at all times be employed. Areas that cannot be swept with
power srveeping equipment shall be cleaned manually as ,,r'ell as larger items being physically
picked up. our goal is to leave all areas as clean and debris free as possible, removing leaves,
paper, dirt, rocks glass, bottles, cans and other debris rhat could potentially pose a hazard to the
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I puUlic or possibly enter a storm drain. Sweeper speed will not exceed 5 MPH. All sweeping
will be conducted with safety ofthe public and least interference to pedestrian and vehicular
l'- traffrc being a priority. Webco will dispose all sweep debris generated. Webco will also be
i .esponsible for the cost ofwater required.
i- Webco understands that sweeping service postponed due to a holiday will be swept the next day
I with the weekly schedule advancing accor dingly. Sweeper operators will maintain a log listing
locations that cannot be swept due to obstructions and report these areas and any other hazardous
i issues or areas needing attention and/or repair as soon as possible.
OUALITY ASSURANCE
webco,s policy is to make as many passes as required in order to leave the area as debris free as
possible. We sweep it right the first time which has helped our company grow over the years.
limely inspection is vital in properly evaluating the sweeper's performauce as seasonal weather
and other conditions can change the condition of cleanliness rather quickly' During our
inspections, the quality ofthe sweeper's job will be evaluated to ensure all Best Management
Practices were employed. Any deficiencies will be noted along witli the date and time it was
corrected. Any problems or hazardous conditions requiring special attention shall be reported as
soon as possible so they may be addressed promptly. All our sweeper operators are equipped
with cell phones facilitating immediate communication of any issues.
CUSTOMER SERVICE
Our Downey crews work around the clock and our Manager is available by cell phone and email
2417 tohandle any issues that may arise. Our Morgan Hill office is open from 8:30 am. till 5pm.
on week days. Any sewice questions, issues or complaints shall be documented in a log. Our
Manager will work with the sweeper involved to resolve any and all concerns by the next day.
Webco is known for our commitment to quality service. If you're not satisfied, we're not
satisfied and we'll make it right.
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I- WEBCOREFERENCES/CONTRACTINFO
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I-' Agency: Union Pacific RailroadI Address:2401 E. Sepulveda Blvd., Long Beach, CA 90810
Contact: Ms. Sherry Lewis Email: salewis@up.com Phone: (562)490-7127, Project:
T Service Order #26263, Sweeping all railroad yards in the LA Basin from 1998-2014I Approximate Cost: about $ I ,400,000.00/yr.
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" Agency.: County of Orangei address: OCCR/OC Parks-A, 1300 S. Grand Ave., Bldg. B., 2nd Floor, Sarta Ana, CA 92706
:949-585-6420t'I *tal operations
. Contract On-going since 2008 Approximate Cost: $50,000 per year
Agency: OCTA (Orange County Transportation Authority)
Address: 50 S. Main St., P.O. Box 14184, Orange, CA 92863-1585
Contact: Trevor Johnson, Phone ? 14-668-4532, Email; TJohnson@octa.net
Project: Sweeping transportation lots 7/13 to Present Approximate cost: $56,000.00 per year
Agency: LA County
Address: 900 Fremont Ave., Alhambra, CA 91803-1331
Contact: Jeff Donaldson, Road Maintenaace, Phone: (310)348-6448, Fax: (3 I 0)649-0402
Email: JDONAlD@dDownnw.lacountv.qov
Contact: Benjamin Sandoval, Contract Analyst, Phone: (626)458-?334, Fax: (626)458-4194
Email: BSANDOVAl@dtrw.lacounty.sov
Project: Contracr#77011, Sweeping San Pedro, Since 7/09
Contract CompletionDate 7114, Approximate Cost: about $45,000.00 per year
Agency: County of Orange
Address: 2301 N. Glassell St., Orange, CA 92865
Contact: John Dean, Phone: (714)955-0241, Fax: (714)955-0378
Email: iohn.dean@ocpw.ocgov.com
Project: P/A #MA-080-1 1010959, Sweeping South County Streets -since 2001
Completion Date: 1/12 Approximate Cost: about S84,000.00 per year
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WEBCO REFERENCES/CONTRACT INF'O
Agency: County of Orange
Address: 2301 N. Glassell St., Orange, CA 92865
Contact: Lori Hanson, Purchasing & Contracts, Phone: (714)955-023 l, or John Dean, Phone:
(949)724-76e6
Email: lori.hanson@ocpw.ocgov.com Fax: (949)724-7607
Project: P/A #MA-080- l1010082, Sweeping N. County Streets - Since 7/09
Contract Completion Date: 9/12 Approximate Cost: about $ 160,000.00 per year
Agency: County of Orange
Address: 2301 N. Glassell St., Orange, CA 92865
Contact: Lori Hansen, Phone: (714)567 -6257
Email : Lori.Hanson@rdmd.ocsov.com
Project: P/A #MA-10011101, Sweeping Bike Trails, since 2002
Completion Date: I /l 1 Approximate Cost: about $60,000.00 per year
Agency: Bay Area Rapid Transit District (BART)
Address: 300 Lakeside Dr., P.O. Box 12688, Oakland, CA 94604-2688
Contact: Daniel Riordan (510)464-6403 or Larry Fisher (510)464-6442
contract # 6M3258& conhact #6M3230 Since 1993 webco has been providing sweeping and
pressure washing services for BART's stations. Webco has demonstrated the ability to provide
the manpower, equipment and management required to fulfill all contract requirements yJar after
year while working within different municipalities and counties with individual regulations.
These contracts are currently billed at approximately $586,300.00 per yr.
Contracts on-going.
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I BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice lnviting Bids issued by the City to construct the Work of
lhe following Proiect in accordance wilh lhe Contracl Documents:
PROJECT: Citvwide Street Sweepino Services. Contract No. CS.0584
A. Enclosed herewith and by this reference incorporated herein and made a part of this Biddefs Bid are the
following completed forms:
1, Bidde/s Proposal
2. Schedule of Bid Prices
3. lncumbency Certificale
4. Bid Security in the following form (check one):N/A (See Article I3-01 No Required
Bonds )
E aio eono fl Cash
B.
E Cashieis Check ! Certifled Check
5. Bidde/s Statement of Qualifications
6. Experience Form
7. Statement of Violatiom of Federal, State or Local Law, if applicable
8, ContractorSafetyQuestionnaire
9. Designalion of Subcontractors
10. Specialty Contractor Stalement of Qualifications
11, ContractodsAffidavitofNoncollusion
12. lnsuranceRequirementsAffidavit
13. Statement of Disqualification or Debarment.
'14. Pre-Bid Site lnspection Certificatbn.
Acknowledgment o, Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a
signed copy of all AddeMa, and by listing allAddenda received and attached in lhe space below.
ADDENDU[.,I 1
lf an Addendum or Addenda have been issued by the city and not attached and noted above as being
received by lhe Bidder, the Bid may be rejected.
lnspection of the Work and Conlracl Documents. Bidder certifies that it has carefully examined and is fully
familiar wilh all of the provisions of lhe B'xlding Documents and said Bidding Documents contain sufficieni
detail regarding the work to be performed; thal it has notified city ol any errors or omissions in lhe Bidding
Documents and/or any unusual sile conditions; and that it has carefully checked all words, prices, and
statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subconkactors have
inspected lhe site and related Drawings and Specificali0ns ol V'/ork and fully acquainted themselves wilh all
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conditions and mallers which may in any way affect the Work, lime of completion or the costs thereof.
Bidder also certifies he/she has observed the designated Contractor Work areas and access mutes, if
disclosed or shown, as part o{ the Work in this Contracl.
SITE INSPECTION - CERTIFICATION:
Person(s)\,yho inspected srte of the proposed Work for yourfirm:
11ar.. Todd Rentftow Date of lnspection 1114115
Title:
Name:
Tite:
owner/Managing Member
Date of lnspection
D. Bidder agrees that all costs of Work shoM in the Bidding Documents, including 'ork reasonably inferable
therefrom and necessary thereto, are included in his/her Biri. All Work shown in lhe Conlract Documents for which a
specific line item is not provided in the Bidding Form is included in the Bidde/s Total Base Bftl Price.
E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her dehult in executing the required
Contract and ttE required bonds, or fumishing the required insurance, the money payable under the Bid Security
accompanying this Bid shall be applied by the City towards payment of the damage to ttE City on account of such
default, as provided in the Bidding Documents.
F. Period of lnevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a
period of nol less than ninety (90) calendar days fmm lhe date of award of Contract, or until rejected by the City,
whichever pedod is shorter.
G. Bkl Dspute lndemnification. ln the event of a Bid dispute based upon the Bidde/s submission of this Bid and
the Cjty acceptance of same, the Bidder shall indemnify, delend (with munsel acc€phble to CM, ard hold hamless
the City, ib City Council members, employees, and agenls fmm liability, claims, demands, damag€s, and costs arising
therelrom if such dispute or action arises solely upon lhe award of a Cont act in compliance with federal, state, and local
lat|s.
emplovee ol the City of Vemon.
I hereby certify under penalty of periury under the laws of the State of California that lhe representations made herein
are true and conect.
Executed this 16lh 6sy s1 November at Downey
Stale
BiddeCs Proposal
Respectfully Submitted,
ctv
CA
NAME OF BIDDER
COMPANY
NAME:
ADDRESS:
Webco LB LLC, dba Webco Sweeping
12305 WoodruffAve.
Downey, CA 90241
CONTACT PERSON:Todd Rentfrow
TELEPHONENUMBER. 562-8030100
E-MAIL. webco@webcosweeping.cojn
CALIFORNIA STATE CONTMCTOR'S LICENSE NUMBER:
EXPIMTION DATE:
TM IDENTIFICATION NO,:
SURETY COMPANY:
20-2812464
FAX NtJt BER: 562-803-0200
N/A
Valley Surety Co.
All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the
Bidder. By signing the Bid, the person signing is deemed to represent thal he or she has aulhority to bind the Eidder.
Failure to sign the Bidde/s Proposal may invalidate the Bid.
BtDDER',S PROPOSAL - STGNATURE(S):
Fom ol Entity of Bidder:
Please check the appropriaie signature block below and llll in f related information.
