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2009 APR 07 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 7, 2009 - 5:00 P.M.
5:00 P.M. SESSION CANCELLED — NO ITEMS OF
BUSINESS
(REGULAR MEETING TO BE ADJOURNED TO 7:00
P.M.
Next Resolution # 4595
Next Ordinance # 1428
1
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 7, 2009 - 7:00 P.M.
Next Resolution # 4595
Next Ordinance # 1429
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Bishop Craig Layne, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
2
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PRESENTATIONS
a. Proclamation declaring April 22, 2009 as Denim Day in recognition of April
2009 being Sexual Assault Awareness Month.
b. Proclamation declaring the week of April 12th through 19th as National Library
Week.
C. Presentation on water conservation in the West Basin District "Water
Reliability 2020" from the West Basin Municipal Water District Ron
Wildermuth, Manager of Public and Government Affairs.
d. Presentation of the Flex your Power Award for Excellence in Water Efficiency
to the City of El Segundo by Steven Bradford with SCE.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
1. Consideration and possible action regarding recommendations from the
Environmental Committee on options for sustainable and green building
standards in the City of El Segundo. (Fiscal Impact: None)
Recommendation — (1) Receive and file Report; (2) Approve recommendations
for implementation of Options C, D and E; (3) Alternatively, discuss and take
other action related to this item.
3 �' 3
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 2570727 to 2571063 on Register No. 12 in the total
amount of $1,053,112.77 and Wire Transfers from 3/07/09 to 3/26/09 in the
total amount of $2.106.787.44.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and /or adjustments;
and wire transfers.
3. Regular City Council Meeting Minutes of March 17, 2009 and the Special
Meeting Minutes of March 19, 2009.
Recommendation — Approval.
4. Consideration and possible action to adopt a resolution supporting SB 696
(Wright), a bill stating the Legislature's intent to enact legislation to ensure
availability of sufficient credits for the South Coast Air Quality Management
District (SCAQMD) to issue permits for essential public services and new
clean efficient power plants. (Fiscal Impact: None)
Recommendation — (1) Adopt the attached resolution supporting SB 696; (2)
Authorize legislative advocacy efforts to promote passage of the bill; (3)
Alternatively, discuss and take other action related to this item.
5. Consideration and possible action regarding the adoption of Ordinance No.
1428 to approve an amendment to the contract between the Board of
Administration of the California Public Employees' Retirement System
(CaIPERS) and the El Segundo City Council providing Section 21548 (Pre -
Retirement Option 2W Death Benefit) for the City's Local Safety Members.
(Fiscal Impact: Increase in the Total Safety Employer Rate of 0.243 %.)
Recommendation — (1) Second Reading by Title Only and Adoption of Ordinance
No. 1428; (2) Alternatively, discuss and take other action related to this item.
U
4
6. Consideration and possible action regarding approval of revised Class
Specifications for the classifications of Accounting Technician, Wastewater
Maintenance Worker I, Wastewater Maintenance Worker 11 and Wastewater
Maintenance Leadworker and approval of the examination plan for
Accounting Technician. (Fiscal Impact: None)
Recommendation — (1) Approve the proposed Class Specifications for
Accounting Technician, Wastewater Maintenance Worker I, Wastewater
Maintenance Worker II and Wastewater Maintenance Leadworker; (2) Approve
the proposed Examination Plan for Accounting Technician. (3) Alternatively,
discuss and take other action related to this item.
7. Consideration and possible action regarding approval to piggyback on the
National Joint Powers Alliance (NJPA) contract # 011707 to purchase
modular ergonomic furniture and storage from Tangram Interiors for the
Planning and Building Safety Department. — Approved Capital Improvement
Program. (Fiscal Impact: $42,350)
Recommendation — (1) Recommend that City Council waive the formal bidding
process per the Municipal Code, and approve the City's use of National Joint
Powers Alliance (NJPA), competitively solicited Contract # 011707, for furniture
with Steelcase (manufacturer) and issuance of purchase orders to the authorized
distributor /installers Tangram Interiors, in the amount of $38,500 plus a 10%
contingency for unanticipated expenses; (2) Alternatively discuss and take other
action related to this item.
8. Consideration and possible action regarding approval of a comprehensive
three -year Memorandum of Understanding (Labor Agreement) between the
City of El Segundo and the El Segundo Police Managers' Association.
(Fiscal Impact: $161,810 salary and benefit increases; plus $68,881 to
resolve salary compaction in the Police Department, for a grand total of
$230,691.)
Recommendations — (1) Approve the Comprehensive Memorandum of
Understanding; (2) Authorize the Mayor to execute the Memorandum of
Understanding in a form approved by the City Attorney; (3) Alternatively, discuss
and take other action related to this item.
0 5
9. Consideration and possible action regarding awarding a contract to G&G
Specialty Contractors, Inc. for construction related to Group 32 (24 homes)
and Group 33 (28 homes) of the City's Residential Sound Insulation
Program (Project Nos. RSI 09 -04 and RSI 09 -05). (Estimated construction
costs and retention: $948,172 and $661,072)
Recommendation — (1) Determine that the bid from California Averland
Construction, Inc. is non - responsive; (2) Award contracts to G &G Specialty
Contractors, Inc. for Groups 32 and 33; (3) Authorize the City Manager to
execute contracts in a form approved by the City Attorney; (4) Alternatively
discuss and take other action related to this item.
10. Consideration and possible action regarding the execution of an agreement
with the State of California Franchise Tax Board for the sharing of business
tax information. (Fiscal Impact: $0.00)
Recommendation — (1) Authorize the City Manager to execute and approve the
State of California agreement C08700215; (2) Alternatively discuss and take
other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
PC
Council Member Brann -
Council Member Fisher -
Council Member Jacobson -
Mayor Pro Tern Busch -
Mayor McDowell -
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sea.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: April 1, 2009
TIME: 2:30 p.m.
NAME:
7
rortamatt"On
Citp of (ft *eguubo, California
WHEREAS, The United States Government has declared April as "Sexual Assault Awareness Month " and
Peace Over Violence has declared April 22, 2009 as "Denim Day" in Los Angeles County; and
WHEREAS, both events are intended to draw attention to the fact that rape and sexual assault remains a serious
issue in our society; and
WHEREAS, harmful attitudes about rape and sexual assault allow these crimes to persist and allow
victims /survivors to be re- victimized; and
WHEREAS, "Sexual Assault Awareness Month" and "Denim Day" were also instituted to call attention to
misconceptions and misinformation about rape and sexual assault, and the problem that many in
society remain disturbingly uninformed with respect to issues of assault and forcible rape; and
WHEREAS, every two minutes, someone in America, is sexually assaulted, approximately 1 -in -6 women are
raped during their lifetime and youths under 18 account for about 44% of all reported sexual
assaults; and
WHEREAS, with proper education on the matter, there is compelling evidence that we can be successful in
reducing incidents of this alarming and psychologically damaging crime; and
WHEREAS, the members of El Segundo City Council strongly support the efforts of Peace Over Violence to
educate persons in our community about the true impact of rape and sexual assault in Southern
California.
NOW, THEREFORE, on this 7°i day of April, 2009, the Mayor and the Members of the City Council of the City
of El Segundo, California, do hereby proclaim the month of April 2009 as Sexual Assault Awareness Month,
designate April 22, 2009 as Denim Day, and encourage our citizens to wear jeans on Wednesday, April 22d, to help
communicate the message that there is no excuse and never an invitation to rape.
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roclamatton ' QLitp of Q11 Oeguttbo, California
WHEREAS, our nation's school, academic, public and special libraries make a difference in the
lives of millions of Americans, today, more than ever; and
WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find
and interpret the information they need to live, learn and work in a challenging
economy; and
WHEREAS, libraries are part of the American Dream - places for opportunity, education, self -help
and lifelong learning; and
WHEREAS, library use is up nationwide among all types of library users, continuing a decade -
long trend; and
WHEREAS, libraries play a vital role in supporting the quality of life in their communities; and
WHEREAS, libraries can help you discover a world of knowledge, both in person and online, as
well as personal service and assistance in finding what you need, when you need it;
and
WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of
access, and narrowing the "digital divide "; and
WHEREAS, libraries, librarians, library workers and supporters across America are celebrating
National Library Week with The Campaign for America's Libraries.
NOW, THEREFORE, on this 7th day of April, 2009, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby proclaim the week of April 12th through 19th as National
Library Week and encourage all residents to visit the library this week to take advantage of the
wonderful library resources available and thank their librarians and library workers for making
information accessible to all who walk through the library doors.
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A. Y
PRESENTATIONS
d. Presentation of the Flex your Power Award for Excellence in Water
Efficiency to the City of El Segundo by Steven Bradford with SCE.
017
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENTAGENDA HEADING: Reports of Committees, Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action regarding recommendations from the Environmental
Committee on options for sustainable and green building standards in the City of El
Segundo. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Receive and file Report
2) Approve recommendations for implementation of Options C, D and E and;
3) Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Attachment A
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Lauren Mahakian, Senior Administrative Anal
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
Dana Greenwood, Public ks Directo'rbtfS
APPROVED BY: Jack Wayt, City Manager All
BACKGROUND AND DISCUSSION:
At the December 10, 2008 meeting of the Environmental Committee, the Planning and Building
Department presented an informational report on sustainable and green building practices for El
Segundo. The purpose of this report was to provide options for the Council to consider for
interim or permanent practices and to promote green building practices that will help the City
achieve broader sustainability goals.
Cities are addressing green building standards because of the significant effect that building
construction has on the environment. A few of the drivers behind implementation of these
standards are included in Attachment A.
Research shows that while some cities are adopting their own standards and systems for green
building, others are waiting for the State of California to implement statewide standards in 2010.
Some cities use incentives to encourage developers to follow green building practices and are
moving toward voluntary compliance with anticipated standards.
1
Ul8
The Environmental Committee considered several options for implementing interim or
permanent green building standards in El Segundo, pending the State of California's adoption of
Mandatory Green Building Standards in 2010:
Option A.
This option makes elements of the current (voluntary) State of California Green Building code
mandatory for all projects in the City of El Segundo. This would include:
• Solar panel installation requirements (provide conduits for future hook up)
• A Construction and Demolition Ordinance, requiring the owner or builder to provide
certification that a minimum of 50% of non - hazardous construction and demolition debris
is recycled or salvaged for reuse.
• Required installation of "Energy Star" equipment and appliances.
• Required installation of low -flush toilets, low -flow shower heads, and flow restrictors for
faucets.
• Mandated use of bio- swales (landscape elements designed to remove silt and pollution
from surface runoff water) as part of the storm water drainage system.
Option B.
This is an incentivized program that provides zoning incentives for larger scale projects that meet
certain green building standards, such as gold or platinum level Leadership in Energy and
Environmental Design (LEED) certification. LEED certification is a green building rating system
developed by the US Green Building Council (USGBC) for the design, construction, and
operation of high - performance green buildings. LEED is an internationally accepted benchmark.
Zoning incentives could include:
• Expedited permitting, placing projects that commit to green building ahead of projects
that do not.
• An increase in allowable Floor Area Ratio.
• A decrease in the required number of parking spaces.
Option C.
This option delays implementation of green building standards until 2010 and allows the State to
finalize its standards. This will avoid the likelihood of multiple changes to the El Segundo
Building Standards.
Option D.
Require that all City projects be LEED certified at the Silver level or better. This will help
demonstrate the City's environmental leadership while simultaneously allowing Staff to gain
first -hand experience employing Green Building practices.
019
Option E.
Plan, develop, and hold quarterly environmental workshops for residents and developers. The
workshops are to provide ongoing, cutting -edge environmental information and technologies. A
sample of topics would include:
• Green building design and construction
• Gray water (waste water) reuse systems
• Energy and water efficiency
• Solar energy systems
Currently, no other South Bay City is holding these types of workshops. In preparation for
Green Building standards, education is a first requirement at a minimum. In addition, staff would
be trained to answer green building questions. Supporting the workshops would be a Green
Building Resource Center within City Hall (a kiosk) with guidelines, checklists, process, forms
etc. This can be done on the existing facility at City Hall with no cost to the City. In addition,
staff would develop a "Go Green" website to support the workshops and prepare developers and
residents for impending requirements. Regardless what action the City Council decides, these
steps will enhance green building practices.
Recommendation:
The Environmental Committee and the Planning and Building Safety Department, make the
following recommendations to the City Council:
1. Approve Option C, which delays implementation of green building standards until 2010.
The Committee considers options A and B premature, since the State will finalize its
standards over the course of next year. If the City were to attempt to implement
developing standards, it would be faced with updating standards as the proposed
standards evolve.
2. Approve Option D, which will require all City projects be LEED certified at the Silver
level or better.
3. Approve Option E, which requires Staff to plan, develop, and hold quarterly
environmental workshops for residents and developers. The workshops are to provide
ongoing, cutting -edge environmental information and technologies.
04.0
Attachment A
Selected Background Information on Green Building Practices
In the United States, buildings and construction account for:
• 72% of electricity consumption
• 39% of energy use
• 38% of all carbon dioxide (CO2) emissions
• 40% of raw materials use
• 30% of waste output (136 millions tons annually), and
• 14% of potable water consumption
There are many benefits of promoting green building practices are:
• Reduce solid waste
• Reduce operating costs
• Enhance asset values and profits
• Improve air, thermal and acoustic environments
• Minimize strain on local infrastructure, and
• Contribute to overall quality of life
In 2000, the US Green Building Council ( USGBC) developed the Leadership in Energy and
Environmental Design (LEED) green building rating system for the design, construction, and
operation of high - performance green buildings. This system is an internationally accepted
benchmark. LEED is typically applied to commercial, civic, and high -rise residential projects.
The USGBC has developed rating programs for the following building types.
• New Commercial Construction and Major Renovation Projects
• Commercial Interiors
• Existing Buildings Operations and Maintenance
• Core and Shell Developments
• Neighborhood Development
• Schools
• Retail
Another organization that promotes green building standards in the state of California is Build It
Green, the result of a merger of the Green Resource Center (est. 1999) and Bay Area Build It
Green (est. 2003.). The merger combined the resources of these two successful organizations and
furthers the goal of transforming the California building industry to embrace green building
practices. Build It Green has developed the Green Point Rated rating system, which is becoming
the standard for new single and multi - family residential projects in the state and is designed to be
compatible with the forthcoming LEED for Homes Program. Green buildings are sited, designed,
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constructed, and operated to enhance the well -being of their occupants, support a healthy
community and natural environment, and improve air and water quality.
In July 2008, the State of California's Building Standards Commission adopted a state -wide
green building code for all new construction. This is the first of its type in the nation. The code
sets targets for site design, energy efficiency, water consumption, framing techniques, diversion
of construction waste, material resource conservation, and indoor air quality. The next step is to
adopt a revised version of the California Green Building Code in 2010, which will replace many
of the voluntary measures with mandatory measures. Currently the voluntary practices serve to
educate and raise awareness of options available.
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i9i
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
03/07/09 THROUGH 03/26/09
Date
Payee Amount
Description
2/23/2009
La Salle
43,725.00
ABAG Correct 3/6/09 Memo
3/5/2009
Health Comp
2,856.30
Weekly claims Correct 3/6/09 Memo
3/10/2009
West Basin Municipal
934,177.48
H2O payment
3/11/2009
CalPERS
295,909.42
Retirement payment
3/12/2009
Lane Donovan Golf Ptr.
19,400.81
Payroll transfer
3/12/2009
Health Comp
2,487.67
Weekly claims
3/20/2009
Employment Development
53,202.48
State Taxes
3/20/2009
IRS
234,997.32
Federal Taxes
3/20/2009
Federal Reserve
400.00
Employee Savings Bond
3/20/2009
UBOC
4,393.31
PARS payment
3/20/2009
State of CA
1,153.24
Child support withholdings
3/20/2009
Manufacturers & Traders
31,740.45
457 payment
3/20/2009
Nationwide EFT
32,642.54
457 payment
3/23/2009
La Salle
43,725.00
ABAG
3/23/2009
Federal Reserve
50.00
Employee Savings Bond
3/23/2009
Federal Reserve
400.00
Employee Savings Bond
3/25/2009
CalPERS
302,496.11
Retirement payment
3/26/2009
Lane Donovan Golf Ptr.
22,617.48
Payroll transfer
3/26/2009
Health Comp
3,994.06
Weekly claims
3/17- 3/26/09
Workers Comp Activity
76,418.77
SCRMA checks issued
2,106,787.44
DATE OF RATIFICATION: 4/07/09
TOTAL PAYMENTS BY WIRE:
2,106,787.44
Certified as to the accuracy of the wire transfers by:
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\2009 \Wire 2009 Qtr 1 st \Wire Transfers 3- 26.xls u 2 4
Deputy /City Tre surer
Date
Director o 'nan
Date
City ager
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\2009 \Wire 2009 Qtr 1 st \Wire Transfers 3- 26.xls u 2 4
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 17, 2009 - 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present arrived at 5:02 p.m.
Council Member Jacobson
- Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
None
City Attorney Mark Hensley stated that Council would be meeting in closed session
pursuant to items identified on the agenda and that the Government Code §54956.9(b)
item was regarding the Bruchelle claim.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -2- matter
1. Victoria Golf Course Site (BKK Carson landfill) DTSC NO. I &SE -RAO 05/06
2. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 1
025
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): - 0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
SPECIAL MATTERS: - 0- matter
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 2
026
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 17, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Mayor Pro Tern Busch presented a Proclamation announcing March 28, 2009 as
"Earth Hour" day in El Segundo.
b. Presentation on water conservation in the West Basin District "Water Reliability
2020" from the West Basin Municipal Water District, Paul Shoenberger, Assistant
General Manager — TO BE PRESENTED AT A LATER DATE
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Kelly Watson, Co -Chair Run for Education, spoke regarding upcoming annual Run for
Education, Saturday March 28, 8:00 a.m. at the El Segundo High School.
Kevin Collins, spoke regarding Consent Agenda #9, and requested that Council
reconsider rejecting all Residential Sound Insulation Bids for Group 31.
Pastor John Svendsen, First Baptist Church, invited the public to the Sunrise Easter
Service in Library Park.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 3
027
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
Approved Warrant Numbers 2570506 to 2570726 on Register No. 11 in the total
amount of $822,079.06 and Wire Transfers from 02/21/2009 to 03/06/2009 in the
total amount of $1,192,877.06. Authorized staff to release. Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
2. Approved Regular City Council Meeting Minutes of March 3, 2009.
3. Authorized the Police Department to replace seven vehicles currently due for
replacement with six new vehicles. The vehicles are noted in the FY 2008/2009
Equipment Replacement Fund which has been previously approved in the
2008/2009 Council budget. (Fiscal Impact: Not to exceed $150,000) Pursuant to
El Segundo Municipal Code § 1 -7 -11, utilize cooperative purchasing and
authorized staff to issue a purchase order using existing City of La Verne, City of
Long Beach, and City of Anaheim contracts.
4. Approved award of Contract No. 3918 to Shaw Industries Inc., for the installation
of new carpet at the El Segundo Police Department (348 Main Street). (Fiscal
Impact: 75,620.91) Authorized the City Manager to execute the contract, in a
form as approved by the City Attorney with Shaw Industries Inc., in the amount of
$75,620.91 cooperative purchasing using the State of California Contract No. 4-
97- 72- 0008A.
5. Accepted the work as complete for the Stevenson Field Bleachers Upgrade at
339 Sheldon St. — Project No. PW 08 -07. (Fiscal Impact: $39,200.00) Authorized
the City Clerk to file a Notice of Completion in the County Recorder's Office.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 4
6. Approved Change Order Number 4 in the amount of $26,263.09 and accepted
the work as complete for the Nash Street/Douglas Street One -Way to Two -Way
Street Conversion project from Imperial Highway to El Segundo Boulevard.
Project No.: PW07 -09. (Fiscal Impact: $1,793,768.20) Authorized the City Clerk
to file a Notice of Completion in the County Recorder's Office.
7. Authorized City Manager to execute Memorandum of Agreement No. 3919 with
the City of Redondo Beach to fund the implementation of the Santa Monica Bay
Beaches Bacteria TMDL Implementation Plan. (Fiscal Impact: $1,525)
8. Approved a full -time Administrative Analyst position in the Recreation and Parks
Department and approved the examination plan. (Fiscal Impact: $13,000)
9. PULLED FOR DISCUSSION BY MAYOR MCDOWELL.
10. Adopted Plans and Specifications for rehabilitation of Mariposa Avenue from
Sepulveda Boulevard to Nash Street and Main Street from Mariposa Avenue to
Imperial Highway. Project No.: PW 09 -01 (Fiscal Impact: $516,000) Authorized
staff to advertise the project for receipt of construction bids.
11. Pursuant to ESMC § 1 -7 -11 utilized cooperative purchasing with National Joint
Powers Alliance (NJPA) contract # 011707 to purchase modular ergonomic
furniture and storage from Tangram Interiors for the Human Resources
Department and relocated employee break room. — Approved Capital
Improvement Program. (Fiscal Impact: $46,750.00)
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Brann to approve
Consent Agenda Items 1, 2, 3, 4, 5, 6, 8, 10 and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
9. Consideration and possible action to reject all bids for construction related to
Group 31 (23 homes) of the City's Residential Sound Insulation Program. (RSI
09 -01) (Fiscal impact: None) and authorize staff to re- advertise a Notice Inviting
Sealed Bids for construction services.
Mark Hensley, City Attorney, gave a brief report.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson, to
reject all bids for construction related to Group 31 (23 homes) of the City's Residential
Sound Insulation Program. (RSI 09 -01) Authorize staff to re- advertise a Notice Inviting
Sealed Bids for construction services. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
F. NEW BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 5
029
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER — Wished the community a happy and safe St.
Patrick's Day.
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding his meetings with various City Departments
and spoke regarding the possibility of implementing a Community Garden.
Council Member Fisher —
12. Consideration and possible action to direct staff to prepare an analysis and
recommendation for a Mills Act Property Tax Abatement Program for the City of
El Segundo. (Fiscal Impact: none)
MOTION BY Council Member Fisher, SECONDED by Mayor Pro Tern Busch to direct
staff to prepare an analysis and recommendation for a Mills Act Property Tax
Abatement Program. MOTION FAILED BY THE FOLLOWING VOTE: AYES: MAYOR
PRO TEM BUSCH AND COUNCIL MEMBER FISHER; NOES: MAYOR MCDOWELL,
COUNCIL MEMBER BRANN AND JACOBSON. 2/3
13. Consideration and possible action regarding a feasibility study to identify
changes needed for developing a leaseable restaurant facility at The Lakes Golf
Course. (Fiscal Impact: Not to Exceed $30,000.00)
Council consensus to address this item at the Strategic Planning Meeting scheduled for
Thursday March 19, 2009, 8:00 a.m., El Segundo Library, Friends of the Library Room.
Council Member Jacobson — NONE
Mayor Pro Tern Busch — Spoke regarding the Arbor Day tree planting along Hughes
Way. Also spoke on the construction of the Center Street Learning Garden.
Mayor McDowell — Reminder of the Second Annual Star Party this coming Friday at
dusk at Hilltop Park.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 6
i 1
V.)V
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed. - NONE
MEMORIALS — Adjourned in memory of Eris Field.
CLOSED SESSION — NONE
ADJOURNMENT at 7:58 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 17, 2009
PAGE NO. 7
031
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
THURSDAY, MARCH 19, 2009
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
8:00 a.m.
8:00 A.M. SESSION
CALL TO ORDER — Mayor McDowell at 8:00 a.m.
ROLL CALL
Mayor McDowell
Mayor Pro Tern
Council Member Brann arrived at 8:02 a.m.
Council Member Fisher
Council Member Jacobson
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed. - NONE
This planning session will guide staff in the preparation of the FY 2009 -10 Preliminary Budget,
which will be presented at the next Strategic Planning Session. Council may raise other
development, policy, capital project and potential budget reduction items for consideration as part
of staffs preparation of the FY 2009 -10 Preliminary Budget.
SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding a strategic planning session which will guide
staff in the preparation of the Fiscal Year 2009 -2010 Preliminary Budget. Staff will present a
brief overview of the challenges /limitations, goals and strategies with associated projects
and program.
Jack Wayt, City Manager gave a brief overview.
Staff gave a brief report on the following items:
Accomplishments:
• Douglas Street
• Athletic Fields
• Plaza El Segundo
• Fire Station #2
• Use of Reclaimed Water
• Implementation of Environmental Workplan
032
RSI Homes Completed and Additional funding
Crime Reduction
Development Project Update:
• Data Centers
• Hotels
• Campus El Segundo
• Plaza El Segundo
• Segundo Business Park
• Gehry Partners
• Aviation /Aerospace
Bill Crowe, Assistant City Manager, gave an update on AQMD Lawsuit. Noted that AQMD was not
issuing any credits for the excess energy used by the data center. Data Center /City need to
purchase up to $1 million in credits.
Council discussed sending a letter in support of a bill from Congressman Wright to try and resolve
the issue with credits.
Council asked if there was possibility of fee increases for new development.
Update on Pedestrian Bridge Completion — should be completed by June /July 2009.
Strategic Planning 2009 -10 Challenges /Limitations:
• Current economic crisis
• Reduced revenues
• Escalating PERS rates driven by higher salaries and portfolio losses
• Unemployment rate continues to increase
• Other Post Employment Benefits (OPEB) Funding
Strategic Planning 2009 -10 Budget Parameters:
• In preparation of the FY 09 -10 budget, staff is considering the following:
o Non - personnel costs — no increases over the prior year budget or a 2% or $250,000
reduction
• Reduction of consulting contracts — to be determined
• Benefit costs — estimated at 5% increase over prior year — approximately $782,000
• Salary costs — salary increases per MOUs — average for all groups — 4% increase —
approximately $1.2 million increase
Strategic Planning FY 2009 -2010 Agenda:
• To identify priorities for City Operations and annual budget
• To guide the City's capital improvement programs
• Discuss Policy Issues
• Identify Projects for Funding Consideration
• Identify Potential Revenue Generators /Cost Savings
• Identify Budget Reduction Options
Jack Wayt, City Manager, presented the proposed City goals:
• Provide quality public safety
033
• Provide quality service to our resident and business community
• Improve public facilities and infrastructure
• Promote community health and environment
• Strive to operate debt -free ( "pay -as- you -go ")
Deborah Cullen, Finance Director presented supporting strategies:
• Maintain a balanced budget
• Manage salary/benefit costs
• Identify potential cost - saving areas
• Continuously evaluate staffing needs
• Continue to invest in technology to maintain and improve efficiencies
Mayor McDowell requested a faster speed on City internet, which currently runs on a T -1 line.
Norm Thorn, Information Services Manager, stated that the current line will be supplemented by a
faster line once Fire Station #2 was completed.
Finance to update Economic Uncertainty Fund Analysis.
Policy issues - Land Use and Development were discussed:
• Douglas Street Corridor
• Capital Project Funding
• LAX Projects
• Richmond /Franklin Parking Lot
• Smoky Hollow, Power Plant, Circulation Element
• Zone Ordinance Amendment — Assisted Living, Parking /Loading Issues — cleanup to be
done in house
• In -Lieu Parking
Douglas Street Corridor — Current landscaping and traffic congestion discussed. Suggested
business owners upgrade landscape when renovating property. Council discussed having staff
look for grant opportunities. Also wanted to look at allowing more "creative" uses and amending
the zoning or coming up with a Specific Plan. No funding was identified for a specific plan and
staff may do some work. Staff may want to talk to the property owners in the area to see what they
are interested in.
Mayor McDowell asked if there were state grants available for beautifying Douglas Street.
Mayor Pro -Tem Busch inquired if businesses would be interested in subsidizing the
beautification /landscaping project.
Capital Project Funding — Dana Greenwood, Public Works Director, suggested prioritizing projects
might be a task for Public Works rather than the Capital Improvements Program Advisory
Committee ( CIPAC). Council consensus to have the Public Works Director rank critical
infrastructure projects and add to the CIPAC Project list.
Richmond /Franklin Parking Lot — Greg Carpenter, Planning and Building Safety Director, stated
that the study on the parking lot concluded that the City would have to subsidize some of the cost
of the parking lot lease, as the parking fees would not be enough to fund operations.
034
Council directed the Planning and Building Safety Director to come back with cost estimate and
present Information to the parking sub - committee.
Smoky Hollow /Power Plant/Circulation — Council consensus to hold off on future funding for these
projects and undesignate funds at this time. Council supported the concept of combining this
funding into a general plan update and requested a cost/time estimate. Staff to follow up with a
memo or discuss at a future Council meeting. Staff to find out how much Manhattan Beach spent
on their general plan update.
In -Lieu Parking — Information sent by City Attorney on March 20, 2009. Staff to meet with Attorney
to resolve any questions. Item to be agendized for the earliest possible Planning Commission
meeting.
Policy Issues:
• School District Funding
• Park Place
School District Funding — Council consensus to fund at least to traditional level of $250,000.
Council consensus not to increase funding unless the School District reduces staffing and tap their
own budget reserves.
Current year funding to the School District is $400,000 cash contribution, $100,000 in direct
funding of crossing guards and $664,000 in in -kind contributions. It was noted that the District may
issue more layoff notices in the next year.
City Attorney to research the Naylor Act regarding possible purchase or lease of Imperial School
property.
Council recessed at 9:40 a.m.
Council reconvened at 9:50 a.m. with all Council Members present.
Projects for Funding Consideration — Capital Projects:
• Beach Restroom
• Aquatics Center
• Richmond Street Tree Removal /Replanting
• Aerial Ladder Truck for Fire Department
• Golf Course Restaurant
• Web Page
Beach Restroom — Pending funding clarification from County.
Aquatics Center — Preliminary cost estimates - $4.5 to $14 million. Council consensus to complete
feasibility study and report back.
Richmond Street Tree Removal /Replanting — preliminary cost estimate was $30,000 for tree
removal and $220,000 for hardscape replacement. Council consensus to budget for tree removal
only and do hardscape on an as- needed basis.
4
035
Aerial Ladder Truck — It was noted that remaining useful life was projected to be five years. Staff
to research purchasing a used truck from a financially distressed City and /or funding for a new
truck using Fire Station #2 contingency designation of $1.5 million.
Golf Course Restaurant — Council discussed the possibility of leasing restaurant property to
restaurateurs. Golf Course Subcommittee to research cost/benefit and report results to the
Recreation and Parks Commission before doing a possible feasibility study.
Web Page — Executive Technology Review Committee to research high speed network
connection. Council requested cost estimates for upgrading the Web site be returned to the
Technology Subcommittee.
Possible Revenue Generators:
• New Telecom Ordinance
• TOT Class Action
• Fee Study
• Continuous implementation of fee study
• Fee study for police fees and fines
• County /Court fee increase
• Economic Stimulus Plan
• Disposition of Fire Station #2 Land
• Developer Fees — PLF
• Water /Sewer Rate Study
Telecom Ordinance — Council directed staff to draft new ordinance for council review. The target
timeframe for making a decision is October 2009. If ordinance is accepted by Council, to be
placed on the April 2010 Election Ballot.
TOT Class Action — to be agendized for City Council Closed Session.
Fee Study — Council consensus to proceed with the Police Department fee study and pass- through
county /court charges for fines and fees.
Council directed staff to research the possibility of adding a COLA for the Business License Tax.
Council consensus to eliminate the $40 business license processing fee from home based
business and small business.
Disposition of Fire Station #2 Land — Staff to research sale price.
Developer Fees — PLF — City Council requested information on the 2006 study before a decision is
made.
Water /Sewer Rate Study - Council consensus to bring back proposal for pass- through water rate
increase.
Budget Reduction Options
• Safety Communication Center
• Equipment Replacement Funding
• Trash Collection Fees — Taken out of consideration
• Other Post Employment Benefits (OPEB) Funding
5 036
• Capital Project Funding
• Water Conservation Ordinance
• Consulting Contracts
• Personnel Costs
• Bonus incentives for early retirement or contracts
• Selective hiring freeze
• Overtime
• Reorganization
• Sewer Laterals — Taken out of consideration.
Safety Communication Center — Police Department to obtain estimate of cost of outsourcing and
possibility of renting out existing space to other agencies.
Equipment Replacement Funding — Council consensus to consider reducing funding levels as a
last resort.
Water Conservation Ordinance — Staff to draft ordinance.
Consulting Contracts — Individual departments to identify contracts that could be eliminated.
Bonus Incentives for early retirement — Bob Hyland, Human Resources Director, to research
options.
