were received. After a review of the proposals submitted, Staff has concluded that Loengreen, Inc., (Loengreen) has submitted the lowest responsive, responsible bid. Staff recommends that the City Council award a construction contract for the tenant improvements and final utility connections for the Butler Building to Loengreen to complete Phase I of the project.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the engineered and architectural construction plans & specifications prepared by PBK Architects, Inc., and approve a Public Works Agreement with Loengreen, Inc., for Placentia Public Safety Center Butler Tenant Improvements in the amount of $1,646,000; and
2. Reject all other bids received and authorize return of the bid bonds; and
3. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $164,600 for a total construction contract not -to - exceed amount of $1,810,600; and
4. Adopt Resolution No. R-2023-55, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
5. Authorize the City Administrator to approve all agreements in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item conforms to Strategic Plan Goal 5, Implement Public Infrastructure to Meet Community Needs, and Objective 5.4, Construct the Placentia Public Safety Center.
DISCUSSION:
On March 1, 2022, the City Council selected a preferred project alternative for the Placentia Public Safety Center and directed Staff to finalize the construction drawings and bid documents to construct this facility. The new 18,805 square foot facility, which consists of two phases will house the Police Department's evidence and property storage operations (Phase I) and shooting range as well as a new public safety communications center and emergency operations and training center (Phase II). The City currently leases a light industrial/commercial building for property and evidence storage.
The new facility will consist of a manufactured steel Butler Building that will be used for property and evidence storage and the main building that includes the shooting range which will be constructed with CMU block. Since the City's lease for its existing property and evidence building is set to expire in December 2023, the project is being phased to allow the construction of the Butler Building to proceed first so that it can be completed prior to the expiration of the City's
City Council Agenda
July 11, 2023
current lease. Phase I construction has been completed and entailed the demolition, grading, subsurface utility work, and the footings and slab for the Butler Building. This proposed contract entails constructing all the interior tenant improvements for the Butler Building as well as the permanent utility connections needed to serve the entire facility and to complete Phase I. Phase II construction will entail the construction of the main building and shooting range. Construction of the main building under Phase I I, if approved by Council via a separate action could occur concurrently and continue into July 2024.
The current runaway inflationary environment has dramatically increased construction costs at a pace not seen in two generations. Contractors, vendors, and specialty subcontractors are raising prices faster than most entities can match and the high demand for construction services has not softened. The City solicited competitive bids from pre -qualified contractors to construct Phase II of this project. A total of three (3) bids were received and the low bid submitted far exceeded the estimate previously prepared for this project. Based upon the significant project cost increase, Staff previously recommended that the City Council reject all bids received and authorize soliciting new bids which was affirmed by the City Council.
Subsequently, in an effort to manage costs, Staff worked with the construction management team to solicit separate bids to complete the tenant improvements and final utility connections for the Butler Building so that the facility can operate as a stand-alone building in time for the transition from the City's leased facility, thereby completing Phase I of the project. On April 4, 2023, the City received six (6) bids to construct the interior improvements for the Butler Building and the City Council subsequently awarded a construction contract to E. Avico, Inc. Subsequent to that action, E. Avico advised the City that it was pulling out of the project. Accordingly, City staff working with the City Attorney's Office filed a claim with Avico's bid bond surety to collect on their bond amount of $168,088. Staff and the attorney's office are still working to ensure that claim is approved by the surety and the City receives those funds.
The City solicited bids for this portion of the project a second time and on June 16, 2023, a total of seven (7) bids were received. The following table provides the total bid amounts received from each contractor:
Contractor
Bid Amount
Loengreen
$1,646,000
MBC Enterprises
$1,841,888
Tovey/Shultz Construction, Inc.
$1,865,052
G2K Construction, Inc.
$1,980,000
PCN3, Inc.
$2,080,000
PUB Construction
$2,392,830
RT Contractor Corp.
$2,530,000
City Council Agenda
July 11, 2023
The low bid submitted by Loengreen presents a cost savings of $34,880 as compared to the first contract the City Council awarded for this work. After a thorough review of the bid proposals received, it was determined that Loengreen submitted the lowest responsive, responsible bid.
Both MBC Enterprises and Tovey/Shultz submitted bid protests: however, after careful review and consideration Staff determined that they were without merit. Based upon Loengreen's reference check and submitted bid, Staff recommends awarding a construction contract to Loengreen for the interior tenant improvements for the Butler Building portion of the Public Safety Center Project.
FISCAL IMPACT
The total construction cost for the interior tenant improvements and final utility connections for the Butler Building amounts to $1,810,600. This cost consists of the bid amount submitted by Loengreen in the amount of $1,646,000, and a construction contingency in the amount of $168,088. Budget Amendment R-2023-55 is presented for the City Council's consideration to allocate additional funds already included in the FY 2023-24 CIP Budget but have not yet been formally transferred into the project account. Accordingly, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
(,bus s
Luis Estevez Jennifer Lampman
Deputy City Administrator Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Public Works Agreement with Loengreen, Inc.
2. Budget Amendment R-2023-55
Project No. 5213
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
BUTLER BUILDING INTERIOR TENANT IMPROVEMENT
THIS AGREEMENT (herein "Agreement"), is made and entered into this day of , 20_ by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and LOENGREEN, INC. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Tenant Improvements for the Placentia Public Safety Center Butler Building Interior set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean LOENGREEN, INC. a (California corporation) located at 4728 Commonwealth Ave. La Canada, CA 91011. (b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Project No. 5213
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 2 Project No. 5213
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No 3 Project No. 5213
such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $25,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.
Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5. Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of One Million Six Hundred Forty Six Thousand Dollars ($1,646,000.00) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof 4 Project No. 5213
shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Ma.eure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than , 20_, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Jeon Won Hong, President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5 Project No. 5213
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Project No. 5213
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II , or Class I I I disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.
Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870. 7 Project No. 5213
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D", and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged 8 Project No. 5213
to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City.