[-l Sole Proprietorship:
By
Prinled name ol person signing
Signature
List all d/b/a's:
l-Tl Partnersrrip: 6 Generat Pa(ner E Limited partner
By:Todd Rentfrow
Ti1e. uvrnerNl anagrng MemDer
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By
By:
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Corporate OFlicer Titlej
Printed name of person signing
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l-l lolntirntrr.: E corporarton E parrnership
E tndividual E other
Printed name of person signing
Signature
Name of all Joint Venturers:
1f lhe Bidder is a corpo
business address and include an incumbency certificale eiecuted
listing each officer with signing authority and his/her correspondi
venturer slating that the respeclive parlner.orFint venturer agrees to be held joinfly and severally liable for any andall.of the duties and obligations of the Bidder under the Bid and under any contract arising iherefrom. ittach
evidence to the Bid Proposal Form that the individual signing has authority to do so.l
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SCHEDULE OF BID PRICES
PRoJECT: Citvwide Street Sweeplno Servlces. Contract No. CS-0584
BIDDER,S NAME: Webco LB LLC, dba Webco Sweeping
BASE BID
Conlract Documents relating to the proiect including all
ly familiar with lhe terms and conditions of the Contract
and the costs of the Work at the place where the Work is to be
within the time staled in stict accordance with the Contract
services necessarytotury perrorm the work and comprere ir ini:il1",iT,tr'['r'.H;?J;iff[t#+llgand transpotution
Three hundred Ihirty six thousand three hundred ninety six
-($_336,396.00
AII other work items, labor, materials, lools and incidentals which are not specifically listed in the above bid items, but are
fteTqry !9 complete the proiect per specmcations, and all other appticable standards and codes are consioereo to beincluded in the above bid items.
Prevalling wage shall not apply for this contract.
lf there is a discrepancy between (1) the "Grand rotal,,shown above, (2) any of the ,,total costs,' shown in the far
t, and the total
r any cause, 0r
hatl be divided
Bidder shall exclude lhe cost of permit Fees from Bidder,s Base Bid sum.
BID
ITEM
#
DESCRIPTION UNT Qry UNIT PRICE TOTAT COSI
1
Regular scheduled sweep rai, inctuOing atteysf,ii
raised concrete medians.
Per
Month 36 $ 9,145.00 $ 329,220.00
2 Fee lor Special Events.Per
Hour 60 $ 59.80 g 3,588.00
3 Fee tot Emergency Sweeps.Per
Hour bU $ 59.80 $ 3,588.00
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:
12305 Woodruff Ave., Downey, CA 90241
November 16, 2015
Number Date of Expiration
(SEAL - if Bid is by a corporatron)
Attest
tunount of Certified or Cashie/s Check or Bid Bond
N/A
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Name of Bondjng Company
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BIODNG FORMS
INCUMBENCY CERTIFIGATE
Print legibly lhe names and title of lhe president and allofficers of ths Company who are authorized to sign the Bil
Forms:
PRESIDENT'S & OFFICERS' NAME:
Todd Rentfrow
TITLE:
Owner/Managing Member
The..undetsigned- hereby certifies to the City of Vemon that he/she is the duly elected and actjng Secretary ol
Webco LgLLCffi l.x,i?Txilfl ;illl[*tiT,[B*iI;.',liJJlili:?:'ii:
duly elected, qualifled and acting offlcers of the Company, holding on the date hereof, the titles and positions set forth
opposite their names and are authorized to sign the Bid Forms.
. .lN WITNESS WHEREOF, the undersigned has execuled this lncumbency Certilicate this 16th 66y 61November ,29 15
Susan Fee
Secretary's Sighature
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BIDDING FORIlIS
BIDDER'S STATEMENT OF QUALIFICATIONS
1, ORGANIZATION
1.1 How many years has your organization been in buslness as a Contractoa 38+
1.2 How many years has your organization been in business under its present name? 10
1,2,1 Under @at other names has your organization operated?
Webco Sv',eeping
1.3 lf your organizalion is a corporation, ans'rier lhe following:
1.3.1 Dateof incorporation/organization:
1.3.2 State ol irrcorporation/organization:
1.3.3 Corporate lD number:
1.3.4 Name of Presidenl:
1.3.5 Agent for Service of Process:
1.4 lf your organization is a parlneBhip, answer tle following:
1.4.1 Date of organization/formalion July 2005
1.4.2 Type of partnership (if applicablel Limited Liabilily company
1.4.3 Name(s) of generar parlne4rl Todd Rentfrow & Frank Gandara
1.4.4 List all states in which you are regislered and stale lD numbers for each:
California
1.5 ll your organization is individually owned, answer the lollowing:
1.5.1 Date of organization:
1.5.2 Name of owner:
1 .6 lf the form of your organization is other than those listed above, describe it and name the
principals:
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2.2 Lisd#gsdjtrflns in which your organization,s partnership or tErde name is fited.
BIODING FORIt,lS
2.
2.1
3.1
LICENSING
List judsdiclions in which your organizalion is legally qualified to do business, indicate registration
or lic.en^se nurb-ep^hqld, category of license, if applicable.
tiiriln,j-#ab2-is-a
2.3 List any licensing suspensions and/or violations assessed against your organizalion wihin the past
five vears.
none
EXPERIENCE
ill.llh qffiff3?%,PJ.,ryflt[,][Lp[,'d'p,'{fl,T'r6?o,?l*[n'fl;,1'Io.Rg'lPim'.#f.dll.,vitE'
3.2 On the Experience Form, list the projecl information that establishes that Bidder
meets lhe essenlial requiremenls for qualificalion set fonh in the Mandatory
Qualifications paragraph of the Notice lnviting Bijs for this project.
3.3 Have Subconkactors for the tEffic signal and striping work complete the Specialty
ContractoB' Statements of Qualifications (or Bidder lo complete if self-performing).
-
3.4 On a separate sheet, list projects to which your firm or business has been awarded a
government contract since your firm or business has been in existence (giving the name
and address of the project, the govemment agency, contact name and phone number, the
conlracl amount, and contracfs starling date and ending date).
3.5 On a separale sheet, list the experience and present commitments of the key individuals
of your organizalion.
CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term 'owner does not include owners ot stock in your firm if your
firm is a publicly-traded corporalion,
4.1 ln the past llve (5) years, have, you, your fhm or any of its owners, pa(ners, officers, or
employees been a defendant in court, or partjcipated in an arbilration or mediation, on a
matler relaled to:
4.1.1 The performance, non-performance, default, violation, or breach of a contract or
agreement?
BF 12 at 34
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BIDOING FORMS
Eyrs 6to
4.1.2 A vehicle collision or accident involving your firm,s employees?
Eyes 6ruo
4.1.3 Damage to real property arising out of your services or operations?
Eyes 6Ho
4.1.4 Employment-related litigation bmught by an employee of your firm?
Eves 6no
4.1.5 Payment to a subcontractor or supplier?
Eyes ENo
4.1.6 Defeclive, deficient, or substandard work?
Evrs EHo
lf the answer to any questions in 4.1.1 to 4.1.6 is yES, ilentify lhe name of the person or
enlity that sued (i.e., 'the plainliff') or was involved in the mediation or arbitration; list the
date, c case number; describe lhe facts and circumstances giving
rise to or arbitration; and set forth the outcome or dispoiitioniAttach essary.
Have you or your frrm ever filed a claim for damages or a lawsuit, or requested arbitratjon
or mediation, against a govemment entity or a Client?
E yes El uo
lf YES, ident cr
describe the , or noffr;
and set fonh
Are there any pending or outslanding judgments or liens againsl you, your firm, or any of
its owners, partners, officers, or employees?
tryEs E ruo
lf YES, identify the name of the person or enlity entifled to payment; list the date court and
case number; describe the facts and chcumstances giving rise to the judgment or lien:
and set forth the amount of lhe iudgment or lien. Attach additional sheeti it necessary.
ln the past tive (5) years, has any government enlity ever: (a) investigated, ciled,
disciplined, or assessed any penalties against you, your tirm, oi any oiits owners,
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BIDOING FORMS
partners, officers, or employees, or (b) determined or concluded that yourllrm or any of its
owners, parlners, oflicers, or employees violated any laws, rules, or regulations?
nves Euo
lf YES, identily the govemment entitl lisl the dale, and describe the facts and
cirqJmstances about each instance. Atlach additional sheets as necessary.
ln the past five (5)years, have you, your firm or any of its owners, partners, officers or
employees been convicted of a crime related to the bidding of a govemment contract, lhe
avarding ofa govemment contract, or the performance of a govemment contract?
('Convicted' includes a verdict of guitty by a judge orjury, a plea of guilty, a plea of nolo
conlendere, or a forfeiture of bail.)
E vEs El xo
lf YES, identiry lhe government entitf lisl the date, court and case numberl describe the
facts and ckcumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
ln the past five (5) years, have you, your firm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezzlement, theft, fraud, forgery,
bribery, deceptive or unlawlul business pmctices, perjury, falsifying or destroying records
or evidence, or receiving stolen property, or making or submitting a false claim?
Eves EHo
lf YES, identify lhe crime or offense; list the date, court and case number; descdbe the
facb and ckcumstances abouteach instancei and set forth the penalty or punishment
imposed. Attach addilional sheets as necessary.
4,7 Have you or, if Bidder is a corporation, any principal of tie corporation ever been
convicted of a felony?
E yes EI ruo
lf YES, please explain lhe details of thal conviction and, if so, whether you or said officer
have served his or her s€ntence.
ln the past llve (5) years, has a govemment entity determined or concluded that you, your
firm, or any of ils owners, partneB, oflicers or employees made or submitted a false claim
(including a false claim for payment), or made a material misrepresentation?
Eyes Euo
lf YES, identify the government entity, and describe the facts and circumstances aboul
each instance. Attach additional sheets as necessary.
Have you or your company ever been charged by any govemmental agency for failure to
follow salety procedures? lf YES, please explain.
4.5
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48
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!ves EHo
4.10 Has any govemmental agency ever submitted a complaint against you or your llrm to the
Califomia State Labor Commission for failure to submit certified payrolls? lf your answer
is'Yes", please pnovide the delails ofsuch complaint.
tr ves El Ho
5, FIRM'SOPERATIONALSTATUS
5.1. ln the past seven (7) years, has your firm, or anyone else acting on behalf of your firm,
filed for bankruptcy, imolvency, receivership, or reorgan2ation?
! YES Etr Ho
lf YES, list the filing date, identify the clurt and case number; describe the facb and
circumslances giving rise to each instancel and set forth the disposition or cunent slatus.
Attach additional sheets as necessary,
5.2. In lhe past five (5) years, has your firm had an cusolidations, mergeB, acquisitions,
closings, layoffs or staff reductions? We lost a maior contract to a lower bidder in 2014 which
* resulted in laJing off some employees.
Todd Renurow who w., , ,inor. J#Jffi.rber, bolJlBsed the deceased membe/s share in 2014
makino him the maioritv owner and lllanaoino MembeI
ll YESilistthi: liling dat6, and detciibe the"faCis and circumstances about each inslance.
Atlach additional sheets as necessary.
5.3. ls your firm in the process of, or in negotial'rons toward: (a) consolidating, merging,
selling, or closing ils business, or (b) laying off employees or reducing staff?
! ves El ro
lf YES, describe the transaction; list the anticipated date for completing the transaction,
laying off employees, or reducing staff: and describe the facts, circumstances, and reason
for taking the action. Attach additional sheets as necessary.