Selective Flexible Hiring Freeze — Jack Wayt, City Manager, to provide listing of unfilled positions.
Overtime reduction — Finance to summarize City -wide overtime by department.
Council Member Brann left the meeting at 11:42 a.m.
ADJOURNMENT at 11:47 a.m.
Cathy Domann, Deputy City Clerk
6 037
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution supporting SB 696 (Wright), a bill
stating the Legislature's intent to enact legislation to ensure availability of sufficient
credits for the South Coast Air Quality Management District (SCAQMD) to issue permits
for essential public services and new clean efficient power plants. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached resolution supporting SB 696;
2. Authorize legislative advocacy efforts to promote passage of the bill;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution of City Council supporting SB 696 (Wright)
2. Copies of SB 696, Current Bill Status and History
FISCAL IMPACT: None
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Bill Crowe, Assit Ci a alter
REVIEWED BY:
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Under current law, new or modified sources of air pollutants within a federally designated non -
attainment area that result in emission increases over specified thresholds are required to provide
emission reduction credits from other sources so that in aggregate, there is no net increase in
emissions. The air basins regulated by the South Coast Air Quality Management District
(SCAQMD) are designated non - attainment areas for PM2.5, PM 10, and ozone.
Due to the strict emission limits on stationary sources and the inability to create material
amounts of new emission reduction credits without shutting down businesses and losing more
jobs, there is a severe shortage of emission reduction credits for sources of PM2.5 and PM 10 in
our air basin. SCAQMD recently amended Rule 1309.1 to make emission credits from its
internal bank available to new clean, efficient power plants. A recent court decision invalidated
the SCAQMD rule specifying how the District accounts for and calculates the amount of
emission reduction credits available. As a result, permits that rely on credits from the District
internal bank cannot be issued.
S1
038
A RESOLUTION OF THE CITY OF EL SEGUNDO
SUPPORTING SB 696 (WRIGHT) A BILL TO ENSURE AVAILABILITY OF
EMISSION REDUCTION CREDITS FOR ESSENTIAL PUBLIC SERVICES AND
NEW CLEAN EFFICIENT POWER PLANTS
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Under current law, new or modified sources of air pollutants within
a federally designated non - attainment area that result in emission
increases over specified thresholds are required to provide
emission reduction credits from other sources so that in aggregate,
there is no net increase in emissions;
B. The air basins regulated by the South Coast Air Quality
Management District (SCAQMD) are designated non - attainment
areas for PM2.5, PM 10, and ozone;
C. Due to the strict emission limits on stationary sources and the
inability to create material amounts of new emission reduction
credits without shutting down businesses and losing more jobs,
there is a severe shortage of emission reduction credits for sources
of PM2.5 and PM 10 in our air basin;
D. SCAQMD recently amended Rule 1309.1 to make emission credits
from its internal bank available to new clean, efficient power plants.
A recent court decision invalidated the District's rule specifying how
the AQMD accounts for and calculates the amount of emission
reduction credits available. As a result, permits that rely on credits
from the District internal bank cannot be issued.
SECTION 2: The City of El Segundo is concerned that the District's inability to
issue permits will unduly delay the completion of new development projects
within the community, including the construction of new clean efficient power
plant.
SECTION 3: The City of El Segundo strongly supports SB 696 which would state
that it is it is the intent of the Legislature to enact legislation to ensure that there
are sufficient credits available for the South Coast Air Quality Management
District to issue permits for essential public services and new clean efficient
power plants.
039
SECTION 4: The City Manager is directed and authorized to communicate the
City Council's policy position on this matter to members of the California
Legislature, the Governor and appropriate state agencies as necessary.
SECTION 5: The City Clerk is directed to certify the adoption of this Resolution;
record this Resolution in the book of the City's original resolutions; and make a
minute action of the adoption of the Resolution in the City Council's records and
the minutes of this meeting.
SECTION 6: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 7th day of April 2009.
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
Kelly McDowell,
Mayor
0 4u
SENATE BILL No. 696
Introduced by Senator Wright
February 27, 2009
An act relating to emission reduction credits.
LEGISLATIVE COUNSEL'S DIGEST
S13 696, as introduced, Wright. Air quality: regional districts: emission
reduction credits.
Under existing law, every air pollution control district or air quality
management district in a federal nonattainment area for any national
ambient air quality standard is required to establish by regulation, a
system by which all reductions in emissions of air contaminants that
are to be used to offset certain future increases in the emission of air
contaminants are banked prior to use.
This bill would state that it is the intent of the Legislature to enact
legislation to ensure that there are sufficient credits available for the
South Coast Air Quality Management District to issue permits for
essential public services and new clean efficient power plants.
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The legislature finds and declares all of the
2 following:
3 (a) Under existing law, new or modified sources of air pollutants
4 within a federally designated nonattainment area that result in
5 emission increases over specified thresholds are required to provide
6 emission reduction credits from other sources so that, in aggregate,
7 there is no net increase in emissions.
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SB 696
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(b) The air basins regulated by the South Coast Air Quality
Management District are designated nonattainment areas for
PM2.5, PM 10, and ozone, the majority of which is due to mobile
sources.
(c) Due to strict emission limits on stationary sources and the
inability to create material amounts of new emission reduction
credits without shutting down businesses and losing jobs, there is
a severe shortage of emission reduction credits for sources of
PM2.5 and PM 10 in the air basins regulated by the South Coast
Air Quality Management District.
(d) In the South Coast Air Quality Management District, certain
emission sources, including essential public services, rely on
emission credits contained in the district's internal accounts. The
district obtains credits for its internal bank from surplus emission
reductions not otherwise used for credits. Emission reduction
credits have to be real, surplus, enforceable, quantifiable, and
permanent.
(e) The South Coast Air Quality Management District recently
amended Rule 1309.1 to make emission credits from its internal
bank available to new clean, efficient power plants. The South
Coast Air Quality Management District also enacted a new rule
governing the accounting and tracking of offsets.
(f) A recent court decision invalidated the South Coast Air
Quality Management District rule specifying how the district
accounts for and calculates the amount of emission reduction
credits available. As a result of that court decision permits that
rely on credits from the district internal bank cannot be issued.
(g) The South Coast Air Quality Management District regulates
more than 28,000 stationary sources, and administers more than
80,000 permits. The Legislature needs act to avoid business
shutdowns and job losses, and to ensure electric system reliability.
SEC. 2. It is the intent of the Legislature to enact legislation
to ensure that there are sufficient real, surplus, enforceable,
quantifiable, and permanent emission reduction credits available
so that essential public services, and new clean efficient power
plants needed to maintain system reliability and integrate renewable
resources can be permitted by the South Coast Air Quality
Management District.
.x
99
042
SB 696 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE : S.B. No. 696
AUTHOR(S) Wright.
TOPIC Air quality: regional districts: emission reduction
credits.
HOUSE LOCATION SEN
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Non - Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 03/19/2009
LAST HIST. ACTION To Com. on RLS.
TITLE An act relating to emission reduction credits.
Page 1 of 1
043
http: / /www.leginfo.ca.gov /pub /09- 10/bill /sen/sb_0651- 0700 /sb_696_bill_20090319_status... 3/24/2009
SB 696 Senate Bill - History
COMPLETE BILL HISTORY
BILL NUMBER : S.B. No. 696
AUTHOR Wright
TOPIC Air quality: regional districts: emission reduction credits.
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Non - Fiscal
Non -Tax Levy
BILL HISTORY
2009
Mar. 19 To Com. on RLS.
Mar. 2 Read first time.
Feb. 28 From print. May be acted upon on or after March 30.
Feb. 27 Introduced. To Com. on RLS. for assignment. To print.
Page 1 of 1
44
http: / /www.leginfo.ca.gov/ pub /09- 10/bill /sen/sb_ 0651- 0700 /sb_696_bill_20090319_histor... 3/24/2009
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of Ordinance No. 1428 to approve an
amendment to the contract between the Board of Administration of the California Public Employees'
Retirement System (Ca1PERS) and the El Segundo City Council providing Section 21548 (Pre -
Retirement Option 2W Death Benefit) for the City's Local Safety Members.
(Fiscal Impact: Increase in the Total Safety Employer Rate of 0.243%.)
RECOMMENDED COUNCIL ACTION:
1. Second Reading by Title Only and Adoption of Ordinance No. 1428.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1428
2. Ca1PERS Exhibit - Amendment to Contract.
FISCAL IMPACT: Increase in the total employer rate of 0.243 %.
Amount Budgeted: $ N/A
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Bob Hyland, Director of Human Resources P4
REVIEWED BY: Bill Crowe, Assistant C' anager
APPROVED BY: Jack Wayt, City Manag�
BACKGROUND AND DISCUSSION:
On December 2, 2008, Council adopted a Resolution providing for salary and benefit
changes to Chapter IA2 (Management- Confidential Series) of the El Segundo Administrative Code.
On December 16, 2008, Council adopted Resolutions approving tentative agreements and
entered into three -year Labor Agreements with the Police Officer's Association, Firefighter's
Association, and Police Manager's Association.
The changes to the Administrative Code and the three -year Labor Agreements included
providing for amending the contract between the Board of Administration of the California Public
Employees Retirement System (CaIPERS) and the El Segundo City Council, providing for Section
21548 (Pre- Retirement Option 2W Death Benefit) for the City's Local Safety Members. This
benefit will be available to employees in the following job classifications:
- Police Chief, Fire Chief, Deputy Fire Chief, Battalion Chief
- Police Captain, Police Lieutenant
i; 4 5
W
- Police Sergeant, Police Officer
- Fire Captain, Fire Engineer, Firefighter
- Environmental Safety Manager
Adoption of Ordinance No. 1416 on March 4, 2008 provided this benefit to the City's
miscellaneous (non - safety) PERS members.
Staff initiated the contract amendment process on January 6, 2009, by requesting that
Ca1PERS prepare the required Actuarial Evaluation necessary to establish the cost of the benefit.
Council adopted the required Resolution of Intention (Resolution No. 4590) and introduced
and waived the First Reading of the Ordinance on March 4, 2009.
The effective date of this contract amendment, May 9, 2009, cannot be earlier than the first
day of a Payroll Period following the effective date of the Ordinance.
Government Code Section 7507 requires that the future annual costs of the proposed contract
amendment be made public at a public meeting at least two weeks prior to the Second Reading and
Adoption of the Ordinance.
Government Code Section 20741 requires that there must be a 20 -day period between the
Adoption of the Resolution of Intention and Second Reading and Adoption of the Ordinance. Thus,
if the Resolution of Intention is adopted at Council's March 3, 2009 meeting, the Ordinance will be
agendized for Final Reading and Adoption at the April 7, 2009 Council Meeting.
Ca1PERS recommends that the following contract amendment cost information be disclosed:
1.) Change in the Present Value of Benefits $349,758
2.) Change in the Accrued Liability $257,615
3.) Change in the Total Employer Rate 0.243%
CalPERS description of Section 21548 - Pre - Retirement Option 2W Death Benefit:
"The spouse or domestic partner of a deceased member, who was eligible to retire at time of
death, may elect to receive the Pre - Retirement Option 2W Death Benefit in lieu of the lump sum
Basic Death Benefit.
The benefit is a monthly allowance equal to the amount the member would have received if
he /she had retired for service on the Date of Death and elected Option 2W, the highest monthly
allowance a member can leave a spouse or domestic partner."
046
-2-
ORDINANCE NO. 1428
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The Attached Exhibit A. an amendment to the contract between the City Council
of the City of E1 Segundo and the Board of Administration, California Public Employees'
Retirement System, is approved and the Mayor is authorized to execute the amendment.
SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of
the passage and adoption in the records of this meeting; and, within fifteen (15) days after the
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 3: This Ordinance will be come effective on the thirty -first (31 ") day following its
passage and adoption.
PASSED AND ADOPTED this day of _ 2009.
Kelly McDowell, Mayor
v47
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. was duly introduced by said City Council at a
regular meeting held on the day of , 2009, and was duly passed
and adopted by said City Council, approved and signed by the Mayor, and attested to
by the City Clerk, all at a regular meeting of said Council held on the day of
2009, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TC/FORM:
Mark D. Hensley, City Attoif ey;_
4,
By.
Karl i..Betger, As*1stant City Attorney
;_118
Atk%',
Ca1PERS
EXHIBIT A
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of el Segundo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1943, and witnessed August 25, 1943, and as amended effective November
1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9,
1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July
19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3,
1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19,
1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19,
2001, July 2, 2004 and April 12, 2008 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective April 12, 2008, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members; age 55 fro local fire
members and age 50 for local police members.
() 4 9
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1943 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and /or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 superseded this contract provision by providing that any
such temporary and /or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Section with Government Code Section 20305 effective July
1, 1994.
6. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after July 1,
1956, the effective date of Social Security coverage, for members whose
service has been included in Federal Social Security (2% at age 55
Full and Modified).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full and Modified).
�J���
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance)
for local safety members only.
b. Section 21571 (Basic Level of 1959 Survivor Benefits) fro local
miscellaneous members only.
C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20042 (One -Year Final Compensation).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21548 (Pre- Retirement Option 2W Death Benefit).
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous membes and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
0 5 1
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO
BY BY
LORI MCGARTLAND, CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 0039
PERS- CON -702A (Rev. 10 \05)
059
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of revised Class Specifications for the
classifications of Accounting Technician, Wastewater Maintenance Worker I, Wastewater
Maintenance Worker II and Wastewater Maintenance Leadworker and approval of the examination
plan for Accounting Technician. Fiscal Impact: None.
RECOMMENDED COUNCIL ACTION:
Approve the proposed Class Specifications for Accounting Technician, Wastewater
MaintenanceWorker I, Wastewater Maintenance Worker II and Wastewater Maintenance
Leadworker.
2. Approve the proposed Examination Plan for Accounting Technician.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Class Specifications for Accounting Technician, Wastewater Maintenance Worker I,
Wastewater Maintenance Worker II and Wastewater Maintenance Leadworker.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ N/A
Additional Appropriation: N/A
Account Number(s): p���,�Jj��r,..
ORIGINATED BY: Marth '"lljkstra, Human Resources Manager
REVIEWED BY: Bob Hyland, Director of, uman Resources
APPROVED BY: Jack Wayt, City Manag�r
BACKGROUND AND DISCUSSION:
In anticipation of the recruitment, testing and selection process to fill vacancies in the Finance and
Public Works Departments, staff has determined the need to revise the class specifications for
Accounting Technician, Wastewater Maintenance Worker I, Wastewater Maintenance Worker II
and Wastewater Maintenance Leadworker.
The class specification for Accounting Technician was last revised in September 2001. Since then,
additional positions have been allocated to this classification. As a result, the class specification
needs to be revised to reflect the broader nature of this classification.
The class specifications for the Wastewater Maintenance series were last revised on October 16,
2007. While preparing for the upcoming recruitment process, it came to staff s attention that some
of the changes intended for Council approval in 2007 were inadvertently omitted. We are now
submitting the specifications with the revisions necessary to accurately reflect the duties and
responsibilities assigned to these classes. 6
053
Examination Plan
Accounting Technician Open- Competitive
- Written Test Pass /Fail
- Structured Technical and Career
Preparation Interview 100%
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of Initiative Ordinance No. 586 in April 1962.
For departments other than Police and Fire, the plan may consist of any one or combination of the
following techniques:
1. Written;
2. Oral;
3. Demonstration; and
4. Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the
relative capacities of the applicants.
Police and Fire Departments:
The examination plan, for entrance or promotional, for the Police and Fire Departments, shall
consist of a written examination and one or more of the following:
1. Oral;
2. Demonstration; and
3. Any evaluation of education, certification, experience, or skills or any test of manual skills or
physical fitness, which fairly evaluates the relative capacities of the applicant.
0514
City of El Segundo, CA Job Description
Job Code:
ACCOUNTING TECHNICIAN
Definition: Under general supervision, performs a variety of specialized, technical and
paraprofessional work in support of the City's Accounting /Finance function and paraprofessional
accounting work in the preparation, review and maintenance of financial and statistical records;
and may provide technical accounting support for a City department, function or program.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Performs a variety of specialized, technical, administrative and paraprofessional work in support
of the City's Accounting /Finance function.
Researches and provides accounting- related information concerning a designated City
department, function or program; maintains records and documentation of designated activities
such as charges, penalties, delinquent notices, usage, service orders and the like; evaluates
records and reports and initiates appropriate course of action.
Compiles and records fiscal and statistical data; prepares statistical reports, correspondence and
related documents; posts, adjusts and reconciles designated accounts and balances; processes
time sheets and payroll information; prepares reports of financial activities and transactions.
Provides information and assistance to other departments and to the public regarding department,
function or program accounting - related and other operating policies and procedures; gathers,
abstracts and explains or interprets technical data and rules and regulations.
Reviews claims, warrants, computer source documents and other records for accuracy; codes and
otherwise prepares documents for further processing; verifies and prepares invoices, billings,
purchase orders, vouchers, warrants, statements and the like for disposition.
Collects money for a variety of accounts and calculates payments according to formulas.
Provides direct or backup administrative support to the work unit in preparing correspondence,
standard forms, charts and reports; responds to inquiries from other City employees and the
public regarding procedures, processes or departmental activities.
Knowledge, Skills and Other Characteristics:
Knowledge of accounting principles, practices and procedures involved in the preparation and
processing of accounting /financial records.
Knowledge of recordkeeping methods related to accounting or financial transactions
055
April 7, 2009
Accounting Technician
Knowledge of City policies and procedures involved in the preparation and processing of fiscal
records.
Knowledge of procedures, methods and office equipment /computer programs used in accounting
and financial transactions and record keeping.
Knowledge of general office support practices and procedures.
Knowledge of a variety of computer software, including work processing, database, and
spreadsheet applications.
Knowledge of records processing and maintenance procedures and systems.
Skill performing a variety of specialized, technical and paraprofessional work in support of the
City's Accounting and Finance function.
Skill operating a variety of office equipment, including calculator, typewriter and computer /data
terminal.
Skill analyzing and resolving unusual situations involved in financial and statistical record
keeping systems.
Skill making arithmetical calculations quickly and accurately.
Skill performing technical - related financial record keeping work.
Skill applying and detecting errors in specific segments of a record keeping system
Skill communicating effectively both orally and in writing.
Skill establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Working Conditions:
Typical office environment.
Licensine /Certification Requirements:
None.
Minimum Qualifications:
Graduation from high school or equivalent, and completion of college level coursework in
accounting, bookkeeping or finance; and three (3) years of accounting, or related experience in
the maintenance of financial and statistical records; or an equivalent combination of education
and experience.
2 April 7, 2009 6156
City of El Segundo, CA Job Description
Job Code:
WASTEWATER MAINTENANCE WORKER I
Definition: Under direct supervision, performs a variety of unskilled and semi - skilled tasks in
the installation, construction, maintenance and repair of the City's wastewater and storm drain
systems.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Participates in inspecting and assists in performing preventive maintenance and repair of the
wastewater and storm drain system including sewer mains and lines, sewer and storm drain lift
stations, pumps, motors, wet wells, manhole structures and related equipment; operates City
equipment, tools and vehicles used in the maintenance of these systems.
Assists in the installation of new sewer lines, storm drains and sewer tap -ins; participates in
construction of sewer systems; maintains collection systems and manholes; performs pipe fitting
and valve repair work; cuts and replaces concrete and /or asphalt; operates construction
equipment and assists in digging and backfilling trenches.
As a crew member, responds to emergency calls for assistance from the public or other agencies;
takes appropriate public safety measures and initiates corrective action.
Knowledee, Skills and Other Characteristics:
Knowledge of maintenance procedures for wastewater and storm drain systems.
Knowledge of general construction procedures.
Knowledge of operating principles of valves, motors and pumps.
Knowledge of equipment capabilities, limitations and safe operating characteristics.
Knowledge of traffic laws, ordinances and regulations relating to the operation of assigned
equipment.
Knowledge of OSHA safety standards related to all aspects of assigned tasks.
Knowledge of City geography and the layout of the wastewater and storm drain systems.
Skill in performing semi - skilled and skilled construction and maintenance tasks.
Skill in installation, repair and maintenance of selected aspects of the wastewater systems.
Skill in the efficient and safe operation of power tools, equipment and vehicles.
April 7, 2009 057
Wastewater Maintenance Worker I
Skill reading blueprints.
Skill reading meters, gauges and charts.
Skill responding to public works emergencies.
Skill following written and oral instructions.
Skill utilizing public relations techniques in responding to inquiries and complaints.
Skill in establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Working Conditions:
Regularly exposed to vehicular traffic.
Regularly required to lift and /or carry up to 100 pounds.
Regularly exposed to sounds and smells associated with wastewater and storm drain systems.
Occasionally works in confined spaces, in close proximity to electrical, noise and mechanical
hazards.
Licensing /Certification Requirements:
A valid California driver's license at a level appropriate to the equipment operated and the ability
to acquire a valid Class B California driver's license within one year of appointment.
CWEA Grade I Certification in Wastewater Collection Systems Maintenance within one year of
appointment.
Minimum Oualifications:
Graduation from high school or GED including coursework in mechanics, building construction
and /or maintenance work, or related trades; or an equivalent combination of education and
experience.
April 7, 2009
058
City of El Segundo, CA Job Description
Job Code:
WASTEWATER MAINTENANCE WORKER II
Definition: Under general supervision, performs a variety of semi - skilled and skilled tasks in
the installation, construction, maintenance and repair of the City's wastewater and storm drain
systems.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Assists the wastewater lead worker in the training and daily work of less experienced wastewater
maintenance workers.
Inspects, installs, maintains, services and repairs all aspects of the wastewater system including
sewer mains and lines, sewer and storm drain lift stations, pumps, tanks, motors, wet wells,
manhole structures and other related equipment; cleans sewer mains and storm drain systems;
performs preventative maintenance on pumps, pump motors and equipment; evaluates pumping
operations and makes adjustments as necessary; performs maintenance and repairs on pump
buildings and facilities; operates City equipment, tools and vehicles used in the maintenance of
these systems.
Installs sewer lines and sewer tap -ins; participates in construction of sewer systems; repairs
collection systems and manholes; performs pipefitting and valve repair work; cuts and replaces
concrete and /or asphalt; operates construction equipment; digs and backfills trenches.
Responds to emergency calls for assistance from the public or other agencies; takes appropriate
public safety measures and initiates corrective action.
Knowledee, Skills and Other Characteristics:
Knowledge of maintenance procedures for wastewater systems and storm drain systems
Knowledge of general construction procedures.
Knowledge of operating principles of valves, motors and pumps.
Knowledge of equipment capabilities, limitations and safe operating characteristics.
Knowledge of traffic laws, ordinances and regulations relating to the operation of assigned
equipment.
Knowledge of OSHA safety standards related to all aspects of assigned tasks.
Knowledge of methods of collection and preserving domestic water samples.
April 7, 2009
059
Wastewater Maintenance Worker 11
Knowledge of City geography and the layout of wastewater and storm drain systems.
Skill in installation, repair and maintenance of all aspects of wastewater and storm drain systems.
Skill in the efficient and safe operation of power tools, equipment and vehicles.
Skill reading blueprints.
Skill reading meters, pump gauges and charts.
Skill responding to public works emergencies.
Skill following written and oral instructions.
Skill utilizing public relations techniques in responding to inquiries and complaints.
Skill in establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Workine Conditions:
Regularly exposed to vehicular traffic.
Regularly required to lift and /or carry up to 100 pounds.
Regularly exposed to sounds and smells associated with wastewater and storm drain systems.
Occasionally works in confined spaces, in close proximity to electrical, noise and mechanical
hazards.
Licensine /Certification Requirements:
A valid Class B California Driver's License
CWEA Grade I Certification in Wastewater Collection System Maintenance.
Minimum Oualifications:
Graduation from high school or GED and two (2) years experience in the installation,
maintenance and repair of water/ wastewater systems and /or similar construction, or an
equivalent combination of education and experience.
2 April 7, 2009
0 (60
City of El Segundo, CA
Job Description
Job Code:
WASTEWATER MAINTENANCE LEADWORKER
Definition: Under general supervision, plans, coordinates and leads a work crew and
participates in the installation, maintenance, repair and upkeep of City's wastewater and storm
drain systems.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Positions in this classification typically perform a full range of duties at a level of complexity
represented by the following types of responsibilities:
Performs all work activities of assigned public works crew(s).
Identifies and prioritizes work, schedules and assigns work, evaluates progress and oversees
work; arranges with contractors to perform contracted work; may inspect work performed by
contract crews.
May inspect and troubleshoot systems of assigned function for public works projects and private
developments; may approve and sign off on completed, technically correct work indicating
conformance to specifications and code requirements.
Reviews plans for projects; estimates time and material costs for projects and purchases supplies
and equipment; ensures crews are supplied with adequate and appropriate tools, equipment and
materials; evaluates and recommends changes in work methods, practices and priorities.
Responds to service requests, issues of regulatory compliance and complaints from the public;
responds to emergency calls from the public and other agencies, coordinating with other City
staff as necessary; notifies customers of interruption of services; explains priorities, programs
and policies to the public; provides appropriate follow -up.
Maintains records and writes reports.
Provides input on designated staff performance appraisals; assists in staff training; ensures work
of crew is performed in a safe and efficient manner; trains work crew in the performance of work
tasks and the proper and safe operation and maintenance of equipment.
April 7, 2009
U f)
Wastewater Maintenance Leadworker
Knowledge, Skills and Other Characteristics:
Knowledge of City rules, codes and regulations relating to assigned function.
Knowledge of the methods, materials and equipment used in assigned function.
Knowledge of the application, operation, maintenance and repair of tools and equipment used in
assigned function.
Knowledge of hazards and applicable safety precautions for equipment operation.
Knowledge of equipment capabilities, limitations and safe operating characteristics.
Knowledge of OSHA safety standards related to assigned tasks and equipment operation and
maintenance.
Knowledge of basic principles of supervision.
Skill reading and interpreting plans, specifications and drawings.
Skill performing skilled and semi - skilled public works construction and maintenance tasks.
Skill in operation, maintenance and repair of equipment used in assigned function.
Skill effectively analyzing and responding to emergency situations.
Skill utilizing public relations techniques responding to inquiries and complaints.
Skill conducting research and preparing clear, concise and comprehensive reports.
Skill presenting ideas and concepts orally and in writing.
Skill maintaining accurate records.
Skill in establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Workine Conditions:
Regularly exposed to weather conditions.
Regularly required to lift and /or carry heavy objects up to 90 pounds.
Licensina /Certification Reauirements:
A valid Class B California Driver's license.
CWEA Grade I Certification in Wastewater Collection System Maintenance.
Minimum Oualifications:
Graduation from high school or GED and three (3) years of progressively responsible experience
in the field of wastewater maintenance or a closely related area including some experience in a
leadworker or similar capacity, or an equivalent combination of education and experience.
2 April 7, 2009
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval to piggyback on the National Joint
Powers Alliance (NJPA) contract # 011707 to purchase modular ergonomic furniture and
storage from Tangram Interiors for the Planning and Building Safety Department. —
Approved Capital Improvement Program. (Fiscal Impact: $42,350)
RECOMMENDED COUNCIL ACTION:
Recommendation - (1) Recommend that City Council waive the formal bidding process
per the Municipal Code, and approve the City's use of National Joint Powers Alliance
(NJPA), competitively solicited Contract # 011707, for furniture with Steelcase
(manufacturer) and issuance of purchase orders to the authorized distributor /installers
Tangram Interiors, in the amount of $38,500 plus a 10% contingency for unanticipated
expenses; (2) Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $630,000.00
Additional Appropriation: N/A
Account Number(s): 310 -400- 8201 -8475 (City Hall Improvements)
ORIGINATED BY: Greg Carpenter, Director of Planning and Bulding Safety
REVIEWED BY: Deborah Cullen, Finance - Director
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
In mid -2000, a Council sub - committee was formed that included a Council Member, the City
Manager and two department heads working with Chelsea Design Group, to establish design and
color standards for future City Hall improvements. Office furniture finishes were among the
areas established. The office furniture colors and patterns selected by the sub - committee and
approved by the City Council are manufactured by Steelcase and has been the standard
replacement furniture throughout City Hall since creation of the standard in FY 2000 -2001.
The Planning staff area of the Department of Planning and Building Safety is currently furnished
with used desks, tables and cabinets that were donated to the City approximately 20 years ago.
The Department would like to replace this mixed and well -worn equipment with modular
furniture, consistent with improvements that have been made elsewhere in City Hall. The
refurbishment is expected to improve storage and work productivity and provide a more
07
063
professional appearance to this area.
Upon the approval of this request, the furniture will be ordered and should be installed within the
60 days.
To complete these City Hall improvements, staff recommends approval of use of the NJPA
contract and issuance of purchase orders to Tangram Interiors in the amount of $38,500 plus a
10% contingency for unanticipated expenses.
064
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a comprehensive three -year Memorandum
of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo Police
Managers' Association. (Fiscal Impact: $161,810 salary and benefit increases; plus $68,881 to
resolve salary compaction in the Police Department, for a grand total of $230,691.)
RECOMMENDED COUNCIL ACTION:
1. Approve the Comprehensive Memorandum of Understanding.
2. Authorize the Mayor to execute the Memorandum of Understanding in a form approved by the
City Attorney.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Comprehensive Memorandum of Understanding.
FISCAL IMPACT: ($230,691)
Amount Budgeted: $161,810
Additional Appropriation: $ 68,881
Account Number(s):
ORIGINATED BY: Bob Hyland, Director of Human Resources
REVIEWED BY: Bill Crowe, Assistant Ci anager
APPROVED BY: Jack Wayt, City Managgr
BACKGROUND AND DISCUSSION:
In July 2008, staff and representatives of the El Segundo Police Managers' Association began
meeting and conferring, pursuant to Sections 3500 et. seq. of the California Government Code, for
the purposes of obtaining a labor agreement. Agreement was reached during the second week of
December, 2008. On December 16, 2008, Council approved an Agreement between the City and
the Association and adopted a Resolution approving the Memorandum of Understanding.
Council's action approved the changes in the terms and conditions of employment detailed in the
Agreement, with the understanding that those changes shall then be incorporated into a
Comprehensive Memorandum of Understanding which in itself would then be presented to the
Council for approval.
The Agreement contains the following major provisions:
1. Three -year Term, commencing on July 1, 2008 and ending on September 30, 2011. S
065
2. A 4% salary increase for Police Lieutenants and Police Captains, effective July 5, 2008.
3. In order to address salary compaction issues between Management Job Classifications and
Bargaining Unit Job Classifications, the following salary increases establish 5% compensation
differentials between supervisors and subordinates:
- Lieutenant, 4% salary increase, effective October 1, 2008; and
- Police Captain, 9% salary increase, effective October 1, 2008.
4. Effective 10/1/2009 and 10/1/2010, an increase in compensation reportable to the Public
Employment Retirement System (PERS) equivalent to that received by the El Segundo Police
Officers Association.
5. An increase in additional pay from $800 per month to $1,200. This compensation is used
principally for the purchase of PERS medical insurance, was last increased in July, 2003 and will
be equivalent to that received by the City's unrepresented Management- Confidential Employees.
6. Effective 10/1/2009 and 10/1/2010, an increase in additional pay reportable to PERS equivalent
to that received by Management - Confidential Employees.
7. Conversion of 8% Masters Degree pay to an equivalent flat dollar amount.
8. Provision that the maximum future City contribution for medical insurance, for both active
employees and retirees, shall be $1,800 per month.
9. Acceptance of the revised City of El Segundo Substance Abuse Policy and Drug -Free
Workplace Statement, dated July 1, 2008.
10. Amendment to the City's contract with PERS to provide Section 21548, "Pre- Retirement
Option 2W Death Benefit."
11. An increase in Executive Leave Days from five to seven.
12. An increase in the maximum number of Vacation Days, following completion of 14 years
service, from 22 days to 25 per year.
13. An agreement between the City and the Association to amend the Memorandum of
Understanding to contain all rules, regulations, policies and procedures currently in effect that
relate to wages, hours, benefits and working conditions.