(d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
9 Project No. 5213
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 10 Project No. 5213
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long 11 Project No. 5213
as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 12 Project No. 5213
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Luis Estevez, Deputy City Administrator
To Contractor: Loenqreen, Inc.
4728 Commonwealth Ave
La Canada, CA 91011
Attn: Jeong Won Hong
8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this 13 Project No. 5213
Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e-verify.uscis.gov/enroll . Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 14 Project No. 5213
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding 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, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor 15 Project No. 5213
shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such, provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Richts. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or 16 Project No. 5213
accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
17 Project No. 5213
APPROVED AS TO FORM:
CONTRACTOR
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:
Date:
Luis Estevez, Deputy City Administrator
DEPARTMENTAL APPROVAL
Date:
Luis Estevez, Deputy City Administrator
18 Project No. 5213
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars (S .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 5213
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20_
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Project No. 5213
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Principal
Signature:
Title
Project No. 5213
(Use of City form
is required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No Telephone (
CORPORATION:
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title: Date:
Project No. 5213
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. to
, the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor
Contractor:
Title:
Date:
By:
Project No. 5213
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
J•
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 5213
EXHIBIT A
SCOPE OF SERVICES
Project No. 5213
EXHIBIT B
SCHEDULE OF PERFORMANCE
The schedule to complete this project is 100 working days with liquidated damages of $2,000 applied per day beyond that working day limit. The City shall issue two (2) Notices to Proceed (NTP) to the Contractor. The first NTP will be issued to direct the Contractor to procure and order all long lead item materials and equipment in advance of the start of work. Once delivery dates from manufacturers or material suppliers have been provided to the Contractor, the City shall issue a second NTP to commence construction of the improvements in coordination with the planned delivery dates of materials. Once started all work is to be completed within the 100 working day limit.
Project No. 5213
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
Workers Compensation & Employers Liability Insurance
• Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence Of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent.
• Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The
Project No. 5213
General Aggregate shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a
Project No. 5213
subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
Project No. 5213
• CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of California.
F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
Project No. 5213
G. Documentation
• The Certificate of Insurance shall include the following reference:
Placentia Public Safety Center Butler Building Interior Tenant Improvement, City Project No. 5213
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 5213
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Project No. 5213
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.
SECTION C
PROPOSAL
for the
PLACENTIA PUBLIC SAFETY CENTER
BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS
CITY PROJECT NO. 5213
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within One Hundred (100) working days, starting from the date of the second Notice to Proceed or liquidated damages of $2,000 per day will be applied.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the lump sum price set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of ninety days from the bid opening date. If at such time the contract is not awarded, the CITY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void.
Accompanying this PDF proposal of bid, find Bidder's bond in the amount of $1,640,000.0@vhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice C-1
Inviting Sealed Bids, payable to the CITY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
Date Received
Bid er's S' nature
#1
06/12/2023
C-2
PLACENTIA PUBLIC SAFETY CENTER PROJECT
BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS
CITY PROJECT NO. 5203
BID SCHEDULE
ITEM
NO.
ITEMS DESCRIPTION
QUANTITY
UNIT
TOTAL
1. Tenant Improvements, complete in -
place, per approved plans and technical
specifications and coordinated
installation with material and equipment
vendors.
1 LS
$1,646,000.00
TOTAL BID PRICE WRITTEN IN FIGURES: $ 1,646,000.00
TOTAL BID PRICE WRITTEN IN WORDS: One million six hundres forty six thousand dollars and zero cent.
BIDDER'S NAME AND ADDRESS: LOENGREEN INC
4728 Commonwealth Ave,
La Canada, CA 91011
C-3
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
LOENGREEN INC
Bidder Name
4728 Commonwealth Ave
Business Address
La Canada
CA 91011
City,
(833 ) 655-2278
State Zip
Telephone Number
1036448 / Class B
State Contractor's License No. and Class
03/02/2018
Original Date Issued
03/31/2024
Expiration Date
The work site was inspected by Jeong Won Hong of our office on June 16 , 2023 The following are persons, firms, and corporations having a principal interest in this proposal:
Jeong Won Hong/ President
C-4
The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
LOENGREEN INC
Company Name \
Signature of Biddi
Jeong Won Hong
Printed or Typed Signature
Subscribed and sworn to before me this _ day of . 2023
See Attached
NOTARY PUBLIC
NOTARY SEAL
-5
J U RAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ►mss A-4-eires
Subscribed and sworn to (or affirmed) before me on this j 6 day of 2013 by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature
♦
BRYAN S. CHOI
Notary Public • Callfornla
Los Angeles County
Commission # 2414757
My Comm. Expires Sep 26, 2026
(Seal)
OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
T
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages 2- Document Date
Additional information
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS
The wording of all Jurats completed In Califomia after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this fomr, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed.
Print the name(s) of the document signer(s) who personally appear at the time of notarization.
• Signature of the notary public must match the signature on file with the office of the county clerk.
• The notary se& impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form.
• Additional information Is not required but could help to ensure this jurat is not misused or attached to a
different document.
• Indicate title or type of attached document. number of pages and date.
• Securely attach this document to the signed document with a staple.
Listed below are the names, address, and telephone numbers for three references, public or private.
At least one of these projects shall have the below criteria:
Bidder has completed at least one (1) $1,500,000 Tenant Improvement Project within the last 3 years.
Additionally, by signing below, Bidder attests that they have had a gross revenue of at least $7,500,000 per year for the last 3 years.