6. BIDDING; OEBARMENT; CoNTRACT PERFORMANCE
6.'1, Has a government entity ever debarred, disqualilied, removed, suspended, or otherwise
prevenled you or your firm from bidding on, contracting, or compleling a conslruction
proiect?
! ves El uo
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lfYES, identify the name ol the government entity, list the date, and describe the facts
and ckcumstances about each instance, and state the reason forlhe government entily,s
action against your firm. Attach additional sheets as necessary.
Has a govemment entity ever rejecled your firm's Bid or proposal on the gmund lhat you
or your lirm is a 'non-responsible' bidder or proposer?
Eyes trHo
lf YES, identiry the name of the govemment entity, list the date, describe the facts and
circumstances about eadl instance, and state lhe reason or basis ,or the govemment
enlitys determining that your firm u,Es a 'non-responsible" bidder. Attach additional
sheets as necessary.
Have you or your firm ever failed to fulfill or perbrm - either parlially or completely - a
conhact or an agreement with a govemment entity or a client?
Eyes Eruo
lf YES, identiry the name of lhe govemment entity or client, Iist the date, and describe the
facts ard circumstances about each instance. Attach addilional sheets as necessary.
ln the past five (5) years, have you or any officer or principal of your firm been an officer of
anoher firm which failed lo perform a contracl or agreement?
trves EHo
lf YES, llst the date, and describe the facls and circumstances about each instance.
Attach additional sheets as necessary.
Has your firm ever advised a govemment entity or a client, while your firm was under
contract with the govemment entity or client, that your flrm could not (or would not) fulfill or
perform - either partially or completely - the contracl or the agreemenl based on the
prices that your firm had originally submifled in a Bid or a proposal?
tryes mNo
lf YES, list the date, jentify the name of the govemment entity or client, and describe the
facts and circumstances about each instance, Attach additionalsheets as necessary.
Has your firm ever requested a govemmenl enlity or a client, while your firm was under
contract wlth the governmenl entity or client, to renegotiate one or more terms of the
existing conlract or agreemenl?
tryes Ero
lf YES, idenlify the name of lhe govemment entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessarv.
6.4
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6.7. Has your firm ever requested a government enlily or a client, while your firm was under
contract with the govemment enlily or client, to: (a) cancel lhe contract or agreement, or
(b) release or dischaqe yourfim form the conlract or agreement?
Eyes Erc
lf YES, identiry the name of lhe govemment entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.8. Has a govemmenl entily or a client ever lerminated, suspended, or non-renewed your
llrm's conlract or agreement before its completion?
lYEs mNo
lf YES, identify the name of the govemment entity, tist the date, and describe the facts
and circurnstances about each instance. Attach additional sheels as necessary.
6,9, Has a govemment entity or a clienl ever nolilied or advised your lirm that your frm's
performance under a contracl or agreement was poor, sub-standard, deficient, or non-
compliant?
Iyss E Ho
lf YES, identry lhe name of the governmenl entity or client, list lhe date, and describe the
| . lacts and circumstances about each instance. Attach additional sheets as necessary.
t
t 6,10. ln the past five (5) years, has your firm paid, or has your firm been assessed, liquidaled
i damages on a contract or agrcement?
; Eves E No
t-I lf YES, identify all such contracts/projects by owner, owne/s address, the date ofi" completion of the project, amount of liquidated damages assessed, and all other
infomation necessary to fully explain the assessment or payrnent of liquidated damages.I Attach additional sheets as necessary.
I
I 7. INSURANCE AND BONDS
i I I ln the pst ten years, has an insurance company or a surety company:i_
. 7.1.1. Refused to insure your firm lor liability covecge?
i- Eyes trHo
I 7.1.2. Canceled or non-renewed your firm's insurance coverage?
t trYES EHo. 7.1.3. Refused to issue your firm a bond?
r= Eyrs EHo
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BIDDING FORIVlS
7 .1.4. Canceled or revoked a bond obtained by your firm?
Eyes E]Ho
lf lhe answer to any questions in 7.1.1 to 7,1.4 is YES, identry the name of the jnsurance
company or surety company, list the date, and describe the facts and ckcumstances
about each instance. Attach addition sheets as necessary.
ln the past ten (10) years, has an insurance company or surety company made any
payments on your firm s behalf as a result of a delault, to satisfy any claims against a
performance bond, paymenl bond, or maintenance bond issued on yourJirm's behaln
tryes E No
lf YES, identify each contrdct clmpleted or amount of each claim, the name and
telephone number of the claimant, the date, gounds and cunent status ofthe claim, and if
resolved, the method, nalure, and amount of the resolution. Attach addition sheets as
necessary.
8.
lf a performance and/or payment bond is required
company if anangements for the bond have been
company for lhe Contracto/s most recent project:
Name and address of agent:
I hereby certify under penalty of perjury under the laws ol the state of California
herein are true and correct.
Signaiure of Bidder
Todd Rentfrow,
by lhis bid,
made; if not,
8.1 identify the bonding
identfy the bonding
All of the above statements as lo experlence, financial qualifications, and available planl and equipment are
sutmitted in coniunction with the proposal, as a part thereot, and the truthfulness and accuracy of the
information is guaranteed by the Bidder,
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EIDDtNG FORI,4S
Company Name:
CONTRACTOR SAFEry QU ESTIONNAIRE
Webco LB LLC
l- Primary Type of work:Street sweeping and parking lot sweeping services & pressure washing services
p5on. 11um5s1. 408-78-5411 or 800-5593226
i' Dare. 11/13/15
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i 1. List your company's lnterstate Experience Rating Modifier (ERM)1 forthe three most recent years.
, - Person completing Form: susan Fee
I' Ti1e. Otfice Mgr.
20_.ll .63 These X Mods are combined from our N, CA &
Southern CA locations
000000
000000_
12.035 32J!Z 33.892
2014 5720_1L .59
f' Z. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years.
t . 2014 2013 m12
a. Falalities
b. OSHA recordable incidents
c. Lost \,!ork day incidents
d. Tolal lost work days
e. Totalhours worked
i I Company Safety Contact:
' ,. Name Susan Fee or Todd Rentfrow
408-7 7 8-541 I - 562-803-01 00D. Pnone
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I ' ERM = applies to workers' compensation policies. lt compares the experience of this contractor to others of similar size, type andI lalio. Used against annual premium. lt has a direcl correladon to how much the contractor pays in workers' clmp premium.
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CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION
a. Do you have a written safety program manual?
Circle One
@*
BIDDING FORIIS
1) Last revision date 2012
b. Do you have a written safety field manual?ves 6o)
c. Are all uorkers given a booklel that contains work rules,
responsibilities,andotherappropriateinformalion? (9,U0
POLICY AND MANAGEMENT SUPPORT
a. Do you have a safety policy statement from an offic€r ol lt yes) No
the company? \--/
b. Do you have a disciplinary process for entorcement Gi Uo
of your safety program?
' V
c. Does managemenl set corporate safety goals? @t.
e. Do you safety pre{ualify subcontractors? Yes ruo N lh
f. Do you have a Mitten policy on accident reporling @ *.
and investigation?
g. Do you have a lightduty, return-lo-work policy? @*.
h. ls safety part of your supervisor's performance evaluation? @ *o
i. Do you have a personal protective equipment (PPE) policy? t*@
EJ Reasonable cause testing E Alcohol tesling
E Post accident testing n National lnstitute on Drug Abuse
n Panel Screen
Does each level of management have assigned safely
duties and responsibilitles?@*'
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BIDDING FORI,IS
3. TMINING AND ORIENTATION
a. Do you conduct safety orientation tlaining for eachemployee? @lr.
b. Do you conduct site safety orientation for every @N.person new to the Pb site?
c. Does your salety program require salety training meelings? @*.for each supervisor (foreman and above)?
How often?
E Weekly I i/onthly E Quarterly E Annually E other
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t' d. Do you hold tool boxrtailgate safety meetings
r - focused on your specific-work operationVeiposures? Ves @i How ofren?i -weerty E oaitv E oterjve!911!!lds regularsafety rneetings
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Pre projecutask planning -L Emergency procedures
)( Record keeping _ Auditsiinspections
X. Safety committees x Accident invesligations/reporting
-
HMCOM -\ Training documenlation
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Substance abuse prevention'
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Hazardous work permits
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e. Do you rquire equipment operation/cedmcation training? @ro
4. ADMINISTMTION AND PROCEDURES
a. Does your Mitten safety progEm address
administEtive procedures?
ll yes, check which apply:
_ Retum-to-work
b. Do you have project safety committees?
Do lhese inspections includes a routine safety
inspection of equipment (e.9., scaffold, ladders, fire
extinguishers, etc.)?
d. Do you investigate accidents?
_ Subcontractor prequalifi cation
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c. Do you conduct job site safety inspections? @*.How ofren?! Daily E Weekly ! Monthly I Other_lhis is takelinto consideration on our regular i'ob inspections
@n.
Yes No
How are they reported?
I Totalcompany E By superinlendent
E By projecl El By poject manager
E By foreman E ln accordance with OSHA
e. Do you discuss safety at all preconslruction and progress meetings? t* @
We don't have preconslruction or progress meetings as there is no construction bul safety issues are also discussed
at regular staff meetings
3F 22 ol 34
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BIDDING FORlvlS
t. Do you perform rigging and litting checks prior to lifting?(D No
E For personnel fr For equipment ! Heavy liftslmore than 10,000 lbs.)
WORK RULES
a. Do you periodically update work rules?
When was the last update? 2 vears aoo
b. What work practic€s are addressed by your work rules?
@*'
E Access--+ntranceJstairsE CPRfiirst aid
I Banicades, signs,
and signals
n Blasting
E Communications
! C,ompressed air and gases
E Concrete work
! Confined-space entry
I Cranes/rigging and hoisting
E Ebctrical grounding
E Environmental controls and
Occupalional health
I Emergency procedures
E Fire protection and preventpn
! Floor and wall openings
E Fall potection
! Housekeeping
E Ladders and scaffolds
E Mechanicat equipmenu
maintenance/pre{p checks/
operalion
D Welding and cutting (hot work)
OSM INSPECTIONS
a. Have you been inspected by OSHA in the last three years?
b. Were these inspeclions in response to complaints?
c, Have you been cited as a result ol these inspections?