-2-
666
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
EL SEGUNDO POLICE
MANAGERS' ASSOCIATION
JULY 1, 2008 — September 30, 2011
ohr
TABLE OF CONTENTS
ARTICLEI GENERAL PROVISIONS ................................................................................... ..............................I
Section1.01
TUITION AND BOOK REIMBURSEMENT PROGRAM ............................ ..............................5
Preamble .................................................................................................. ..............................1
Section1.02
2.02
Management Rights ................................................................................. ............................... l
Section1.03
2.03
Savings Clause ......................................................................................... ..............................2
Section1.04
2.04
No- Strike Clause ...................................................................................... ..............................2
Section
1.05
Association Dues Deduction .................................................................... ..............................2
Section
1.06
Compaction — Statement of Intent ............................................................ ..............................2
Section
1.07
Completion of Meeting and Negotiating .................................................. ..............................2
Section1.08
Non - Discrimination .................................................................................. ..............................3
ARTICLE2 SALARY ............................................................................................................... ..............................3
Section2.01
TUITION AND BOOK REIMBURSEMENT PROGRAM ............................ ..............................5
Base Sal ary ............................................................................................... ..............................3
Section
2.02
Regular Rate of Pay Defined .................................................................... ..............................4
Section
2.03
Salary Schedule Calculation Methodology .............................................. ..............................4
Section
2.04
Step Advancement — Accel erated ............................................................. ..............................4
Section
2.05
Notice Requirement to Withhold Step Increase ....................................... ..............................4
ARTICLE 3 EDUCATIONAL INCENTIVE PAY ................................................................. ..............................4
Section 3.01 Educational Incentive Pay ........................................................................ ..............................4
ARTICLE 4
TUITION AND BOOK REIMBURSEMENT PROGRAM ............................ ..............................5
Section
4.01
Policy and Eligibility ................................................................................ ..............................5
Section
4.02
Undergraduate Studies ............................................................................ ............................... 5
Section
4.03
Post - Graduate Studies .............................................................................. ..............................5
Section
4.04
Certification Requirement for Educational Compensation ....................... ..............................5
ARTICLE5 PROMOTIONS ................................................................................................... ..............................6
Section 5.01 Salary Differential upon Promotion ......................................................... ..............................6
ARTICLE 6 NO- SMOKING CLAUSE .................................................................................... ..............................6
Section6.01 Establishment ........................................................................................... ..............................6
ARTICLE 7 OVERTIME COMPENSATION ....................................................................... ..............................6
Section 7.01 Pay for Shift Schedul e .............................................................................. ..............................6
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM ............................................. ..............................7
Section8.01 Purpose ..................................................................................................... ..............................7
Section 8.02 Department Policy .................................................................................... ..............................7
Section 8.03 Program Components ............................................................................... ..............................7
X68
Section
8.04
Physical Fimess Incentive Program Pay ................................................... ..............................8
Section
8.05
Payment of Physical Fitness Incentive Program Pay — Death of Employee ...........................8
ARTICLE 9
COMPREHENSIVE
MEDICAL EXAMINATION ......................................... ..............................8
Section
9.01
Annual Comprehensive Medical Examination ........................................ ............................... 8
Section9.02
Section
Heart Scan ................................................................................................ ..............................8
ARTICLE10 EXECUTIVE LEAVE .......................................................................................... ..............................8
Section10.01 Entitlement .............................................................................................. ............................... 8
ARTICLE11 MARKSMANSHIP PAY ..................................................................................... ..............................9
Section11.01 Marksmanship Pay ................................................................................... ..............................9
Section 11.02 Payment of Marksmanship Pay— Death of Employee ............................. ..............................9
ARTICLE12 COMPENSATORY TIME .................................................................................. ..............................9
Section12.01 Maximum Accrual .................................................................................... ..............................9
Section 12.02 Payment of Compensatory Time — Death of Employee .......................... ............................... 9
ARTICLE13 HOLIDAY LEAVE .............................................................................................. ..............................9
Section 13.01 Holiday Leave — Captains ....................................................................... ..............................9
Section 13.02 Personal Leave/Floating Holiday — Captains ......................................... .............................10
Section 13.03 Holiday Pay — Lieutenants ..................................................................... .............................10
ARTICLE14 SICK LEAVE ...................................................................................................... .............................10
Section
14.01
Sick Leave — Leave with Pay Due to Illness — Accumulation of Same ... .............................10
Section
14.02
Sick Leave Accumulated for Physical Examination ................................ .............................10
Section
14.03
Sick Leave — Payment of Seventy-Five Percent (75 %) of Accrual ......... .............................10
Section
14.04
Sick Leave Accrued — Payment on Separation Prior to December I .... ............................... I 1
Section
14.05
Payment of Sick Leave Accrual — Disability Retirement ........................ .............................11
Section
14.06
Payment of Sick Leave Accrual — After 20 Years of City Service ........ ............................... l l
Section
14.07
Payment of Sick Leave Accrual — On Separation from The City of El Segundo .................11
Section
14.08
Payment of Sick Leave Accural — Death of Employee ........................... .............................11
Section
14.09
Sick Leave Accumulated for Care of Immediate Family ....................... ............................... l 1
ARTICLE15 VACATION LEAVE ........................................................................................... .............................12
Section15.01
Vacation Time Use .................................................................................. .............................12
Section
15.02
Vacation Accrual Schedule ................................................................... ............................... 12
Section
15.03
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ...........12
Section
15.04
Vacation Time Accrual — Payment in Lieu Of ........................................ .............................12
Section
15.05
Vacation Time Accrual — For Temporary Industrial Disability ............... .............................12
Section
15.06
Payment of Vacation Time — Death of Employee ................................... .............................12
ii �b9
ARTICLE16 BEREAVEMENT LEAVE ................................................................................. .............................12
Section 16.01 Bereavement Leave with Pay .................................................................. .............................12
ARTICLE17 JURY DUTY ........................................................................................................ .............................13
Section17.01 Provisions ................................................................................................ .............................13
ARTICLE18 EXCEPTIONAL LEAVE ................................................................................... .............................13
Section18.01 Provision ................................................................................................. .............................13
ARTICLE 19 PERSONAL EMERGENCY LEAVE ............................................................... .............................13
Section 19.01 Personal Emergencies — Use of Eligible Leaves ..................................... .............................13
ARTICLE20 HEALTH BENEFITS ......................................................................................... .............................14
Section20.01
22.01
Medical Contract ..................................................................................... .............................14
Section
20.02
City Medical Contribution ..................................................................... ...............................
14
Section
20.03
Optical, Dental, and Life Insurance ......................................................... .............................14
Section
20.04
Employee Assistance Program ( EAP) ..................................................... .............................14
Section
20.05
Medical Insurance Continuation — On Duty Death ................................. .............................14
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT ...................................................... .............................15
Section 21.01 Provision of Uniforms and Safety Equipment ......................................... .............................15
Section21.02 Uniform Allowance ................................................................................. .............................15
ARTICLE 22 RETIREMENT BENEFITS ............................................................................... .............................15
Section
22.01
PERS Retirement Formula ...................................................................... .............................15
Section
22.02
PERS Pickup Reported as "Compensation Earnable ...........................................................
15
Section
22.03
Monetary Value of Employer -Paid Member Contributions ( EPMC) ...... .............................15
Section
22.04
Optional Contract Provisions .................................................................. .............................15
Section
22.05
Retiree Health Insurance Contribution Program ..................................... .............................16
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT ...................... .............................16
Section23.01 Direct Deposit ......................................................................................... .............................16
Section 23.02 Flexible Spending Account ..................................................................... .............................16
ARTICLE 24 COMPUTER LOAN PROGRAM ..................................................................... .............................16
Section24.01 Initial Loan .............................................................................................. .............................16
ARTICLE 25 DEFERRED COMPENSATION ....................................................................... .............................16
Section 25.01 Deferred Compensation Plan ( 457) ......................................................... .............................16
Section 25.02 Deferred Compensation Plan ( 401a) ....................................................... .............................16
Section 25.03 Deferred Compensation "Catch Up" Provision ....................................... .............................16
111
rJ 1 V
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM .......................................................... .............................17
Section26.01 Purpose .................................................................................................... .............................17
Section26.02 Definition ................................................................................................ .............................17
Section26.03 Procedures ............................................................................................... .............................17
ARTICLE27 LAYOFF PROCEDURES .................................................................................. .............................17
POLICIES ............................................................................................................ .............................23
Section27.01
Section
Grounds for Layoff .................................................................................. .............................17
Occupational Injury and Illness Policy .................................................... .............................23
Section27.02
Section
Notice to Employees ............................................................................... .............................17
Disability Retirement Policy ................................................................... .............................23
Section27.03
28.03
At -Will Employees .................................................................................. .............................18
Fitness for Duty Policy ............................................................................ .............................23
Section
27.04
Procedures for Layoff .............................................................................. .............................18
Substance Abuse Policy and Drug -Free Workplace Statement ............... .............................23
Section27.05
28.05
Breaking Ties .......................................................................................... .............................18
Section
27.06
Reduction to a Vacant Position ............................................................... .............................18
Section27.07
Displacement Rights ................................................................................ .............................18
Section27.08
Salary Pl acement ..................................................................................... .............................19
Section27.09
Reemployment List ................................................................................. .............................19
Section27.10
Letter of Layoff ....................................................................................... .............................19
Section
27.11
Rights on Reemployment ........................................................................ .............................19
Section27.12
Appeal ..................................................................................................... .............................19
ARTICLE 28 GRIEVANCE PROCEDURE ............................................................................. .............................19
POLICIES ............................................................................................................ .............................23
Section28.01
Section
Definition of Terms ................................................................................. .............................19
Occupational Injury and Illness Policy .................................................... .............................23
Section28.02
Section
Time Limits ............................................................................................. .............................20
Disability Retirement Policy ................................................................... .............................23
Section
28.03
Procedure for Filing a Grievance ............................................................ .............................20
Fitness for Duty Policy ............................................................................ .............................23
Section
28.04
Grievance Procedure ............................................................................... .............................20
Substance Abuse Policy and Drug -Free Workplace Statement ............... .............................23
Section
28.05
Matters Excluded From the Grievance Procedure ................................... .............................21
Section28.06
Conferences ............................................................................................. .............................21
ARTICLE29 POBR LIMITED APPEALS .............................................................................. .............................21
Section29.01 Provisions ................................................................................................ .............................21
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION ......................... .............................23
Section30.01 Acting Pay ............................................................................................... .............................23
ARTICLE31
POLICIES ............................................................................................................ .............................23
Section
31.01
Occupational Injury and Illness Policy .................................................... .............................23
Section
31.02
Disability Retirement Policy ................................................................... .............................23
Section
31.03
Fitness for Duty Policy ............................................................................ .............................23
Section
31.04
Substance Abuse Policy and Drug -Free Workplace Statement ............... .............................23
iv 071
ARTICLE32 TERM OF AGREEMENT ................................................................................. .............................24
Section32.01 Term ........................................................................................................ .............................24
072
MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO CALIFORNIA
ARTICLE I GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association ") is the
exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees "): Police Lieutenant
and Police Captain. During the life of this agreement, such exclusive recognition may only be
modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected employees,
authorized representatives of the City Council of City and the Association have met and conferred
in good faith, exchanging various proposals concerning wages, hours and the terms and conditions
of employment of affected employees within the lawful scope of representation of Association
pursuant to California Government Code Sections 3500 et. seq. and City Resolution Number
3208.
C. The authorized representatives of the City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terms and conditions of employment of the
affected employees, this memorandum of which shall be submitted to the City Council of City for
its consideration and if adopted, for implementation of its terms and conditions by appropriate
ordinance, resolution or other lawful action. This MOU is a comprehensive statement of agreed -
upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be effective
upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and vested
in it by the laws and the Constitution of the State of California and/or United States of America.
B. The management and the direction of the work force of the City is vested exclusively in the City,
and nothing in this MOU is intended to circumscribe or modify the existing right of the City to
direct the work of its employees; hire, promote, demote, transfer, assign, and retain employees in
positions within the City, subject to the rules and regulations of the City; suspend or discharge
employees for proper cause; maintain the efficiency of governmental operations; relieve
employees from duties because of lack of work; take action as may be necessary to carry out the
City's mission and services in emergencies; and to determine the methods, means, and personnel
by which the operations are to be carried out.
073
Section 1.03 Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared invalid
by any final court action or decree, or by reason of any preemptive legislation, the remaining sections
of this MOU shall remain in full force and effect for the duration of said MOU.
Section 1.04 No- Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this MOU their
members employed by the City of El Segundo will not strike or engage in any work stoppage or
slowdown, engage in any concerted failure to report for duty, or fail to perform their duties in
whole or in part for the purpose of inducing, influencing, or coercing a change in the conditions,
or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision may be subject to discipline
up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this MOU or in City policy from any affected
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all affected employees who subscribe to Association
membership;
B. Provide official payroll deductions for City- approved Association insurance and welfare plans,
not to exceed five programs.
Section 1.06 Compaction — Statement of Intent
The City strives to compensate affected employees at a reasonable level above the classification they
supervise. Additionally, the City strives to compensate captains at a reasonable level above lieutenants.
Typically a difference of five percent (5 %) is targeted, with the specific percentage determined by
internal and external comparability data, City finances, and other labor relations factors and
consideration.
Section 1.07 Completion of Meeting and Negotiating
A. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither party
shall be compelled to meet and confer with the other party concerning any mandatory meet and
confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this MOU,
including those wages, hours, benefits and other terms and conditions of employment in existence
and spelled out by the City's Personnel Rules, Administrative Code and other Ordinances and
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Resolutions approved by the City Council prior to this MOU, although not specifically referred to
by this MOU, shall constitute the wages, hours, benefits and other terms and conditions of
employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
Section 1.08 Non - Discrimination
A. The Association and the City recognize and agree to protect the rights of all affected employees to
join and/or participate in protected Association activities or to refrain from joining or
participating in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any employee
because of race, color, sex, age, national origin, political or religious opinions or affiliations and
shall act affirmatively to accomplish equal employment opportunities for all employees. The
Association and the City shall reopen any provision of this MOU for the purpose of complying
with any final order of a Federal or State agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance with State or
Federal anti- discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Base Salary
A. Police Captains and Lieutenants
1. Base salary tables for Police Captains and Police Lieutenants, reflecting a base salary
increase, effective the first payroll period commencing on or after July 1, 2008, are depicted
on Schedule 1 of the MOU. Those increases are:
2. Effective the first payroll period commencing on or after July 1, 2008, the base salary
schedule for Police Captains shall be increased by 4 %.
3. Effective the first payroll period commencing on or after July 1, 2008, the base salary
schedule for Police Lieutenants shall be increased by 4 %.
4. Effective the first payroll commencing on or after October 1, 2008, the base salary schedule
for Police Captain shall be increased by 9 %.
6. Effective the first payroll commencing on or after October 1, 2008, the base salary schedule
for Police Lieutenants shall be increased by 4 %.
7. Effective the first payroll commencing on or after October 1, 2009, the base salary schedule
for Police Captain shall be increased by 5 %.
8. Effective the first payroll commencing on or after October 1, 2009, the base salary schedule
for Police Lieutenants shall be increased by 5 %.
9. Effective the first payroll commencing on or after October 1, 2010, the base salary schedule
for Police Captains shall be increased by 5 %.
It. Effective the first payroll commencing on or after October 1, 2010, the base salary schedule
for Police Lieutenants shall be increased by 5 %.
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Section 2.02 Regular Rate of Pay Defined
A. The "regular rate of pay" is the hourly rate which includes all remunerations paid to or on behalf
of the employee (including Educational Incentive Pay and the City paid nine - percent (9 %)
CaIPERS Employer Paid Member Contribution) except gifts, travel expenses, other reimbursable
expenses, payments not mandated by the MOU or other rules /regulations, retirement and
insurance contributions by the City, overtime and holiday pay. Use of the term "regular rate of
pay" is not intended by any party to create overtime eligibility unless specifically provided for in
this MOU.
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
3. Vacation Sell Back.
4. Sick Time Pay Out.
5. Earned Compensatory Time Sell Back.
6. Physical Fitness Incentive Program Pay.
7. Marksmanship Pay.
Section 2.03 Salary Schedule Calculation Methodology
An affected employees' regular rate of pay is calculated in dollars and cents rounded off to two (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
Section 2.04 Step Advancement — Accelerated
The Police Chief may recommend to the Director of Human Resources for approval by the City
Manager that an affected employee receive an accelerated advancement of part or all of the next salary
step increase in the Basic Salary Range (A — E Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.05 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than the
end of the pay period which begins after the affected employee's anniversary date.
ARTICLE 3 EDUCATIONAL INCENTIVE PAY
Section 3.01 Educational Incentive Pay
A. Effective July 1, 2008, affected employees holding a Master's Degree shall be eligible for
educational incentive compensation to be paid per pay period as follows:
1. Police Lieutenants: $398.97
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2. Police Captains: $451.40
B. The parties are of the opinion that Educational Incentive Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all affected
employees.
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree)
A. The City shall reimburse each affected employee pursuing undergraduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while a
student at any accredited college or university having its campus in the State of California.
However, the tuition reimbursement described herein, shall not exceed the per -unit tuition cost
required by the University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his/her designee.
Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University.
B. The City shall reimburse each affected employee pursuing post - graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies.
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be required to
sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at least
a grade of "C" of better, or a grade of "pass," if the course was offered on a pass /fail basis. (Attach a
copy of grade verification). "Further, I agree to refund the City or have deducted from my final
paycheck, any educational reimbursement funds received under this program if I should leave the
City's employ, voluntarily or through termination, with cause, within one year after completion of the
course work for which I am to receive reimbursement, in accordance with the following schedule."
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Employee Separation Percentage Payback
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
11 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
In all cases where an affected employee is promoted to a classification regulated by this MOU for
which a higher rate of compensation is provided, then such employee so promoted shall enter into such
higher classification at the lowest rate of compensation provided for such higher classification which
exceeds by not less than five percent the base rate of compensation, excluding special assignment pay,
received by said employee in such given classification at the time of such promotion, unless otherwise
ordered by the City Council. All supervisors shall be paid a higher base salary than any of their
regularly assigned subordinates (exclusive of longevity pay, educational incentive pay, special
assignment, or any other form of compensation). In the event that a supervisor is paid a base salary
equal to or lower than one of their regularly assigned subordinate's base salary, the supervisor shall be
granted a higher base salary (exclusive of longevity pay, educational incentive pay, special assignment
or any other form of compensation) even if the supervisor's new base salary is not the same as an
existing pay step in the Salary Schedule. Notwithstanding the above, the supervisor's salary shall not
exceed the salary range for which he /she is eligible by length of service and performance.
ARTICLE 6 NO- SMOKING CLAUSE
Section 6.01 Establishment
Affected employees initially hired on or after July 1, 1988, shall, as a condition of initial and continued
employment, refrain from smoking and/or using tobacco products at any time on or off duty.
ARTICLE 7 OVERTIME COMPENSATION
Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one -half of their regular rate of pay for time worked on a
shift basis in excess of their regular work shift, in any one day or more than forty hours per week,
excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or
training.
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to improve
the level of physical fitness and health among sworn police personnel so that their field performance
will be enhanced and also to improve their overall degree of wellness as an enrichment to their
personal lives as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with employees individually and assist those that
need to improve their lifestyle habits in order that fitness levels can be improved.
Section 8.03 Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a fitness
examination and a fitness assessment.
A. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness Incentive
Program. The examination will be comprehensive and will include the cardio-vascular system, the
pulmonary function, a complete blood work -up, body composition analysis, the lower digestive
tract, and a strength assessment. It will also include a complete medical history review with a
physician and a subsequent review of the findings as well as an exercise /nutritional prescription.
B. Fitness Assessment:
1. The fitness assessment is a voluntary component of the Physical Fitness Incentive Program
and will be administered by a department fitness coordinator and fitness committee.
2. The fitness assessment will be a test to measure components of physical fitness which are:
a. Cardio - vascular
b. Strength
c. Body composition
d. Flexibility
3. The fitness assessment will be administered quarterly and will apply standards developed and
used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales based on age
and sex.
4. A profile will be developed following the fitness assessment which will categorize
participants into levels of fitness.
Section 8.04 Physical Fitness Incentive Program Pay
A. Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level Pay per Quarter
(3 Calendar Months)
Excellent 16 hours of pay
Good 8 hours of pay
Fair 4 hours of pay
B. The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
compensation eamable pursuant to Section 20636 of the California Government Code and Section
571(a)(1) of the California Code of Regulations. However, the City makes no representation of
law as the validity of that opinion and does not warrant its validity.
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness Incentive
Program Pay shall be compensated in an amount equal to one - hundred percent (100 %) of the value of
such physical fitness incentive program pay based upon the affected employee's regular rate of pay at
the time of death and shall be distributed to the affected employee's beneficiary.
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION
Section 9.01 Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each year. The
City currently utilizes the Westchester Medical Group /Center for Heart and Health for the
examinations. The results of the examination include extensive written documentation and feedback,
fitness consultation, recommended further testing and/or adjustments to current lifestyle practices and
ongoing monitoring.
Section 9.02 Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be conducted
once every two (2) years at City expense. Eligibility for the heart scan shall be determined by the
examining physician at the Westchester Medical Group /Center for Heart and Health during the
employee's annual medical examination. The physician shall determine whether or not undertaking a
heart scan is reasonable and appropriate.
ARTICLE 10 EXECUTIVE LEAVE
Section 10.01 Entitlement
A. Affected employees shall be granted fifty -six (56) hours executive leave per calendar year.
B. Twenty-eight (28) hours of executive leave hours maybe carried over and accumulated from year
to year; not to exceed a cap of eighty-four (84) hours.
C. Such hours are not eligible for pay out upon retirement or separation of employment.
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ARTICLE l I MARKSMANSHIP PAY
Section 11.01
Section 11.02
Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class
Distinguished Expert
Expert
Sharpshooter
Marksman
Pay for Proficiency
per Quarter Q Calendar Months)
8 hours of pay
6 hours of pay
4 hours of pay
0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable pursuant
to Section 20636 of the California Government Code and Section 571(a)(1) of the California
Code of Regulations. However, the City makes no representation of law as the validity of that
opinion and does not warrant its validity.
Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship Pay shall
be compensated in an amount equal to one - hundred percent (100 %) of the value of such marksmanship
pay based upon the affected employee's regular rate of pay at the time of death and shall be distributed
to the affected employee's beneficiary.
ARTICLE 12 COMPENSATORY TIME
Section 12.01 Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum accrual of
eighty (80) hours.
Section 12.02 Payment of Compensatory Time — Death of Employee
in the event of an affected employee's death, earned, but not yet used Compensatory Time shall be
compensated in an amount equal to one - hundred percent (100 %) of the value of such compensatory
time based upon the affected employee's regular rate of pay at the time of death and shall be
distributed to the affected employee's beneficiary.
ARTICLE 13 HOLIDAY LEAVE
Section 13.01 Holiday Leave — Captains
Police Captains shall be entitled to the following holidays:
January i"
The third Monday of January
The third Monday in February
The last Monday in May
July 4"i
The first Monday in September
November 11'''
Thanksgiving day and Friday thereafter
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December 24`x'
December 25`h
December 31"
provided, however, (a) that in the event any of the hereinbefore mentioned holidays falls on the last
day a Captain is off on his or her regular days off period, the following day shall be observed as a
holiday for the purpose of this section; provided, further, however, (b) that in the event any of the
hereinbefore mentioned holidays falls on the first day of a Captain's regular days off period, the
previous day shall be considered as a holiday for the purpose of this section.
Section 13.02 Personal Leave/Floating Holiday — Captains
In addition to the holidays enumerated in Section 12.0 1, each Police Captain who has completed six
(6) months of service shall be entitled to select one (1) day per calendar year as a Personal
Leave/Floating Holiday with the approval of the Police Chief, The City may, at its discretion, grant
additional hours of leave which may be utilized in the calendar year in which it is granted.
Section 13.03 Holiday Pay — Lieutenants
A. Police Lieutenants shall be paid for one hundred -four (104) hours in lieu of holidays once a year
on or about December 10.
B. In the event of the death of an affected employee serving as a Lieutenant or upon separation from
service, affected employees serving as a Lieutenant shall be paid holiday pay on a pro -rata basis.
Additionally, affected employees serving as Lieutenants less than one (1) year shall be paid
holiday pay on a pro -rata basis.
C. Upon the request of an affected employee serving as Lieutenant and with department head
approval, time off may be taken in lieu of holiday pay.
ARTICLE 14 SICK LEAVE
Section 14.01 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted for an absence from duty because of personal illness, injury or
legal quarantine not compensable under the provisions of the Workers' Compensation Laws of the
State of California. Affected employees shall accumulate sick leave at the rate of one (1) eight (8) hour
day accumulation for each month's service not to exceed a maximum of 1056 hours. Hours worked in
addition to a regular work week shall not entitle an employee to additional sick leave accumulation.
Sick leave taken by an employee shall be deducted from his or her accumulated credit.
Section 14.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for purposes of
physical examinations, subject to submission of a doctor's verification.
Section 14.03 Sick Leave — Payment of Seventy-Five Percent (75 %) of Accrual
Effective the first day of December of each year, affected employees who maintain a balance of 1056
hours of sick leave accrual shall be paid for seventy-five percent (75 %) of the sick leave accumulated
and not used during the preceding twelve -month period. Payment shall be paid at the affected
employee's regular rate of pay and be paid on or before December 10.
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Section 14.04 Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while maintaining a
balance of more than 1056 hours of sick leave shall be paid for seventy-five percent (75 %) of their
unused accrued sick leave accumulated since the preceding December 1. Payment shall be paid at the
affected employee's regular rate of pay.
Section 14.05 Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five (5) years
of City service will be compensated for one - hundred percent (100 %) of the affected employee's
accumulated unused sick leave at the affected employee's regular rate of pay at separation.
Section 14.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will be
compensated for one - hundred percent (100 %) of the employee's accumulated, unused sick leave at
the affected employee's regular rate of pay at separation.
Section 14.07 Payment of Sick Leave Accrual — On Separation from The City of El Segundo
An affected employees who has been employed by the City for five (5) or more years who separates
from the City with unused sick leave to their credit, will be compensated in an amount equal to one -
half (1/2) the value of such sick leave based upon the affected employee's regular rate of pay at the
time of separation.
Section 14.08 Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or more in a
full -time position, dies with unused sick leave to his or her credit, an amount equal to one - hundred
percent (100 %) of the value of such sick leave based upon the affected employee's regular rate of pay
at the time of death and shall be distributed to the affected employee's beneficiary.
Section 14.09 Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to be use for
purposes of medical emergencies, doctor visits and homecare of members of the immediate family.
Usage would also be permitted under the following instances:
1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care of a
child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For the purpose of this section, "immediate family" shall mean the children, parents, grandparents, and
siblings of the affected employee, the affected employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of sick
leave usage remain in full force and effect.
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ARTICLE 15 VACATION LEAVE
Section 15.01 Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken only
after an affected employee has completed six (6) months of continuous service with the City.
Section 15.02 Vacation Accrual Schedule
Affected employees shall accrue vacation time according to the following schedule:
A Ninety-six (96) hours per year with full salary for first five (5) years of continuous service with
the City.
B One hundred -twenty (120) hours per year with full salary after five (5) years and until the
completion of ten (10) years of continuous service.
C. One hundred forty-four (144) hours per year with full salary after eleven (11) years and until the
completion of fourteen (14) years of continuous service.
D. Two hundred (200) hours per year with full salary after fourteen (14) years of continuous service.
Section 15.03 Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or achieved
E step placement in their assigned salary range shall accumulate vacation time based on their total
years of service in a PERS or comparable agency.
Section 15.04 Vacation Time Accrual — Payment in Lieu Of
Affected employees who have completed one (1) year of service may receive payment in lieu of
accrued vacation time up to a maximum of one hundred percent (100 %) the annual accrual to which
they are entitled by length of service.
Section 15.05 Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2) years.
Section 15.06 Payment of Vacation Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Vacation Time shall be
compensated in an amount equal to one - hundred percent (100 %) of the value of such vacation time
based upon the affected employee's regular rate of pay at the time of death and shall be distributed to
the affected employee's beneficiary.
ARTICLE 16 BEREAVEMENT LEAVE
Section 16.01 Bereavement Leave with Pay
A. Affected employees shall be entitled to twenty-four (24) hours of bereavement leave upon the
death of an immediate family member with pay per incident which shall increase to forty (40)
hours per incident in those circumstances where one -way travel to a funeral or other memorial
service is five hundred (500) or more miles measured from El Segundo City Hall.
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B. For the purpose of this section, immediate family shall include the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
ARTICLE 17 JURY DUTY
Section 17.01 Provisions
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of the
following conditions:
1. The employee must provide written notice of the expected Jury Duty to his or her supervisor as
soon as possible, but in no case later than fourteen (14) days before the beginning of Jury Duty
(defined as the date on which the employee is directed by jury summons to either commence
telephone contact with the jury administrator and/or appear in court.)
2. During the first two (2) weeks of Jury Duty, an employee shall be entitled to receive his or her
regular compensation.
For any portion of Jury Duty that extends beyond the first two (2) weeks, such extended Jury Duty
period shall be without pay unless, the employee presents written evidence that the court
estimated during voire dire that the trial would be of two (2) or less weeks duration, or in the
alternative the employee presents written evidence that he /she advised the court that City
compensation was limited to two (2) weeks, that the employee asked to be excused because of this
hardship, and the request was denied.
4. Any compensation for the first two (2) weeks of Jury Duty, except travel reimbursement pay, must
be deposited with the Director of Human Resources.
5. While on Jury Duty, the employee must report to work during any portion of a day that the
employee is relieved of Jury Duty for three (3) or more consecutive hours.
6. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 18 EXCEPTIONAL LEAVE
Section 18.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to four (4 ) days
per calendar year in recognition for extraordinary service of members of the Association, especially
where sizable amounts of time are expended outside of normal business hours and beyond the normal
requirements of the job. Awarded days may be used for time off or if unused, may be cashed in at the
end of the calendar year.
ARTICLE 19 PERSONAL EMERGENCY LEAVE
Section 19.01 Personal Emergencies — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an immediate family
member of the affected employee or the employee's spouse and for cases of extreme and unusual
hardship or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day /floating holiday, for which
prior notification is required; however, in certain instances, notification requirements may be waived.
For the purpose of this section, immediate family shall include the children, parents, grandparents, and
siblings of the affected employee, the affected employee's spouse or significant other.
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ARTICLE 20 HEALTH BENEFITS
Section 20.01 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 20.02 City Medical Contribution
The cumulative monthly City funding of any PERS medical insurance plans for active employees
and/or retirees, shall not exceed $1,800.00 per month.
Section 20.03 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City. .
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through the
insurance committee and consider all suggestions and presentations on the insurance plan to be
purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized by
the carrier.
Section 20.04 Employee Assistance Program (EAP)
The City will make available to affected employees an Employee Assistance Program which provides
confidential assistance, referrals and counseling to affected employees and members of the affected
employee's immediately family. The program is designed to provide professional assistance and
support to help affected employees and their families resolve problems and issues that affect their
personal lives or job performance.
Section 20.05 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an affected employee has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall continue
to make group medical premium payments on behalf of the surviving spouse until age 65,
Medicare eligibility, whichever comes first, and to the children of the deceased affected employee
until age 18. Said medical premium payments on behalf of the children of a deceased affected
employee shall continue if at age 18, the child commences uninterrupted college enrollment, but
not to exceed the age of 23.
B. The City-paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased affected employee was receiving
at the time of his/her death. For example, if at the time of death, the affected employee was
14 0 8U
enrolled in a specific HMO Plan, then future premium payments made pursuant to this article shall
be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in ARTICLE 20.02.
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT
Section 21.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to affected employees. For purposes of
this article, safety equipment shall include a weapon selected by the Police Chief.
Section 21.02 Uniform Allowance
A. Patrol lieutenants shall receive $53 per month of active duty. Non -patrol lieutenants and captains
shall receive $40 per month of active duty.
B. The parties are of the opinion that Uniform Allowance qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity.
ARTICLE 22 RETIREMENT BENEFITS
Section 22.01 PERS Retirement Formula
The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
Section 22.02 PERS Pickup Reported as "Compensation Earnable"
A. The City shall pay on behalf of each affected employee his or her required nine percent (9 %)
"employee contribution" to Ca1PERS.
B. The City shall report a set dollar amount equal to the nine percent (9 %) "employee contribution"
to the California Public Employees' Retirement System as compensation earnable.
Section 22.03 Monetary Value of Employer -Paid Member Contributions (EPMC)
A. As adopted by City of El Segundo Resolution 4499, effective December 19, 2006, the City shall
pay the full monetary value of the employer -paid member contributions (EPMC) paid to Ca1PERS
and report such contribution as an item of special compensation on behalf of all members of the
Association.