Signed:
1. Jay Hwang/ Lee's Discount Liquor
Naive and Address of Public Agency
Naive and Telephone No. of Project Manager: Jay Hwang/702-683-1488 $3,450,000.00
Contract Amount
Ground up and TI
Type of Work
2. Jenny Chai/ Mr. BBQ
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
11/15/2021
Date Completed
Jenny Chai/714-323-2191
$1,650,000.00 Tenant improvement
Contract Amount Type of Work
3. Jay Hwang/ Lee's Discount Liquor
Name and Address of Public Agency
10/15/2022
Date Completed
Name and Telephone No. of Project Manager: Jay Hwang/702-683-1488 $1,850,000.00
Contract Amount
Commercial building addition and TI
09/08/2021
Type of Work Date Completed
C-6
LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion
of Work
Name and Address of Subcontractor
State License
Number
Class
HVAC
Anderson Air Conditioning LP
1872 N Case Street, Orange,CA 92865
1075333
C-20
Plumbing
CAL TECH FIRE IN /
11450 RUGGIERO AOVE, SY MARCCA 91342
1049420
C-36
Electrical
Wakeland Electric, Inc
12803 Temescal Canyon Rd, STE E, Corona, CA 92883
1063245
C-10
Fire Protection
Qualco Fire Protection, Inc
10310 PIONEER BLVD #2, SANTA FE SPRINGS, CA 90670
786012
C-16
Fire alarm
Advanced Alarm & Fire Inc
8724 Millergrove Dr., Santa Fe Springs, CA 90670
750871
C-10
Masonry
Granstrom Masonry, Inc
PO Box 7041, Torrance, CA 90504
629489
C'29
Data Cable
All Pro Communication Technologies, Inc
2401 PINE STREET, POMONA, CA 91767
789903
C-10
Security system
Enterprise Security, Inc
22860 Savi Ranch Pkwy, Yorba Linda, CA 92887
821590
C-7, C-28
Steel erection
Asia General Contractings, Inc
403 E Carlin Ave, Compton, CA 90222
932915
C-51
Painting
Gregco Painting Inc
9375 Archibald Ave Unit 401, Rancho Cucamonga, CA 91730 918667
C 33
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-7
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Jeong Won Hong being first duly sworn, deposes and says that he or she is President of LOENGREEN INC the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from. bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, conununication, or conference with anyone to fix the bid price, or 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 in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sharp bid.
LOENGREEN INC
Name of Bidder
Signature of dder
4728 Commonwealth Ave, La Canada, CA 91011
Address of Bidder
Subscribed and sworn to before me this day of 2023.
NOTARY PUBLIC
See Attache, SEAL
C-8
♦ _
J U RAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Lo c kre`A-el-e$
Subscribed and sworn to (or affirmed) before me on this l6 day of 7U"^ -� 20 .13 by UQ L9ov 1404A0_
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
BRYAN S. CHOI ■
Notary Public • California
Los Angeles County
Commission # 2414757
My Comm, Expires Sep 26, 2026
OPTIONAL INFORMATION
INSTRUCTIONS
The wonting of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the faithfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. (Title or description of attached document)
(Title or description of attached document continued)
Number of Pages I Document Date v6 r IC /.0
Additional information
2015 Version www.NotaryClasses.com 800-873-9865
• State and county information must be the state and county where the document signer(s) personally appeared before the notary public:
• Date of notarization must be the date the signer(s) personally appeared which must also be the same 'date the jurat process is completed.
• Print the name(s) of the document signer(s) who personally appear at the time of notarization.
• Signature of the notary public must match the signature on file with the office of the county clerk.
• The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form.
Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
• Securely attach this document to the signed document with a staple.
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PLACENTIA PUBLIC SAFETY CENTER PROJECT BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.
LOENGREEN INC
Contractor
Jeong Won Hong/ President
Title
Date: 06/16/2023
C-9
WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
LOENGREEN INC
Contractor
Jeong Won Hong/ President
Title
Date: 06/16/2023
C-10
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the CITY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
LOENGREEN INC
Contractor
Jeong Won Hong/ President
Title
Date: 06/16/2023
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the CITY upon request.
C-11
DESIGN ENGINEER MAY NOT BID ON
CONSTRUCTION CONTRACT
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons(s), through joint ownership or otherwise.
ACKNOWLEDGED this 16 day of June , 2023 at
Los Angeles, California
Aut rized Signature
President
Position
LOENGREEN INC
Company
C-12
NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.
ACKNOWLEDGED this 16 day of June
Autho Signature
President
Position
LOENGREEN INC
Company
2023, at Los Angeles, California
C-13
ized
PLACENTIA PUBLIC SAFETY CENTER PROJECT
BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS
CITY PROJECT NO. 5213
BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS,
That Loengreen, Inc. , as PRINCIPAL, and
Developers Surety and Indemnity Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of said SURETY here under exceed the sum of $ Ten Percent of Total Amount Bid (10% of Bid) ,
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above -mentioned bid to the City of Placentia for certain construction for which bids are to be submitted via Planet Bids on June 16, 2023, for:
PLACENTIA PUBLIC SAFETY CENTER PROJECT
BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS
CITY PROJECT NO. 5213
NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
C-14
PLACENTIA PUBLIC SAFETY CENTER PROJECT
BUTLER BUILDING INTERIOR TENANT IMPROVEMENTS
CITY PROJECT NO. 5213
In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 13th day of June 2023.
PRINCIPAL SURETY
BY:
BY:
Loengreen, Inc. /4014
woo
prey dP�ct-
Title
Title
(SEAL)
Developers Surety and Indemnity Company
Rebecca Haas -Bates, Attorney -in -Fact
17771 Cowan Suite #100, Irvine, CA 92614
Address
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and - signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seat-:
affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by al1' persons having an interest in the business, and the fictitious name must be signed also. A11 bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item '7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.