I Respkatory protection
EI Malerial handling/storage
! Temporary heat
E Vehicle safety
I Tralfic conhol
I Site visitor escorting
E Public protection
I Equipment guards and gmunding
E Monitoring equipment
E Flammable material handlirE/storage
I Site sanitation
I Trenching and excavaling
E Lockouflagoul
I Energ2ed/pressurized equipment
E Personal prolective equipment
E Tools, power and hand
E Ebctrical por er lines
n oorer-
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ll yes, describe the citalions (add additional sheets if necessary):
BF 23 of 31
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BIDOING FORI!1S
DESIGNATION OF SUBCONTRACTORS
NAI/E 0F BIDDER: Webco LB LLC - WE DO NOT USE ANY SUBCONTMCTORS
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform rork or labor or render
service to the Contrac{or in or about the constnrction of the Work or improvement, or a Subcontractor licensed in the State of
California who, under subconlract to the Contractor, specially fabricates and installs a portion of lhe Work or improvement
according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one
percent of the Contraclo/s Base Bid Amount. Eaci Subcontractor must have an active and cunent license, and all requisite
specialty cerliflcations, when listed.
Bidder must provide the following information for EACH Subcontractor.
1. The name ofthe Subcontractoi
2, The trade and type of work that the Subcontretor will performi
3. Location (addtess) of Subcontracto/s place ol business;
4. Subcontretofs license numbeq and any specialty licenses; and
5. Dollar value of the Work that lhe Subcontractor will perform.
Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractods Base Bid to
which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity,
and then only after a finding reduced to wriling as a publ'rc record of lhe City setting forth the facts constiluting lhe emergency
or necessity.
lf the Contractor violates any of the above provisions the C,ontractor may be in breach of this Contract and the City may
exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount nol
more lhan ten percent (10%) of the amounl of the subcontract involved, and this penalty shall be deposited in the fund out of
which the prime Contrdct is awarded.
If the Conlcctor fails lo speciry a Subcontractor, or if the Contraclor specifies more than one Subcontractor for the same trade
0r lype of Work to be performed under the Contract in excess ofone-half ol one percent of the Contracto/s Base Bid Amount,
then the Contractor agrees that hdshe is fully qualified to perform that Work himself/herself, and that he/she shall perform that
Work himself/herself. ll after award of Contract, the Confactor subcontracts any such Work, the Contractor will be subject lo
the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWNG PAGE
It-
BF 24 af 34
DESIGNATION OF SUBCONTRACTORS (continued)
PIease type or legibly print (attach additional sheets as necessary).
Name of Subcontractor
Trade and
Type of Work
to be
Performed
Business Location
Webco does not use any
subcontractors
B]DDING FORt.,4S
Llcense
Number
Dollar ($)
Value
BF 25 ci 34
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BIDOING FORI,IS
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T The Contractor shall not:
Jt A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except
!- that lhe City may consent to he substitution of another person as Subcontractor in any of the followingI situations:
t
'1. When the Subcontractor listed in the Bid, afler having had a reasonable opportunity to do so, falls
or refuses to execute a written mntract for lhe smpe of Work specifled in the Subconkactor's bid
and at the price specilied in the Subcontractor's bid, when that Mitten contrdct, based upon the
general terms, conditions, Drawings and Specifications for the Proiecl or the terms of Contracto/s
written Bid, is presented to the Subcontractor by the Contractor;
2. When the listed Subcontractor becomes insolvenl or lhe subject of an order for relief in bankruplcy;
3. When the listed Subcontraclor fails or refuses to perlorm his/her subcontract;
4. When the listed Subconlractor fails or refus€s to meet the bond requircments of the Contractor as
set forth in Public Contract Code Section 4108;
5. When the Contractor demonstrates to the City thal lhe name of the Subcontractor was listed as lhe
resull of an inadvertent clencal enor;
6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;
7. When the City determines that the Work perlormed by the listed Subcontractor is substantially
unsatisfactory ard not in substantial accordance with the Drawings and Specifications, or that the
Subcontractor is substantially delaying or dlsrupting the progress ofthe Work;
8. \r/hen the lisled Subconlractor is ineligible to work on a public works pojecl pursuant to Section
1n7 i ot 1777.7 ol the Labor Code; or
9. When the City determines that the listed Subcontractor is not a responsible contraclor.
B. Permi( any subcontracl to be voluntarily assigned or transferred or allow it to be performed by anyone
other than the original Subconlractor llsted in the original Bid, without the consent ot the City.
C. Other than in the performance of'change orders" causing changes or deviations fmm the original
Conlract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the
Contracto/s Base Bid Amount as to which his/her original Bid did not designate a Subcontractor.
Prior lo approval of the Contraclo/s request for a Subcontractor substitution, the City shall give notice in writing to the
listed Subcontractor of the Conkaclols request to substilute and of the reason for the request. The nolice will be
served by certified or registered mail lo lhe lasl known address of the Subcontractor, The listed Subcontractor lvho
has been so notifed shall have five (5) Working Days within which lo transmil to the City written objections to theI subslitution. Failure to file these wrilten objections shall conslitute the lisled Subcontracto/s consenl to thei substitution. lf written objections are liled, the City shall give notice in writing of at least five (5) Worting Days tothe
listed Subcontractor of a hearing by the City on the Contraclofs request for substltution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in lhe lisling of a Subconlractor, shall. within two (2) Working Days afler the time of the Bid Deadline, give Milten nolice to the City and copies of such
notice to both the Subcontraclor he/she claims to have listed in enor and the intended Subconlractor who had bid to
lhe Contractor prior to the Bid Deadline.
BF 26 of 31
3.
4.
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BIDDING FORMS
N/A Webco does not use any
Subcontractors
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with his/her Contract proposal.
1.
2.
5,
b.
7.
L
Were bid deposilory or registry services used in obtaining subcontractors bid flgures in order to compute
your bfti? -
Ves E
l, the answer to No. 1 is 'Yes', please lorward a copy of the rules of each bid depository you used with this
questionnake.
Did you have any source of subcontraclors' bids other than tid depositories?
Has any person or group threatened you with subclnlractor boycotts, union boycotts, or other sanclions lo
attempt to convince you to use the services or abide by the rules of one or more bid depositories?yes! NoE
lf the answer to No. 4 is 'Yes", please explain the following details:
(a) Date:(b) Name of person or group:
(c) Job involved (if applicable):(d) NatuB ol the threats:(e) Additionalcomments:
(Use additional paper if necessary)
Was a conscious eftorl made to recruit or povide equal opportunity for bids by minority or project areasubcontractors? VesE UoE
Was a conscious effort made lo recruit and hke project area lower-income residents?YesE NoE
Please submit statement.
We declare under penalty of perjury that the foregoing is true and conect.
Dated this _ day of 20-,
All of the above slatemenls as lo experience, financial qualifications, and avallable plant and equipment are
submitted in conjunclion with the proposal, as a part thereof, and the trulhfulness and accuracy of the informalion is
guaranteed by the bidder.
BF 2l cl 31
BIDDING FORMS
CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION
STATE OF CALIFORNIA
2.
3.
4
5.
7.
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COUNTYOF L.A-
R.onat d I.SD RePtr+o*'being finst duly slom, deposes ard says:
1. That he/she is th6 or,lr.cr/l}tanajrnXmentJr(fide of ofrce if a mrporation, .sole owner,. ,pdtner,.
or other proper title) of Uebco LB alc , (hereinafter cdled
'Conkadof) who has submitted to the City of Vernon a Bid for the construction of the Citywide Street
Sweeping Services;
That saU Bid is genuire; that the same is not sham; that dl statements of fact therein ac true;
That said Birj is not mdo in lhe interest or behdf of any person, partnership, company, association,
organizdion, or corporatbn not named or disclosed;
That Contractor did not directy or indiredly induoe, sdicit, agree, collude, conspire or contrive with
anyone else to submit a fds€ or sham bld, to refrain fom bidding, or wilhdraw his/her biJ, to raise or fix
the Bid price of Contrac{or or of anyone else, or to rabe or fix any overhead proflt, or cost elernent of
Contractor's pri:e or the price of anyone else; and dki not aftempt to induce etion prejudicid to the
interests of the City of Vemon, or of any other Bidder, or anyone dse interested in the poposed
Contract
That the Contractor has not in any m€nner sought by cdlusbn to secure for himself an advantage over
any other Bi.dders or induce etion prejudicid to the interests of the City of Vemon or of any other
Bidder, or aryone dse interested in tlle poposed Conlnct;
That the Contractor has not acepted any bid from any Subcontractor or materid supplierthrcugh any
bid depository, the bylalvs, rules or regulations of whbh prohibit or prevent the Contractor from
consirJering any bid from any Subcontractor or material supdier, which is not processed through said
bid depository, or whioh prevent arry Subcontractor or materid supplier IrDm bidding to any Contretor
who does not use the facilities of or accept bids from or though srch bid depository;
That the Conkactor dd not, directly or indirectly, submit the Contractoas Birj pnce or any breakdown
thereol or the contents thereof, or divulge information or data relative thereto, to any corporalion,
partnership, company, associalion, organization, bid depository. or to any member or agent thereol or
BF 28 ol34
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JURAT
A noiary 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
lhe truthfulness, accuracy, or validity of that document.
State of Califomia
countv of Lg Avaela----------_-
Subscribed and swom to (or affirmed) before me on tus -f,oay of tl*bWrr
20 l(by ?ow,ld ToAA Qc'nfftr,"-.t
proved to me on the basis of satisfactory evidence to be the personlr, who appeared
before me.
OPTIONAL lNFORMATION INSTRUCTIONS
Ihe ffitding ol Joats @nplekd h Cditudia Etut tdtu y t , Nls tusl b h to lotu
as sel,brlt x/irhir tfr,b.irot Tlse aro tu efiEplidls fr s Juallo be (!,.try'fi6d tfus nd
fu* kis fom, lhe nolary tud @ltod lhe vwbie@ by usiry d Nral *ip @tts,itgNg ho
co|ecl wodng u allEiil,iry a eparale jual lorn s]dj as frb 0,,6 vih doos omrah UD
ptory wotdig h addlbn,0E ,r/.ary m$l rcquhe oat, ot dfunalbn lon hs
dodrwtl sig]€r rcgardirg ltE l&lirr*,ess d ab corhrb d llu &orll,ern. Ihe
docutw fiust b si@ed y'FIER he oah ot afrmalidl [ [1o dodnnent y,s prgdo,,dy
sipo4 il must Da re.sigied ii'r M d nE notaty Nbtc dutidg lln lnl pwss
. State and county inbmation musl be lhe state and county where the
documenl signe(s) persohally appeared betorc the notary public.
. Date of notarization must be the date the signe(s) p€rsonally
appeared \,,tich musl also be lhe same dale lhe jurat process is
C cornpleled.v . Prin! the name(s) of lhe document signe(s) who peEonally appear at
the irme of notarizalion.
. Signature of the noiary public musl match lhe signalure on file with the
offce of lhe county clerk.
. The notary seal irnpression musl be clear and pholographically
reproducible- lmpression musl not covet text or lines. lf seal impression
srnudges, re-seal if a sutficienl area permils, otherwise corhplele a
diflerent jurat form..! Addilional information ls hot requled but could help
to ensure this jurat ls not misused or atlached to a
diflerent document..i lndicate title or type of attached documenl, number oF
pages and Cale.