B. The value of EPMC shall be calculated on all "compensation earnable" excluding the special
compensation of the monetary value of the EPMC paid to Ca1PERS by the employer under
California Government Section 20636(c)(4).
Section 22.04 Optional Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits.
B. The City shall provide the Single Highest Year formula.
C. The City shall provide the Military Service credit as public service option.
15
D. As soon as reasonably practical the City shall provide the Prc- Retirement Option 2W Death
Benefit.
Section 22.05 Retiree Health Insurance Contribution Program
Pursuant to the limitations and guidelines set forth in this MOU, the City will contribute to a retiree
health insurance contribution program for service and disability retirees who participate in the Public
Employees' Medical and Hospital Care Program.
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 23.01 Direct Deposit
It is agreed between the City and the Association that it is in the mutual interest of the City and its
employees that all affected employees utilize the currently available direct deposit system. Affected
employees who do not desire to utilize direct deposit shall make their wishes known in writing to the
Director of Human Resources, together with a statement of their reasons therefore. Exceptions to this
direct deposit policy shall not be unreasonably denied.
Section 23.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code. Each employee of the Association is eligible to participate in this voluntary
program. The flexible spending account allows for payment of employee paid insurance premiums, non -
reimbursed medical expenses and /or dependent care expenses with pre -tax dollars.
ARTICLE 24 COMPUTER LOAN PROGRAM
Section 24.01 initial Loan
Affected employees may apply for up to a $4,000 interest free loan to purchase personal computer
hardware and software. Loans are repaid through payroll deductions over a three (3) year period.
Outstanding loan balances must he fully paid off at the time an employee separates from the City.
ARTICLE 25 DEFERRED COMPENSATION
Section 25.01 Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees. Each affected
employee is eligible to participate in the plan.
Section 25.02 Deferred Compensation Plan (401a)
The City will pay an amount equal to the affected employee's contribution to deferred compensation up
to a maximum of one percent ( I (l) of the affected employee's total pay, for all Association employees
participating in City approved deferred compensation plans.
Section 25.03 Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age of forty -
seven (47) or older can cash out one -third (1 /3) of all accrued leave at their regular rate of pay, up to the
deferred compensation maximum "catch up" permitted by law, during the affected employee's last three
years of employment. In no event, can an employee cash -out a cumulative total greater than that
permitted herein, and in no event shall the post - distribution leave balance he less than 120 hours.
16
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM
Section 26.01 Purpose
To establish a program whereby City employees may donate accumulated time to a catastrophic sick
leave bank to be used by permanent, part-time and full -time employees who are incapacitated due to a
catastrophic illness or injury.
Section 26.02 Definition
A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious
that, if not treated, it would likely result in a long period of incapacity.
Section 26.03 Procedures
A. There is established a joint - employer /employee committee composed of an individual from each
recognized employee organization and a representative of City Administration charged with
administering the Catastrophic Leave Bank.
B. Affected employees may transfer sick leave, vacation or compensatory leave to the Catastrophic
Leave Bank to be donated to an employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms
provided by the City of El Segundo. The employee to receive the donation will sign the "Request
to Receive Donation' form allowing publication and distribution of information regarding his/her
situation.
C. Sick Leave, vacation and compensatory time leave donations will be made in increments of not
less than one (1) day. These will be hour for hour donations.
D. Affected employees must, at the time of donation, have a minimum of one hundred and twenty
(120) hours of accumulated illness /injury leave remaining after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use all of the donated time
for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave Bank to be
administered by the committee and utilized for the next catastrophic leave situation.
ARTICLE 27 LAYOFF PROCEDURES
Section 27.01 Grounds for Layoff
Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his or her designee. The City
Manager shall recommend to the City Council each classification to be affected by any such change.
Section 27.02 Notice to Employees
An employee filling a full time position shall be given fourteen (14) calendar days prior notice of
layoff. Employees transferred, reduced or displaced shall be given five (5) calendar days notice. The
City Council may approve a reduction in the notice requirements, if so recommended by the City
Manager.
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Section 27.03 At -Will Employees
The City Manager retains the right to layoff or alter the work assignment of the following employees at
any time without notice or right of appeal: emergency employees, temporary or seasonal employees,
part-time employees, original probationary employees, promotional probationary employees and
employees designated at -will. The promotional probationary employee shall revert to his/her
previously held classification and position without loss of seniority.
Section 27.04 Procedures for Layoff
A permanent employee in a classification affected by a reduction in force shall be laid off based on
seniority in City service that is the employee with the least City service shall be laid off first, followed
by the employee with the second least City service, etc. Seniority shall be determined by hire date. City
seniority shall be used to effectuate the procedures set forth in this Article. Seniority for part -time
employees shall be calculated as one -half (' /Z) time from the date of hire with the City.
Section 27.05 Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e. equal seniority), retention
points for job performance shall be credited on the basis of the average of the overall evaluation
ratings for the last three (3) years, provided the last rating had been filed more than thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard - 24 points
Meets Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid
off first. In the event that one or more of the affected employees do not have overall evaluation ratings
for the last three (3) years on file, ties shall be broken by a coin toss.
Section 27.06 Reduction to a Vacant Position
An employee designated for layoff as a result of abolition of a position or classification may be offered
appointment to a vacant position in a lower classification, if the employee is qualified by education
and/or experience for such position. If there is more than one qualified employee to be offered such
appointment(s), the offer(s) shall be based on seniority, with the employee with the highest seniority
offered the position first, then the next highest seniority, etc. If the employees have the same seniority,
then the procedure for breaking ties set forth above shall apply. An employee accepting such
appointment shall be placed on the step for the lower classification most closely corresponding, but in
no case higher, than the salary step of his/her previously held position, and the employee will be
assigned a new salary anniversary date on the effective date of the appointment.
Section 27.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ( "bump ") an employee in a lower classification in which the employee has prior service,
provided the laid off employee has greater seniority than the employee in the lower classification.
B. An employee designated for layoff with greater seniority may displace ( "bump ") a less senior
employee in a lower classification, for which he /she is immediately qualified to perform.
18 ���
Section 27.08 Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump) shall be
placed on the step of the salary range of the new classification, which is closest to the compensation of
the employee in the previous classification, but in no case higher, and the employee will be assigned a
new salary anniversary date on the effective date of the appointment. The employee shall, however,
retain seniority while his/her name remains on reemployment list or lists.
Section 27.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment
therefrom for a period of three (3) years from the date their names were placed on the list. As a
vacancy within a classification or lower related classification becomes available, the name appearing at
the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual
selected from the list to fill the vacancy who refuses the reemployment offer shall be permanently
removed from the reemployment list without right of appeal. Laid -off employees do not earn seniority
credit or benefits while on the reemployment list.
Section 27.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth that
the employee was laid off and is eligible for reemployment. Those employees who were displaced to
lower positions will be granted, upon the employee's request, a letter from the City stating the
employee was reduced in status as a result of a layoff and is eligible for reemployment to the higher
level position.
Section 27.11 Rights on Reemployment
If a person is reemployed by the City within three (3) years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
also be reinstated to the extent that the employee did not receive compensation for such earnings at the
time of layoff. Upon reemployment, employees will be placed on the same salary step held at the time
of layoff.
Section 27.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , shall be treated as if
he /she had been terminated for disciplinary purposes and shall be permitted to appeal the decision per
the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or displacement
rights, may file an appeal to the Director of Human Resources,
ARTICLE 28 GRIEVANCE PROCEDURE
Section 28.01 Definition of Terms
A. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication of a
specific written department or agency rule or regulation or a specific provision of a MOU. A
grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication of
a specific written department or agency rule and/or policy or a specific provision of a MOU.
B. Grievant — A grievant is an employee or group of employees allegedly adversely affected by an
act of omission of the agency.
19 0 9IL
C. Day — A day is a business day (Monday — Friday).
D. Immediate SgRervisor — The first level supervisor of the grievant.
Section 28.02 Time Limits
A. Compliance and Flexibility — With the written consent of both parties, the time limitation for any
step may be extended or shortened.
B. Calculation of Time Limits —Time limits for the appeal provided in each level shall begin the day
following receipt or a written decision of appeal by the employee or employees.
C. Failure to Meet Timeliness — Failure at any level of this procedure to communicate the decision
on a grievance by the City within the specified time limits shall permit lodging an appeal at the
next level of the procedure within the time allotted had the decision been given. If the grievance is
not processed by the grievant or grievants in accordance with the time limits, the decision last
made by the City shall be deemed final.
Section 28.03 Procedure for Filing a Grievance
A. In filing a formal written grievance, the employee shall set forth the following information.
1. The specific section of the departmental or agency rules or regulations allegedly violated,
misinterpreted or misapplied.
2. The specific act or omission which gave rise to the alleged violation, misinterpretation or
misapplication.
3. The date or dates on which the violation, misinterpretation or misapplication occurred.
4. What documents, witnesses or other evidence supports the grievants' position.
5. The remedy requested.
Section 28.04 Grievance Procedure
Grievances will be processed following the procedures set forth below.
A. Level I — Within ten (10) days of the date the employee reasonable knew or should have known of
the incident giving rise to the grievance, the employee should make an effort to resolve the
grievance with the employee's immediate supervisor. The supervisor shall hold discussions and
attempt to resolve the grievance within five (5) days from the time the employee meets with the
supervisor to discuss the employees' grievance.
B. Level II — In the event such efforts do not produce a mutually satisfactory resolution, the grievant
shall have ten (10) days to file a formal written grievance with the employee's immediate
supervisor after the fifteen (15) day time period provided in Level I. The immediate supervisor
shall, within five (5) days, provide a written response to the grievant.
C. Level III — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days of the
written response from the immediate supervisor. The department head shall respond in writing
within ten (10) days.
D. Level IV — If the grievance is not resolved by the department head, the grievant may present the
20
Ohl
grievance in writing to the City Manager within five (5) days of the Department Head's written
response. The City Manager or his/her designee will conduct an informal hearing and render a
decision. Each party shall have the right to present witnesses and evidence at the hearing. The
conclusions and findings of this hearing shall be final.
Section 28.05 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. The grievance procedure cannot be used to challenge the merits of a reclassification, lay -off,
transfer, denial of reinstatement, or denial of a step or merit increase.
D. The grievance procedure cannot be used in cases of reduction in pay, demotion, suspensions or a
termination which are subject to the formal appeal process outlined in Ordinance 586.
Section 28.06 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference at
any level of the grievance procedure.
ARTICLE 29 POBR LIMITED APPEALS
Section 29.01 Provisions
The following administrative appeal process is established pursuant to Government Code § 3304.5. It
shall supplement, though not replace, the disciplinary appeal process established pursuant to the City
of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing process
(Municipal Code § 1- 6 -16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to receive
an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service Commission
hearing process (set forth in Municipal Code § 1- 6 -16). It shall only apply to punitive actions, as that
term is defined by Government Code § 3303, for which officers do not already receive an appeal
hearing before the Los Angeles County Civil Service Commission.
A. Right to Administrative Appeal
Any public safety officer (as defined by Government Code § 3301) who is subjected to
punitive action (as defined by Government Code § 3303) consisting of written reprimand, a
transfer for purposes of punishment, a reduction in salary caused by a reassignment resulting
in a loss of incentive, specialty, assignment, bonus, or similar pay, or a suspension for five (5)
or less days, is entitled to an administrative appeal only pursuant to this procedure. An officer
shall not be entitled to appeal an action prior to its imposition.
2. An officer who appeals a punitive action under this procedure shall bear his/her own costs
associated with the appeal hearing, including but not limited to any and all attorney fees. The
cost of a hearing officer shall be equally borne by the Association and the City.
21 093
B. Appeal of Written Reprimands
1. Within five (5) calendar days of receipt by an officer of notification of punitive action
consisting of a written reprimand, the officer shall notify the Chief of Police in writing of the
officer's intent to appeal the written reprimand.
The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
C. Hearing Officer (Appeal of Written Reprimands Only)
1. The City Manager shall hear appeals of written reprimands, and may adopt, modify or reject
the written reprimand. The City Manager's decision shall be final and binding.
2. The City Manager level administrative appeal shall not be a trial -type evidentiary hearing.
The limited purpose of the hearing shall be to provide the officer with an opportunity to
establish a record of the circumstances surrounding the action and to seek modification or
rejection of the written reprimand. There shall be no subpoenas issued (for people or
documents.)
D. Appeal of Other Punitive Action
Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for
purposes of punishment, or a reduction in salary caused by a reassignment shall be subject to
appeal by means of the officer filing an appeal with the Chief of Police within five (5)
calendar days of receipt by the officer of notice of punitive action being implemented on a
date certain. The officer shall notify the Chief of Police in writing of the officer's intent to
appeal said action.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. The appeal shall be presided over by a hearing officer selected from a list of nine (9)
provided by the State Mediation and Conciliation Service. The hearing officer shall be
selected by alternate striking of names by the respective parties.
E. Conduct of Hearing (5 Days or Less Suspensions, Transfers for Purposes of Punishment,
Reduction in Salary Caused by a Reassignment.)
1. The formal rules of evidence do not apply, although the hearing officer shall have discretion
to exclude evidence that is incompetent, irrelevant or cumulative, or the presentation of
which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and direct testimony.
4. The parties shall not be entitled to confront and cross - examine witnesses.
5. Following the presentation of evidence, if any, the parties may present closing arguments.
6. The hearing shall be audio recorded.
7. The officer may be represented by a representative of his or her choice at all stages of the
proceedings. All costs associated with such representation and the presentation of the
22 094
officer's case shall be borne by the Association.
8. The Department shall also be entitled to representation at all stages of the proceedings. The
Department shall bear its cost of representation and of presentation of its case.
9. The hearing officer fees shall be equally borne by the City and the Association.
10. The decision of the hearing officer shall be final subject to the right of each party to the
proceeding to contest the hearing officer's determination by means of a C.C.P. § 1094.5
petition for writ of mandate.
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION
Section 30.01 Acting Pay
Where an affected employee is qualified for and is required for an appreciable period of time to serve
temporarily in and have the responsibility for work in a higher class or position, when approved by the
City Manager, such affected employee, while so assigned, shall receive the entrance salary rate ofthat
class or whatever step thereof that is not less than five percent above his or her present rate, whichever
is higher. For the purpose of this section, "appreciable period of time" is defined as ten (10)
consecutive working days, or eight (8) working days if on four /ten (4/ 10) plan, or longer. The acting
pay shall retroactively commence to the first day of the acting assignment.
ARTICLE 31 POLICIES
Section 31.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 31.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy dated July 22, 2003.
Section 31.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 31.04 Substance Abuse Policy and Drug -Free Workplace Statement
The parties have agreed upon a Substance Abuse Policy and Drug -Free Workplace Statement dated,
July 1, 2008.
23 095
ARTICLE 32 TERM OF AGREEMENT
Section 32.01 Term
The term of this MOU shall commence on July 1, 2008 and shall end on September 30, 2011.
Signed by the Association:
Bob Hyland
Deborah Cullen
MATZIA 3 !, 2-00q
Date
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Date
24 096
CITY OF EL SEGUNDO
SALARY TABLES
POLICE MANAGEMENT ASSOCIATION
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097
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract to G &G Specialty Contractors,
Inc. for construction related to Group 32 (24 homes) and Group 33 (28 homes) of the City's
Residential Sound Insulation Program (Project Nos. RS 109-04 and RSI 09 -05).
(Estimated construction costs and retention: $948,172 and $661,072)
RECOMMENDED COUNCIL ACTION:
1. Determine that the Bid from California Averland Construction, Inc. is non - responsive;
2. Award contracts to G &G Specialty Contractors, Inc. for Groups 32 and 33;
3. Authorize the City Manager to execute contracts in a form approved by the City Attorney;
and /or
4. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Bid submitted by California Averland Construction, Inc. for Group 32
2. Bid submitted by G &G Specialty Contractors, Inc. for Group 32
3. Letter from G &G Specialty Contractors, Inc. dated April 1, 2009
4. Bid submitted by California Averland Construction, Inc. for Group 33
5. Bid submitted by G &G Specialty Contractors, Inc. for Group 33
6. Letter from G &G Specialty Contractors, Inc. dated April 1, 2009
7. Email from Tron Construction, Inc. dated March 31, 2009
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116-400-0000-8960
ORIGINATED BY: James S. O'Neill, Program Manager
REVIEWED BY: Greg Carpenter, Director of Pla i and Building Safety%
APPROVED BY: Jack Wayt, City Managgr/ )
BACKGROUND AND DISCUSSION:
On March 30, 2009 the City Clerk's office opened sealed bids for Group 32 (RSI 09 -02) and
Group 33 (RSI 09 -03) of the City's Residential Sound Insulation (RSI) Program. The results of
the bid openings were as follows:
Group 32 (RSI 09 -02)
1. California Averland Construction, Inc .......................... $830,619.08
2. G &G Specialty Contractors, Inc ..... ............................... $861,974.00
3. Tron Construction, Inc. $869,995.00
................... ...............................
4. Karabuild Development, Inc ........... ............................... $922,000.00
5. S &L Specialty Contracting, Inc ...... ............................... $926,600.00
6. NSA Construction Group, Inc ........ ............................... $943,000. "0
7. Professional Building Contractors, Inc. $972,743.00
Group 33 (RSI 09 -03)
1. California Averland Construction, Inc .......................... $591,117.'9
2. G &G Specialty Contractors, Inc ................. ................... $600,974.00
3. Tron Construction, Inc .................... ............................... $609,265.00
4. S &L Specialty Contracting, Inc ...... ............................... $615,900.00
5. Professional Building Contractors, Inc .......................... $653,721.00
6. NSA Construction Group, Inc ........ ............................... $678,000.00
7. Karabuild Development, Inc ........... ............................... $684,900.0
Staff reviewed the bids received and found the following:
The Bids submitted California Averland Construction, Inc. were non - responsive for two reasons.
First, their bid for each group did not identify manufacturers of major acoustical products to be
used (e.g., Aluminum Windows, Vinyl Windows, and Wood Doors) but rather listed a supplier
only. Secondly, their bid for each group documents their intent to subcontract one hundred
percent (100 %) of the work, when the requirements of each project state that "the Contractor
must perform, within its own organization, Work amounting to at least fifty percent (50%) of the
Contract Price."
Bids from the second lowest bidder for each project, G &G Specialty Contractors, Inc. (G &G
Specialty), were reviewed and found to be responsive with one exception. G &G did not attach
copies of each identified addendum, but did acknowledge their receipt in their Bid. G &G has
since provided documentation that their bid is based on the addenda in their entirety, and as such,
staff is recommending that it be deemed a non - material irregularity.
Another Bidder, Tron Construction, Inc., has sent an email to City staff identifying items which
they feel "appear to demonstrate that the bids are non responsive." (Please see attached email
from Tron Construction.) As staff has already concluded that the Bid from California Averland
Construction, Inc. was non - responsive, this report will only address the concerns raised
regarding the Bids from G &G Specialty Contractors, Inc.
With regards to the concern of evidence of authority to sign — G &G Specialty Contractors, Inc.
did submit a letter entitled "Evidence of Authority to Sign" which was signed by the Corporate
Secretary/Treasurer and included the company's corporate seal.
With regards to the concern of the costs of Secondary Sliding Glass Doors — the Bid from G &G
Specialty Contractors, Inc. states that the costs are "included in the primary sliding glass door
price."
With regards to the blanks on Page 10 of the Bid Forms submitted by G &G Specialty
Contractors, Inc. — the blanks left on the subcontractor listing is not grounds for the Bid to be
considered non - responsive.
With regards to Appendices M, N, P & U — these appendices are not required with the Bid, and
the required information covered by these appendices is included in the Bid Form which was
included with the Bid from G &G Specialty Contractors, Inc.
With regards to the Jurat language regarding Page 13 — The Jurat included by the Bid was from a
Notary in Arizona, and therefore the language required for a Notary Public in the state of
California is not applicable to the Notary Public who issued the Jurat.
099
As the City Council is aware, G &G Specialty Contractors, Inc. successfully completed
construction for Groups 11, 14 and 18 of the Residential Sound Insulation Program for the City.
The amounts requested for the contracts are $948,172 and $661,072 which represents the Total
Bid amounts and an additional 10% for potential change orders related to unforeseen conditions.
As the City Council is aware, eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA.
With the successful completion of Groups 32 and 33, the total number of residences completed
by the City's RSI Program is expected to be 994, as Group 31 construction has been delayed.
��Ji�
BIDDERS'S PROPOSAL, AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 09 -02
"Residential Sound Insulation Program — Group 32"
PROPOSAL
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has carefully examined the location of the proposed work
and has otherwise satisfied himself /herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he /she has examined the Contract Documents, and has read the accompanying "BIDDING
INSTRUCTIONS" and hereby agrees to provide the following:
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program — Group 32" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit:
Bidder's Proposal and Statement 1 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
DUI
Bidder's
Engineer's
Bid
Property
ID
Address
Description
Estimate
Amount
Subtotal
32.01
509 E. Walnut Ave
RSI Improvements
$ 2-10,63)
A/C Upgrade
$ 2400
Electrical Upgrade
$ 1300
Electrical breaker
anel Up rade
300
$
Sill & Frame
damage Upgrade
$ 3660
Z $1433
$
32.02
511 E. Walnut Ave.
RSI Improvements
'` r
$ 0
A/C Upgrade
$ 2 t o C.
Electrical breaker
anel Upgrade
$ .306
Damaged Sill
Upgrade
$ 3 6 vo
$ 2511 Z
32.03
513 E. Walnut Ave.
RSI Improvements
$ Sio
A/C U grade
$ 2 s-00
Electrical breaker
panel Upgrade
$ /'�
$ 22/ u �D
Bidder's Proposal and Statement 1 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
DUI
32.04 812 McCarthy Ct.
RSI Improvements
$ -2%T-5 3
A/C U ade
$
2 0 c
Electrical U ade
$
IS-06
Door B Up
$
Sob
[Skylight L' rade
$
S90
Grid U rade
$
$ 3� j1 3
32.06 1017 F. Acacia Ave
RSI Im rovements
.;�
32.07 310 W. Oak Ave.
RSI Improvements
}3 °;"`' "�'
$
2-1 '76IL
$ Li q 6'L
32.08 854 Hillcrest St.
RSl lmpro�ements
A/C Upgrade
Electrical Upgrade
i .fig." ; .,`;<: '.; ->
$
1$00
Window 20
,
Upgrade
32.09 123 W Sycamore Ave.
i RSI Improvements
I
Door E; Upgrade
;- r`
$
4 0
Window 12
Upgrade
r, «'. `'�: t y
$
o
31 39d
32.10
516 W. Acacia Ave.
RSI Improvements
;¢� �;�';;�;«'.
$
4(.,176 1-
46 17 t-
1
851 Hillcrest St.
RSI Improvements
�'rr"x?i
$
7
�� o
32 12 920 [dune St
RSl Im rovements
}: -
$
_. S'b`/
j
_.__.._
A/C Upgrade rade
, `
$
d O
j Electrica! Up rade
S _;L s
$
1/100
:i.x>�:i V 7 k.:
Door A Upgrade
$
$00
Tinted glass
5-00
$ $�
Upgrade
$
32.13 901 Loma Vista St.
RSI Improvements
+5{ r
��
Electrical U grade
$
/ov0
I $ �f / f7s6
:: w.`_',;z.
32.14 705 Redwood Ave.
RSI (movements
r A'C Upgrade
�;,r' axe's "rr 'y,•�.,a;.:,��,,
Electrical [..pgrade
000
'Drenching
Upgrade
32.15 1 624 W. Walnut Ave.
RSI Improvements
l •;' b, �;
$
217 5SS
A /C: Upgrade
Boo
Electrical Upgrade
$
/300
'::
Bath exhaust
$ f
Upgrade
32.16 732 W. Acacia .Ave.
RSI Im p
�_..._— _ _
Y* r
,
$
I A/C t. .grade
Electrical Upgrade
$
1300
$3o b S
r "r$ " %?,s "'
32.17 732 Hillcrest St.
RSI Inn provementsy�
Ai C U p rade
$ (
$
29 00
Electrical Up g rade
$
/300
$ 33 II 6
$` ' ' `
Bidder's Proposal and Statement
Group 32 (.Addendum #�l)
City of El Segundo
Residential Sound Insulation Program
(bl A
32.18
711 W. Sycamore Ave.
RSI Improvements
_" ` $ 4-30
$ 26 oV-
$ 4So
32.19
733 Hillcrest St
RSI Improvements
$ j2 74q
A/C Upgrade
Electrical Upgrade
Windows 8 & 9
Uegrade
$ /goo
$ 1200
Kitchen exhaust
Upgrade
32.20
537 W. Maple Ave
RSI Improvements
$ Z. 6
5Sv
$
Window 36
Upgrade
Door sills
Upgrade
$ 4Od
A/C Upgrade
RSI Improvements
Window 24 & 25
Upgrade
$ 7,2)00
$ o o
$ q(0
32.21
130 E. Maple Ave.
$
Door C Upgrade
$ itSO
Window sill
Upgrade
$ 2 S v
32.22
741 Hillcrest St.
RSI Improvements
$ ZS' 011
$ 70O/rl
A/C Upgrade
$ Z`/ oo
Electrical Upgrade
$ /700
32.23
859 Virginia Ave.
RSI Improvements
$
$ LOJO
Door A Upgrade
32.24
431 W. Oak Ave.
RSI Improvements
$ SI /IS
$ Y 1l5
32.25
431 W. Oak Ave, Back
Unit
RSI Improvements
$ 14ciT�.•eo
$ /4grr.o8
Total Bid (Contract Sum)
e4kf �iu�� d -�t� %Y�f 7J s4os,J fx
(words)
$ 8364
(figures)
In case of discrepancy between the words and figures, the words must prevail,
NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
'l
llti
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date.
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned. The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California.
Name of Firm: 1n1� Ve(LL � r-okAr0&tbh I TKC .
Address: 339 iN1 • Vlrh d Ame LA Ca �i o0o y
Telephone Number: DZ;) 6 6'1— 00 9
Contractor's License Number: 1? 0 6 9 I
Type of License: C 3�
License Expiration Date: 7/7 f 2 0 to
Type of Entity: ❑ Sole Proprietorship ❑ Partnership 46rporation ❑ Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative:
Title:
Signature:
D vi d L ce-
Grtner-i Mith"er
Dated this 28 day of ___MArc , 2009.
If Corporation, please attach evidence of authority to sign.
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Bidder's Proposal and Statement 4 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
I
Bidder acknowledges receipt of the following addenda, has become familiar with their contents,
and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must
attach copies of transmittal letters and facsimile cover sheets for each identified addendum.
Addendum Number � Date: 3!� o r0` /
Addendum Number Z Date: ? IU /Dy
Addendum Number 3 Date: 0 .1
Addendum Number Date:
Addendum Number Date: 3 I t
Addendum Number Date:
Addendum Number Date:
Addendum Number Date:
Signature:
Dated this 2% day of Mare, 4 2009.
Bidder's Proposal and Statement 5 City of LI Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
104
El Segundo Residential Sound Insulation Program
GROUP 32 — ADDENDUM NUMBER 1
March 10, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 32 (RS1 09 -02)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of one hundred and seventeen (1 17) total pages (including
this cover page). Portions of the Bidding and Contract Documents not altered by this addendum
remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item I Insert Construction Schedule (I pages)
Item 2 Replace page 3 of Bidding Instructions with page attached (1 page)
Item 3 Delete Item l.1 C from section 02 SO 00 (Facility Remediation) which reads,
"All hazardous materials abatement must be performed by a sub - contractor."
Item 4 Add Division 00 & Division 01 (1 14 pages)
Item 5 Replace Item 3.1 -A in Section 07 30 00 (Roofing Systems) which reads, "The
work and materials must be performed by or under the continuous direct
supervision of a roofing sub - Contractor that has a C39 Specialty License and at
least 2 years of documented experience in the roofing trade." with:
"The work must be performed by, or under continuous direct supervision of, an
individual whom has at least two (2) years of recent experience in the roofing
trade, and whose employer (Contractor or Sub- Contractor) maintains a current
C39 Specialty License. A copy of the Specialty License and documentation
showing the employee's working history for the past two (2) years must be
included in the roofing submittal.
END OF ADDENDUM
Addendum #1
Group 32 (RSI 09 -02)
105
F.I Segundo Residential Sound Insulation Program
GROUP 32 — ADDENDUM NUMBER 2
March 10, 2009
Project: City of El Segundo
Residential Sound Insulation Program —Group 32 (RS I 09 -02)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of one hundred and seventeen (115) total pages (including
this cover page). Portions of the Bidding and Contract Documents not altered by this addendum
remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item I Replace Division 00 & Division 01 from Addendum #1 with attached Division
00 & Division 01. (1 l4 pages)
END OF ADDENDUM
Addendum #1
Group 32 (RSI 09 -02)
JL
City of El Segundo
4PResidential Sound Insulation Program
PRODUCT SUBSTITUTIONS. The Bidder's attention is called to the "Or Equal"
section of the General Requirements for the substitution of listed products.
6 SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all Subcontractors that will perform work,
labor or render such services. The Bid Form contains spaces for the following
information when listing Subcontractors: (1) Work Activity; (2) name of
Subcontractor; (3) city of Subcontractor's business location. Failure to list any of
these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that it
is fully qualified to perform that portion of the Work and will do so perform.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid
Deadline with the City's written consent in accordance with California law.
ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed
or delivered to all who are known by the City to have received a complete set of
Bidding Documents and who have provided a street address for receipt of
Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Residential
Sound Insulation Program offices.
7.3 The City will issue Addenda so that they are received by prospective Bidders not
later than three (3) business days before the Bid Deadline. Addenda that
withdraw the request for Bids or postpone the Bid Deadline may be issued
anytime before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda
before issuing a Bid.
8 PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City
will discuss the Bidding Documents, answer questions, and accept comments. The City
requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an
attendance list which is used to determine if Bidders meet this requirement. Any Bidder
not attending the Pre -Bid Conference in its entirety will be deemed to have not complied
with the requirements of the Bidding Documents and its Bid will be rejected.
9 FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.
Bids not submitted on the City's Bid Form will be rejected.
BIDDING INSTRUCTIONS
RSC 09 -02 (Group 32) Addendum # 1 3 March 9, 2009
10 7
EI Segundo Residential Sound Insulation Program
GROUP 32 — ADDENDUM NUMBER 3
March 19, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 32 (RSI 09 -02)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the ofiginal Bidding
Documents. The Addendum consists of this cover page. Portions of the Bidding and Contract
Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item 1 Omit page 6 (untitled table) from Appendix C (Group 32 Bid Form — RSI 09 -02)
END OF ADDENDUM
Addendum 41
Oroup 32 (RSI 09 -02)
1l�
El Segundo Residential Sound Insulation Program
GROUP 32 — ADDENDUM NUMBER 4
March 24, 2009
Project: City of El Segundo
Residential Sound Insulation Program -- Group 32 (RSI 09 -02)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of one hundred and two (102) total pages (including this cover
page). Portions of the Bidding and Contract Documents not altered by this addendum remain in full
force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so may
subject the Bidder to disqualification.
Item 1 Bid Opening is postponed until Monday, March 30, 2009 at 11:00 am
Item 2 Replace Appendix C (Bid Form — Group 32) with attached Appendix C (20 pages)
Item 3 Replace Division 00 with attached Division 00 (81 pages)
END OF ADDENDUM
Addendurn #4 Group 32 (RSI 09 -02) `} (j
1VJ
EI Segundo Residential Sound Insulation Program
GROUP 32 — ADDENDUM NUMBER 5
March 25, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 32 (RS1 09 -02)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists 2 pages (including this cover page). Portions of the Bidding and
Contract Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so may
subject the Bidder to disqualification.
Item I Replace Construction Schedule with Construction Schedule attached. (I page)
Item 2 Wherever 92% efficiency furnaces are being installed, existing flues are not to be
utilized, rather replaced with flues that are compatible with the furnaces being
installed and meeting or exceeding all municipal code requirements.
END OF ADDENDUM
Addendum N5
(.group :12 (RSI 09 -02)
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DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
Bidders must identify as subcontractors all individuals and/or companies that are not direct
employees of the Bidder that will perform any portion of the work under the Contract. Each
Bidder must set forth below: (a) the work activity to be performed, (b) the name of the
subcontractor who will perform work or labor or render service to the Bidder in or about the
construction of the work or improvement to be performed under this contract, (c) the mailing
address of the subcontractor's business location, (d) the license number of the subcontractor, and
(e) the contract total and corresponding percentage of the bid. The Bidder must list only one
subcontractor for each portion of work to be performed.