C-15
BID BOND
ACKNOWLEDGMENT OF SURETY
** Please See Attached **
STATE OF
)
ss
County of
On this day of , 2023, A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for County, State of
known to me to be the of the corporation
that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. (Notary Public, Judge or Other Officer)
C-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 06/13/2023 before me, Alma Karen Hernandez, Notary Public Date
Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameN,of Signer(`sl
who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/aie subscribed to the within instrument and acknowledged to me that fie/she/they( executed the same in leis/her/their authorized capacity(), and that by his/her/thair signature -on the instrument the person(,. or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
ALMA KAREN HERNANDEZ
Notary Public - California
Orange County
Commission # 239090E
My Comm. Expires Jan 16, 2026
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bid Bond Document Date:
Number of Pages: Three(3) Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Baas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual Gil Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Developers Surety and Indemnity Company
06/13/2023
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
POWER OF ATTORNEY FOR
COREPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane, 43rd Floor, Ncw York, NY 10038
(212)220-7120
KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE. COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint:
William Syrkin, Richard Adiar, and Rebecca Haas -Bates
, of
rvine. CA
as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective June 13, 2023 and shall expire on December 31, 2025
This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directorsol'COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023.
RESOLVED. that Sam Zaza. President, Surety Underwriting James Bell. Vice President. Surety Underwriting and Craig Dawson. Executive Underwriter.
Surety each an employee of AmTrust North America, Inc.. an affiliate of the Company (the "Authorized Signors"). are hereby authorized to execute a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company. bonds, undertakings and contracts of suretyship. or other suretyship obligations; and that the Secretary or any Assistant Secretary or the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney.
RESOLVED. that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of'the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile. and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be sighed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 . `zr ;....„`..;!..U.f!:,:live,„,t. ..` �.( AND/ ••,`:v�P/�q : JQ GORPOR,y a��' iai• •
SEA •
•L:�: co 1936
v ...
4FCA,mpA.•• ZO�. '•.. C/FORa.P��O::
By:
Printed Nat t. San %aza`
Title: President, Surety Underwriting
ACKNOW LEDGEMENT:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.
STATE OF California
COUNTY OF Orange
On this 27 day or March . 2023 . before inc. Hoang-Quven Phu Pham personally appeared Sam Zaza who proved to me on the basis ofsatisf'actory evidence to be the person whose name is subscribed to within the instrument and acknowledged to nt: that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted. executed this instrument.
I certify, under penalty of perjury- under the laws of the State of California WITNESS my hand and official seal.
Signatur
CORPORATE CERTIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURFIN ANC) INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification.
that the foregoing paragraph is true and correct.
4 L O• N -N HOANG-QUYEN P. PHAM
S;i .,. Notary Public - California
• ,rt Orange County
••••ATnq / Commission # 2432970
\�lr •"/My Comm. Expires Dec 31, 2026
By
This Certification is executed in the City of Cleveland. Ohio, this March 19. 2023. (-DocuSlgned by:
ban ti -S
`-69641 7ADE546C._
DocuSignEnvelopeID:33526FD6-5E9D-4796-837E-C 1 E455E6530F Barry W. Moses, Assistant Secretary
POA'No. N/A
Ed. 0323
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
06/27/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CAL-KOR Insurance Services
3255 Wilshire Blvd
Ste 1500
Los Angeles CA 90010
CONTACT mktdir
NAME:
PHONE ( 213) 387-5000 FAX (213)388-8595
(A/C, No, Ext): (NC, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: United National Insurance Company
13064
INSURED
Loengreen Inc.
4728 Commonwealth Avenue
La Canada CA 91011
INSURER B : Scottsdale Insurance Company
41297
INSURER C : SCIF
35076
INSURER D :
INSURER E :
INSURERF:
COVERAGES
CERTIFICATE NUMBER: CL2311852396
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DDIYYYY)
POLICY EXP
(MM/DDIYYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
Y
CSC0000359
01/14/2023
01/14/2024
EACH OCCURRENCE
$ 1,000,DAMAGE
CLAIMS -MADE X OCCUR
T 000
RENTED
PREMISESOEa occurrence)
$ 50,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT _
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OPAGG
2,000,000
$
$
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
B
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
Y
Y
XBS0174870
01/14/2023
01/14/2024
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
DED
X
RETENTION $ 25,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
Y
NIA
Y
92441452023
01/12/2023
01/12/2024
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1 ,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
D
Pollution Liability
Y
Y
CSC0000359
01/14/2023
01/14/2024
Each Occurrence
Aggregate
$ 1,000,000
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) * 30 -day notice for cancellation or non -renewal of any policies above. The certificate holder is named as additional insured.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 East Chapman Avenue
Placentia
CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
'4`� O® CERTIFICATE OF LIABILITY INSURANCE
DATE
61271202 (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Y W Kim Inc. dba Vegas Insurance Group - NV
6376 Spring Mountain Road Suite 7
Las Vegas NV 89146
CON TACT Se Kim
NAME:
FAX
(A/C, No, Ext): (702) 331-7500 (NC No): 7023317503
ADDRE ve asinsurance83 cugmail.com
ADDRESS: $ Ge
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: UNITED FNCL CAS CO
11770
INSURED
Locngrcen Nv LLC
6268 Spring Mountain Rd #11 0C
Las Vegas NV 89146
INSURER B
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
AUULSUUK
INSD
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY I_XP
(MM/DWYYYY)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S
CLAIMS -MADE
OCCUR
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL 8 ADV INJURY
$
GEN'L
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
$
A
AUTOMOBILE
-
XHIRED
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
AUTOS ONLY
y
A
A
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
01598261
01/05/2023
01/05/2024
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
S
PROPER IY DAMAGE
(Per accident)
UMBRELLA LIAB
EXCESS LIAB
_
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION S
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
y / N
N / A
PER
STATUTE
O1H-
ER
E.L, EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED
CERTIFICATE HOLDER
City of Placentia
401 East Chapman Avenue
Placentia CA 92870
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
5E WON KIM
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: CSC0000359 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location' s) Of Covered Operations
Any person or organization to whom the Named Insured
has agreed by a fully executed written contract that such person or organization be added as an Additional
Insured, but only with respect to operations performed
by or on behalf of the Named Insured and only with
respect to occurrences subsequent to the making of
such fully executed written contract otherwise covered
by this insurance
Where specified by fully executed written contract.