. Securely attach this document Io lhe signed document with a staple.
One or desorplion o[ atlac]Ed doo.menl coitinued)
DESCRIPTION OF THE ATTACHED DOCUMENT
(Trle or descnptron ol atta$ed doq$tenl)
2C15 \;t-rsrcr y.r,-.e l'Joiarvclasses-com 80C-6?3-93F:
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6mNO FoRlrS
IHE BTDDERS NSURAi|CE OorpAlty(S}OnNSUMI{CEAcE{r uusrcoilpLETETt{t3 FoRIt
AID
I}IE BIDOER UUSI SUBUIT 1HIS CERTIFICAIIOI{ WMI fiE TID FORTS.
t, [u unlerssred (h chodr o10 bd) tr urd$u,ilE /rg"rt,.rtttrd f ald 0E Co.rt8cbr btsd brhw ha,e
t ocmaob and ho C([rfad lbanEnb. f ho Oty
pmF4 I wfl be ailF-+&h tuu&en (11) csh$a,
frrnbh !E C[y rlth yeU lur.dEc ftms (nddtg
q|o 0f rnro lnsrarco codfrcalos a,d addllbnd hsilr€d odq8.mmE) ffi lidly md aI d lE lnsureme
@ulremenls,
Co.n.rsfon - 4 ssoc.
lnsurdlco Agenfs Nams
5- ?stJ 5- 8)) b
.lennl 9 brn crs tvn-4'a s !^ r^ n ca , n.f
ttlttlt.q
'DdaName of lnsurence Company
Contrastois Name Clty Speclf,cafl on Number
Eelow Slalo fp lVame ol lnsuflfraGonpany Pflrfery fuet4f,:
DO NOI wilo ayil ftoyHe,' 10 86 Dat6mlnsd,' aUhon Rquhod,' or slmllar phmses.
;lJ s frre -L.scls
h.
Cltv Wl Purchase Pollcv. tl r€oulred
Bulld€rs Rlsk
INOTE TO CONTRACTOR: See 'lnsurancs Requlromonb' EXHIBIT I of the Confacl for the requfemont of
obtalnlng Pollullo0 LJsblltty lnsuranco,l
}IOIE TO Il{E UHDERWRITER, AGENT: lt th6 lnsurancs toms that th6 Conlraclor submlls h tho City do nottully
comply Mlh Ul8 lnsurance RequlrEmenb, and/or lf lhe Conlrdclor ,alls b submtt lh6 forms wilhln fto 14-day dmo
lllnil, ths Clty may: (l) declare lho Contracto/s Bld non-responslve, and (2) awad lh6 Contract to tie nBxt bw6st
responslble Eldder.
WodGrs Compensauon Llabinty
BF 30 ol3.
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LI\'ING WAGE COMPLIANCE CERTIIICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code
Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors
providing labor or services to the City by contract in excess of$25,000:
a Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all
employees, as defined in the Ordinance who, at any time, provide labor or delivery services
to the City of Vernon. Additionally, on July lst of each year thereafter the Living Wage rate
shall be adjusted by the change in the Federal Bureau oflabor Statistics Consumer Price
Index, for the Los Angeles area, for the most recently available 12 month period.
Accondingly, cunent City contractors will be required to adjust wage rates no Iater than July
I st, to remain in compliance.
a Notify employees who spend any of their time providing labor or delivering services to the
City of Vernon who make less than twelve dollars ($12) per hour oftheir possible right to the
federal Earned lncome Tax Credit (EITC) under $ 32 ofthe Internal Revenue Code of 1954,
26 U.S.C. $ 32, and making available to such employees forms required to secure advance
EITC payments.
t If there is a differenee between the Vemer Living Wage rates end the €alifernia lreveiling
iei'
The selected contractor will be required to show compliance with the Living Wage Ordinance by
submitting payroll records as requested by the City. Each record shall include the full name of
each employee performing labor or providing services under the contract; job classification; rate
ofpay and benefit rate.
Provisions of the Living Wage Ordinance may be waived in a bona fide collective
bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous
terms. If this provision applies, you must provide a copy of the collective bargaining agreement
to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which
this bid/proposal ,..u0". *"O"o t, ?l#rr,Urilrri *ill comply with the
requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article
XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vernon Living Wage Ordinance may result in termination of the
contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
Todd Rentfrow Owner/Managing Member
(Title)
tt/t6lt5
(Signaturd (Date)
Please return this form with your bid,/proposal- Questions conceming the Living Wage Ordinance should be
directed to the Department ofFinance - Purchasing Division 323.583.E81 l.
BF 310t34
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CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
Purchasing & Payables Division
4305 Santa Fe AvenueYernon, CA 90058
(323) 5E3-t811 Fax (323) 826-1433Internet:ry!@
Article I. Amdrvit of Equal Opportunity Employment &
Non-segregation (Forn AA-1)
Afticlc II. Vendor List Questionn&ire (Forms AA-2 &3)
In order to be placed to the City's vendor list and be eligible to recqive City business, you must provide
the following information except where indicated as "optional." 'By submitting this form you are
declaring under penalty of perjury under the laws of the State of California and the laws of the United
States that the information is true and correct. Furthermore, you are certirying that your firm will adhere
to equal opportunity employment practices to assure that applicants and employees are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your
frm does not and will not maintain or provide for its employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained.
Name ofCompany:Webco LB LLC Business Telephone s62-803-0100
Address: 12305 WoodruffAve,Fax number: 562-803-0200
(optional)
City Downey State CA Zip 90241
Contact Person Todd Rentfrow E-mail Address webco@webcosweeping.com
Tax ID Number (or Social Security Number)20-2812464
Remit Address (if different)
Please state clearly and concisely lhe type(s) ofgoods and services your company provides:
Webco provides street and parking lot sweeping services as well as pressure washing services and
parking lot striping.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please
check all that apply):
African-American Asian Armenian
Disabled
Hispanic_ Nalive Americarr_
Female_
(optional)
BF 32 of 31
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PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
Samuel Kevin Wilson, Director of Public Works, Water & Development Services
4305 Santa Fe Avenue, Vemon, California 90058
Telephone (323) 583-881I Fax (323) 82G1435
November 12,2014
Via e-mail and UPS
NOTICE TO BIDDERS - ADDEI\DUM NO. I
CITYMDE STREET SWEEPING SERVICES
CONTRACT NO. CS-0584
IN THE CITY OF VERNON, CALIFORNI,A
This notice shall be considered as Addendum No. I to the Specificatiors for the above-mentioned project and modifies
the original Specifications and Contract Documents, as noled below. Portions ofthe Cont"ct, not spe.ifically mentioned
in the Adde,ndunu remain in fore.
Contract Specifi cations:
In the EXHIBIT A the GENERAL CONDITIONS, Article 3.07 Liouidated Damaqes Page GC-30 shall be
amended as follows: 'Coutractor and City ,gree to liquidate damsges in the amount offive hundred dollsrs
($500) per day, with respect to Contractor's failure to achieve Substantirl Completion ofthe Workwitbin
the Contract Time, The Parties intend for the liquidated damages set forth herein to &pply to this Contract
as set forth in Government Code Seclion 53069.85. The Contractor acktrowledges and agrees that the
liquidated damages are intended to compensste City solely for the Contmctor's failure to meet the deadlitre
for Substantial Completion and shall not excuse Contractor from liability from any other breach, including
any failure of the Work to conform to the requirements of the Conlrsct Documents.'
In the STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR,
Section 4, TIME FOR PERFORMANCE - Liquidated Damages on Page CONTRACT 2 shall be anended to
read as follows: 'If Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Conlractor shall pay City as liquidated damages the amount
offive hundred dollars ($500) per day for each calendar day occurring after the expiratiotr ofthe Cotrtract
Time for Substantiat Completion until Contractor achieves Substantial Completion of the entire Work, as
required by Article 3 of the General Conditions ofContract.,
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Ifyou have any questions, please call me at (323) 583-881 I extension 220.
Public Works Project Coondinator
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will be entiued to a one day extension of time whether or not condltions change thereafter and the
major po.tion oflhe day is suitable for Work,
COMPLETION AND ACCEPTANCE
A Upon request by the C,ontsactor, tne Director shdl conduct a finat inspection of the Work. lf, in lhe
Diecto/s opinion, Final Completion has been adlieved, the Drector will accept he Work by issuing a
"Notbe of Completion' of the Work to the Contractor. Upon he issuance of the Nothe of CompletiDn
the Contracbr will be rBlieved fmm responsibility to $otect the Work.
8. Wthin 15 calendar days afler lssuing the Notte of Completion, the Drector will record the Notice of
Completion with the County Recorder.
LIQUIDATED DAMAGES
Contractor and City agrBe to liquidate damages in the amount of five hundred dollars ($500) per
day, wr'th respect to Contracto/s lailure to achieve Substantial Comdetion of the Work within the
Confact Ime. The Parties lnterd lor lhe liquidaled damages set fodh herein to apply to this Contracl
as set forth in Govemment Code Section 53069.85. The Conlracbr acknowledges and agrees that
lhe liquidated damages are intended to compensate City solely for he Contracto/s failuE to meet the
deadline for Substantial Completion and shall not excuse Conhaclor fom liability from any other
brcach, including any fallure ofthe Work to conform to the requiremenh ofthe Cont"ct Documents.
ln the event hat ContBctor fails to achieve Substantal Completion of the Work within the Contr4t
Time, Conhactor agrees to pay City the amount specilied in tn Contract form lor each calendar day
that Substantbl Completion is delayed.
Conlractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event oI late completjon oftre Work,
Conhaotor and City acknowledge and agree that the amount of such damages are impossible to
ascenaln as of the effective date hereof and have agreed to such lQuidated damages to fix City's
damages and to avoid later disputes. lt is undeGtood and agreed by Contractor that liquidated
damages payable pursuant lo lhis Agreement are not a penally and lhat such amount are not
manifes{y unreasonable under the circumstances existirg as of the eflective date of this Agreement.
It is further mulually agreed lhat City shall have the right to deduct liquidated damages against
progress paymenls or retainage and that the Cry will hsue a Construction Change Directive and
reduce the Contract Sum accordingly. ln the event the remaining unpaid Contract Sum is insutficient
to cover the full amount ol liquidated damages. Contractor shall pay he difference to City.
[END OF ARTCLE]
ARTICLE 3
GC,30
3.06
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Citywide Street Sweepinq Services
Contract No. C5-0584
4. TIME FOR PERFORMANCE
Conkact Time, Contactor shall achieve Substantial Completion ol the Work wilhin 1.095
calendar day6 from the Date of Commencernent establhhed in Citys written Notice to Proceed fContract
Time"), subject to adjustment in accordance with he Contract Documents. Contractor shall achieve Final
Completjon of the Work, within the time established by he Certilicate of Substantial Completion issued by
the City. The Contract Time may only be adjusted as permitted by this Conslruction Contract and the
General Conditions.