If a Bidder fails to specify a subcontractor for a portion of work to be performed under the
contract, the Bidder is deemed to have agreed that he /she is fully qualified and will perform that
portion themselves.
No Bidder whose bid is accepted must (a) substitute any subcontractor, (b) permit any
subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other
than the original subcontractor listed in the original bid. Subletting or subcontracting of any
portion of the work must only be permitted in cases of public emergency or necessity, and then
only after a finding reduced to writing as a public record of the City awarding this contract
setting forth the facts constituting the emergency or necessity.
MATERIAL SUPPLIERS
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of F.I Segundo
Residential Sound Insulation Program
112
Manufacturer
Supplier
Contract Value
_
Aluminum
Windows
MS D. �a�►tey6�
/��$ .dv
Contact Person _T-
S tal "D�
gS /
Company
52-S —A &'droj A-W
Contact Person
Company
Address
S - JAi- Frmeuco, (A 4( oso
Address
City / State / Zip Code
A 5.0 ) Sri — to 51
City / State / Zip Code
Phone Number
(60) S9q - 4I-St
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of F.I Segundo
Residential Sound Insulation Program
112
Vinyl
Windows
-
gp�
--
Contact Person
Contact Person
Dcreo.,kf CA*Cddr.[
Company
Company
l76 iz
je.eL <A S2 `"
Address
Add less
i
Address
Address
City / State / Zip Code
City / State / Zip Code
7r 1 C'q4_6 6
ne Number �^
Phone Number
6 - io Ys
Fax Number
Fax Number
Email Address
Email Address
Wood
Doors
Contact Person
e n
o.1: 6 Door �t '
Contact Person
Its
Company
ft
rpany
5'4--A Ritici J A-w .
Oh I
Address
Address
- 6
J • fA,% FrA- ii c4[0 / 4�.,,
City/ State /Zip Code
City / State / Zip Code
1,s "j sst -4fBit
C
Number
Phone Number
�hone
Sv ) SQk - 4245
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
X13
Secondary
(Storm)
Doors
1'IFc�t�e� li. Carney
�� MV�T�w
Contact Peeson
N1 oo— RA4 ,Tnc
Amev-t
G 1 w
lNc �u�c
Contact Person /
c
Jlcci,atb NO 601Wb
Company
$01 Rvait, Avc
CoCo pat
5-'LS ca -
Address
Address
j
C!
,S N o
inNteAAo iS MN
City / State / Zip Code
6P a C, - X888
C)ty / State / kip Code
)
600 5-44 -A%
Phone Number
Phone Number
kz)It9-�fzy8
Fax Number
Fax Number
Email Address
Email Address
Sliding
Glass
°
/t
Contact Person
Contact Person
Doors
' L ' t
~Z
Company
Company
176 /z �tac% �iv�
opt Pill.
Address
Address
Am hi. f414 %jta c,4, CA 121Y
7
City / Sta / Zip Code I
City / State / Zip Code
714.1 S46 - G7(!
Phone Number
Phone Number
O IY) rt 6 - 671,P&
Fax Number
Fax Number
Email Address
Email Address
Secondary
Sliding
Glass
/
?04
AlikoV'
Contact Person
Contact Person
Doors
%r(1touK� berr ,or f
//
Company
l76(Z Qt4tt btu l
Company
a it
Address
tw-4 (
Address
26917
7
City / State / tip Code
City / State / Zip Code
61-vi r ., 6- Get(
Phone Number
& 14-1 S(, —6 7q 6
Fax Number
Phone Number
rax Number
Email Address
Emall Address
Bidder's Proposal and Statement
Group 32 (Addendum 44)
City of E1 Segundo
Residential Sound Insulation Program
J
Fireplace
7� I
Ice
J
Dampers
Uayld
+k,
Contact Person
Contact Person
CA Ave IeJ (aeut.
RS-
.
Company
6l c� a N10dR f
Company
4 (
339 N• Vr�7_
Address
Address
LA,CA L?Q0d f
City/ State / Zip Code
i3) e C 9 —oo
City / State / Zip Code
hone Number
Phone Number
L L
Tax Number
Fax Number
I
Email Address
Email Address
Fireplace
Glassy!
Doors
C2
=,,Mule C!
RJ'I lh��vrk..
Contact Person
oat
CA. fiver /A,. J Coat--
Contact Person
b;J aI.�OYht
Company
Company
37� N. V<<I<< +,w
Address I
Address
l,A , CA Roo oY
City / State / Zip Code
20669 -410t7/
City / State / Zip Code
Phone Number
Phone Number
7
3XI) — IO. (' T
4 6
Fax Number
Fax Number
Email Address
Email Address
HVAC
�lauz iQ
���2fD 00
Equipment
y << h
-�
Contact Person
Contact Pcrson
FOJIaG
Company
Company
/q-YI/ (f )l Ore rf
Address
Address
VUt. 111 yyr, (,I 9/40/
Cty / State / 7. p Code
I IQ) 785 -2699
City / State / Zip Code
Phone Number
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement
Group 32 (Addendum 04)
City of FI Segundo
Residential Sound Insulation Program
X15
SUBCONTRACTORS
Work Activity
T
Name of
Subcontractor
Mailing Address of
Subcontractor's I
Business Location
License
Number
Percentage
of Bid Total
W114J -4up �
Drfcoanf'
/7�(2 gCe►�G �w
l A z
70614�
o/
000 cfnor(
!¢co� W(wc�oW
N
/
JQ�Ciwr�
/
hOVr CIPS.
�S— A /Zwr�r.�1 Av
.r.. -+ Fr-AMCIr c )I CA
u
� c
INEC�A� <<w(
i!odc;,c ffEji.
A�`
1q4-11 C'i�ll►�arr (4v
VA,, N,,r, (A
'jti'�ysz
1r"i�(v(r►�iow ['o,
�►•JvL.�3o, r'..
gr1o2- X1,h,jo,i".*e
.("n,.JA F1 r4o,fr,c�j q
-4 4'23169
T)
0/
6 (O
NK Elee frred
�� �te�rt�{
l
f rA"
781�/�'
21 L
Bidder's Proposal and Statement
Group 32 (Addendum #4)
10 City of El Segundo
Residential Sound Insulation Program
116
REFERENCES
Please list similar projects on which you were the general contractor. This information must be
included with your bid, and will be used by the City in assessing your capabilities and
qualifications for performing the work. You are hereby advised that this project is complex and
requires an experienced contractor. Your bid will be considered non - responsive if the
information you provide is untrue or is insufficient to allow the City to adequately assess your
capabilities and qualifications. Please copy this sheet if you need more space.
Project Name KRP Keiwr, ttih - Project No. C I P 575'-08/0-1-04-
Agency C . Wtr4 I woo J Dollar Value 4 7$4 B bo . 0 0
Contact Pers n Dely t� oM Tel. No. (3131 (a4 2, - C 441
Description of Project CoW►p th boocl , C kz :w . _
Project Name Pu!Aac Wort 0¢ -Cite F>trw&r +aH Project No. PW 0109 -0z-
Agency CLJ31 of ..(r Dollar Valuef F! %poo.00
Contact Person E ) rd 1 eb k e- Tel. No. 610) Qq 1- 3 z 6 0 _
Description of Project w► 1.1.1,e r , t` (VAT rf-e c{_ i&vd ,
�%( t IM . 1%!� i �' f i hH A • / "I i ,r A�iH _,..__...,___
Project Name ('(�}t((�, (lt►wv�f ; o Project No. K K
Agency___ _ Dollar Value''
Contact Person ` - E
�9t.� CToae+aNelli -� - -_- Tel. No.(`3'`S)
Description of Project R[1sow4ls . = F- wa.:w�
-Jr Ii��
4. Project Name __Larc I~ V*%& -t _ _ Project No. LR
Agency I, Ohr Dollar Valu 60 poo 00
Contact Person Tel. No.(?iS) 39% - on
Description of Project !;
r — --
L J/ &J045 - 1 npc C
Bidder's Proposal and Statement
Group 32 (Addendum #4)
Bidder's Initials b L
1 1 City of El Segundo
Residential Sound Insulation Program
117
BIDDER'S BOND
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of El Segundo, a general law city and
municipal corporation existing under the laws of California, ( "City"), in the sum of
dollars ($ ), to be
paid and forfeited to said City, its successors and assigns, if the bid of the undersigned principal
with respect to RSI 09 -02, Residential Sound Insulation Program — Group 32, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this _ day of , 2009.
Principal
By
Title
Surety
By
Attorney in Fact
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form.)
Bidder's Proposal and Statement 12 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
X18
BIDDER'S BOND
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of BI Segundo, a general law city and
municipal corporation existing under the laws of California, ( "City "), in the sum of
TEN PERCENT OF AMOUNT BID dollars (S 10% ) to be
paid and forfeited to said City, its successors and assigns, if the bid of the undersigned principal
with respect to RST 09-02, Residential Sound Insulation Program — Group 32, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this ^ day of , 2009.
' MARCH 20. 2009
CALIFORNIA AVERLAND CONSTRUCTION, INC.
Principal
By
Title
INDEMNITY RgOPOY OF CALIFORNIA
Surety
By
Attorney ## Fact PHILIP VEGA
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form _)
Bidder's Proposal and Statement 16 City of El Segundo
Group 32 Residential Sound Insulation Program
119
POWER OFATTORNF;Y FOR
DEVELOPERS SURF.1 "I AND INDEMNITY CON'1P,vNY
INDEMNITY CONIPANY OFCALIFORNIA
PO 11()X 19125. IRVINP, C4 92621 i949) 76 110M
KNOW ALL IMUN'Jl' IIsffSL PRi.SLNIS. deli except is expressly limited. DL\'GLOPL•RS SURETY AND INDIiMNt'f \ CONIPANY end INDIiMNIrY
C(MPANV OF CALIFORNIA, do L.;th licrcht )wkc. conslilulc Ind appoinl-
-* *Phillip E. Vega, Frank Morones; Jointly or severally * **
as tiles, true ;md I;,witil .M ; umcylsl -in- -;Ill, Io illllke. Cxecltle. deliver and :ILknJN'Ielllle, for and on h0wif of :uid cot -pt•raunns, :Is sw,'Iic,, hrind,• uncicrhtlinE.
and contracts ol',urciyship Giving and gsanIin Ito Io said \itorucytsl- mt -F;1:1 Ftdl po,ccI lnld nnlhooIy to t U and [%)I )Q I shrill every lief ncccssaIa. ,c :Io.i..w I's Ilmprs
ill hi Join m co'nccuon thcrewuh :u elicit of s;lid eo pw,dion, could dn. hilt resen'rn¢ Iii elicit It( snit) eolnoralmns Ibil pnwLr nI snbstwitio t and rt-wcatiun. anti
.III ol'lhc eels of >aitl .4nurney(s ; -in -Earl, nw,tnrnl to These PresCnls, ,mc heschy r;ilitiCd and c.ln)innrd
This power ul'Auurmey is grw%lul and is signet) by t:tcsinulc under and by amlwi sy ill' the Iollow'mg rewlittions mlonied by she re.specit %c (lnnitl of Dlrcetvls n1
DEVFLOPERS SUI(h.I Y AND INDI %INl•I Y CON•IPANY mid INDIININPI Y COMPANY OF C'ALII.ORNIA, cilcutve as ot'Nrwcnthel I, _`(sills
RI;SOLV I:D. )Icll Nse Chiinn:m of )lie Ooerd. the Presidcnl and any Vice PIC,1tICn1 of the cntrpor :uinn he, and III:n each Ill silos, bc«'av ;,. :uUhm of ill
C XCLI11C Posers ui tviney. ynabfving the oltnncylsl named In the Powcrs of Auoley to cxe,olc. on h:holl n1 the ❑opt, r :unnu, bw+ds, uodcrtakbl�!p and Conn.,.;Io
al mwclyihip, and Ihoi the Sceresary sir any Assw:jw Scercrary of the corpo(auons hc. and ouch of them hcleby ts. nulhnrized to mlcst the usicculiou of any such
I'11,ocI of Allorley.
itlr.SOLV FD. 1•(IR I HI:I( IhaI the siguattires of such ofticcis Ili I% he is IIxell In Is It such Power n1 Aut,ntcy t,r lu :my cenllic;m: relit i it I crtio by
Iii simile, ;Intl ❑nv such Power ni- , \nnrney or ccnlliintc hc, rnlg such IacslmilC sign ;sluff c. shall hC „alid mild hi „tlmq up on the cu,I,Iuolsm , „•hen so atllcltl .mil in
ilia hutoc with seemed Io any bunts. urnlersaknlc or Cononcs nI st:rctvNhq, to Which a 1, artached
N \VI fNI.Sti WhI I'R1.01 , OIIVIiL011 ;'RS SURF: rY AND INDf;IeINI I st' Cl7h1i`ANY mld,M),iMNI f \' CC)VI I`AK \' f)P (.'. \Llhh)I( \14 hnvC scv ntlly C :n l,Ctl
hc,c presents In be stgncd by sliest- respe6ve F.\ccnlh'c Vice Pre,idenl and anreted by Iltcir resl,ertt,c Sec11•l al} Iho I day of I)ecrm he,, 214)i
icy pAND ` ?ANY
I)avidl!. Rho ds.P.tCLnticcViLC- Plcsidcnl POR GO FP 04 L F
C,
- ti Cj
_ OCT 0 '- = a ; z ' OCT. OC,T 5
Wa 10 ra . 1967
�O 19 J6 :C) p ��
By — — – =- �'•.. D ' �, c�C rpOP�P a.
Waller A Crowell. Secrcaary �� /0 W P ' d
� "�' •tie �
S I A I L OF C.'A1.1`ORNIA
COUN'l Y OF:)R'\NGP.
Uo Dccultber i. 2(105 bel -ot: me. Gina L Gansu. Nosary Public (here inscs'I twine and title oFUlc olliccr), pclsrinilly %lifiewc,l Davits H I(hodcs lint,
Wallcr.A. C'rowdl, Personally known It, nu for proved nI me un the 1)Isis of saisfoetoty cvidcnLC) In he the pt'rsonls) whose i m os) ishme subscnl,cd to the cumin
Iusl.I unem nnJ aeknu,clCdpcd to ill(: dust beklic they exeCUICLI 1hC slime in Ills Ilerrlhclr itnhurir.Cd Capacily(ie ;).:Wd till;( I.y his /her.'Ihcir,igniiurclsi or. site msinm,cm
the pcNon(s), or the et my upon hehalt'tiFt0hich fitc poson(,) acicd. executed ilia inslsunlCnt
V,'I I NESS rrly hand and official seal.
5i�natllrt• G�>� .��
GINA L. GARNER
`pN COMM. 4 1569561 ,g7
(SEAL) NOTARY PUBLIC CALIFORNIA j
3 ORANGE COUNTY
My comm. expires May 12, 2009 It
CBR71PIC.\ rl,
C! c umicrsigned, as Assic:arll Sct « wty, ill D(:VGLf`I :IiS SIJRI -l'Y AND INI)rMNII Y COMPANY nod INDf7KINI'fY C ONIPANY OF CAI JHY(NiA
does hcrchy t'enity trial the loregoln, Power oI Altonwl' rumnins in (till Ii1rCC :mil h;r. still been revoked and lurtherntorc, thnl the nrrncisir,ns ,,I the rc >(alu :ion, ill.
II1C lespccltve Hoastic of Directors n(siid corpoianons ,cl funit in die 1'0\, -er of Altmn,cv. arc lu fotec as of the (late (1111tH CLrtIli G11C
fhi, C'cnilicme Ic *,cculo.l in she ('ill' orin•inc. Califinno Ihr 20TH ,,.,y. „1- MARCH ” -- 2009
Ily
AI`,cc IIiIL:Sras,d. As F W.inI Sa :c.irli
A
1 A
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On 3/28/09 before me, Monica Blaisdell, Notary
Own re Irmeri leer
personally appeared Philip Vpgq —
NOM&W of Sgner(s
MONICA BLAIS4� DELL
"" Commission # 1794078
rt.o
. „ Notary Public - California
_ Orange County
*Cgmm. bpkes Mar26, 2012
7.r�r•�sw�v��er
Kne Notary Seed Abaue
who proved to me on the basis of satisfactory evidence to
be the person(40 whose name( *) is/AVp subscribed to the
within instrument and acknowledged to me that
here/( executed the same In hisfW authorized
capacity(MIX and that by his/p ignature(oon the
instrument the person), or the entity upon behalf of
which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand
,.and �official seal.
Signature
130"hire of Notary Puck
OPTIONAL
Though the lrrformabon below Is not required by law, It may prove valuable to persons retying on the document
and could prevent fraudulent rerrwml and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document-.
Document Date:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgnegs)
Signers Name:
U 'Individual
U Corporate Off{cer — Title(s):
Ll Partner — ❑ Limited v General
i.i Attorney in Fact
0 Trustee
F] Guardian or Conservator
11 Other:
Signer Is Representing: _
Top of thumb here
L
Number of Pages:
Signer's Name:
0 Individual
Corporate Officer — TTUe(s):
Ll Partner — U Limited I -1 General
U Attorney in Fact
J Trustee Tap of ftrr4 here
U Guardian or Conservator
J Other:
Signer Is Representing: _.... _ ..
- -- L - --
NUMMENNINNIM
02C07 Moral Namry Aseodetlon•9350 Oe Sato Ave, PO. 6mr 2402•Cheleworth, CA 91313.2402 • www.l:evonenir,taryorg Items59R7 Reader: CaN TaWFroe 14lOG876 -6827
iii
NON - COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is authorized to
represent the party ( "Bidder ") making the foregoing bid; that the Bidder has not directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with such contract; that the bid is
genuine and not collusion or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put a false or sham bid, or that anyone must refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained are true; and, further, that the bidder has not,
directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
1 declare under penalty of perjury that the foregoing is true and correct.
Name of Firm:
Address:
Telephone Number:
Contractor Representative
Title:
AL(FoRNIA Vl~R�AND CdNSiRUCT(�nl (Nc
I R &( tr Ave, t_A . LA
WL c-Ell
1
"t-- /�-A A Q A G,67 —
Signature: j -- ---�=
Subscribed and Sworn To Before Me this L�-�;- day of 2009.
/ „
Signature:
Notary Public in and for the Counp� of` oaf 1115-11,-1 State of Casa.
My Commi$sion Exp
\ LNotpat-Se&rl i KnIn HV5M KVVN
f
Commission # 157720/
i
Notary Public - CalbRIC
Los Angslfs County
MyComm. EXPkW MW a, Z
Bidder's Proposal and Statement 13 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
i24.
BIDDER'S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EEO CLAUSE
The Bidder ❑ has participated M has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 11246, as amended, of September 24,
1965.
The Bidder ❑ has submitted n has not submitted all compliance reports in connection with
any such contract due under the applicable filing requirements; and that representations
indicating submission of required compliance reports signed by proposed subcontractors will be
obtained prior to award of subcontracts,
If the Bidder has participated in a previous contract subject to the equal opportunity clause and
has not submitted compliance reports due under applicable filing requirements, the Bidder must
submit a compliance report on Standard Form 100, "Employee Information Report EEO -I" prior
to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm
Address
Telephone Number
Contractor Representative
C=At -t t=oRN1 A ,AV -e1ZLAND C0NS"rR.UCC1oKJ (Mc-
23-1 N . VIP,61L VE, LA cA.�cno
3z3 - 66�]- c�c7l
Titic: GZ`N& -R-At— MAN f &C72- ..
�r
Signature:
Dated this 30T� day of _M P, RC-6
, 2009.
Bidder's Proposal and Statement 14 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
12 3
CERTIFICATION OF NON - SEGREGATED FACILITIES
(Contractors / Subcontractors)
(A certificate of Non - segregated Facilities must be submitted prior to award of a contract or subcontract
exceeding $10,000 which is not exempt from the provisions of Equal Opportunity Clauses)
The Federally assisted construction contractor certifies that it does not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not permit its employees
to perform their services at any location, under its control, where segregated facilities are maintained.
The Federally assisted construction contractor certifies further that it will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it will not permit any of its
employees to perform their services at any location, under its control, where segregated facilities are
maintained. The Federally assisted construction contractor agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract. As used in this certification, the term
"segregated facilities" means any waiting room, work areas, rest rooms and washrooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex
or national origin, because of habit, local custom, or any other reason. The Federally assisted
construction contractor agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that it will retain such certification in its files.
Certification - The information above is true and complete to the best of my knowledge and belief.
Name of Firm: CA w F-oQm A Ayt-�t) c,,w 5 i"Rucrw� (NC
Address: 3_�N__ • V I RG It_ �U� ,i G1`f _`�°
Telephone Number: 32_3 662 -
Contractor Representative: >AV I > L,�
Title: GIN MA L NIAt,)A G -E _F__
Signature:
Dated this X1#4 day of k A-P C- R , 2009.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Bidder's Proposal and Statement 15 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
124
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that
bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise
participation specified for the contract for which this proposal is submitted and that the bidder, if
the contract is awarded to bidder, will have a DBE participation of three percent (5 %) of the
amount of this bid. Bidder further gives assurance that bidder will submit the documentation
required by said Regulations and the Contract Documents, including the Listing of
Disadvantaged Business Enterprises with which the bidder will subcontract if the contract is
awarded and if bidder is unable to meet the contract goals for DBE participation, of the steps
bidder has taken to obtain DBE participation.
Name of Firm: CA L I FoR.IJ I A VtRJAN l CoNSTF -U CT loN (NC_
Address: 33 -1 N__VIRG1(AVE, LA., -A ,T>00,4
Telephone Number: 3?n 66 &C,
Contractor Representative:
Title: 6 45-N L PPL Nl AtQ A6£R.
Signature:
Dated this ���t day of 14 , 2009.
Bidder's Proposal and Statement 16 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
1 -3
SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER
$25,000
(49 CFR PART 29)
The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this clause
without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder /offerer /contractor or any lower tier participant is unable to
certify to this statement, it must attach an explanation to this solicitation /proposal.
Name of Firm: LALl F--O R,,,J 1,A AVt-RL.A-Kb CO N ST RUCT( on! NC—
Address: -�3,--i t 1- O R& L Avt, t- . cA . -jcoa4
Telephone Number: 323 -66r- &C")/
Contractor Representative: D V! b _ . -Lt�:t .-
Title. O!LAL N 4t-JA6f�--R-
Signature:
Dated this 3010 day of
Bidder's Proposal and Statement 17
Group 32 (Addendum #4)
MARCH . 2009.
City of El Segundo
Residential Sound Insulation Program
.126
TRADE RESTRICTION CLAUSES TO BE INCLUDED IN ALL SOLICITATIONS,
CONTRACTS, AND SUBCONTRACTS
The contractor or subcontractor, by submission of an offer and/or execution of contract, certifies
that it:
A. is not owned or controlled by one or more citizens or nationals of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or a national of a foreign country on said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract must be awarded to a contractor or subcontractor who is unable
to certify to the above. If the contractor knowingly procures or subcontracts for the supply of
any product or services of a foreign country on the said list for use on the project, the Federal
Aviation Administration may direct, through the City, cancellation of the contract at no cost to
the government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor must provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate
written notice to the contractor, if at any time it learns that its certification was erroneous by
reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct, through the
City, cancellation of the contract or subcontract for default at no cost to the government.
Nothing contained in the foregoing must be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
Bidder's Proposal and Statement 18 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
Name ofFirm: CAL1t--OR-ji,A AVtZLAND Ce661RUctioN INC
Address: tJ- vtpG(L- AV&, LA,(-',4. 41,5004
Telephone Number: 969 - nor7
Contractor Representative: v t L> Lt;-e
Title: 6, j L- Tz A L - All ANA ,-e 9- -
Signature:
Dated this 30il day of 2009.
Bidder's Proposal and Statement 19 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
BUY AMERICAN — STEEL AND MANUFACTURED PRODUCTS FOR
CONSTRUCTION CONTRACTS
The contractor agrees that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, and
defined in A. below.
A. The following terms apply to this clause:
1. Steel and manufactured products. As used in this clause, steel and manufactured
products include:
a.) those products produced in the United States or
b.) a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States
exceeds sixty percent (60 %) of the cost of all its components and final
assembly has taken place in the United States.
2. Components. As used in this clause, components means those articles, materials,
and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components,
exclusive of final assembly labor costs.
Name of Firm: CA Ll 1=oRN IA A- I; R LJ`lb CONS T-ROC nON fN C
Address: 33-1 N) . V I'V,61L AV8, t__/� CA . atraoa A
Telephone Number: 323 �6q — oo /71
Contractor Representative: _ t>,Ay l D Lam._
Signature
Title: CtNE"L MAt,�14 6e-7Z.-,
Dated this 301! day of
Bidder's Proposal and Statement 20
Group 32 (Addendum 44)
. MARC L __, 2009.
City of El Segundo
Residential Sound Insulation Program
124
BIDDERS'S PROPOSAL AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 09 -02
"Residential Sound Insulation Program — Group 32"
PROPOSAL
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has carefully examined the location of the proposed work
and has otherwise satisfied himself/herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he /she has examined the Contract Documents, and has read the accompanying "BIDDING
INSTRUCTIONS" and hereby agrees to provide the following:
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program — Group 32" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit:
ID
Address
Description
Engineer's
Estimate
Bid
Amount
Bidder's
Property
Subtotal
32.01
509 E. Walnut Ave
RSI Improvements
$20,824
$ 25,786
A/C Upgrade
$ 3,352
Electrical U ade
$ 795
Electrical breaker
anel U grade
$ 398
Sill & Frame
damage U de
$ 417
32.02
511 E. Walnut Ave.
RSI Improvements
$ 24,025
$ 27,914
A/C Upgrade
$ 3,352
Electrical breaker
panel U pgrade
$ 398
Damaged Sill
Upgrade
$ 139
$ 22,142
32.03
513 E. Walnut Ave.
RSI Improvements
$ 26,176
A/C Upgrade
$ 3,239
Electrical breaker
panel Upgrade
$ 795
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
.l�G
32.04
32.06
812 McCarthy Ct.
1017 E. Acacia Ave.
RSI Improvements
$ 32,069
$ 3,580
$ 41,412
$ 33,190
A/C Upgrade
Electrical Upgrade
$ 1,193
Door B Upgrade
$ 3,127
$ 682
Skylight U de
Grid Upgrade
RSI Improvements
$ 761
$ 33,190
32.07
310 W. Oak Ave.
RSI ITIl rovements
$29,304
$ 29,304
32.08
854 Hillcrest St.
RSI Improvements
$45,756
$51,258
A/C Up de
$ 3,580
$ 1,193
Electrical U ade
Window 20
Upgrade
$ 729
32.09
123 W. Sycamore Ave.
RSI Improvements
$ 30,276
$ 32,940
Door E Ugradc
$ 1.708
$ 956
Window 12
Upgrade
32.10
516 W. Acacia Ave.
RSI Improvements
$ 41, 787
$ 41,787
32.11
851 Hillcrest St.
RSI Im rovements
$ 40.792
$ 40,792
32.12
920 Dune St.
RSI Improvements
$ 36,285
$42,859
A/C Up ade
$ 3,693
$ 1,193
Electrical U ade
Door A U de
$ 552
Tinted glass
Upgrade
$ 1,136
32.13
901 Loma Vista St.
RSI Improve s
$ 41.310
S42,702
Electrical U ade
$ 1,392
32.14
705-Redwood Ave.
RSr rovemen
$ 26,073
$ 3,580
$31,840
A/C Up ade
Electrical Upgrade
$ 1,392
$ 795
Trenching
Upgrade
32.15
624 W. Walnut Ave.
RSI Improvements
$ 27,939
1 $32,961
A/C Upgrade
$ 3,560
Electrical Upgrade
$ 1,193
Bath exhaust
Upgrade
$ 249
32.16
732 W. Acacia Ave.
RSI Im rovements
$ 27,235
$ 3,580
$32,008
A/C Up ade
Electrical U de
$ 1,193
32.17
732 Hillcrest St.
RSI Im rovements
$ 35,920
$ 40,806
A/C Upgrade
$ 3,693
Electrical Upgrade
$ 1,193
Bidder's Proposal and Statement 2 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
131
32.18
711 W. Sycamore Ave.
RSI Improvements
$ 30,685
$ 30,685
32.19
733 Hillcrest St
RSI Iin rovements
$ 30, 917
$ 36,518
A/C Up de
$ 3,693
Electrical U ade
$ 1,193
Windows 8 & 9
Upgrade
$ 466
Kitchen exhaust
Upgrade
$ 249
32.20
537 W. Maple Ave
RSI Improvements
$ 46,706
$ 5.1,463
Window 36
Upgrade
$ 956
Door sills
Upgrade
$ 221
$ 3,580
A/C Upgrade
32.21
130 E. Maple Ave.
RSI Improvements
$ 36,121
$ 39,604
Window 24 & 25
Upgrade
$ 1,913
Door C Upgrade
$ 1,349
Window sill
Upgrade
$ 221
32.22
741 Hillcrest St.
RSI Improvements
$ 27, 605
$ 3 2, 4 91
A/C Up ade
$ 3,693
Electrical U de
$ 1.193
32.23
859 Virginia Ave.
RSI Im rovements
$ 32,377
$33,284
Door A Upgrade
$ 907
32.24
431 W. Oak Ave.
RSI Improvements
$ 54,151
$ 54,151
32.25
431 W. Oak Ave, Back
Unit
RSI Improvements
$10,043
$ 10,043
Total Bid (Contract Sum)
Eight Hundred Sixty One Thousand Nine Hundred Seventy Four Dollars and No Cents
(words)
861,974.00
(figures)
In case of discrepancy between the words and figures, the words must prevail.
NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to
Bidder's Proposal and Statement
Group 32 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
i32
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date.
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned. The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, A2 85281
Telephone Number:
Contractor's License Number:
Type of License:
License Expiration Date:
(480) 921 -4079
839072
13/ASE
05/31/2010
Type of Entity: ❑ Sole Proprietorship ❑ Partnership ® Corporation ❑ Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative: _Charles E. GoodBallet
Title: Vice- President
Signature:
Dated this 30th day of March
, 2009.
If Corporation, please attach evidence of authority to sign.
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Bidder's Proposal and Statement 4 City of F.1 Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
i33
2209 W. I" Street, Suite 113
Tempe, AZ 85281
(480) 921 -4079
G & G Specialty Contractors, Inc. (480) 921 -3506 Fax
Evidence of Authority to Sign
March 20, 2009
To Whom It May Concern:
The following individuals has authority to sign documents as a representative of G & G
Specialty Contractors, Inc.:
Charles E. GoodBallet, Vice - President
James Scott GoodBallet, Vice - President
(Corporate Seal)
C r
Teresa L. GoodBa et
Corporate Secretary /Treasurer
ARIZONA A #193232 KB -1 #181092 CALIFORNIA B #839702 NEVADA A -23 #0057634
134
Bidder acknowledges receipt of the following addenda, has become familiar with their contents,
and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must
attach copies of transmittal letters and facsimile cover sheets for each identified addendum.
Addendum Number 01
Addendum Number 02
Addendum Number 03
Addendum Number 04
Addendum Number 05
Addendum Number
Addendum Number
Addendum Number
Date:
03/10 /2009
Date:
03/10/2009
Date:
03/19/2009
Date:
03/24/2009
Date:
03/25/2009
Date:
Date:
Date:
Signature:
Dated this 30th day of March
Bidder's Proposal and Statement 5
Group 32 (Addendum #4)
.2009.
City of El Segundo
Residential Sound Insulation Program
l ,� J
DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
Bidders must identify as subcontractors all individuals and/or companies that are not direct
employees of the Bidder that will perform any portion of the work under the Contract. Each
Bidder must set forth below: (a) the work activity to be performed, (b) the name of the
subcontractor who will perform work or labor or render service to the Bidder in or about the
construction of the work or improvement to be performed under this contract, (c) the mailing
address of the subcontractor's business location, (d) the license number of the subcontractor, and
(e) the contract total and corresponding percentage of the bid. The Bidder must list only one
subcontractor for each portion of work to be performed.
If a Bidder fails to specify a subcontractor for a portion of work to be performed under the
contract, the Bidder is deemed to have agreed that he /she is fully qualified and will perform that
portion themselves.