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
CG 20 10 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 2
POLICY NUMBER: CSC0000359
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 10 04 13
© Insurance Services Office, Inc., 2012 Page 2 of 2
POLICY NUMBER: CSC0000359 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Any person or organization to whom the Named
Insured has agreed by a fully executed written contract that such person or organization be added as an
Additional Insured for Completed Operations
Coverage, but only with respect to operations
performed by or on behalf of the Named Insured and
only with respect to occurrences subsequent to the
making of such fully executed written contract
otherwise covered by this insurance.
Where specified by fully executed written contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 37 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: CSC0000359 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
- OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PART LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 12 19
© Insurance Services Office, Inc., 2018
This endorsement, effective: 01/14/2023
(at 12:01 A.M. standard time at the address of the Named Insured as showing in the Declarations) forms a part of Policy No: CSC0000359
Issued to: Loengreen Inc. dba Loengreen NV LLC
By: United National Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to SECTION IV -CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products completed operations hazard" provided you have agreed to do so in writing in a contract or agreement with that person or organization.
All other terms and conditions of the policy apply.
EPA -1719 (01/2014)
Includes copyrighted material of ISO Commercial Risk Services, Inc. with its permission. Copyright, ISO Commercial Risk Services, Inc.
RESOLUTION NO. R-2023-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Fund
FY 22-23
Carryforward
Public Works
0010-3001
$4,504,404.84
Decrease
General Fund
FY 22-23
Carryforward
Public Works
105213-6850
$4,504,404.84
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 11th DAY OF JULY 2023.
Resolution R-2023-55
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-55
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JULY 11, 2023
SUBJECT: ACCEPTANCE OF CONSTRUCTION WORK, NOTICE OF COMPLETION AND APPROVAL OF CONTRACT CHANGE ORDER NO. 3 FOR PHASE I OF THE PLACENTIA PUBLIC SAFETY CENTER PROJECT, CITY PROJECT NO. 5213 FISCAL
IMPACT: EXPENSE: $1,324,000.00 ORIGINAL CONSTRUCTION CONTRACT S 445,921.61 CONTRACT CHANGE ORDERS
$1,769,921.61 TOTAL CONSTRUCTION COST
BUDGETED:
SUMMARY:
6,250,000 FY 23-24 CIP PROJECT BUDGET
On January 10, 2023, the City Council approved a construction contract with TTS Engineering, Inc., to construct Phase I of the Placentia Public Safety Project. The construction portion of this phase of the project has been completed and a Notice of Completion is presented to the City Council for its consideration and approval. During the course of construction, three (3) contract change orders were needed as a result of a number of unforeseen conditions encountered during the course of construction. This action concludes the Project and authorizes the filing of the Notice of Completion with the County Clerk -Recorder's Office.
RECOMMENDATION
It is recommended that City Council take the following actions:
1. Accept the work performed by TTS Construction, Inc., for Phase I of the Placentia Public Safety Center Project, City Project No. 5213 for a grand total amount of $1,769,921; and
2. Authorize the City Administrator to approve Contract Change Order No. 3 in the amount of $328,755.43; and
3. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
4. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
1.k.
July 11, 2023
City Council Agenda
July 11, 2023
STRATEGIC PLAN STATEMENT:
This agenda item conforms to Strategic Planning Goal and Objective 5.4, Construct the Placentia Public Safety Center.
DISCUSSION:
On January 10, 2023, the City Council approved a contract with TTS Engineering, Inc., to construct Phase I of the Placentia Public Safety Center. The scope of work for this phase of the project entails demolition and grading of the project site, subsurface utilities and storm drain systems, construction of a new retaining wall system and the foundation for the steel Butler Building. During the course of construction, there were a number of unknown conditions discovered during excavation work that resulted in changes to and extension of utility routes, removal of abandoned structures, changes to footing depths, installation of temporary power generators to keep the City Yard building and CNG Station energized during this phase of construction, and repair of subsurface utility lines. The first two change orders were approved by the City Administrator under his administrative approval limit with the third and final contract change order presented to the City Council for its consideration and approval.
This phase of the project has been completed to the satisfaction of the City's construction management team and City staff. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $1,769,921.61 and starts the 30 -day window to file claims against the contractor's retention payment.
FISCAL IMPACT:
The final cost to construct Phase I of the Placentia Public Safety Center amounts to $1,769,921.61. A total of $6,250,000 has been budgeted thus far for this project and sufficient funds exist for the recommended actions.
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Contract Change Order #3
2. Notice of Completion
Reviewed and approved:
Jennifer Lampman
Director of Finance
Contract Change Order No.3
City of Placentia
Placantla Public Safety Canter Phase 1
TTS Engineering, Inc.
JN: 2022-23
You are hereby directed to make the herein described changes from the plans and specifications or to do the following described work not included in the tans and s ecifications on this contract Description of work done, estimate of quantities and prices to be paid. 1 This Change Order provides:
a) Extra work as listed in Exhibit A and the detailed COR #23301-06, #23301-07, #23301-08, #23301-09, #23301-10, #23301 -11,#23301 -12,#23301 -13,#23301 -14,#23301 -15,#23301-16,#23301-17,#23301-18,#23301-19,#23301- 20, and COR #23301-21 in the attachments.
2 This Change Order came about from:
a) Due to the need for Contractor to A) add linear feet to the proposed sewer line per revised sheet C-6, B) perform additional exploratory work for the existing fire water line, C) mitigate site damage due to excessive rains, D) add footings to the Butler foundation design, E) install electrical and plumbing stub ups in the Butler slab, F) run SCE line deeper per revised SCE plans, G) install additional linear footage to SCE lines per revised SCE plans, H) install new manholes per RFI #7, I) MWD sewer Investigation and repair damage to an unmarked fire water line, J) install more linear feet to the fire and domestic water lines based on actual locations vs. what is shown on plan, K) adjust sewer lines in Butler pad per conflict with footings, L) remove and dispose of abandoned slurry -filled vault, M) rent the generator past the original 56 days, N) extend General Conditions, O) adjust concrete fors due to stair relocation, and P) excavate footing pads further due to anchor bolt depth adjustment. 3 Action to be taken:
a) The Contractor was directed to perfor the additional work items accordingly. 4 Compensation
a) Adjustment of Line Items exceeding 25%
b) Extra work
d) Credits
Total
$ 328,755.43
$ 328755.43
5 Contract Time Extension
a) ft is agreed that there has been delay to the project. The time extension has been agreed at 13 working days. The end date is now 6/23/23.