Time is of the essence of thls Agreement, Except when the Contract Documenb state
otherwise, tirne is of the essence in the performance of the Work, Contractor acknowledges lhal the time
limits and deadlines set forth in the Contract Documenb are reasonable for Confactor to perform and
complete the Work.
Liquidated Damages. lf Contractor fails to achieve Substantial Completion of he entire Work
wihin the C,ontracl Time for Substanlial Completion, Cofltractor shall pay City as liouidated damaqes the
amount of five hundred dollars ($500) per day for each calendar day occuning afrer lhe expiralion o[ the
Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire
Work, as rcquired by Article 3 ofthe General Conditions of Contract.
Contractor lnitlal here: _,
5, CONTMCT SUI\4
ln consideration of lhe Contractor's full, complete, timely, and laithful performance of the Work required by
the Contract Documents, City shall pay Contractor the sum of dollars/no cenis
($ ), payable as set forlh in the General Conditions ('Conkact Sum').
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CONTMCT 2
RE:
RECEIVED
DEC 0 8 20t5
December 15, 2015
Honorable Mayor and City Council
Samuel Kevin Wilson, Director of Public Works, Water and Development
Services Sv'v l-Z<-.'
Scott B. Rigg, Public Works and Water Superintendent
Authorization to begin Proposition 21E Process to Amend the Water Rate
Schedule
Recommendation
A. Provide authorization to City staff to begin the Proposition 218 process to Amend the Warer Rate
Schedule; and
B. Find that the proposed action is statutorily exempt from Califomia Enyironmenral Quality Act
("CEQA") review, in accordance with CEQA Guidelines section 15273, because CEQA does not
apply to the modification, restructuring, or approval ofrates and other charges by public entities
done for, among other purposes, meeting operating expenses, purchasing or leasing supplies,
equipmenl, or materials and obtaining funds for capital projects, necessary to maintain service
within existing service areas.
Backsround
The Department of Public Works, Water and Development (Depanment) has performed a
comprehensive financial analysis to ascertain the current revenue requirements to fully fund the City of
Vernon's Water Enterprise costs. Based on the projected costs for fisca.l year 2O15-2016, the water rates
should be adjusted. The justification for the proposed warcr rate adjustment is herein artached as
Appendix Nos. l, 2, and 3. The Depanment is seeking direction from the City Council in terms of
amending the current water rate schedule.
Moreover, the City last adjusted its water rates on March l, 2015 to cover increased expenses
associated with rising replenishment and surface water costs. Since then, the City has performed a
detailed evaluation of its water distribution and production facilities and found that continued capital
improvement projects are needed in order to ensure the water system is functioning at optimum
efficiency. Metropolitan Water District (MWD) surface water costs have continued to increase. fie cost
RECtrTvED
CITY CLtx('s
DATE:
TO:
FROM:
DEC 0I 2015 CITY ADMINISTRATION
STAFF REPORT
I'EPARTMENT OF PUBLIC WORKS, WATER AI\D
DEVELOPMENT SERVICES
Page I of 6
II4WD charges for an acre-foot of water has increased by nearly 62.52-percent since 2009. Table No. I
illustrates the cost increases:
Table No. I
Date of Increase-Surfacrc Water Cost Per Acre-Foot
Prior ro July l, 2009 s635.00
July l, 2009 s653.00
September l, 2fi)9 $781.00
January l, 2010 $791 .00
July I, 2010 $805.00
January l, 201 I $855.00
July l, 201 I $859.00
Januarv 1,2012 $915.00
January 1,2013 $967.00
January l, 2014 $ 1,038.00
January l, 2015 $1,062.00
Ianuary l, 2016 $ 1,032.00
Total Increase: 6252 Percent
It is estimated that the City will use approximaely 7,300 acre-feet of water for the 2015-2016
fiscal year. Of this, approximately 6,50O acre-feet will be extracted utilizing the City's adjudicated warer
rights. The remaining 800 acre feet will be purchired from CBMWD. Moreover, water sales have
decreased approximately 9.73 percent since 2013 due in pafi to normal economic activity and assumed
reduction is usage due to the Declaration of a Phase I Water Supply Shonage in August of 2014 and
Declaration of a Phase II Water Supply Shonage in June of 2015. This reduction in water sales has
resulted in an increase in water rates to cover fixed costs.
The City's water rates are split into three components, a meter charge, commodity charge, and
square footage charge. The Howard Study determined how the Water Department's costs should be split
among the three charges to accurately capture costs. Each expense account is split into a fire related cost,
a commodity labor cost, and a commodity non-labor cost. The commodity rate is based on providing
revenue to cover l(X)-percent of the commodity non-labor costs and 50-percent of the commodity labor
costs. The meter charges are set so that reyenues collected will equal the remaining 5o-percent of the
commodity related labor expenses. Finally, the square footage revenues should cover lo0-percent of the
fire related expenses.
Based on projected 2016 costs, the water rates should be adjusted. The projected costs include a
projected need of $1,950,000 in capital improyements during the course of the year. Reserves in the
amount of $600,m0.00 will be used to cover a ponion of the capital expense. The Water Department
prefers to fund its small capital projects on a pay as you go formula, as opposed to bonding for the funds
and incurring additional interest and administrative costs.
Prooosed Rates
The Water Department is estimating that watff rates will need to be adjusted based on the 2015-
2016 budget. The current and proposed rate for potable water is illustrated in Table Nos. 2 and 3. The
majority of the waler rate increase is driven by a reduction in water sales, and the need for capital
improvements to the water distribution system. Appendix "l" attached hereto provides the budget
breakdown and Appendix "2" attached hereto contains the rate calculations.
Page 2 of 6
Table No. 2
Current Rate Proposed Rate Percent Difference
Commodity Rate $ 1.832 $1.993 8.78-Percent Increase
Square Footage Rate $0.00362 s0.0033486 7.50-Percent Decrease
TableNo.3-Meter
Meter Size Current Rate Proposed Rate Percent Difference +
5/8"$7.s20 $7.988 6.10
3t4"$l 1.290 $11.982 6. r0
l"$ 18.820 $ 19.971 6.10
1.5"$37.650 $39.94r 6.10
2.0"$60.230 $63.906 6.10
3.0"sl12.930 $l r9.823 6.10
4.0"$ 188.230 s 199.706 6.10
6.0"s376.460 5399.4t2 6.10
8.0"$602.330 $639.059 6.10
Rate Comparison
The City of Vemon performed a cost comparison study to ascertain how the City's current and
proposed potable rate structure compares with that of neighboring cities. A 50,000 square foot
manufacturing operation using a ,l-inch meter, with a monthly consumption of 5,500 Hundred Cubic Feet
(HCF), (Business "A"); and a 50,000 square foot warehouse using a 2-inch meter, with a monthly
consumption of 200 HCF (Business "B"), were used in the study. The results of the study, illustrated in
Table No. 4, demonstrate that Vernon's proposed rate structure remains low when compared to
neighboring cities:
Table No. 4
Agency/Compsny
Y),000 Squar€
F€et Business
Monthly
Met€r
S€rvic€
Charge
C06l
Per
HCF
Monltrly
Consumption
in HCFrudb
MontNy
Square
Foot
Charge
Monihly
Fire
ServicE
Charge
t Itrch
Averagc
Monrhly
Cost
AY€ragc
Annual
Cost
City of vemon
(CurrenO Business'A"sl88 230 sl 832 5.500 0.00362 s2 00 s10.1,+7 23 s 125.366 76
Cily of Vemon
s t99 706 st993 5.500 0.0031,186 s2.00 $ I1,130.64 $ 135,967.63
City of tndusry-t a
Puente Business A st46&s2 250 5,500 0 s144 6l s12,665 67 s151.988 (x
City of lndustry-
Rowland Business'A"S,115 33 s2.970 5,500 0 s8,1 89 s r6,$5 22 s202.022 64
Carson-Cal water
S€rvice BLrsiness "A'sl38 20 sl.l-10 5.500 0 s94 56 s17.647 76 slt 1.773 12
CaEon Golden
Stare Business 'A's566.22 s1.860 5,500 0 s,ro 00 s2 r.816 22 s262,034.64
City of Santa Fe
Springs-Golden
Stare Business A's566 22 s3 860 5.500 0 s40 00 s2r.836 22 s262.034 &
Clty olCommerce-
Cal Water Service Business A''s.152 76 st 4m 5.500 0 s59 38 sr9 707 l4 $236 4R5 68
Ciry of Santa Fe
Sprinss s r99 00 s3.730 5.500 0 s 125 00 s20,819 00 s250.068 m
City ol Glendale Business--A's.169 00 s2 9r0 5,500 0 s1l6 93 s16,590 9l sr99.09r.r6
Page 3 of 6
Lns Beach Warer Business 'A s 192.60 s211l,5.500 0 sl85 70 s15,170.30 sr85-643.60
Agency/Company
50,000 Square
Feet Bu,siners
Motrthly
Meter
Scrvice
Charg€
Cost
Per
HCF
Motrthly
Consumption
h HCFrunih
Monlhly
Square
Foot
Charee
Monthly
Firc
Servic:e
Charge
8Itrch
Av€ruge
Monthly
Co6t
Avcrage
Annual
Cost
City of Vemon
(Cunenr)Business ''B 's60.210 sr 8.12 200 0.00162 s2 00 s609 63 s7,315 56
City of Vemon
(ProDosed)Business 'B's6l m6 s1993 100 0.0033.186 s2 00 s63l 936 s7,583 232
Crty of lndustry ta
Business'8"s58 95 s2.2s0 200 0 s t44 6l s653.58 s7 ,u2 96
City of Industry
Rowland Business B"s r33 0-5 $2.970 200 0 s84 89 sSl I 94 s9,743.28
Carson{al water
Service Business '8"sr08.22 53 I]O 2U)0 s91.56 $828 78 $9,945.36
Carson-Colden
Stale Business 'B"s18r 19 $3 860 200 0 s{o 00 s993.39 s11,920 68
City of Santa Fe
Springs{olden
Stare Business "B sr81 39 s1.860 200 0 s,10.00 s993 t9 sr 1,920.68
Ciry of Commerce-
Cal Water Service Business "B"s 11.1 88 s3.490 200 0 s59.38 s902 26 s t0.827 12
City of Santa Fe
SDrinps Business'B s75 m s3 730 200 0 sr25 00 s946 00 $r j52 m
Cirv ofGlendale Buslness 'B's69 75 s2 9r0 1m 0 sl16 93 s768 68 s9.224.16
l-ons Beach Waler Business '8"$58.77 s2't11 200 0 sl85 70 s193.27 s9.5r9.24
Recvcled Water Rates
The Central Basin Municipal Water District (CBMWD) has constructed a backbone recycled
water distribution system in the southeast area of I-os Angeles County. This system provides recycled
water to the City of Vemon. CBMWD has established certain water rates for its retail custorners; one for
the Malburg Generating Station, and another for all other customers. Similarly, the City's retail rate is
also made up of two rales.