No Bidder whose bid is accepted must (a) substitute any subcontractor, (b) permit any
subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other
than the original subcontractor listed in the original bid. Subletting or subcontracting of any
portion of the work must only be permitted in cases of public emergency or necessity, and then
only after a finding reduced to writing as a public record of the City awarding this contract
setting forth the facts constituting the emergency or necessity.
MATERIAL SUPPLIERS
1
Manufacturer
Supplier
Contract Value
Aluminum
Windows
Marilyn Burton
Same as manufacturer urer
$61,610
Contact Person
Contact Person
Peerless Products
Company
Company
15500 College
Address
Address
Lenexa, KS 66219
City / State Zip Code
City State • Zip Code
(800) 279 -9999
Phone Number
Phone Number
(913) 752 -1299
Fax Number
Fax Number
Emil Address
Finail Address
Bidder's Proposal and Statement 6 City of EI Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
136
Vinyl 7—
Windows
Joe Dupuy
Same as manufacturer
$104, 980
Contact Person
Contact Person
Milgard Windows & Doors
Company
Company
1010 54th Ave East
Address
Address
Address
Address
Tacoma, WA 98424
City State Zip Code
City State Lip Code
(805) 391 -3826
Phone Number
Phone Number
(805) 578 -0380
Fax Number
Fax Number
Email Address
Mike Shadle
Email Address
Wood
Doors
Mike Ghezvat
$59,888
Contact Person
Contact Person
Vancouver Door Inc.
Specialty Door Co.
Company
Company
PO Box 1418
525 -A Railroad Avenue
Address
Address
Puyallup, WA 96371
So San Francisco, CA 94080
City r State / Zip Code
City i State Zip Code
(253) 845 -5981
(650) 589 -4888
Phone Number
Phone Number
(253) 845 -3364
(650) 589 -4288
Fax Numher
Fax Number
mshadlesvancouverdoor.com
mike4soecialtydoor.net
Finail Address
i
Email Address
Bidder's Proposal and Statement 7 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
13'7
Secondary
Storm
Doors )
Greg urtha
g
Mike Ghezvat
$4,480
Contact Person
Contact Person
Mon -Ray
Specialty Door Co.
Company
Company
8001 Boone Avenue
525 -A Railroad Avenue
Address
Address
Minneapolis, MN 55427
So. San Francisco, CA 94080
City / State / Zip Code
City State Zip Code
(800) 544 -3646
(650) 589 -4888
Phone Number
Phone Number
(763) 546 -8977
(650) 589 -4288
Fax Number
Fax Number
gmurtha ®monrayinc.com
mike @specialtydoor.net
Email Address
Email Address
Sliding
Glass
Brian Keisling
Same as manufacturer
$54,400
Contact Person
Contact Person
Doors
Torrance Aluminum
Company
Company
I
4901 Morena Blvd, 4128
Address
Address
San Diego, CA 92117
Ciry / State Zip Code
City State Zip C(Kle
(619) 247 -9106
Phone Number
Phone Number
(619) 299 -6292
Fax Number
Fax Number
- "— —
Email Address
Email Address
Secondary
Sliding
Slidi
Glass
Brian Keisling
Same as manufacturer
Included in
primary sliding
Contact Person
Contact Person
Doors
Torrance Aluminum
glass door
Company
Company
price
4901 Morena Blvd, #128
Address
Address
San Diego, CA 92117
City State Zip Code
City State Zip Code
(619) 247 -9106
Phone Number
Phone Number
(619) 299 -6292
Fax Number
Fax Number
i
Email Address
Email Address
Bidder's Proposal and Statement
Croup 32 (Addendum 44)
City of El Segundo
Residential Sound Insulation Program
138
Fireplace
Same as manufacturer
Dampers
$1,050
Contact Person
Contact Person
Bernard Dalsin Mfg Co.
Company
Company
5205 208th Street
Address
Address
Farmington, MN 55024
City State Zip Code
City State Zip Code
(651) 460 -1080
Phone Number
Phone Number
(651) 460 -60SU
Fax Number
Fax Number
i
Email Address
Email Address
Fireplace
Glass
Same as manufacturer
$4,200
Contact Person
Contact Person
Doors
Portland Willamette
Company
Company
8400 Melrose Avenue
Address
Address
-os Angeles, CA 90060
City State Zip Code
City State Zip Code
(323) 966 -4789
Phone Number
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Equipment
Vic
$34,000
Contact Person
Contact Person
Carrier
Zodiac Heating & Air
Company
Company Conditioning
205 South Puente St.
14411 Gilmore St
Address
Address
Brea, CA 92821
Van Nuys, CA 91401
City State Zip Code
City State Zip Ccxle
(714) 578 -5200
(818) 785 -3699
Phone Number
Phone Number
(818) 785 -1905
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement 9 City of FI Segundo
Group 32 (Addendum 44) Residential Sound Insulation Program
139
SUBCONTRACTORS
Bidder's Proposal and Statement
Group 32 (Addendum #4)
10 City of El Segundo
Residential Sound Insulation Program
1`iU
Mailing Address of
Name of
Subcontractor's
License
Percentage
Work Activity
Subcontractor
Business Location
Number
of Bid Total
317 S. Isis Avenue
Electrical
Auston Service
Suite 205
720050
4.9%
Group
Inqlewood, 0
Design for
3574 Kettner Blvd
527960 &
Hazmat
2.8%
Health
San Diego, CA 92101
778686
Zodiac Heating
1441 Gilmore Street
HVAC
& Air
722952
15.2%
Van Nuys, CA 91401
Conditioninq, Inc.
MD Insulation
9 ingerman St.
Insulation
So. E1 Monte, CA
623669
1.7%
Company
91733
Ramsey Roofing
142 Sheldon Street
Roofing
315254
0.5%
E1 Segundo, CA
Rapid Duct
PO Box 10021
Duct Cleaning
Testing
2004669
0.4%
Burbank, CA 91510
0717027
Bidder's Proposal and Statement
Group 32 (Addendum #4)
10 City of El Segundo
Residential Sound Insulation Program
1`iU
REFERENCES
Please list similar projects on which you were the general contractor. This information must be
included with your bid, and will be used by the City in assessing your capabilities and
qualifications for performing the work. You are hereby advised that this project is complex and
requires an experienced contractor. Your bid will be considered non- responsive if the
information you provide is untrue or is insufficient to allow the City to adequately assess your
capabilities and qualifications. Please copy this sheet if you need more space.
1. Project Name RSMS Group 4.01 Project No. AV09000063 - JOA 1
Agency city of Phoenix Dollar Value $1,652,000
Contact Person Jarrod Kerns (Architect) Tel. No. (602) 258 -3515
Description of Project Sound remediat ion of 34 residences in Phoenix, AZ
2. Project Name RSMS Group 4.02 Project No. AV09000063 - JOA 2
Agency city of Phoenix _ _ Dollar Value $1,617,000
Contact Person Jarrod Kerns (Architect) Tel. No. (602) 258 -3515
Description of Project Sound remediatic:ii of 35 residences in Phoenix, AZ
3.
Project Name Sound Insulation. Program Phase A Project No. 10104.085 'A'
Agency Tucson Airport - Authority _ Dollar Value $1, 314, 315
Contact Person Joe Bustamante Tel. No, (520) 573 -8100
Description of Project —sound remediation of 42– residences in Tucson, AZ
4. Project Name Sound Insulation Program Phase Bproject No. 10102 -085 'B'
—
Agency Tucson Airport Authority __ Dollar Value sl, 381, 053
Contact Person Joe Bustamante Tel. No. (520) 573 -8100
Description of Project Sound remediation -of _ 42 residences in Tucson AZ
Bidder's Initials
Bidder's Proposal and Statement 1 1 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
141
BIDDER'S BOND
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of El Segundo, a general law city and
municipal corporation existing under the laws of California, ( "City "), in the sum of
10'% of Bid Amount dollars ($10% of Bid Amount), to be
paid and forfeited to said City, its successors and assigns, if the bid of the undersigned principal
with respect to RSI 09 -02, Residential Sound Insulation Program — Group 32, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this 23 day of March , 2009.
Principal —
By
Title
Insurance Company of the West
Surety
By
Attorney in Fact
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form.)
Bidder's Proposal and Statement 16 City of El Segundo
(Troup 32 Residential Sound Insulation Program
144
No. 0004209
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation dully organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint
RONALD H. ESTABROOK, MARY E. LIGHTLE
their true and lawful Attomey(s )-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008
J Grp „oureeri °o�o�rR 0 6 o
t» oir,SEAL
cu,rors► IoM v r.�
Jeffrey D Sweeney, Assistant Secretary
State of California
} ss.
County of San Diego
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
�' �� � �/1✓(i?�tt2/
J. Douglas Browne, Senior Vice President
On January 2, 2008, befbre me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) istare subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
MARY .._
is r'. _ t ►� :.
J' J '.1 1 •,1' Ion
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Atomey is granted and is signed, sealed and notarised with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
” RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Atomey(s )-in -Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 2 3 r d day of March 2 0 0 9
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1 -800 -877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino
Real, San Diego, CA 92130 -2045 or call (858) 350 -2400.
4�
NON - COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is authorized to
represent the party (`Bidder') making the foregoing bid; that the Bidder has not directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with such contract; that the bid is
genuine and not collusion or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put a false or sham bid, or that anyone must refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained are true; and, further, that the bidder has not,
directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm:
Address:
Telephone Number:
Contractor Representative:
Title:
G 6 G Specialty Contractors, Inc.
2209 W. 1st Street, Suite 113, Tempe, AZ 85281
(480) 921 -4079
Charles E. GoodBallet
Vice - President
Signature: CC�CXs�p�
v
v
Subscribed and Sworn To Before Me this _27th day of March
Signature: '\,_ I / A,4& ue
Notary Public in and for the County of Maricopa , State of Jg8WaMj*K Arizona
My Commission Expires January 25, 2012
go TEgESA L. OOODBALLET
Notary Public - Arizona [Notarial Seal]
Msrlcope County
My eommwwon Expires
January 25 U
2009.
Bidder's Proposal and Statement 13 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
i44
BIDDER'S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EEO CLAUSE
The Bidder 0 has participated Q has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 11246, as amended, of September 24,
1965.
The Bidder El has submitted 0 has not submitted all compliance reports in connection with
any such contract due under the applicable filing requirements; and that representations
indicating submission of required compliance reports signed by proposed subcontractors will be
obtained prior to award of subcontracts.
If the Bidder has participated in a previous contract subject to the equal opportunity clause and
has not submitted compliance reports due under applicable filing requirements, the Bidder must
submit a compliance report on Standard Form 100, "Employee Information Report EEU-I" prior
to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name ofFinn: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (480) 921 -4079
Contractor Representative: Charles E. GoodBal let
Title: Vice - President
Signature:
Dated this 26th day of March
Bidder's Proposal and Statement 14
Group 32 (Addendum #4)
2009.
City of El Segundo
Residential Sound Insulation Program
t
144;)
CERTIFICATION OF NON - SEGREGATED FACILITIES
(Contractors / Subcontractors)
(A certificate of Non - segregated Facilities must be submitted prior to award of a contract or subcontract
exceeding $10,000 which is not exempt from the provisions of Equal Opportunity Clauses)
The Federally assisted construction contractor certifies that it does not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not permit its employees
to perform their services at any location, under its control, where segregated facilities are maintained.
The Federally assisted construction contractor certifies further that it will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it will not permit any of its
employees to perform their services at any location, under its control, where segregated facilities are
maintained. The Federally assisted construction contractor agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract. As used in this certification, the term
"segregated facilities" means any waiting room, work areas, rest rooms and washrooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex
or national origin, because of habit, local custom, or any other reason. The Federally assisted
construction contractor agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that it will retain such certification in its files.
Certification — The information above is true and complete to the best of my knowledge and belief.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AL 85281
Telephone Number: (490) 921 -4079
Contractor Representative:
Signature:
Charles E. GoodBallet
Title: Vice- President
Dated this 27th day of March , 2009.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Bidder's Proposal and Statement 15 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
t � Ci
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that
bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise
participation specified for the contract for which this proposal is submitted and that the bidder, if
the contract is awarded to bidder, will have a DBE participation of three percent (5 %) of the
amount of this bid. Bidder further gives assurance that bidder will submit the documentation
required by said Regulations and the Contract Documents, including the Listing of
Disadvantaged Business Enterprises with which the bidder will subcontract if the contract is
awarded and if bidder is unable to meet the contract goals for DBE participation, of the steps
bidder has taken to obtain DBE, participation.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (480) 921 -4079
Contractor Representative: Charles E. GoodBallet
Title: vice - president
i
Dated this 27th day of March 2009.
Bidders Proposal and Statement 16 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
i4 i
SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER
$25,000
(49 CFR PART 29)
The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this clause
without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder /offerer /contractor or any lower tier participant is unable to
certify to this statement, it must attach an explanation to this solicitation/proposal.
Name of Firm: e & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (980) 921 -4079
Contractor Repre6entative: Charles E. GoodBallet
Title: Vice- President
Signature:% ^�-
Dated this 27th day of_ liarch _ 2009
Bidder's Proposal and Statement 17 City of Fl Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
i48
TRADE RESTRICTION CLAUSES TO BE INCLUDED IN ALL SOLICITATIONS,
CONTRACTS, AND SUBCONTRACTS
The contractor or subcontractor, by submission of an offer and/or execution of contract, certifies
that it:
A. is not owned or controlled by one or more citizens or nationals of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or a national of a foreign country on said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract must be awarded to a contractor or subcontractor who is unable
to certify to the above. If the contractor knowingly procures or subcontracts for the supply of
any product or services of a foreilm country on the said list for use on the project, the Federal
Aviation Administration may direct, through the City, cancellation of the contract at no cost to
the government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor must provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate
written notice to the contractor, if at any time it learns that its certification was erroneous by
reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct, through the
City, cancellation of the contract or subcontract for default at no cost to the government.
Nothing contained in the foregoing must be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
Bidder's Proposal and Statement I x City of El Segundo
(soup 32 (Addendum #4) Residential Sound Insulation Program
i4,9
Name of Firm:
Address:
Telephone Number:
Contractor Representative:
Title:
Signature:
G & G Specialty Contractors, Inc.
2209 W. 1st Street, Suite 113, Tempe, AZ 85281
(480) 921-4079
Charles E. GoodBallet
Vice-President
Dated this 27th day of March
Bidder's Proposal and Statement 19
Group 32 (Addendum #4)
2009.
City of El Segundo
Residential Sound Insulation Program
1 C7, (1
BUY AMERICAN — STEEL AND MANUFACTURED PRODUCI'S FOR
CONSTRUCTION CONTRACTS
The contractor agrees that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, tnaterialmen, and suppliers in the performance of this contract, and
defined in A. below.
A. The following terms apply to this clause:
1. Steel and manufactured products. As used in this clause, steel and manufactured
products include:
a.) those products produced in the United States or
b.) a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States
exceeds sixty percent (60 %) of the cost of all its components and final
assembly has taken place in the United States.
2. Components. As used in this clause, components means those articles, tnaterials,
and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. "Phis means the costs for production of the components,
exclusive of final assembly labor costs.
Name of Firm: G 6 G Specialty contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, ^empe, AZ 85281
Telephone Number: (480) 921- 4079
Contractor Representative: Charles_E. GoodBallet
Title: Vice - President
Signature:
Dated this 27th dayof March .2009.
Bidder's Proposal and Statement 20 City of El Segundo
Group 32 (Addendum #4) Residential Sound Insulation Program
,151
BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state all instances of being disqualified, removed, or otherwise prevented from bidding on,
or completing, a federal, state, or local government project due to a violation of a law or safety
regulation.
I . Have you ever been disqualified from any government contract?
Yes ❑ No El
2. If yes, explain the circumstances:
Bidder's Signature
�5n
�
x309213505 G �'• G SPECIALTY COr1T
2009 03: 1.
2209 W. 1" Street, Suite 113
Tempe, AZ 85281
(480) 921 -4079
G & G Specialty Contractors, Inc. (480) 921 -3506 Fax
April 01, 2009
Mr. James O'Neill
City of El Segundo
350 Main Street
El Segundo, CA 90245
RE: Residential Sound Insulation Program
Group 32, Project Number RSi 09 -02
Dear Mr. O'Neill,
PAGE 03/05
The inclusion of the cover sheet of each addendum for the above referenced project was
an oversite on G & G's part. We have acknowledged on the bid form each addendum
and our bid is based fully on the contract documents and all addendums.
Tf you have any questions please call me at (480) 921 -4079.
Sincerely,
C�es oo al et
Vice - president
ARIZONA A 9193232 KB -1 4181092 CALIFORNIA B #439702
NEVADA A -23 90057631
NFP- �i- ?kJFJ'9 Oe:25
48�'3213:��b 9E
P.07�
15 A
BIDDERS'S PROPOSAL AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 09 -03
"Residential Sound Insulation Program — Group 33"
PROPOSAL
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has carefully examined the location of the proposed work
and has otherwise satisfied himself /herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he /she has examined the Contract Documents, and has read the accompanying "BIDDING
INSTRUCTIONS" and hereby agrees to provide the following:
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program — Group 33" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit:
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
i J =i
Bidder's
Engineer's
Bid
Property
ID
Address
Description
Estimate
Amount
Subtotal
33.01
640 W. Imperial Ave,
RSI Improvements"
$� S�
Sf
/ S 7
6
Unit 1
$
33.02
640 W. Imperial Ave,
RSI Improvements
$
Unit
33.03
640tW. Imperial Ave,
RSI Improvements
$
`%
/S S6
$ lSSG %
33.04
640 W. Imperial Ave,
RSI Improvements
r
/7,(Jr-5-7
I%gSrJ
Unit
$
33.05
640 W. Imperial Ave,
RSI Improvements
L,
Unit 5
.h,
$
lS�jl7
33.06
640 W. Imperial Ave,
RSI Improvementsa,�
Unit 6
.^ 4 c ° ;.
$ !'7j3s� 1 $ %% SSA
33.07
640 W. Imperial Ave, RSI Improvements
!;Y ::.?,:r
l7�332
!� 33 2
Unit 7
$
S
33.08
640 W. Imperial Ave, RSI Improvements
°. S L �s
Unit 8
$
33.09 337 E. Walnut Ave, RSI improvements
,' t
'
Front Unit Air Conditioning
21 'r 1
2000 $ 1
.. _._._.__�1__..- ..____.__.. __ ..... ......... ... .._.. ....... Upgrade
.. .. -. - ... r.r'"
$
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
i J =i
33.10
337 E. Walnut Ave,
Rear Unit
RSI Improvements
Air Conditioning
Upgrade
$ 14,44 lb
$ (r? p(?j
$x-600
33.11
770 W. Imperial Ave,
Unit 17
RSI Improvements
$ 19915
$ J1q 71 s
33.12
770 W. Imperial Ave,
Unit 38
RSI Improvements
$ Zi �-(,�
$ 21 265,
33.13
935 Main St. # 101
1 RSI Improvements
$ 4 2R b
$ 2 29 6
33.14
935 Main St. #102
RSI Improvements
33.15
935 Main St. #103
RSI Improvements
$ 1-4- e
33.16
33.17
935 Main St. # 104
935 Main St. #105
RSI Improvements
RSI Improvements
$ Z4- q
$ ZV S+ L
$ �-
$
33.18
935 Main St. #106
RSI Im rovements
$ 2`I~ ?t
$ Z'f tae
33.19 935 Main St. #201
RSI Improvements
$ 2 v2
$ z3 0-L 9
33.20. 935 Main St. #202
RSI Improvements
, ' .
$ 34'o pt ej
$ 22 o4.g
33.21 935 Main St. 9203 RSI Improvements
$ 2 vFz
$ 21 2`tZ
33.22 935 Main St. #204 RSI Improvements
`1
$ 21 2%4t.
$ Z t -t4-1-
33.23 935 Main St. #205 RSI Im rovements
.
$ 21 4
33.24
935 Main St. #206
RSI Improvements
_
.."
$ 21 3
$ 7-1,439
33.25 .
935 Main St. #302
RSI Improvements
, .. ?
$ -14
$
33.26
935 Main St. #303
RSI improvements
33.27
935 Main St. #305
RSI Improvements
$ 1$ 3q1
$ 23 :19
33.28
935 Main St. #306
RSI Improvements
$ 23 44). Ze,
$21 qo;, t�
33.29
934 Main St. #301 ; Door A U grade
$ oo $ 800
33.30
935 Main St. #304 Door A Upgrade
$ 100 $ Soo
Total Bid (/Contract Sum)
oht GiUlA &Ae 4u4e t - re vewe ? feud vr 2,7/00
(words)
77 , L-7
(figures)
In case of discrepancy between the words and figures, the words must 2revail.
NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date.
Bidder's Proposal and Statement 2 City of El Segundo
Group 33 (Addendurn 04) Residential Sound Insulation Program
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned. The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California.
Name of Firm: (vglr fhla, ff✓tr �q< J C N fT r✓C4
Address: 271 /9• "'I A t_, (A-% d00
Telephone Number: (31-7) (, 6 7— 0 o 7
Contractor's License Number: 816 e8 tr
Type of License: _ Q
License Expiration Date: ti t-T I L2 v to
Type of Entity:0 Sole Proprietorship 0 Partnership 3-Corporation 0 Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative
Title
Signature
Dated this 23
t6, 1, J Le-L
�2ner- � r�atat,Q�
day of M4rc k , 2009.
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement
Croup 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
1�U
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Bidder acknowledges receipt of the following addenda, has become familiar with their contents,
and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must
attach copies of transmittal letters and facsimile cover sheets for each identified addendum.
Addendum Number
I
Addendum Number
2
Addendum Number
Z
Addendum Number
3 z ?
Date:
3 Z
Addendum Number
Addendum Number
Addendum Number
Addendum Number
Signature:
Date:
3110
Date:
3 l
Date:
Date:
3 z ?
Date:
3 Z
Date:
Date:
- -- —
Date:
Dated this —79 day of __ s ,rc k i 2009.
Bidder's Proposal and Statement 4 City of Fl Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
1�^i
Ell Segundo Residential Sound Insulation Program
GROUP 33 — ADDENDUM NUMBER I
March 10, 2009
Project: City of E1 Segundo
Residential Sound Insulation Program — Group 33 (RS1 09 -03)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of one hundred and seventeen (117) total pages (including
this cover page). Portions of the Bidding and Contract Documents not altered by this addendum
remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item I Insert Construction Schedule (I pages)
Item 2 Replace page 3 of Bidding Instructions with page attached (I page)
Item 3 Delete Item 1.1 C from section 02 80 00 (Facility Remediation) which reads,
"All hazardous materials abatement must be performed by a sub - contractor."
Item 4 Add Division 00 & Division 01 (114 pages)
Item 5 Replace Item 3.1 -A in Section 07 30 00 (Roofing Systems) which reads, "The
work and materials must be performed by or under the continuous direct
supervision of a roofing sub - Contractor that has a C39 Specialty License and at
least 2 years of documented experience in the roofing trade." with:
"The work must be performed by, or under continuous direct supervision of, an
individual whom has at least two (2) years of recent experience in the roofing
trade, and whose employer (Contractor or Sub- Contractor) maintains a current
C39 Specialty License. A copy of the Specialty License and documentation
showing the employee's working history for the past two (2) years must be
included in the roofing submittal.
END OF ADDF;NDUM
Addendum #1 Group 33 (RS1 09 -03) _ p
1�0
City of El Segundo
Residential Sound Insulation Program
Nqw
PRODUCT SUBSTITUTIONS. The Bidder's attention is called to the "Or Equal"
section of the General Requirements for the substitution of listed products.
SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all Subcontractors that will perform work,
labor or render such services. The Bid Form contains spaces for the following
information when listing Subcontractors: (1) Work Activity; (2) name of
Subcontractor; (3) city of Subcontractor's business location. Failure to list any of
these items on the Bid Form will result in the City treating the Bid as if no
Subcontractor was listed for the Work and that Bidder represents to the City that it
is fully qualified to perform that portion of the Work and will do so perform.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid
Deadline with the City's written consent in accordance with California law.
ADDENDA.
7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed
or delivered to all who are known by the City to have received a complete set of
Bidding Documents and who have provided a street address for receipt of
Addenda.
7.2 Copies of Addenda will be made available for inspection at the City's Residential
Sound Insulation Program offices.
7.3 The City will issue Addenda so that they are received by prospective .Bidders not
later than three (3) business days before the Bid Deadline. Addenda that
withdraw the request for Bids or postpone the Bid Deadline may be issued
anytime before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda
before issuing a Bid.
8 PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where the City
will discuss the Bidding Documents, answer questions, and accept comments. The City
requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an
attendance list which is used to determine if Bidders meet this requirement. Any Bidder
not attending the Pre -Bid Conference in its entirety will be deemed to have not complied
with the requirements of the Bidding Documents and its Bid will be rejected.
FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.
Bids not submitted on the City's Bid Form will be rejected.
BIDDING INSTRUCTIONS
RSI 09 -03 (Group 33) Addendum # 1 3 March 9, 2009
EI Segundo Residential Sound Insulation Program
GROUP 33 — ADDENDUM NUMBER 2
March 19, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 33 (RSI 09 -03)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of this cover page. Portions of the Bidding and Contract
Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item I Omit page 4 (untitled table) from Appendix C (Bid Form — Group 33)
END OF ADDENDUM
Addendum N2
Group 33 (RSI 09 -03)
i t ►il
El Segundo Residential Sound Insulation Program
GROUP 33 — ADDENDUM NUMBER 3
March 24, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 33 (RSI 09 -03)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of one hundred and one (101) pages. Portions of the Bidding
and Contract Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item I Bid Opening postponed until Monday, March 30, 2009 at 11:00 am
Item 2 Replace Appendix C (Bid Form - Group 33) with attached Appendix C (19 pages)
Item 3 Replace Div 00 with attached Division 00 (81 pages)
END OF ADDENDUM
Addendum !t3 Group 33 (RSI 09 -03)
l 6.L
El Segundo Residential Sound Insulation Program
GROUP 33 — ADDENDUM NUMBER 4
March 24, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 33 (RSI 09 -03)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of nineteen (19) pages. Portions of the Bidding and Contract
Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item 1 Replace Appendix C (Bid Form - Group 33) with attached Appendix C (19 pages)
END OF ADDENDUM
Addendum 43 Group 33 (RSI 09 -03)
El Segundo Residential Sound Insulation Program
GROUP 33 — ADDENDUM NUMBER 5
March 25, 2009
Project: City of El Segundo
Residential Sound Insulation Program — Group 33 (RSI 09 -03)
To: Prospective Bidders
This addendum forms a part of the Contract Documents and modifies the original Bidding
Documents. The Addendum consists of two pages. Portions of the Bidding and Contract
Documents not altered by this addendum remain in full force.
Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject the Bidder to disqualification.
Item 1 Question: The Mechanical specifications tell us to tie into the existing flue
pipes. Are we to assume that the existing flue pipes are made for the 92%
efficiency furnaces that we are to install?
Answer: Wherever 92% efficiency furnaces are to be installed, the existing
flue pipes are to be replaced with flues compatible with the furnaces being
installed and meeting or exceeding all municipal code requirements.
Item 2 Question: Some dwellings (3114 and 33 ] 8) the mechanical plans call out
to reuse the existing heater however the mechanical schedule on the
following page states new furnace. Which one of this conflicting
information do we use?
Answer: The City has confirmed that a typographical error occurred in
Note #9 of the plans for three homes, 33.14, 33.18, and 33.24, and the word
,,new" is to be replaced with "existing ". The furnaces for these homes are
not to be replaced. The efficiency of the referenced furnaces are 80% and
the existing flues are to be utilized.
Item 3 Question: The plans show that we are to use 14 SEER air conditioning
condensers. Can we use equipment that will achieve 14 SEER ARI rating
but may not show as 14 SEER on the condenser. (some manufacturers list
lower #'s due to units not being properly matched.) ARI #'s are the
definitive ratings.
Answer: Air Conditioning condensers are to have at (east a 14 SEER rating.
Addendum H5 Group 33 (RSI 09 -03)
�6 3
El Segundo Residential Sound Insulation Program
Item 4 Question: Door upgrade specifications — Addendums 43 & #4 show door
upgrades for 33.29 & 33.30. There are no plans for 33.29 & 33.30 in
specifications. What are the upgrades to be quoted?
Answer: For 33.29, the upgrade is to replace the existing door and frame at
935 Main St. #304 with a door of the type and style as the other units in
935 Main Street, and install door hardware provided by the property owner.
(non- standard hardware, yet similar to the other units in the building)
For 33.30, the upgrade is to provide the door only. (not to be installed) at
935 Main Street #301.
Lgi,l 1�>�:17���1�i1T1�1
Addendum 45 Group 33 (RSI 09 -03) L b
DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
Bidders must identify as subcontractors all individuals and /or companies that are not direct
employees of the Bidder that will perform any portion of the work under the Contract. Each
Bidder must set forth below: (a) the work activity to be performed, (b) the name of the
subcontractor who will perform work or labor or render service to the Bidder in or about the
construction of the work or improvement to be performed under this contract, (c) the mailing
address of the subcontractor's business location, (d) the license number of the subcontractor, and
(e) the contract total and corresponding percentage of the bid. 'rhe Bidder must list only one
subcontractor for each portion of work to be performed,
If a Bidder fails to specify a subcontractor for a portion of work to be performed under the
contract, the Bidder is deemed to have agreed that he /she is fully qualified and will perform that
portion themselves.
No Bidder whose bid is accepted must (a) substitute any subcontractor, (b) permit any
subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other
than the original subcontractor listed in the original bid. Subletting or subcontracting of any
portion of the work must only be permitted in cases of public emergency or necessity, and then
only after a finding reduced to writing as a public record of the City awarding this contract
setting forth the facts constituting the emergency or necessity.
MATERIAL SUPPLIERS
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
ibJ
Manufacturer.
Hir64 a. Ca, bit eY
Supplier
Contract Value
Aluminum
Windows
_ _
I&6. 400
Contact Person
Contact Person
Spcc.A, l 1 floor 6-mg.
Co pang I
Company
ytS- A Rot l row � (j Vc .
Address
Address
.Say. V"akc.JCO 6 CAA'FoSy
City / State / Zip Code
City / State / Zip Code
(I Sv S'g — 88
Phone Number
Phone Number
(6 s•) V-1q — �,2
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
ibJ
Vinyl
Windows
Wood
Doors
3017
Contact Person Contact Person
axrou- tt �xfe -r oCr
Company Company
17 lz Beach uj
Address I Address
Address I Address
�PkTrr�loH h4c4 4A 126Y j
City / Stad I Zip Code
7/*I S-r4— ( ?l/.
Phone Number
T,t) Sol — 67-ff-`
Fax Number
Email Address
Contact Person
tr1+ agr
C mpany
9-25--A R.,I,-1
Address
City / State / Zip Code
o QB� — (O BUjt
Phone Number
(Sz►) S-,94 IfZig
Number
Email Address
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City / State / Zip Code
Phone Number
Fax Number
Email Address
Contact Person
Company
Address
City / State 1 Zip Code
Phone Number
Fax Number
Email Address
G
,4010($^4
IDaP 1�
Ins
City of El l Segundo
Residential Sound Insulation Program
166
Secondary / /�
(Storm) me( 14`( D. Cornet/ (..:ffE. Mur {i+l� Amoo,
Doors Contact Person contact Oerson
p
n ^ .l �avr w M o• - k�r , J-u ,
pay company !KC to
S f1 ZS— &I- 4J 4y. $0 poW , Ata.e . �h "It
Address Address (
,S SiutFruwcuco. +'A4 !O Mi►,h.•L pv +•.r t
City / State / Zip Code City / State / Zi Code
!s bl .-Sr( — sw, i$oo) S-44 —
one Number Phone Number
401191 — 4?-91
ax Number Fax Number
Email Address I Email Address
Sliding
Glass
Doors
/
oh PsIt
Contact Person
Contact Person
Company
NA L?-- rc4c[ 1.4i
Company
Address
Address
ty / S)tat / Zip Cod
City / State / Zip Code
hone umber
%71Y- -6 - 4 rM: 6
Phone Number
Fax Number
Fax Number
Secondary
Sliding
Glass
Doors
-60y
Contact Person
NeOu'-f �7Cf {r fort
Company
l ,16l2- fzaa �.lv
Address
City / Stak / Zip Code
61�4l M -1<7 tt
�hon�Number
hW) S-*,.- - 4? % 6
Fax Number
Email Address
Bidder's Proposal and Statement
Group 33 (Addenda n #4)
Email Address
Contact Person
Company
Address
City / State / Zip Code
Phone Number
Fax Number
Email Address
U�rt4
/ ee tot j
� M 1 #7 e
7 City of El Segundo
Residential Sound Insulation Program
.iv -1
Fireplace
Dampers
b uy J �tt
Sic �v�
_ L
(�/!f 41
ontactC t Person
Contact Person
l
CA- Aviv -la.�. J CPr.FI_
RJ_T Na�►r�K�..'�
Company
3 ?4 &. yrr.. i j
Address %
Company
I 1
7�� �lNlOVA�I
Address
U 9ooa`E
/ tau / Zip Code
City I State /Zip Code
LIX.T) — o r7l
one Number
e
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Fireplace
Glass
Doors
t�
Uwl_J &eC
- y C/o it
�
W /�r� 4k,
Contact Peron
Contact Person
� 1
CA- Ayfr't // a,, ! J��.