In addition to work specified in the bid specifications, this change order includes all extra work, field adjustments and credits. This work is an Contractor initiated change and includes all labor, equipment, materials, and supervision and Administration.
CHANGE TO CONTRACT COST: CHANGE TO CONTRACT TIME:
Contract Amount $1,324,000.00
Previous CCOs: $ 117,166.18
Adjustment of Line Items
Exceeding 25% $
Total Extra Work $ 328,755.43
Total Field Adjustments $ -
Total Credits $
Changes in Line Items: $ 445.921.61
Current Contract price: $ 1,769,921.61
Prepared by:
Recommended:
Recommended:
Approved by:
13 Working Days
Danny Kaye; Senior Project Manager, Totum Consulting
Project Manager, City of Placentia
Luis Estevez, P.E., Director of Public Works/ City Engineer, City of Placentia Damien Arrula, City Manager, City of Placentia
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal, is approved, that we will provide all equipment, furnish all materials, except as may otherwise be shown above
Accepted:
Kyle Wagner
Kyle Wagner , Project Manager, TTS Engineering, Inc.
If the Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
CCO No.3 Exhibit 'A'
Placentia Public Safety Center Phase 1
Owner: City of Placentia
Contractor: TTS Engineering, Inc.
RBF JN: 2019-20
PCO No., EW,
or CREDIT
Description
Bid
Actual
%
Comments
CREDIT
EXTRA
23301-06
Added sewer per revised C-6 EXCLUDES MWD
4.6%
See attached PCO
-
$ 60,252.88
23301-07
Extra exploratory work for fire water per RFI-06
1.8%
See attached PCO
$ 23.447.94
23301-08
Rain water mitigation / removal. Negotiated
1.0%
See attached PCO
$ 12,867.31
23301-09
Added Footings
2.7%
See attached PCO
$ 35,868.74
23301-10
Interior plumbing 8 electric
1.8%
See attached PCO
$ 23,385.16
23301-11
SCE redesign changes. added depth
0.6%
See attached PCO
S 7.778.13
23301-12
Added conduit SCE
1.4%
See attached PCO
$ 19,019.12
23301-13
Storm drain manholes RFI#17
0.7%
See attached PCO
$ 9,373.35
23301-14
Repair Fireline MWD Building
1.3%
See attached PCO
$ 17,684.76
23301-15
Added fire and water line
1.7%
See attached PCO
S 22,235.17
23301-16
Move sewer inside building
1.8%
See attached PCO
$ 23,633.53
23301-17
Repave slurry filled abandoned vault
0.9%
See attached PCO
$ 11,300.81
23301-18
Added generator rental
3.8%
See attached PCO
S 50,000.00
23301-19
General Conditions due to delays #2
0.2%
See attached PCO
$ 3,290.17
23301-20
Adjust forms due to stair relocation
0.3%
See attached PCO
$ 4,087.02
23301-21
Additional pad footing excavation
0.3%
See attached PCO
$ 4,531.34
Sum of Line Item Adjustments
$ -
S328,755.43
Cost of Line Item ad'ustments
$ 328,755.43
Change in Contract Cost $ 328,755.43
Project Cost
10% of Project Cost $
$1,324,000.00
132,400.00
Sub A
%A
$
328,755.43
24.83%
A'I /!//Ind NY, JIAI\\\`'''/.r/ft///w&\\\\\v////f/1f11\��lll\� JJ!/lll/ftA% \\t� 0 0 00 00000000 00000M0000000
r
Name
Street
Address
City &
State
L
City Clerk
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
J
City Council Approval:
000 IKIIH 0 00]O L0000000OU CIII IOHILOill[00
Free Recording Per Government Code Section 27383 & 6103.
NOTICE OF COMPLETION
Deputy City Clerk
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Placentia
3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870
4. The nature of the interest or estate of the owner is: In fee.
N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAME& ADDRESSES
N/A
6. A work of improvement on the property hereinafter described was completed on June 6, 2023. The work done was:
Phase I of the Placentia Public Safety Center. The work included demolition and site cradinc, subsurface utility installation, storm drain system and infiltration basins, new retaininc wall and the foundation for a steel Butler Buildinc.
The name of the contractor, if any, for such work of improvement was TTS Encineerinc, Inc.
7. 10731 Chestnut Avenue, Stanton, CA 90680 1/10/2023
(If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Placentia County of Orance , State of California, and is described as follows: Phase I Placentia Public Safety Center, City Pro'ect 5213
9. The street address of said property is 2999 E. La Jolla Avenue, Anaheim, CA 92806 (If no street address has been officially assigned. insert "none".)
CITY OF PLACENTIA
Dated: July 11, 2023
Verification for Individual Owner
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
000 0000 0 000 0 0
I, the undersigned, say: I am the City Administrator, Damien R. Arrula the declarant of the foregoing ("President of", "Manager of", "Owner of", etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 2023, at Placentia , California.
(Date of Signature.) (City where signed.)