The City entered into an agreement with CBMWD for the purchase of recycled water for the
Malburg Generating Station. The terms of the agreement set forth the cost of recycled water to the City
for this project and limits annual rate increases to 37a- Tlte City is responsible for all electrical costs for
the booster plants serving the Vemon area. As part of the Malburg Generating Station Project, the City
agreed to pay for the construction of the recycled water pipeline extension and booster station. The pa-rties
agreed that the City will get a capital credit over time to repay the City for its initial expenditure on rhe
pipeline. The capital credit of $200.00 per acre-foot was subtracted from the water cost in order to
determine the Malburg Generating Station rate. The recycled raies were developed based on a composite
of the cost of water, esdmated water sales, electrical costs, administrative costs, the capital credit, and
supplies. The capital credit will be eliminated effective January l, 2019. Appendix'3" attached hereto
provides the rate calculation.
Page 4 of 6
Table No. 6
Current Rate Proposed Rate Percent Difference
Recycled-CBMWD
Service Area $ 1.38 r s 1.506 9.05-Percent Increase
Recycled-Malburg
Generating Station $0.434 s0.558 28.57-Percent Increase
Proposition 218 Process
Califomia Proposition 218 requires a majority prorest hearing before increasing its propemy
related fees, such as fees for basic water, sewer ald trash service. Water rate increases do not rcquire an
affirmative vote of the ratepayers for approval. However, pursuant to Proposition 218 and adopted City
Council policy, the City Council cannot approve a rate increase if a majority of affected parcels (or a
majority of customer accounts) submit written protests against the increase. At the conclusion of a public
hearing, the protests received are tabulated prior to and at the hearing and a determination made as to
whether a majority protest exists. So long as no majority protest exists, a purveyor may move forward
with adoption of the rate increase. The steps the City must take under Proposition 218 to increase its
watet rates are:
l. Mail notice to ratepayes informing them of the proposed increase and the date, tirne, and location of
the public hearing.
2. Accept written protests during the period between the mailing of notice and the close of the public
hearing. This period must be 45 days long.
3. Hold a public hearing. If protests have been received with respect to 50-percent or less of affected
parcels, the City Council can then adopt the new rates. If the received protests exceed 50-percent of the
ratepayers, the local govemmeat cannot vote to pass the new rates. Only one written protest per identified
parcel or propeny will be counted for purposes of determining whether there is a majority protest. A
sample Notice of Public Hearing is attached as Appendix "4."
Automatic Pass Throush and Inflation Adiustnents
The proposed potable commodity rate (volumetric charge) of $1.993 includes the following water
supply cha-rges:
Provider
Water Replenishment District
Of Southern Califomia
Central Basin MWD
Pumose
Replenishmenr Assessments to
Supply Water to City Wells
Purchased Water Charges
Portion of $1.993
65.5 cents
32.9 cents
Through January l, 2021, if either of these providers change their rates applicable to rhe City, the
respective portion of the volumetric charge will automatically adjust by the percentage change in the
entity's applicable rate, causing an adjustment to rhe $1.993 rate. Additionally, each January l, beginning
January l, 2Ol7 and ending January 1,2OZl, the remaining $1.009 of rhe volumetric charge, as well as
the meter and square footage charges, will be adjusted for inflation by multiplying the rates shown in this
report by the percentage change since October 2015 in the Consumer Price Index for All Urban
Consumers for Los Angeles.
The proposed recycle commodity rate for the Malburg Generating Station (volumetric charge) of
0.558 includes the following water supply charges:
Page 5 of 6
Provider
Central Basin MWD
Provider
Central Basin MWD
Pumose
Purchased Water Charges
Pumose
Purchased Water Charges
Portion of $0.558
43.2 cents
Portion of $ 1.506
$1.276
Through January l,2021, if Central Basin MWD changes its rates applicable ro rhe Ciry, rhe
resperctive portion of the volumetric charge will automatically adjust by the percentage change in the
entity's applicable rate, causing an adjustment to the $0.558 rate. Additionally, each January l, beginning
January l, 2017 and ending January l, 2021, the remaining 12.6 cents of the volumetric charge, as well as
the meter and square footage charges, will be adjusted for inflation by multiplying the rates shown in rhis
repon by the percentage change since October 2015 in the Consumer Price Index for All Urban
Consumers lbr Los Angeles. Additionally, on January l, 2019 rhe Malburg Generating Station
commodity rate shall become equivalent to the Re{ycle Water Rate for all other customers since as
January 1,2019 the Vemon Capital Credit provided by Central Basin Municipal Water District and
passed through ao the Malburg Generating Station will be eliminated.
The proposed recycle commodity rate for all other customers (volumetric charge) of 0.558
includes the following water supply charges:
Through January l,202l, if Central Basin MWD changes its rares applicable ro rhe Ciry, rhe
respecdye portion of the volumetric charge will automatically adj ust by the percentage change in the
entity's applicable rate, causing an adjustment to the $1.506 rate. Additionally, each January l, beginning
January I , 2Ol7 and ending January I,2021, the remaining 23 cents of the volumetric charge, as well as
the meter and square footage charges, will be adjusted for inflation by multiplying the rates shown in this
report by the percentage change since October 2015 in the Consumer Price lndex for All Urban
Consumers for Los Angeles.
Attachment(s)
1. Appendix I
2. Appendix 2
3. Appendix 3
4. Appendix 4
Page 6 of 6
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Appendix "2"
Potable Water Rate Calculation
Calculation of City of Vernon Water Rates
Service Charge Calculation
Number of Meters Capacity Factor Number of Meters X
(X) Capacity Factor
Meter Size
5/8"
314"
1'
1.5 "
2.O"
3.0'
4.0'
6.0'
8.0"
Total
l6
28
203
149
505
38
52
24
I
1016
1
1.5
2.5
5
8
l5
25
50
80
16
42
507.5
745
4044
570
1300
1200
80
8500.5
X = Commodity Related labor Expense =
S = Standby Revenues =
R = Hydrant Meter Revenues =
B = Adjusted Commodity Related Labor Expense
x-(S+R) = I =
Y = 5OVo of the Adjusted Commodity Related Labor Expense
Monthly Meter Charge Factor = Z
z = Y(8soo.sXl2)
(x) x (Z) = Proposed Meter Charge
$l,633,695.35
$2,000.00
$2,000.00
$ l,629,695.35
$814,847.68
7.9882328
Appendix "2"
Potable Water Rate Calculation
Proposed Meter Charge
5/8"
3t4"
l'
1.5"
2.O"
3.0"
4.0'
6.0'
8.0"
lx
1.5 x
2.5 x
5x
8x
15 x
25x
50x
80x
6. 107o percent increase
Commodity Calculation Charge
B = Adjusted Commodity Related Costs =
507o of Adjusted Commodity Labor Costs =
C = Construction Related Projected Revenues
Note: 63.2Vo of Construction Related Revenues Assigned
As a Credit Against Commodity Charge
N = Commodity Non l-abor Costs =
Projected Water Sales in Acre Feet =
A = Projected Water Sales in 100 CF
Proposed Commodity Charge = (.5 B - .632 C+N) / A
Current Commodity Charge =
Meter Size and
X Factor
(Z) Factor
7.9882328
7.9882328
7.9882328
7.9882328
7.9882328
7.9882328
7.9882328
'7.9882328
1.9882328
Proposed Monthly
Meter Charge
$7.988
sr 1.982
$ 19.971
$39.941
$63.906
$l19.823
$199.706
$399.412
s639.059
Present Monthly
Meter Charge
$7.520
$11.290
$ 18.820
$37.650
$60.230
$l12.930
$188.230
s376.460
$602.330
$1,629,69s.35
$814,847.68
$175,000.00
$4,894,921 .00
6,450.00
2,809,620.00
$1.993
$ 1.832
8.787o percent increase
Appendix "2"
Potable Water Rate Calculation
Square Footage Charge
36.8 7o of Construction Related Revenues Assigned Credit to Fire Related Cost
U = Fire Related Costs =
V = Metered Fire Service Revenues =
$1,851,394.650
$65,000.000
T = Adjusted Fire Related Costs
T=U-V = $t,786,394.650
C = Projected Construction Related Revenues = $175,O00.mO
Note: 36.870 of Construction Related Revenues assigned
as credit towards Square Footage Charge
R = Total Square Feet in Service Area = 42,853,207 .0O
Proposed Square Footage Charge Per Year = (T - .368C) / R = 0.040183565
Proposed Square Footage Charge Per Month = 0.0033486
Current Square Foot Charge Per Month = 0.00362
-7.507o Percent increase
Appendix "2"
Potable Water Rate Calculation
Total revenue under current rates
Meter
Number of 5/8" meter
Number of 3/4" meter
Number of 1" meters
Number of 1.5" meter
Number of 2" meters
Number of 3" meters
Number of 4" meters
Number of 6" meters
Number of 8" meten
Consumption
Square Foot
Standby Revenues =
Hydrant Meter Revenues =
$'7.520
$l r.290
s 18.820
s37.650
$60.230
$ l r 2.930
$r 88.230
s376.460
$602.330
2,809,620.OO
42,853,207.OO
$5,147,223.840
$ l,86r,543.312
$2,000.m0
$2,000.000
$175,000.Ofi)
$65,000.000
$8,020,761.99
l6
28
203
149
505
38
52
24
I
$ 1.832
o.00362
$ 1,443.84
$3,793.M
s45,845.52
$67,318.20
$364,993.80
$51,496.08
$11'7,455.s2
$ 108,420.48
$7,227.96
$767,994.84
Construction Related Projected Revenues =
Metered Fire Service Revenues
Total revenues
If square foot rate was blended into the commodity
the commodity rate would be $2.49s
Appendix "2"
Potable Water Rate Calculation
Variables
Commodity Related Labor Expense = $ I ,633,695.35
Standby Revenues = $2,000.00
Hydrant Meter Revenues = $2,000.00
Constmction Related Projected Revenues = $175,m0.00
Commodity Non Labor Costs = $4,894,921.N
Projected AF of Water Sales = 6,450.00
Fire Related Costs = $ I,851,394.65
Metered Fire Service Revenues $65,0(n.00
Total Square Feet of Building Area in Service Area 42853207 .W
Number of 5/8" meters 16
Number of 3/4" meters 28
Number of I " meters 2O3
Number of 1.5" meters 149
Number of 2" meters 505
Number of 3" meters 38
Number of 4" meters 52
Number of 6" meters 24
Number of 8" meters I
Current Commodity Rate 1.832
Current Square Footage Rate Per Month 0.00362
$8,380,01 1.00
Appendix "2"
Potable Water Rate Calculation
#DIV/O!