� —1 i'on7 /9✓
Company
339 N. v; P.
Address f
Company
Address
c_A , [ gooa !4
City / Siate / Zip Code
City / State / Zip Code
(34) A tt u — o' n l
Phone Number
Phone Number
21y 64 7— 1. ] !(
_
ax Number
Fax Number
--
Email Address
Email Address
HVAC
Equipment
V - -r
We od
Contact Person
Contact Person
Z_ . Jr,4 G
Company
Company
LL
l -i 1 ( �IMOnr f T
Address
Address
✓ it N v!j j , (A 9,5V ,-(
City / State / Zip o e
City / State / Zip Code
$ISi 7aS— — Ufj
'PhoA Number
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of' El Segundo
Residential Sound Insulation Program
i68
SUBCONTRACTORS
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of FI Segundo
Residential Sound Insulation Program
ib-
Mailing Address of
Work Activity
rv'..JOAAJ 1A � �I
d
I �l iY1r �1 �tt oor
JJJJ
Name of
Subcontractor
�1t�ta+�'f
& ll m l s!.{'
Subcontractor's
Business Location I
/76 /z Bta�h Slv�
/
CA
License
Number
"%rf
Percentage
of Bid Total
u
Woo J 10arr
J �Cotl we�if✓f
J 4,.1� —
boor v
C-zj ARA71trk1 4w
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i
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of FI Segundo
Residential Sound Insulation Program
ib-
REFERENCES
Please list similar projects on which you were the general contractor. This information must be
included with your bid, and will be used by the City in assessing your capabilities and
qualifications for performing the work. You are hereby advised that this project is complex and
requires an experienced contractor. Your bid will be considered non - responsive if the
information you provide is untrue or is insufficient to allow the City to adequately assess your
capabilities and qualifications. Please copy this sheet if you need more space.
Project Name RP VI"Int10 n
Agency -ail
Project No. C l p �(-
Dollar Value � r7s, goo e
2. Project Name POW(-, lwlsrief Arl't Gthfi z rcn Project No. PVJ pgo 4 - o a-
Agency C n>i= l...W,. Dollar Value 00 00
Contact Person rE l n aq Tel. No. (310) q23 - sL c o
Description of Project ;,. A HVAC.
Project Name J<4i 1 _�tbee Project No. k R
Agency___ Dollar V e v oc�
Contact Person o« Lg N N Tel. No. - z
Description of Project' R� �V,e{ -tom �`�h+�(rc� �t,_;
L.._ -- I r,
4. Project Name Project No. 1 _�
Agency AL p���, j -j-- Dollar Value a ao
Contact Person Ve A Tel. Nor -2(r)
Description of Project
Bidder's Proposal and Statement
Group 33 (Addendum #4)
Bidder's Initials D L
10 City of El Segundo
Residential Sound Insulation Program
i/�
BIDDER'S BOND
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of El Segundo, a general law city and
municipal corporation existing under the laws of California, ( "City "), in the sum of
dollars ($ ), to be
paid and forfeited to said City, its successors and assigns, if the bid of the undersigned principal
with respect to RSI 09 -03, Residential Sound Insulation Program — Group 33, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this __ day of _ , 2009.
Principal
By- — — - - -- - -
title
Surety
By —
Attorney in Fact
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form.)
Bidder's Proposal and Statement 1 I City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
BIDDER'S- BONA
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of El Segundo, a general law city and
municipal corporation existing under the laws of California. ( "City "), in the sum of
TEN PERCENT OF AMOUNT BID dollars ($ 10% ), to be
paid and forfeited to said City, its successors and assigns, If the bid of the undersigned principal
with respect to RSI 09 -03, Residential Sound Insulation Program — Group 33, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this _ day of ' '2009.
. MARCH 20, 2009
CALIFORNIA AVERLAND CONSTRUCTION, INC.
Principal
VA
Title
INDEMNITY CQ PANY F CALIFORNIA
Surety
By
nttorney in act PHILIP VEGA
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form.)
Bidder's Proposal and Statement 14 City of E1 Segundo
Group 33 Residential Sound Insulation Program
PO\ \'ER 0F,YT- 1- 0RNI';l FOR
DEVELOPERS SURFIT"i AND 1NDL'IVINITY CONIPANY
INDEMNITY CONIP.NNY OF CAL(FORNI;♦
DO ROX 19725. IRVINI :. ( '.A 92.621 (9,19)'_6: -3 inn
KNOv1' • \t_L. M.LN By' llifSC I'R'SS(iN -1 S. Ihol extent a5 expressly limited. Dl- 0VrLOPLRS SLIRETY AND INDI-.yINITY CON'I': \NY —d INOFN(NII Y
COM:PANV 01= C: \LIFORN A. do cich. hcrchy make. conslitwe and cppoinI
** *Phillip E. Vega, Frank Morones; jointly or severally * **
,IS file,, twe mid hwl'ul Aunmcyls)- in -caCt, In in;ike. est tine. deliver and :Icknu,cictive, ti,r;lnd on hchaff ol'>uid Cnrpnranwl,N, a. snrclic, Iu,nJs, imdc Iokin,N
:md eowtaclj ol* jlretyshlp diving :lull prmll ;II,L 111to said full PowCr and al,Ihn1'ily to do and h\ pcl'torm t•\ -cly ncl nC CI),x a.�. rcl.AwoilC IV Ivnpel
In he done in connection Ihcicwiih ns cl:e!l nf>aid cnrptim l ions could dn. but rt,�tn'int! I,I cnch of soil co IT,Ora Llrins 6111 po +vcr (Il sobs I ellnu and rt'\nc:a{ou, in,I
all u(Iht::Iels t,lNuid Annnlcylxl -in -Fact. pmr twnl to those preScnls, orc hereby reified and con!inncd.
lhie Puwcr of Aunlncy is v�rl;ved and i. \:•Snell hy I)cSi.161c under and by Iwlhullly ol'the fpllowwU resnhniuns .mooted by IhC rey \,eu, C 13n:n,l :1I Direcw,, ,-.I
D;Vrl..)f i:JZS KU111: 1 Y AN[) INI) ',,:Nl'I V C61A11't1NY and IN0J:;\iNI I Y 0110 +11, \NY OF S: ,1LIhORNL \. cI'li:clivc.,s nl I, `flilti
RI;S0LVFD, lhil the Cha unnnn oflhc 13nnrd. Iho PrL'SItICIII and::ny Vice NcNidcn; ol'Ihc corptir;innn he, and I11.1 caeh nl InCo, hcrch, . .. ",I i>al Il,
e\ecu -c Po,vers ill Aholncv. qu:Ililwing he Kllul ncv(s) nnnred in the Power, of Ao.onley In excculc. nn hch;dt ill- the anpur;urnns, hu,16,. uodarlakln�, . nd canon.:,•
of sliv ;yNhip. and thal the Scclel:Iry or n Iv \ssi x1;111 SCcrctai y oh the cnr(,nra noon hC, and cllch of View hcreh\ IN ealhnl OC(l In a:IC >I Il,e CxCenl inn nt Loy e00-
I'nr,Crn' Anorncy.
I N.SOLVI:I) rLIII I'HI'.It, II,aI the siL.n:uurc> Uf soih olliCC.l mny hr LWINed It' any 1101 1'o\acI of Allowcy •,; Io .my cewht:Ilc l,ercn, by
I;,,hIIIIiII', and any ,Itch I'o\,'cr if •\Ilnlney nr Ccrlillcatc hrorin� x1(11 I;ICIIWil, Nign:;Utl -ee sh. -,II he ,.Ihd n.,,I hua1mg, •.mnn Iht
the ruwre \, -IIh respeel ill im bomt. •.mdell-k •.IIC a- ernnrxt of ,'.r:clrahip Ia \vluc'I a i >:u;aehctl.
IN WI f \I'..SS WI1I710'.01•. [)I \'I {LOI'1.125 SUlll.T\ ANI) INDr.I,•INII Y C(*),WANIY :Inti INI)FNIN1*1 Y ; t)MPAN1
IhtNe per >ema to be Ni�ndl by Ihi i• Ir. nrCllvc I {xccnl n•c Vice I'r(,id.cnl .Ind :Inc',Ier: Fv Iheil rc sp acl:vc Scat I�.iy -pus I.
_ „4'
fly
)av:d If Rhode. li\CCnII.c VICCPresldan
alt;:, A. Crowell Scc•etiry
S INI"L OF CALIFORNIA
COUNT Y OF ORANGE
1,.....
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yJ. ;`gip P O Rq
lF. •dry,
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1936
)`• CAI I : ;;I(KI \ h.rvc.t\ dully c.n hcJ
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On December I. 2005 herore I•.)r. Ginn L. Gantcr, Nancy Public (here inserl m1oC mul lint: of Ilse olliCCr), personally lipcored Doyitl If Rhndcs :Ind
Will('rA. Crow, -V. pet-sonaily known to me (or proved In me on the hnsi6 ofsaiisti;cloty cvidcn,c) RI he the pct',onfil \chose ImInc(s) i0arc snbscribcd In the Ivllhin
Inslumcnt ❑nd acknowlcdgcd w me th;tl hc;shcllhcy cxeculcd the same in hiSAICrhhc it awhorizCd cnpaCily(ic,), and then by his!h CI -Ihril slgna:urels) on Iltt o,xunu,,:nl
the person(s).Or IIh• L'Ill,ly, upon behitIt'W'whieh the peimmk) acted. cxcculed Ilse :n.Nhumen;
WI I'NF.SS Iny hand and orKcial scnl
Sj� I attlrc �,
GINA L. GARNER
a COMM. # 1569561
;SEA 1) NOTARY PU©LIC CALIFORNIA
i ORANGE COUNTY \'
J _ My comm. expires May I3 _2?09 t
CV.111 IhIC \•r P.
f- hc as AwslalllSetrcl aly.o1'1)I.VI-I SLIili Y AND INIX. MNIIY(O NWANfYi;, dINi)t! OINII\1(, O• \11'ANVUP(ALIFOIINIA.
.IIIt, ht ri by ;,••lily Ih;u the fn re go n,,. P,—L, oh Alw," e\ rcowni,, in Intl mete and haN uo' hcen rc', nk t•tl..;n:l fu, Ih:;r nh,rc. ;h.,l Iht' In- nviNlom nl the rc,rdt,l i.—,•I
(',c: 1.,pcctivt liu:uth n'- DULLlt,rs of boll: Cori iii O li let meth n we I'o \, :r o Alnmc\. ;,r^ ill Iona i% of the dale r,l -IhiN (r,h(�n:.o,�
h . UL.110 t:.IC IN ,,ec:Ilc,l ill n11: ( ,ly I)r'I\L•C (.IIIIr•IOU. the 20TH :I,Iy W MARCH 2009
A I'.,,- I I I I I ch 1, A ao l'1 c'C r r.; ctrl.
i'7 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On 3/20/09 before me, Monica Blaisdell, Notary
Dale re IrWri AWS fthdnk Of SOW
personally appeared Philip Vp.Ba
Name(s) or 9grroM9
MONICA 8 AISDELL
Commission # 1794078
Notary Public - California
Orange County
*Comm. Eg*es Mar26, 2012
t
who proved to me on the basis of satisfactory evidence to
be the person(so whose name(A) is/AFp subscribed to the
within instrument and acknowledged to me that
helfAb -n executed the same in his(W&)�authorized
capacity(t and that by his/jt IgnatureW (on the
instrument the person( ), or the entity upon behalf of
which the person(x) acted, executed the instrument.
l certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and officiall sal.
°
Signature 'AAW
Plaoe Notery Seal Above 6lgretute or NoWy PLM
OPTIONAL
Though the intoimabon below Is not required by law, It may prove w)uable to persons retying on the document
and could prevent fraudulent remoml and reattachmevmt of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
U Individual
1 ! Corporate Officer— Title(s): _
L.i Partner — 1 '' Limited U General
l-I Attorney in Fact
0 Trustee
Guardian or Conservator
F1 Other:
signer Is Representing: __
Top Of thumb here
L___
Number of Pages:
Signer's Name:
fJ Individual
❑ Corporate Officer — Tltle(s):
❑ Partner — ❑ Limited L7 General
U Attorney in Fact
J Trustee
U Guardian or Conservator
L Other:
Signer Is Representing:._____
Top of thumb Here
02007Notwal Notary A&woaem -9= Do Solo Ave, PO. emc 2602- ChAWMM.CA 41310- 2402•www.NaWraMaWy.org Itema59W Reader:CoATo11+ree1-0004rr.6627
i 74
NON - COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is authorized to
represent the party ( "Bidder ") making the foregoing bid; that the Bidder has not directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with such contract; that the bid is
genuine and not collusion or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put a false or sham bid, or that anyone must refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained are true; and, further, that the bidder has not,
directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm: (2AL1 P(-, ZN1 A AVER LAr.)I\ C ol,i s' TRUC-thoN (NC
Address: 33`i / J . V I kG IL. {�JE . LA , cA . � -J0004
Telephone Number: 32.3_ 60 - c or7 J
Contractor Representative: 1�>Ay L D Lr-C
Title: �-g6wEIZA L. IV] ANAGt�-7e_
Signature:
Subscribed and Sworn To Before Me this day of ���tc lz . , 2009.
Signature: .,_J
Notary Public in and for the County of to State of California.
L %
My Commission F,�Piires ;Lis, .2v��j'
[Notarial Sea[]
KEITH HOSUK HYON
Commission # 1577204
lip Notary Public - CONOMIa
tos Angeles County
MyCornm. Explres May S. 2
Bidder's Proposal and Statement 12 _It o gu
Group 33 (Addendum 44) Residential Sound Insulation Program
i '7 5
BIDDER'S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EEO CLAUSE
The Bidder ❑ has participated has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 11246, as amended, of September 24,
1965.
The Bidder ❑ has submitted 0 has not submitted all compliance reports in connection with
any such contract due under the applicable filing requirements; and that representations
indicating submission of required compliance reports signed by proposed subcontractors will be
obtained prior to award of subcontracts.
If the Bidder has participated in a previous contract subject to the equal opportunity clause and
has not submitted compliance reports due under applicable filing requirements, the Bidder must
submit a compliance report on Standard Form 100, "Employee Information Report EEO -I" prior
to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm: Av�lZLAZ Coll STW C (ot. f N
Address: 33 `i N. V IR61t_ AUE , c-A CA . 4voo4
Telephone Number: 32,S` 66r — oo 17
Contractor Representative: L-t-,g7-
Title: )VI AN GE7�
Signature:
Dated this 3Uthday of 1" RC 2009.
Bidder's Proposal and Statement 13 City of E1 Segundo
Group 33 (Addendum 94) Residential Sound Insulation Program
CERTIFICATION OF NON - SEGREGATED FACILITIES
(Contractors / Subcontractors)
(A certificate of Non - segregated Facilities must be submitted prior to award of a contract or subcontract
exceeding $10,000 which is not exempt from the provisions of Equal Opportunity Clauses)
The Federally assisted construction contractor certifies that it does not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not permit its employees
to perform their services at any location, under its control, where segregated facilities are maintained.
The Federally assisted construction contractor certifies further that it will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it will not permit any of its
employees to perform their services at any location, under its control, where segregated facilities are
maintained. The Federally assisted construction contractor agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract. As used in this certification, the term
"segregated facilities" means any waiting room, work areas, rest rooms and washrooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex
or national origin, because of habit, local custom, or any other reason. The Federally assisted
construction contractor agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that it will retain such certification in its files.
Certification — The information above is true and complete to the best of my knowledge and belief.
Name of Firm: AL(F —n2NtA AVEP_LANp CoNsTZuct-loN irve.
Address: 33-1 rJ . V I , t L AVE L--/A, c',A . �coo4.
Telephone Number: 3n ` 64
Contractor Representative: t,> Le-&
Title: MAr1P, GC(,--
Signature:.
Dated this 3UT14 day of __i�, 11 A RC—JA , 2009.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Bidder's Proposal and Statement 14 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that
bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise
participation specified for the contract for which this proposal is submitted and that the bidder, if
the contract is awarded to bidder, will have a DBE participation of three percent (5 %) of the
amount of this bid. Bidder further gives assurance that bidder will submit the documentation
required by said Regulations and the Contract Documents, including the Listing of
Disadvantaged Business Enterprises with which the bidder will subcontract if the contract is
awarded and if bidder is unable to meet the contract goals for DBE participation, of the steps
bidder has taken to obtain DBE participation.
Name of Firm: (--A LIFcq-NtA AVeP -L-Am", orJSTRULT7oN iw-
Address: 33`' N . V(R' &1 _ ME-, L/1
Telephone Number: ��Z3 66 7 --- 06-r7
Contractor Representative: -, > -A[l
Title: C-]�-ET1Ef,,AL- Nl��A6P�
I' -
1
Signature:
Dated this 30 day of_ h1 A P-CkA 2009.
Bidder's Proposal and Statement 15 City of E1 Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
i'7 8
SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER
$25,000
(49 CFR PART 29)
The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this clause
without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder /offerer /contractor or any lower tier participant is unable to
certify to this statement, it must attach an explanation to this solicitation /proposal.
Name of Firm:
Address:
Telephone Number:
Contractor Representative:
Title:
Signature:
C-AL_il:..zolA AVER -LAND CONST?�UCr(a() Nc
V IR(o K- AVE - -LA ('A
3z3-
Z-,6,)- oori l
L ec,
6&7'4 --R AL A G& lZ
Dated this �U7 day of ` w A RC_ N 12009.
Bidder's Proposal and Statement 16 City of E1 Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
'l J
TRADE RESTRICTION CLAUSES TO BE INCLUDED IN ALL SOLICITATIONS,
CONTRACTS, AND SUBCONTRACTS
The contractor or subcontractor, by submission of an offer and /or execution of contract, certifies
that it:
A. is not owned or controlled by one or more citizens or nationals of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or a national of a foreign country on said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract must be awarded to a contractor or subcontractor who is unable
to certify to the above. If the contractor knowingly procures or subcontracts for the supply of
any product or services of a foreign country on the said list for use on the project, the Federal
Aviation Administration may direct, through the City, cancellation of the contract at no cost to
the government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor must provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate
written notice to the contractor, if at any time it learns that its certification was erroneous by
reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct, through the
City, cancellation of the contract or subcontract for default at no cost to the government.
Nothing contained in the foregoing must be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
Bidder's Proposal and Statement 17 City of El Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
Name of Firm: zAL1F-vRN1A AVERLANF) CO`3 /NC,
Address: 33, V (K6 I LAVE, LA. CA rftc-o6 4
Telephone Number: -32 GG r7 - Z>O r7 I
Contractor Representative: - t>,4 V I 1-6-�
Title: ;N e- RA L. fVIAN A 6E�—
Signature:
Dated this 30 day of 2009.
Bidder's Proposal and Statement 18 City of El Segundo
Group 33 (Addendum fi4) Residential Sound Insulation Program
BUY AMERICAN — STEEL AND MANUFACTURED PRODUCTS FOR
CONSTRUCTION CONTRACTS
The contractor agrees that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, and
defined in A. below.
A. The following terms apply to this clause:
1. Steel and manufactured products. As used in this clause, steel and manufactured
products include:
a.) those products produced in the United States or
b.) a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States
exceeds sixty percent (60 %) of the cost of all its components and final
assembly has taken place in the United States.
2. Components. As used in this clause, components means those articles, materials,
and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components,
exclusive of final assembly labor costs.
Name of Firm: CAt,1FMP NA AtkLPNU CoN57RUCT( -N INC
Address: 331 le i V l P.61 L ,4 VL , LA , CA. --ICW
Telephone Number: °Oq f
Contractor Representative: t4Vl LIEE
Title: G&-N ER — AL_ C_tilflrJPG>~ iZ
Signature:
Dated this 307 day of
Bidder's Proposal and Statement 19
Group 33 (Addendum #4)
i-I A RC 0 .2009.
City of El Segundo
Residential Sound Insulation Program
18�
BIDDERS'S PROPOSAL AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 09 -03
"Residential Sound Insulation Program — Group 33"
PROPOSAL
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has carefully examined the location of the proposed work
and has otherwise satisfied himself/herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he/she has examined the Contract Documents, and has read the accompanying "BIDDING
INSTRUCTIONS" and hereby agrees to provide the following:
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program — Group 33" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit:
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
X83
Bidder's
Engineer's
Bid
Property
ID
Address
Description
Estimate
Amount
Subtotal
33.01
640 W. Imperial Ave,
RSI Improvements
$ 14,713
Unit 1
$ 14,713
33.02
640 W, Imperial Ave,
RSI Improvements
$ 14, 729
Unit 2
$ 14,729
33.03
640 W. Imperial Ave,
RSI Improvements
$14,622
Unit 3
$ 14,622
33.04
640 W. Imperial Ave,
RSI Improvements
Unit 4
$18,086
$ 18, 086
33.05
640 W. Imperial Ave,
RSI Improvements
Unit
$15,018
$ 15,016
33,06
640 W. Imperial Ave,
RSI Improvements
Unit 6
$15,011
$ 15,011
33.07
640 W. Imperial Ave,
RSI Improvements
Unit 7
$ 15,253
$15,253
33.08
640 W. Imperial Ave,
RSI Improvements
Unit S
$ 22,508
$ 22, 508
33.09
337 E. Walnut Ave,
RSI Improvements
$ 25, 600
Front Unit
Air Conditioning
Upgrade
$ 3,636
$ 29,236
Bidder's Proposal and Statement
Group 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
X83
33.10
337 E. Walnut Ave,
Rear Unit
RSI Improvements
$16,505
$ 19,914
Air Conditioning
Upgrade
$ 3,409
33.11
770 W. Imperial Ave,
Unit 17
RSI Improvements
$ 20,694
$ 20,694
33.12
770 W. Imperial Ave,
Unit 38
RSI Improvements
$ 22,266
$ 22,266
33.13
935 Main St. #101
RSI Im rovements
$25, 148
$ 25,148
33.14
935 Main St. #102
RSI Improvements
$ 25,557
$ 25,557
33.15
935 Main St. #103
RSI Improvements
$ 23,963
$ 23,963
33.16
935 Main St. #104
RSI Improvements
$ 24,031
$ 24,031
33.17
935 Main St. #105
RSI Im rovements
$ 26,239
$ 26,239
33.18
935 Main St. #106
RSI Improvements
$ 24,830
$ 24,830
33.19
935 Main St. #201
RSI Improvements
$ 23,314
$ 23,314
33.20
935 Main St. #202
RSI Improvements
$ 23,359
$ 23,359
33.21
935 Main St. #203
RSI Improvements
$ 21,082
$ 21,082
33.22
935 Main St. #204
RSI Improvements
$ 21,127
$ 21,127
33.23
935 Main St. #205
RSI Improvements
$ 23,291
$ 21, 950
$ 23,291
33.24
935 Main St. #206
RSI Improvements
$ 21, 950
33.25
935 Main St. #302
RSI Improvements
$ 23,725
$ 23,725
33.26
935 Main St. #303
RSI Improvements
$ 21,409
$ 21,409
33.27
935 Main St. #305
RSI Improvements
$ 23,660
2 3, 6 8 0
33.28
935 Main St. #306
RSI Improvements
$ 23,714
$ 23, 714
33.29
934 Main St. #301
935 Main St. #304
Door A U2grade
Door A Upgrade
$ 1,612
$ 893
$ 1,612
33.30
$ 893
Total Bid (Contract Sum)
Six Hundred Thousand Nine Hundred Seventy Four Dollars and No Cents
(words)
600,974.00
(figures)
In case of discrepancy between the words and figures, the words must prevail.
NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents. If awarded the contract for the Work, the undersigned hereby agrees to
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date.
Bidder's Proposal and Statement
Croup 33 (Addendum #4)
City of El Segundo
Residential Sound Insulation Program
EVA
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned. "The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (480) 921 -4079
Contractor's License Number: 839072
Type of License: s /ASB
License Expiration Date: 05/31/2010
Type of Entity: ❑ Sole Proprietorship ❑ PartnershipO Corporation ❑ Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative:
'title:
Charles E. GoodBallec
Vice - President
Dated this 30th day of._ March
2009.
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement 3 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
i�J
2209 W. I" Street, Suite 113
Tempe, AZ 85281
(480) 921 -4079
G & G Specialty Contractors, Inc. (480) 921 -3506 Fax
Evidence of Authority to Sign
March 20, 2009
To Whom It May Concern:
The following individuals has authority to sign documents as a representative of G & G
Specialty Contractors, Inc.:
Charles E. GoodBallet, Vice - President
James Scott GoodBallet, Vice - President
(Corporate Seal)
�t A'&Mg
Teresa L. GoodBallet
Corporate Secretary/Treasurer
ARIZONA A #193232 K.13-1 #181092 CALIFORNIA B #839702 NEVADA A -23 40057634
lZ V
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Bidder acknowledges receipt of the following addenda, has become familiar with their contents,
and has accounted for all such changes in the Bidder's Proposal and Statement. The Bidder must
attach copies of transmittal letters and facsimile cover sheets for each identified addendum.
Addendum Number 01
Date:
03/10/2009
Addendum Number 02
Date:
03/19/2009
Addendum Number 03
Date:
03/24/2009
Addendum Number 04
Date:
03/24/2009
Addendum Number 05
Date:
03/25/2009
Addendum Number
Date:
Addendum Number
Date:
Addendum Number
Date:
Signature:
Dated this 30th day of _ March
Bidder's Proposal and Statement 4
Group 33 (Addendum #4)
2009.
City of El Segundo
Residential Sound Insulation Program
187
DESIGNATION OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
Bidders must identify as subcontractors all individuals and/or companies that are not direct
employees of the Bidder that will perform any portion of the work under the Contract. Each
Bidder must set forth below: (a) the work activity to be performed, (b) the name of the
subcontractor who will perform work or labor or render service to the Bidder in or about the
construction of the work or improvement to be performed under this contract, (c) the mailing
address of the subcontractor's business location, (d) the license number of the subcontractor, and
(e) the contract total and corresponding percentage of the bid. The Bidder must list only one
subcontractor for each portion of work to be performed.
If a Bidder fails to specify a subcontractor for a portion of work to be performed under the
contract, the Bidder is deemed to have agreed that he /she is fully qualified and will perform that
portion themselves.
No Bidder whose bid is accepted must (a) substitute any subcontractor, (b) permit any
subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other
than the original subcontractor listed in the original bid. Subletting or subcontracting of any
portion of the work must only be permitted in cases of public emergency or necessity, and then
only after a finding reduced to writing as a public record of the City awarding this contract
setting forth the facts constituting the emergency or necessity.
MATERIAL SUPPLIERS
Bidder's Proposal and Statement
Group 33 (Addendum 1A)
City of El Segundo
Residential Sound Insulation Program
i
Manufacturer
Supplier
Contract Value
Aluminum
Windows
Marilyn Burton
Y
Same as manufacturer
$77,;76
Contact Person
Contact Person
Peerless Products
Company
Company
15500 College
Address
Address
Lenexa, KS 66219
City State Lip Code
City Statc lip Code
(800) 279 -9999
Phone Number
Phone Number
(913)752 -1299
Fax Number
Fax Number
I
Email Address
Email Address
Bidder's Proposal and Statement
Group 33 (Addendum 1A)
City of El Segundo
Residential Sound Insulation Program
i
Vinyl
Windows
Joe Dupuy
Same as manufacturer
$9,455
Contact Person
Contact Person
Milgard Windows & Doors
Company
Company
1010 54th Ave East
Address
Address
Address
Address
Tacoma, WA 98424
City State Z.ipCodc
City State Zip Code
(805) 391 -3826
Phone Number
Phone Number
(805) 578 -0380
Fax Number
Fax Number
Email Address
Email Address
Wood
Doors
� Mike Shadle
Mike Ghezvat
$30,888
Contact Person
Contact Person
Vancouver Door !no.
Specialty Door Co.
Company
Company
PO Box 1418
525 -A Railroad Avenue
Address
Address
Puyallup, WA 98371
So. San. Francisco, CA 94080
City State Zip Code
City State 'Zip Code
(253) 845 -5981
(650) 589 -4888
Phone Number
Phone Number
(253) 845 -3364
(650) 589 -4288
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement 6 City of El Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
'89
Secondary
Storm
Doors
Greg Murtha
Mike Ghezvat
$10,898
Contact Person
Contact Person
Mon -Ray
Specialty Door Co.
Company
Company
8001 Boone Avenue
525 -A Railroad Avenue
Address
Address
Minneapolis, MN 55427
So. San. Francisco, CA 94080
City / State I Zip Code
City State Zip Code
(800) 544 -3646
(650) 569 -4888
Phone dumber
Phone Number
(763) 546 -8977
(650) 589 -4288
Fax dumber
Fax Number
gmurtha ®monrayir.c.com
mikensspecialtydoor.net
Email Address
Umatl Address
Sliding
Class
Brian Kiesl irg
Same as manufacturer
$76,000
Contact Person
Contact Person
Doors
Torrance Aluminum
Company
Company
4901 Morena Blvd, 4128
Address
Address
Sari Diego, CA 92137
City / State : 7ip Code
City State Zip Code
(619) 247 -9106
Phone Number
Phone Number
(619) 299 -6292
Fax Number
Fax Number
Etnai) A3dress
Email Address
Secondary
Sliding
Glass
Brian Kieslirg
Same as manufacturer
Included in
primary sliding
Contact
C.ontactPerson
Doors
Torrance Aluminum
glass door
Company
Company
price
4901 Morena Blvd, #128
Address
Address
San Diego, CA 92117
City State Zip Code
City State Lip Code
(619) 247 -9106
Phone Number
Phone Number
(619) 299 -6292
Fax Number
Fax Number
I
I Email Address
Email Address
Bidder's Proposal and Statement 7 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
1JU
Fireplace
Dampers
Not applicable
Contact Person
i
Contact Person
Company
Company
Address
Address
City State Zip Code
City State Zip Code
Phone Number
Phone Number
Fax Number
Fax Number
Email Address
Email Address
Fireplace
Glass
Doors
I
_
Same as manuEac*_urer
$600
Contact Person
Portland Willamette
Contact Person
Company
8400 Melrose Avenue
Company
Address
Los Angeles, CA 90060
Address
City State Zip Code
(323) 966 -4789
City State Zip Code
Phone Number
Phone Number
Fax Number
Fax Number
Email Address
Email Address
HVAC
Equipment
Vic
$32, 000
Contact Person
Carrier
Contact Person
Zodiac Heating & Air
Company
205 South Puente St
Company Conditioning
14411 Gilmore Street
Address
Brea, CA 92821
Address
Van Nuys, CA 91401
City State Zip Code
(714) 578 -5200
City State Zip Code
(818) 785 -3699
Phone Number
Phone Number
(818) 785 -3699
Fax Number
Fax Number
Email Address
Email Address
Bidder's Proposal and Statement R City of El Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
�
9i
SUBCONTRACTORS
Bidder's Proposal and Statement 9 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
iyn
Mailing Address of
Name of
Subcontractor's
License
Percentage
Work Activity
Subcontractor
Business Location
Number
of Bid Total
Auston Service
317 S. Isis Avenue
Electrical
Group
Suite 205
720050
2.14
Inglewood, CA 903 1
Design for
3574 Kettner Blvd
Ha2mat
Health
527960 &
4.6$
San Diego, CA 92101
770606
Zodiac Heating &
14411 Gilmore St
HVAC
Air Conditioning,
Van Nuys, CA 91401
722952
19.64
Inc.