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
NOTICE OF COMPLETION - WOLCOTTS FORM 1114 - REV. 6-74
8 pt. type or larger
ATTACHMENT 2
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JULY 11, 2023
SUBJECT: ACCEPTANCE OF CONSTRUCTION WORK AND NOTICE OF COMPLETION
FOR THE CITYWIDE TRAFFIC SAFETY IMPROVEMENT PROJECT, CITY PROJECT NO. 2908
FISCAL
IMPACT: EXPENSE: $ 1,283,450.00 ORIGINAL CONSTRUCTION CONTRACT S 43,973.85 APPROVED CHANGE ORDERS
$ 1,327,423.85 TOTAL CONSTRUCTION COST
BUDGETED: $ 1,567,742.47 FY 2021-22 & 2022-23 CIP PROJECT BUDGET SUMMARY:
On July 20, 2021, the City Council awarded a construction contract in the amount of $1,283,450 to Baker Electric, Inc. (Baker) for the Citywide Traffic Safety Improvement Project. The project includes traffic signal safety enhancements at five (5) intersections throughout the City, that was fully funded by the federal Cycle 9 Federal Highway Safety Improvement Program ("HSIP").
The California Department of Transportation (Caltrans) is the agency tasked with overseeing the administration of Federal transportation grant funds throughout the State. There were a number of change orders issued for this project that total $75,625.79. These change orders covered a number of unforeseen conditions that were encountered during construction. The total balance on all of the change orders approved by the City in addition to the bid item adjustments and applied Liquidated Damages (LDs) amount to $43,973.85, which was under 10% and as such, was within the City Administrator's approval limit. All work by Baker has successfully been completed and this action concludes the project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $1,327,423.85.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Accept the work performed by Baker Electric, Inc. for construction of the Citywide Traffic Signal Improvement Project (HSIP Cycle 9) for a total amount of $1,327,423.85; and
1.1. July 11, 2023
City Council Agenda
July 11, 2023
2. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
3. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
DISCUSSION:
On December 20, 2018, Caltrans approved the City's grant application to the Federal HSIP for Cycle 9 funding that provides 100% funding for traffic safety improvements at five (5) intersections throughout the City. Caltrans is the agency tasked with overseeing the administration of Federal transportation grant funds throughout the State. On July 20, 2021, the City Council awarded a construction contract to Baker Electric, Inc. for this project in the amount of $1,283,450. The proposed traffic safety improvements included signal hardware updates, the addition of protected left -turn signals, LED intersection safety lighting improvements, larger and more visible signal lenses, and other physical improvements to the roadway.
Through the course of construction, there were ten (10) change orders issued for this project that total $75,625.79. The change orders were for additional accessible curb ramps and reflective traffic signal back plates that were not part of the original bid received from Baker, and a number of unforeseen underground conditions that were encountered during construction. Aside from the change orders, there were credits to the city for reduced quantities of some bid items, as well as applying liquidated damages in the amount of $500 per day for delays over the contract completion date. The final balanced change order was in the amount of $43,973.85, which was less than 10% of the total contract amount and was approved by the City Administrator under his administrative approval limit. The total construction cost of this work amounts to $1,327,423.85.
This amount includes the bid received by Baker in the amount of $1,283,450 and balanced change orders in the amount of $43,973.85. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $1,327,423.85.
FISCAL IMPACT:
The final construction cost for this work amounts to $1,327,423.85. This cost consists of the bid received from Baker in the amount of $1,283,450 and balanced change orders in the amount of $43,973.85, which was administratively approved by the City Administrator, as the City Council authorized him to approve change orders up to 10% of the construction contract. Sufficient funds are budgeted and available in the carryforward Fiscal Year ("FY") 2022-23 Capital Improvement Program Budget to cover this expense. As such, sufficient funds exist for the recommended actions.
City Council Agenda
July 11, 2023
Prepared by:
Kyra Tao
Transportation Manager
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved: Reviewed and approved:
Luis Estevez
Deputy City Administrator
Attachment:
Notice of Completion
Damien R. Arrula
City Administrator
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
• Name
Street
Address
City&
State
L
City Clerk
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
City Council Approval:
SPACE ABOVE THIS LINE FOR RECORDERS USE
Free Recording Per Government Code Section 27363 8 6103.
Interim Deputy Cily Clerk
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Placentia
3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870
4. The nature of the interest or estate of the owner is: In fee.
N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase,' or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES
N/A
6. A work of improvement on the property hereinafter described was completed on June 23, 2023. The work done was:
Citywide Traffic Sicnal Improvements Pro'ect - This work included sicnal hardware updates, the addition of protected left - turn sicnals, LED intersection safety lichtinc improvements, larger and more visible sicnal lenses, and other physical improvements at five intersections throughout the City.
The name of the contractor, if any, for such work of improvement was Baker Electric Inc.
7. 1298 Pacific Oaks Place, Escondido, CA 92029
(If no contractor for work of improvement as a whole, insert "none".) 07/20/2021
(Date of Contract)
8. The property on which said work of improvement was completed is in the city of Placentia County of Oranqe , State of California, and is described as follows: Citywide Traffic Sicnal Improvements Pro'ect
9. The street address of said property is "none"
Dated: July 11, 2023
Verification for Individual Owner
(If no street address has been officially assigned. insert "none".)
CITY OF PLACENTIA
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
1, the undersigned, say: I am the City Administrator, Damien R. Arrula the declarant of the foregoing ("President of", 'Manager or, "Owner or, etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 11
(Date of Signature.)
, 2023, at Placentia , California.
(City where signed.)
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
NOTICE OF COMPLETION - W OLCOTTS FORM 1114 - REV. 6-74
8 pt. type or larger
ATTACHMENT 1
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF HUMAN RESOURCES
JULY 11, 2023
AGENDA REPORT
SUBJECT: RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PLACENTIA AND THE PLACENTIA CITY EMPLOYEES'
ASSOCIATION
FISCAL
IMPACT:
SUMMARY:
FISCAL YEAR 2023-24 $ 738,872 (Estimated)
FISCAL YEAR 2024-25 S 416,036 (Estimated)
TOTAL $1,154,908
The City and the Placentia City Employees' Association (PCEA) have engaged in good faith labor negotiations and have reached terms on the wages, hours, and working conditions for their respective employees.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt Resolution R-2023-58 approving the terms between the City and the Placentia City Employees' Association (PCEA); and
2. Adopt Resolution No. R-2023-59, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
3. Authorize the City Administrator to execute a Memorandum of Understanding (MOU) based upon the terms for PCEA on behalf of the City, in a form approved by the City's Labor Counsel.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
1.m.