2.4607 Proposed blended commodity and square footage int
2.4946
Appendix "2"
Potable Water Rate Calculation
Total revenue under proposed rates
Meter
Number of 5/8" meters
Number of 3/4" meters
Number of 1" meters
Number of 1.5 " meters
Number of 2" meters
Number of 3" meters
Number of 4" meters
Number of 6" meters
Number of 8" meters
Consumption
Square Foot
Standby Revenues =
Hydrant Meter Revenues =
Construction Related Projected Revenues =
Metered Fire Service Revenues
If square foot rate was blended into the commodity
the commodity rate would be
$1.993 2,809,620.00 $5,599,168.67s
0.00334863 42,853,207.N $1,721,994.650
$2,000.000
$2,000.000
$175,000.000
$65,000.000
Total revenues $8.380,01 1.00
l6
28
203
149
505
38
52
24
1
$7.988
$11.982
$19.971
$39.941
$63.906
$l r9.823
$199.706
$399.412
$639.059
$ l ,533.74
$4,026.O7
M8,648.34
$71,414.80
$387,269.53
$54,639.s 1
$t24,616.43
$l15,030.55
$7,668.70
$814,847.68
$2.606
CITY OF VERNON RECYCLE WATER RATES
APPENDIX "3"
Malburg Generating Station
October 2014-Sept 2015 Recycle Water Consumed
Average monthly consumption = 8O9.5/72
Malburg Generating Station CBMWD 2015-16 Recycle water rates
S 414.00
s 38s.00
5 356.00
5 327.00
Average Monthly Water Costs for Malburg Gernatint Station
A.F. HCF
809.5 3526L8.2
67.5 29403
0-25 AF
25-50 AF
50-100 AF
100 + AF
Range
0-25 AF
25-50 AF
50-100 AF
100 + AF
Amount
Consumed
25
25
77.5
0
Total Montly Commodity Cost
Monthly Edison Electricity charBes
Vernon Capital Credit (S200/A0
Total Costs
CBMWD Water Cost to the City for recycle water =
Cost to maintain the system, fund system repairs and
Total Cost = water cost + maintence costs =
Rate per HCF=
Cost per Monthly Cost
AF
5 414.00 5 10,3s0.00
s 38s.00 s 9,62s.00
s 3s6.00 s 6,230.00
s 327.00 s
S 26,2os.oo
s 2,200.00
s (13,s00.00)
S 14,9os.oo
City Cost to maintain system, fund system repairs and read maters = 10% of costs
Total cost = water cost plus maintence costs per month
5 14,905.00 x 1.1=S 16,39s.s0
Malburg Generating Stration Proposed Recycle Water Rate
Monthly cost / monthly consumption S 0.558 HCF until 7/l/2O79
at which point capital credit
is eliminated
Recycle Water Rates All Other Water Customers
Assume 25 acre feet consumed
Sss6
read meters and electric = 18% of costs
s5s5.08 AF
51.506 HcF
APPENDIX *4"
City of Vernon
4305 Santa Fe Avenue
Vermn, CA 90058
(323) 583-88r l
NOTICE OF PUBLIC HEARING
WATER RATE INCREASE
City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, xxx 19,2016 at 9:00 a.m.
The City of Vernon is currently in the process of revising its water rates. The City charges these
rates to its water customers in order to fund the costs ofproviding safe and reliable water service.
You are receiving this notice because our records indicate that you are a water customer. New
rates, if approved by the City Council, are proposed to take effect xx, 2016.
Proposed Rate Schedule
Each customer's potable water bill is composed of three separate rate components: (i) a monthly
charge based on the customer's meter size; (ii) a volumetric charge based on the volume of water
actually consumed by the customer; and (iii) a charge based on the number of square feet in the
customer's premises. This rate structure was designed to ensure that each customer is charged
for only the cost of providing service to that customer. In our industrial city, many customers
normally consume relatively little water on site, but rely on the constant availability of
pressurized water from their potable connection for on-site fire safety purposes. The square
footage charge reflects the cost of operating and maintaining infrastructure that allows this
constant water availability to all customers.
These tables show the existing and proposed potable water rates:
Meter Charge
(oer month)
Meier Size Current Proposed % Change
5/8',$7.520 $7.988 6.10
314',$1 1.290 $11.982 6.10
1 $18.820 $19.971 6.10
1 .s',$37.650 $39.941 6.10
2.O',$60.230 $63.906 6.10
30 $1 12.930 $1 19.823 6.10
40 $188.230 $199.706 6.10
6.0'$376.460 $399.412 6. 10
8.0'$602.330 $639.059 6.10
Volumetric Charge
(per hundred cubic leet of water)
Current Proposed % Change
$1.832 $1.993 +8.78h
Square Foot Charge
(per improved square foot)
Current Proposed % Chanqe
$0.00362 $0.003s486 -7 .5010
You can find your meter size and our measurement of your premises on any past bill. If you need
assistance, please contact Scoa B. Rigg by calling 323-583-881l, extension 279, or by mail or in
person at 4305 Santa Fe Avenue, Vernon, CA 90058.
Automatic Pass-Through and Inflation Adjustments
The proposed potable commodity rate (volumetric charge) of$1.993 includes the following water supply
charges:
Provider
Water Replenishment District
Of Southem California
Central Basin MWD
Pumose
Replenishment Assessments to
Supply Water to City Wells
Purchased Water Charges
Ponion of $l .993
65.5 cents
32.9 cents
Through January l, 2021, if either of these providers change their rates applicable to the City, the
respecdve portion of the volurneric charge will automatically adjust by the percentage change in the
entity's applicable rate, causing an adjustment to the $1.993 rate. Additionally, each January l, beginning
January 1, 2Ol7 and ending January l, 2021, the remaining $1.009 of the volumetric charge, as well as
the meter and square footage charges, will be adjusted for inflation by multiplying the rates shown in this
report by the percentage change since October 2015 in the Consumer Price Index for All Urban
Consumers for [-os Angeles.
These "pass through" and "inflation adjustments" will take effect wirhout an additional hearing
by the City Council. You will be mailed a notice of any pass through adjustment before it goes
into effect.
Your Opportunity to Be Involved
On Tuesday, xx 2016 at 9:fi) a.m. in the City Council Chambers located at 4305 Santa Fe
Avenue, Vemon, CA 90058, the City Council will hold a public hearing on the proposed water
rates. At the hearing, the Council will consider all oral and written testimony regarding the
proposal. You may also submit a formal written protest against the rate increase proposal (which
includes the automatic adjustments). Wriften protests must be signed by a customer or property
owner, and must include the assessor's parcel number or street address of the property for which
the protest is submitted. Written protests may be delivered to the City Clerk at the public
hearing, or mailed or delivered ro rhe City Clerk at Vemon City Hall, 4305 Santa Fe Avenue,
Vernon, Califomia, 90058. Protests which are mailed or delivered to the City Clerk's Office
must inrive at Vemon City Hall by 9:fi) a.m. on xx ro be counted. If at the conclusion of the
public hearing, written protests against the rate increase proposal have been filed (and not
withdrawn) with respect to a majority of the parcels subject to the proposed increase, the City
Council will not adopt the increase. Protests will be accepted and tabulated according to the
City's adopted Policy Governing the Acceptance and Tabulation of Utility Rate Protest, which
are available online at: xxxxx
Miscellaneous R.ates
In addition to the general rates shown above, the City has special additional service charges for
(i) recycled water, (ii) fire suppression-only service connections; (iii) standby connections for
customers primarily serviced by private wells; and (iv) temporary connections. You can view
these rates, at: xxxxx
2
Questions
For more information about the proposed water charges you may contact Scott B. Rigg at 323-
583-881 I at extension 279. T"be documentation supporting the proposed water charges is
available in the ofhce of Community Services and Water, Vernon City Hall, 4305 Santa Fe
Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
3
RECEIVED
DEC I O 2015
CITY CTERKS OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
December 15, 2015
Ilonorable Mayor and City Council
Mark C. Whitworth, City Administr ,rr, r'//e Z
Originator: Kristen Enomoto, Deputy City Apministrator
Overview of Leadership Transition Planning Process
PurDose
Provide the City Council with an overview of a proposed "Leadership Transition Planning
Process" and seek concurrence fiom the City Council regarding the value and benefit of such a
plan to the incoming City Administrator, as well as to members of City Council and City staff.
Backqround
As I tbrmally announced on November 24,2015, after more than 26 years with the City and with
mixed emotions, I have made the decision to retire effective May 2, 2015.
In discussions with City Consultant and Senior Advisor to the City Administrator Fred
MacFarlane regarding appropriate next steps to effectuate a smooth transition between myself
and the incoming City Administrator, I am tbllowing his recommendation and have enlisted his
assistance with the development of a Leadership Transition Planning Process that will ultimately
result in a "Leadership Transition Book" that would aid and inform my evenhral successor.
Attached herewith is a draft outline of the key elements of the Leadership Transition Planning
Process that Mr. MacFarlane will explain and discuss in further detail at the December 15, 201 5
City Council meeting.
Fiscal Impact
There is no anticipated hscal impact associated with the development and production of a
"leadership transition book".
Attachment(s)
l. Leadership Transition Planning Process Outline
Page I of I
Vernon - City Administrator - Leadership Transilion Planning Process
DRAFT Outline
Phase I City Departments
Resources and Assets
Budget
Deferred Programs or Projects
Key Personnel
Collective Bargaining Units
Department Challenges
Department Goals:
Short Term (2016)
Long Term (2017-2018)
City Boards and Commissions
Mission
Goals
Key Personnel
Appointees/Terms of Appointment
Phase ll City Profile
Residential Population Demographics
Age
Gender
Ethnicity
Vernon Longevity
Business Population Demographics
Major Business
Medium Business
Small Business
Workforce
lndustries
Organized Labor Demographics
Union Locals
Businesses with Union Representation
Business Organizations
Civic Organizations
Religious Organizations
Educational lnstitutions
Nonprofi t Social/Human Service Organizations
Public Affairs: Neighboring Cities (Vernon Area)
Elected Officials
Key City Officials
Public Affairs: L.A. County
Elected Officials
Key County Officials
Public Affairs: State of California
Elected Officials
Key Legislalive District Staff (Senate/Assembly)
Key State of CA Department Officials (Local)
Public Affairs: U.S. Government
Elected Officials
Key Congressional District Staff
Key U.S. Government Department Officials (Local)
Phase lll Public Outreach and Engagement
Residents
Business
Public Affairs