MD Insulation
9702 K ingerman St.
Insulation
Company
So. E1 Monte, CA
623669
0.3%
91733
Ramsey Roofing
142 Sheldon St.
315254
Roofing
0.44
E1 Segundo, CA
Duct
Rapid
PO Box 10021
2004664
Cleaning
Duct Testing
Burbank, CA 91510
0717027
1.1%
Bidder's Proposal and Statement 9 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
iyn
REFERENCES
Please list similar projects on which you were the general contractor. This information must be
included with your bid, and will be used by the City in assessing your capabilities and
qualifications for performing the work. You are hereby advised that this project is complex and
requires an experienced contractor. Your bid will be considered non - responsive if the
information you provide is untrue or is insufficient to allow the City to adequately assess your
capabilities and qualifications. Please copy this sheet if you need more space.
Project Name RSMS Group 4.01 Project No. AV09000063 - JOA 1
Agency city of Phoenix Dollar Value $1,652,000
Contact Person Jarrod Kerns (Architect) Tel. No. (602) 258 -3515
Description of Project Sound remediation of 34 residences in Phoenix, AZ
�. Project Name RSMS Group 4.02 _ Project No. AV09000063 - JOA 2
Agency city of Phoenix Dollar Value $1,617,000
Contact Person Jarrod Kerns (Architect) Tel. No. (602) 258 -3515
Description of Project Sound remedia-tion of 35 residences in Phoenix. _67—
3. Project Name Sound Insulation Program Phase A Project No. 10104 -085 'A'
AgenCy Tucson Airport Authority Dollar Value $1, 314, 315
Contact Person Joe Bustamante Tel. No. $520) 573 -8100 _
Description of Project Sound remediation of 42 residences in Tucson, AZ
4.
Project Name Sound Insulation Program Phase B Project No. 10102 -085 'B'
Agency Tucson Airport Authority Dollar Value $1,381,053
Contact Person Joe Bustamante 1'el. No. (520) 573 -8100
Description of Project Sound remediation of 42 residences in Tucson, AZ
Bidder's Proposal and Statement
Group 33 (Addendum #4)
Bidder's Initials 6��
10 City of El Segundo
Residential Sound Insulation Program
193
BIDDER'S BOND
(Not necessary when cashier's check accompanies Bidder's Proposal and Statement)
We, the undersigned principal and surety, our heirs, executors, administrators, successors, and
assigns, are jointly and severally bound to the City of El Segundo, a general law city and
municipal corporation existing under the laws of California, ( "Cit " ), in the sum of
10% of Bid Amount dollars ($10% of td ), to be
paid and forfeited to said City, its successors and assigns, if the bid of the undersigned principal
with respect to RSI 09 -03, Residential Sound Insulation Program — Group 33, ( "Project "), as
specifically set forth in the Contract Documents, must be accepted and the proposed contract
awarded to said principal, and said principal must fail or refuse to execute the Public Works
Contract governing the Project in accordance with such bid as accepted and to furnish the
required Performance and Payment Bonds in connection therewith within ten (10) days (not
including weekends and Federal Holidays) after award, and in the form required; otherwise, this
obligation must become null and void; otherwise it must be and remain in full force and virtue.
In witness whereof, we hereunto set our hands and seal this 23 day of March , 2009.
G vt C, S(JFcI� F� Cc..Shc,ctots , 11� �.
Principal
By
A -Title
Insurance Company of the West
Surety
By
ArtOrney in Fact
(Seal)
Notarial certificate of attorney in fact and seal of surety must be attached.
(NOTE: The standard printed bond form of any bonding company, acceptable to the City, may
be used in lieu of the foregoing approved sample bond form provided the security stipulations
protecting the City are not in any way reduced by use of the Surety Company's printed standard
form.)
Bidder's Proposal and Statement 14 City of El Segundo
Group 33 Residential Sound Insulation Program
194
No. 0004209
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the Stale of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas, (collectively referred to as the "Companies'j, do hereby appoint
RONALD H. ESTABROOK, MARY E. LIGHTLE
their true and lawful Attomey(s )-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008.
�oarwro�, "`�9llR!4Yc„` cl' �'H'o
f► R�
�rpao•xr��� �° 0 0 ` INSURANCE COMPANY OF THE WEST
$
SEAL V, EXPLORER INSURANCE COMPANY
+, �� 4�' %J ■ INDEPENDENCE CASUALTY AND SURETY COMPANY
e+uraaa► _� /• a rr
J16-
Jeffrey D. Sweeney, Assistant Secretary
State of California
} ss.
Cowry of San Diego
J. Douglas Browne, Senior Vice President
On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory
evidence to be the petson(s) whose names) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the insuument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Mary Cobb. Notar Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in -Fact to date, execute, sign, sea), and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, priming, typing, or photocopying."
CERTIFICATE
1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 23rd day of March 2009
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above
named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino
Real, San Diego, CA 92130 -2045 or call (858) 350 -2400.
_ f
NON - COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is authorized to
represent the party ( "Bidder') making the foregoing bid; that the Bidder has not directly or
indirectly entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with such contract; that the bid is
genuine and not collusion or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put a false or sham bid, or that anyone must refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained are true; and, further, that the bidder has not,
directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm: G & G Specialty contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (480) 921 -4079
Contractor Representative: Charles E. GoodSallet
Title: vice - President
Signature:
Subscribed and Sworn To Before Me this 271h day of March , 2009.
Signature: Id s _ - Q
Notary Public in and for the County of Maricopa , State of (�ahfapgripa. Arizona
My Commission Expires January 25, 2012
TFA Lo.105001lAUET
Notary Public - Arizona [Notarial Seal]
Maricopa County
My Commission Expires
,fan 25 ,2012
Bidder's Proposal and Statement 12 City of El Segundo
Group 33 (Addendum ##4) Residential Sound Insulation Program
JL
9 C
BIDDER'S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EEO CLAUSE
The Bidder E] has participated has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 11246, as amended, of September 24,
1965.
The Bidder (] has submitted F-1 has riot submitted all compliance reports in connection with
any such contract due under the applicable filing requirements; and that representations
indicating submission of required compliance reports signed by proposed subcontractors will be
obtained prior to award of subcontracts.
If the Bidder has participated in a previous contract subject to the equal opportunity clause and
has not submitted compliance reports due under applicable filing requirements, the Bidder must
submit a compliance report on Standard Form 100, "Employee Information Report EEO -1" prior
to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st. Street, Suite 11:1, Tempe, AZ 85281
Telephone Number: (480) 921 -4079
Contractor Representative: Charles E. GoodBallet
Title: vice- President
Dated this 27th day of March _ , 2009.
Bidder's Proposal and Statement 13 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
19/
CERTIFICATION OF NON - SEGREGATED FACILITIES
(Contractors / Subcontractors)
(A certificate of Non- segregated Facilities must be submitted prior to award of a contract or subcontract
exceeding $10,000 which is not exempt from the provisions of Equal Opportunity Clauses)
The Federally assisted construction contractor certifies that it does not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not permit its employees
to perform their services at any location, under its control, where segregated facilities are maintained.
The Federally assisted construction contractor certifies further that it will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it will not permit any of its
employees to perform their services at any location, under its control, where segregated facilities are
maintained. The Federally assisted construction contractor agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract As used in this certification, the term
"segregated facilities" means any waiting room, work areas, rest rooms and washrooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex
or national origin, because of habit, local custom, or any other reason. The Federally assisted
construction contractor agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that it will retain such certification in its files.
Certification —The information above is true and complete to the best of my knowledge and belief.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85821
Telephone Number: (480) 921_4079
Contractor Representative: Charles E. GoodBallet_
'title: Vice - President
Dated this 27th day of March _ 2009
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Bidder's Proposal and Statement 14 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
y8
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that
bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise
participation specified for the contract for which this proposal is submitted and that the bidder, if
the contract is awarded to bidder, will have a DBE participation of three percent (5 %) of the
amount of this bid. Bidder further gives assurance that bidder will submit the documentation
required by said Regulations and the Contract Documents, including the Listing of
Disadvantaged Business Enterprises with which the bidder will subcontract if the contract is
awarded and if bidder is unable to meet the contract goals for DBE participation, of the steps
bidder has taken to obtain DBE participation.
Name of Firm:
Address:
Telephone Number:
G & G Specialty Contractors, Inc.
2209 W. 1st Street, Suite 113, Tempe, AZ 85281
(480) 921 -4079
Contractor Representative: Charles E _ GoodBallet
Title: vice - President
Signature:
Dated this 27th day of March
Bidder's Proposal and Statement 15
Group 33 (Addendum #4)
2009.
City of El Segundo
Residential Sound Insulation Program
i 9 19
SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER
$25,000
(49 CFR PART 29)
The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this clause
without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder /offerer /contractor or any lower tier participant is unable to
certify to this statement, it must attach an explanation to this solicitation/proposal.
Name of Firm:
G & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, AZ 85281
Telephone Number: (480) 921_4079
Contractor Representative: Charles E. GoodEallet
Title: vice - President
Dated this 27th day of _ March 2009.
Bidder's Proposal and Statement 16 City of El Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
TRADE RESTRICTION CLAUSES TO BE INCLUDED IN ALL SOLICITATIONS,
CONTRACTS, AND SUBCONTRACTS
The contractor or subcontractor, by submission of an offer and/or execution of contract, certifies
that it:
A. is not owned or controlled by one or more citizens or nationals of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or a national of a foreign country on said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract must be awarded to a contractor or subcontractor who is unable
to certify to the above. If the contractor knowingly procures or subcontracts for the supply of
any product or services of a foreign country on the said list for use on the project, the Federal
Aviation Administration may direct, through the City, cancellation of the contract at no cost to
the government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor must provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate
written notice to the contractor, if-at any time it learns that-its certification was erroneous -by
reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct, through the
City, cancellation of the contract or subcontract for default at no cost to the government.
Nothing contained in the foregoing must be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title IS, United States Code, Section 1001.
Bidder's Proposal and Statement 17 City of El Segundo
Group 33 (Addendum 44) Residential Sound Insulation Program
sw
Name of Firm: - & G Specialty Contractors, Inc.
Address: 2209 W. 1st Street, Suite 113, Tempe, A7, 85281
Telephone Number:
Contractor Representative:
Charles E. GoodBallet
Title: Vice - president
Signature: ._
Dated this 27th day of March 2009.
Bidder's Proposal and Statement 19 City of El Segundo
Group 33 (Addendum #4) Residential Sound Insulation Program
6'02
BUY AMERICAN — STEEL AND MANUFACTURED PRODUCTS FOR
CONSTRUCTION CONTRACTS
The contractor agrees that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, and
defined in A. below.
A. The following terms apply to this clause:
I . Steel and manufactured products. As used in this clause, steel and manufactured
products include:
a.) those products produced in the United States or
b.) a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States
exceeds sixty percent (60 %) of the cost of all its components and final
assembly has taken place in the United States.
2. Components. As used in this clause, components means those articles, materials,
and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components,
exclusive of final assembly labor costs.
Name of Firm: G & G Specialty Contractors, Inc.
Address: 2209 W. lst Street, Suite 113, Tempe, A7. 85281
Telephone Number: (4 80) 921 -4079
Contractor Representative: Charles E. GoodRallet
Title: - vice - President
Signature: ce-��
Dated this 27--11 day of March
Bidder's Proposal and Statement 19
Group 33 (Addendum #4)
'2009.
City of El Segundo
Residential Sound Insulation Program
20 3
BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state al] instances of being disqualified, removed, or otherwise prevented from bidding on,
or completing, a federal, state, or local government project due to a violation of a law or safety
regulation.
1. Have you ever been disqualified from any government contract?
Yes ❑ No El
2. If yes, explain the circumstances:
Bidder's Signature
2��
n09 09:1 4809'21 X505 G ? SPECIALT`r COHT
g,•
2209 W. 1" Street. Suite 113
Tempe, A7 85281
(480) 921 -4079
G & G Specialty Contractors, Inc. (480) 921 -3506 Fax
April 01, 2009
Mr. James O*Neill
City of El Segundo
350 Main Street
E1 Segundo, CA 9045
RE: Residential Sound [nsulation Program
Group 33, Project Number RSI 09 -03
Dear Mr. O'Neill,
PGt.E 021/ Cis
The inclusion of the cover sheet of each addendum for the above referenced project was
an ovcrsite on G & G's part. We have acknowledged on the bid form each addendum
and our bid is based fully on the contract documents and all addendums.
If you have any questions please call me at (480) 921 -4079.
Sincerely.
l /w 11-11
Charles E. Goo et
Vice- President
ARI7_ONA A X193232 KB -1 #181092 CALIFORNIA 8 U839702 NEVADA A -23 00057034
r1
205
P. 02
James,
RE: Projects # RSI 09 -02, Group 32 & RSI 09 -03, Group 33
Please accept the itemizations for California Averland Construction, Inc. & G & G Specialty
Contractors, Inc. as the items appear to demonstrate that the bids are non responsive per staff
and Cities requirements for bid documents, as we understand them to be.
NOTE that the items are the same for both projects but a couple of the pages vary on Grp. 33
If you would like these identified, please advise.
California Averland Construction, Inc.
Bid Documents:
• Page 4, "If Corporation, please attach evidence of authority to sign" - not attached.
• Pages 6 - 9, Manufacturers & Suppliers - not filled out correctly or completely
• Page 16, Bidders Bond not signed.
• Page 13, No Jurat is attached, effective 1/1/08 the verbiage & format has changed, and
should be acknowledged with Jurat.
Available here www.sos.ca.gov /business /notary / notary.htm The new verbiage covers proof
of satisfactory evidence of signer.
This has come from the Secretary of State, Debra Bowen
• Appendix's D,M,N,P & U have not been included in bid
• Contractors License # 810681 has a pending violation. 7112
G & G Specialty Contractors, Inc.
Bid Documents:
• Page 4, "If Corporation, please attach evidence of authority to sign" - not attached, should be
by Articles of Incorporation, in the corporate minutes, certified by the secretary of state, as is
demonstrated in other bids that have attached evidence.
• Page 5, States on form, Bidder must attach copies for each identified addendum - not
attached
• Page 8, Secondary Sliding Glass Doors, no cost represented in the contract value column
• Page 10, not completed, as per staff to acknowledge the blanks
• Appendix's M,N,P & U have not been included in bid
• Page 13, No Jurat is attached, effective 1/1/08 the verbiage & format has changed, and
should be acknowledged with Jurat. Available here
www.sos.ca.gov /business /notary /notary.htm The new verbiage covers proof of satisfactory
evidence of signer.
This has come from the Secretary of State, Debra Bowen
We expect that this may be a redundant letter, as we respect that staff may have already
identified these items in the process of reviewing and making the recommendation for the lowest
responsible bidder.
No further participation by Tron, until staff recommendation available.
Please advise.
Respectfully,
Ron Donaldson, Jr.
Tron Construction, Inc.
(559) 229.7992 - office
(559) 229.4947 - fax
(800) 570.7992 - toll free
rondonaldson@tronconstrLJction.com
�'�1F;
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the execution of an agreement with the State
of California Franchise Tax Board for the sharing of business tax information (Fiscal
Impact: $0.00)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to execute and approve the State of California agreement
008700215; (2) Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
State of California agreement number C0800215
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $0.00
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Steve Jones, Business Services Mana er
�j
REVIEWED BY: Deborah Cullen, Directo f Finance 9E
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
For four years the City of El Segundo has participated in the AB63 Revenue Sharing
Program by entering into an agreement with the Franchise Tax Board (FTB). The term
of the agreement (C0800215) is from June 1, 2009 through December 31, 2011 at a
cost of $0.00. The agreement will provide the City with records from the FTB obtained
from business income tax filings listing El Segundo as its business address for the tax
years 2008 thru 2010. These records have enabled the City to recover over $225,000
in new revenues by discovering unlicensed businesses. This agreement will also
provide the FTB with records listing businesses doing business in El Segundo obtained
from the business license database. These records enable the FTB to discover
businesses which are not filing state income tax returns and assist the FTB with
revenue recovery. Staff is requesting approval of the agreement to enable the City to
meet the requirements established by the State of California Franchise Tax Board.
10
�' X-
0!
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
C0800215
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Franchise Tax Board
CONTRACTOR'S NAME
City of El Segundo
2. The term of this
Agreement is: June 1, 2009 through December 31, 2011
3. The maximum amount $ 0.00
of this Agreement is: NON - FINANCIAL
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A — Scope of Work
2 pages
Exhibit C' — General Terms and Conditions
GTC307
Exhibit D - Special Terms and Conditions
3 pages
Exhibit E — City Record Format Specifications
2 pages
Exhibit F — FTB Record Layout Specifications
2 pages
Exhibit G — Confidentiality Statement
1 page
Items shown with an Asterisk (), are hereby incorporated by reference and made part of this agreement as if
attached hereto. These documents can be viewed at www.ols,dcgs_cago_v /Standard +Language /defaulLhtm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use On/
Y
CONTRACTOR'S NAME (it other than an individual, state whether a corporation, partnership, etc.)
City of Ell Segundo
BY (Authorized Signature) DATE SIGNED(Do not type)
.ES
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
350 Main Street, El Segundo, CA 90245
STATE OF CALIFORNIA
AGENCY NAME
Franchise Tax Board
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
Lisa Garrison, Chief Financial Officer
ADDRESS
P.O. Box 2086, Rancho Cordova, CA 95741 -2086
DATE SIGNED(Do not type)
® Exempt per: SCM 4.04.5.b.
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City of El Segundo
EXHIBIT A
SCOPE OF WORK
Agreement #C0800215
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of El Segundo, herein after referred to as the City.
Purpose:
This Agreement allows FTB and the City to enter into a reciprocal agreement to exchange tax
data specific to city business license information for tax administration purposes. By entering
into a reciprocal agreement, each party agrees to bare their own costs of providing the data and
the City is precluded from obtaining reimbursement.
Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C,
D, E, F, and G attached hereto and incorporated by reference herein, sets forth additional terms
to which the parties agree to be bound.
Legal Authority:
California Revenue and Taxation Code Section 19551.5 authorize a reciprocal agreement for
the exchange of city business tax and income tax information between a City and FTB.
City Responsibilities:
1. The City agrees that the information provided by FTB will be used exclusively to administer
the City's business tax program.
2. The City agrees that information obtained under this Agreement will not be reproduced,
published, sold or released in original or in any other form for any purpose; and only
accessed by City employees.
3. The City agrees to provide FTB with tax information pursuant to Exhibit E, Format
Specifications, which shall include but is not limited to the following:
• Business or owner's name.
• Business or residence address.
• Federal employer identification number or social security number.
• North American Industry Classification Code or Standard Industry Classification Code.
4. The City agrees to extract and provide City data to FTB annually in June for each tax year
that the Agreement is in place, June 2009, 2010, and 2011.
5. The City agrees to submit the records to FTB using FTB's Secure Web Internet File Transfer
(SWIFT).
6. The City agrees to submit the records to FTB in ASCII fixed length format, .txt, per the
Format Specifications, Exhibit E.
7. The City agrees to resubmit data in the event data is initially submitted with errors. The
resubmission of data must be within 30 days of notification. If data is not submitted
accurately and timely, the City forfeits its rights to FTB data for that year.
MI
City of El Segundo
EXHIBIT A
SCOPE OF WORK (continued)
Agreement #C0800215
8. The City agrees that each City employee having access to FTB data shall sign a
Confidentiality Statement, Exhibit G. The signed statement is to be retained by the City and
produced to FTB upon request.
9. The City agrees to submit to FTB a completed safeguard questionnaire prior to receiving
FTB data. The safeguard questionnaire is valid for the duration of the Agreement.
10. The City agrees to provide a copy of the resolution, order, motion, or ordinance of the local
governing body, authorizing the execution of the Agreement.
FTB Responsibilities:
1. FTB agrees that information provided by the City will be used for tax administration and non -
tax programs that FTB administers and may be shared with other state /federal agencies as
authorized by law.
2. FTB agrees that information obtained under this Agreement will not be reproduced,
published, sold or released in original or in any other form for any purpose.
FTB agrees to provide the City data extracted from the Taxpayer Information (TI) and
Business Entity Tax System (BETS). FTB will provide the City records for taxpayers within
the city's jurisdiction who indicate a business on their personal or corporation income tax
return. The Record Layout, Exhibit F shall include, but is not limited to:
• Taxpayer name.
• Taxpayer address.
• Taxpayer social security number or federal employer identification number.
• Principal business activity code.
4. FTB agrees to match the data provided by the City using the social security number or
federal employer identification number against FTB's data with a yes or no indicator on the
Record Layout, Exhibit F.
5. FTB agrees to provide the City an annual extraction in December 2009 for tax year 2008,
December 2010 for tax year 2009, and December 2011 for tax year 2010 via SWIFT.
6. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic
transmission of data.
7. FTB agrees to provide the City a unique City Business Tax Number to be used for reporting
purposes only.
8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data
is initially submitted with errors.
OC.
City of El Segundo
EXHIBIT A
SCOPE OF WORK (continued)
Project Coordinators:
The project coordinators during the term of this Agreement will be:
Franchise Tax Board
Erica Gonzales
Data Resources and Services Section
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812 -1468
Phone: (916) 845 -6556
Fax: (916) 855 -5695
Return executed agreement to:
Franchise Tax Board
Procurement & Asset Management
Attention: Nei Bohling
P.O. Box 2086, Mailstop A374
Rancho Cordova, CA 95741 -2086
Phone: (916) 845 -7870
Fax: (916) 845 -3599
Agreement #C0800215
City of El Segundo
Steve Jones
Business Services Manager
350 Main Street
El Segundo, CA 90245
Phone: (310) 524 -2332
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code § 10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code § 12205).
10, NON - DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990
(a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code Section 12990 (a -f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into
this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
L4-
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code § 10353.
S:\ADM IN410MGPAGDG'IV- 307.doc
City of El Segundo
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Agreement #C0800215
1. DATA OWNERSHIP: The classified confidential tax information being provided to the City
under this Agreement remains the exclusive property of FTB. The City shall have the right
to use and process the disclosed information for the purposes stated in this Agreement,
which right shall be revoked and terminated immediately upon completion of this
Agreement.
2. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax return
information and other data in its custody, which is confidential data. Unauthorized
inspection or disclosure of state tax return information or other confidential data is a
misdemeanor (Revenue and Taxation Code Section 19542 and 19542.1).
3. USE OF INFORMATION: The City and FTB agree that the information furnished or secured
pursuant to this Agreement shall be used solely for the purposes described by this
Agreement. The information obtained by FTB shall be used for tax administration and non -
tax programs that FTB administers and may be shared with other state /federal agencies as
authorized by law. The City and FTB further agree that information obtained under this
Agreement will not be reproduced, published, sold or released in original or in any other
form for any purpose other than identified in this Agreement or as authorized by law.
4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City agree that the
information obtained will be kept in the strictest confidence and shall make information
available to its own employees only on a "need to know" basis. The "need to know"
standard is met by authorized employees who need information to perform their official
duties in connection with the uses of the information authorized by this Agreement. Both
parties recognize their responsibilities to protect the confidentiality of this information as
provided by law and ensures such information is disclosed only to those individuals and of
such purpose, as authorized by the Revenue and Taxation Code.
5. DISCLOSURE OF CONFIDENTIAL INFORMATION: Any unwarranted disclosure or use of
state tax return information or any willful unauthorized inspection of the return information is
an act punishable as a misdemeanor. Inspection is defined to mean any examination of
confidential information. No one other than authorized employees may have access, use,
and view or manipulate the data being transmitted to the City under this Agreement. The
City, in recognizing the confidentiality of state tax return information, agrees to take all
appropriate precautions to protect from unauthorized disclosure of the confidential
information obtained pursuant to this Agreement. The City will conduct oversight of its
users with access to the confidential information provided under this Agreement, and will
promptly notify FTB of any suspected violations of security or confidentiality by its users.
The City and each of the City's employees who may have access to the confidential data of
FTB will be required to sign a Confidentiality Statement, Exhibit G, attesting to the fact that
he /she is aware of the confidential data and the penalties for unauthorized disclosure
thereof. The signed statement shall be retained by the City and furnished to FTB upon
request.
City of El Segundo Agreement #C0800215
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continued)
6. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and /or
disclosure (incidents) of FTB data shall be reported to FTB's contact, Erica Gonzales at
(916) 845 -6556, immediately upon discovery of the incident. The incident report shall
contain the following: date, time, employee name, description of the incident or
circumstances, and means of discovery. Upon discovery of any such incident, FTB will
make the appropriate notification to affected California Resident(s) pursuant to the
requirements of Civil Code Section 1798.29.
7. INFORMATION SECURITY: Information security is defined as the preservation of the
confidentiality, integrity, availability, authenticity, and utility of information. A secure
environment is required to protect the confidential information obtained from FTB pursuant
to this Agreement. The City will store information so that it is physically secure from
unauthorized access. The records received by the City will be securely maintained and
accessible only by employees of the city business license program who are committed to
protect the data from unauthorized access, use, or disclosure.
8. DESTRUCTION OF RECORDS: All records received by the City from FTB and any
database(s) created, copies made, or files attributed to the records received will be
destroyed within three years of receipt. The records shall be destructed in a manner to be
deemed unusable or readable and to the extent that an individual record can no longer be
reasonably ascertained. FTB will destroy City data in accordance with the Department's
data retention policies.
9. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each
other, its officers, agents and employees from any and all claims and losses accruing or
resulting from any breach of confidentiality by either party and /or its employees.
10. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of
Dispute" with the Assistant Executive Officer of the Franchise Tax Board within ten (10)
days of discovery of the problem. Within ten (10) days, the Assistant Executive Officer or
his /her designee shall meet with the City and the FTB contact for purposes of resolving the
dispute. The decision of the Assistant Executive Officer shall be final.
11. SAFEGUARD QUESTIONAIRE and REVIEW: Prior to sending data to the City, FTB
requires the City to submit a safeguard questionnaire certifying the protection and
confidentiality of FTB data. The FTB retains the right to conduct an on -site safeguard
review of the City. The City will be provided a minimum of seven (7) days notice prior to a
safeguard review being conducted by the FTB Disclosure Office. The safeguard review will
examine the adequacy of information security controls established by the City in
compliance with the confidentiality requirements pursuant to this Agreement. The City will
take appropriate disciplinary actions against any user determined to have violated security
or confidentiality requirements.
12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content
of the material available through this Agreement, and expressly disclaims any express or
implied warranty, including any implied warranty of fitness for a specific purpose.
City of El Segundo Agreement #C0800215
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continued)
13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason,
upon thirty days (30) prior written notice. This Agreement may be terminated by either party
in the event of any breach of the terms of this Agreement. Both parties agree that in the
event of a breach to the terms of this Agreement, it shall destroy all records and any
databases created, copies made, or files attributed to the records received. The records
shall be destructed in a manner to be deemed unusable or readable and to the extent that
an individual record can no longer be reasonably ascertained, upon destruction.
14. NO THIRD PARTY LIABILITY: Nothing contained in this Agreement or otherwise shall
create any contractual relation between either party and any other party, and no party shall
relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree
to be fully responsible for the acts and omissions of its third parties and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the City or FTB. Both parties shall have no obligation to pay or to see
the payment of any monies to any party or persons either directly or indirectly employed by
the City or FTB.
217
City of El Segundo Agreement #C0800215
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Data Element Name
Start
End
Field
Usage
Description
Pos.
Pos.
Size
SOCIAL SECURITY NUMBER
1
9
9
AN
Must be present unless FEIN is
(SSN)
provided. Fill unused field with
blanks.
FEDERAL EMPLOYER
10
18
9
AN
Must be present unless SSN is
ID NUMBER (FEIN)
provided. Fill unused field with
blanks.
OWNERSHIP TYPE
19
19
1
AN
Must be present: S = Sole
Proprietorship, P = Partnership, C =
Corporation, T = Trust,
L = LLC.
OWNERS LAST NAME
20
34
15
AN
Must be present if Ownership Type
in position 19 = S.
OWNERS FIRST NAME
35
45
11
AN
Must be present if Ownership Type
in position 19 = S.
OWNERS MIDDLE INITIAL
46
46
1
AN
May be blank.
BUSINESS NAME
47
86
40
AN
Enter if business is operating under
a fictitious name (Doing Business
As (DBA).
BUSINESS ADDRESS
87
126
40
AN
Address of the business location or
NUMBER - AND - STREET
the residence of the owner if sole
proprietorship.
CITY
127
166
40
A
Must be present.
STATE
167
168
2
A
Enter standard state abbreviation.
ZIP
169
177
9
AN
Enter the valid ZIP Code (nine or
five- digit) assigned by the U.S.
Postal Service. If only the first five -
digits are know, left- justify
information and fill the unused
positions with blanks.
BUSINESS START DATE
178
185
8
N
Enter the eight -digit (MMDDCCYY).
Zero fill if not known.
BUSINESS CEASE DATE 186 193 8 N Enter the eight -digit date
(MMDDCCYY) if out of
business. Zero fill if not known or
not out of business.
�' 18
City of El Segundo Agreement #C0800215
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Data Element Name
Start
End
Field
Usage
Description
Pos.
Pos.
Size
CITY - BUSINESS -TAX-
194
196
3
N
Enter three -digit number assigned
NUMBER
by FTB.
NORTH - AMERICAN-
197
202
6
N
Enter the six -digit NAICS code. Fill
INDUSTRY - CLASSIFICATION-
unused fields with zeros.
SYSTEM ( NAICS)
STANDARD - INDUSTRIAL-
203
206
4
N
Enter the 2 -4 digit SIC code. Left
CLASSIFICATION (SIC)
justify (example 99 will be 9900).
Fill unused fields with zeros.
TOTAL RECORD LENGTH
206
1 :19
City of El Segundo Agreement #C0800215
EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS
Field Name Length Start Description
Pos.
ENTITY TYPE
1
1
"P" — personal income tax record;
117
STREET NAME
28
"B" — business tax record
SSN or FEIN
9
2
For "P" records, primary taxpayers social
2
151
STREET SUFFIX 2
security number; For "B" records, federal
153
APARTMENT /SUITE NUMBER
10
employer identification number.
LAST NAME
40
11
For "P" records, the primary taxpayer's last
2
180
ZIP CODE
name; For "B" records, business name.
FIRST NAME
11
51
For "P" records ONLY.
MIDDLE INITIAL
1
62
For "P" records ONLY.
SPOUSE SSN
9
63
For "P" records filed with a joint return.
SPOUSE LAST NAME
17
72
For "P" records filed with a joint return.
SPOUSE FIRST NAME
11
89
For "P" records filed with a joint return.
SPOUSE MIDDLE INITIAL
1
100
For "P" records filed with a joint return.
PBA CODE
6
101
For "P" records, principal business activity
(PBA) code.
ADDRESS NUMBER
10
107
PRE - DIRECTIONAL DIRECTOR
2
117
STREET NAME
28
119
STREET SUFFIX
4
147
POST DIRECTIONAL INDICATOR
2
151
STREET SUFFIX 2
4
153
APARTMENT /SUITE NUMBER
10
157
CITY
13
167
STATE
2
180
ZIP CODE
5
182
ZIP CODE SUFFIX
4
187
CBT MATCH
1
191
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
Postal Service term (i.e., N, S, E. W, NE,
NW, SE, SW).
Standard state abbreviation
The valid ZIP Code (nine or five- digit)
assigned by the U.S. Postal Service.
Provided if known.
"N"— No match per CBT data. "Y"— Yes:
CBT matched to state tax return filed.
City of El Segundo
EXHIBIT G
CONFIDENTIALITY STATEMENT
State of California
Agreement #C0800215
Franchise Tax Board
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil, and /or criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the city's interest.
A city employee is required to protect the following types of information received from
the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security number or taxpayer identification number
• Principal business activity code
A city employee is required to protect confidential information by:
• Accessing or modifying information only for the purpose of performing official duties.
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential information from your work site without authorization.
As a city employee, you are required to know whether information is protected. If you have any
question regarding whether particular information is confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized
access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• State and /or taxpayer civil action
You are reminded that these rules are designed to protect everyone's right to privacy, including
your own.
I certify that I have read the confidentiality statement printed above. I further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and /or civil
action being taken against me.
Name
Signature Date