July 11, 2023
City Council Agenda
July 11, 2023
DISCUSSION:
The MOU between the City and the PCEA expired on June 30, 2023. City representatives have been in discussion with the labor group representatives during the past six months. Based upon City Council direction and with cooperation from the bargaining units, the negotiations process has been successfully completed between the City and the PCEA.
The terms for this MOU include the following compensation and benefit adjustments:
1. Term: July 1, 2023 — June 30, 2025
2. Compensation: 5% market rate adjustments for PCEA classifications effective the full pay period of July 2023 and 5% effective the full pay period of July 2024.
3. One -Time Compensation: All employees in paid status as of the approval and adoption of the MOU will receive a one-time 5%, non-PERsable bonus, based upon adjusted wages as of July 2023.
4. Holiday Closure: continue Holiday leave for the holiday closure for the term of the agreement.
5. Temporary upgrade pay adjusted from 5.4% to 5% to be consistent with other special assignment pays.
6. Add Public Safety Dispatchers and Dispatch Supervisors to Uniform Cleaning Allowance.
7. POST Certification pay for Public Safety Communication Dispatchers: $250 per year for Intermediate Certificate, $500 per year for Advanced Certificate.
8. Standby compensation increased from $150 to $250 per week.
9. Boot allowance for eligible employees increased from $225 to $325 per year.
10. Bereavement leave increased from 3 days to 5 days.
11. The City and Association agree to work with a City-wide committee to review and make recommendations for a revised Alternative Health and Wellness (AHW) program.
12. The City and Association agree to work with a City-wide committee for development of an employee paid, pre -funded post -employment retirement benefit program for employees hired after 1995.
13. Fair Labor Standards Act Compensation Time Off (FLSA CTO) accruals capped at a maximum of 195 hours effective the end of the contract term.
FISCAL IMPACT:
The total cost for the market rate adjustments is estimated to be:
Salary Increases
Increase Boot Allowance
Add Public Safety Dispatchers and Dispatch
Supervisors to Uniform Cleaning Allowance
5% One Time Payment (Base rate)
Increase standby Pay
Fiscal Year 23-24
$508,748
$3,725
Total
Fiscal Year 24-25
$405,861
$0
$1,250 $0
$219,949 $0
$5,200 $0
$738,872 $416,036
City Council Agenda
July 11, 2023
Funding for wage increases included in the FY23/24 Adopted Budget. Funding for One-time payment proposed to come from unassigned fund balance.
Prepared by:
Alice Burnett
Director of Human Resources
Reviewed and approved:
2 Rosanna Ramirez
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Resolution No. R-2023-58
2. Memorandum of Understanding
3. Resolution No. R-2023-59 — Budget Amendment
RESOLUTION NO. R-2023-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING A MEMORANDUM
OF UNDERSTANDING FOR THE PLACENTIA CITY
EMPLOYEES' ASSOCIATION FOR THE PERIOD JULY 1,
2023, THROUGH JUNE 30, 2025
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Director of Human Resources as designated lead negotiator has met and consulted in good faith with the representatives of the Placentia City Employees' Association (Association) on matters relating to wages, hours, and other terms and conditions of employment; and WHEREAS, said representatives of the City and the Association have reached tentative agreement and have jointly prepared a written M0U which is attached to this resolution and incorporated herein; and
WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Association; and
WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City.
The City Council of the City of Placentia does hereby resolve as follows:
Section 1: The Memorandum of Understanding for the Placentia City Employees' Association dated July 1, 2021, is hereby repealed. All previous and conflicting Memorandum of Understandings adopted for this purpose either by Resolution or by Minute order are repealed.
Section 2: This Resolution provides for salaries, benefits and other terms and conditions of employment applicable to the Placentia City Employees' Association as listed in the attached Memorandum of Understanding (Exhibit A).
Section 3: The Memorandum of Understanding applicable to the Placentia City Employees' Association effective July 1, 2023, and attached hereto is approved.
APPROVED and ADOPTED this 11th day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-58
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-58
PLACENTIA
Rich Heritage, Bright Future
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PLACENTIA
(CITY)
and
PLACENTIA CITY EMPLOYEES' ASSOCIATION
(PCEA)
July 1, 2023 — June 30, 2025
No. PCEA 23-25
Adopted July 11, 2023, Resolution No.
PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Placentia (hereinafter called "CITY") and the Placentia City Employees' Association (hereinafter called "PCEA") and shall apply to all the employees of CITY working in the job classes set forth in Appendix "A".
The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between representatives of CITY and PCEA. PCEA has recommended and its members have ratified all of the terms and conditions of employment as set forth herein. Staff officials of CITY recommend to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party.
Table of Contents
PREAMBLE 2
ARTICLE I - PCEA RECOGNITION 7
ARTICLE II - ASSOCIATION MEMBERSHIP & DUES 7
ARTICLE III - COMPENSATION 7
A. Compensation Adjustments 7
B. One -Time Compensation 7
C. Advancement Through The Salary Schedule 8
D. Salary on Promotion 8
E. Exceptional Merit Performance Pay 8
F. Payroll Processes 8
G. Class and Compensation Study 8
ARTICLE IV -SPECIAL ASSIGNMENT PAY 9
A. Temporary Upgrade Pay 9
B. Longevity Pay 9
C. Shift Differential 9
D. Public Safety Dispatcher — Lead Public Safety Dispatcher Assignment 10 E. Public Safety Dispatcher - Training Pay 10
F. Public Safety Dispatcher - POST Certification Pay 10 G. Bilingual Pay 10
H. Hazardous Clean-up 11
ARTICLE V - WORK SCHEDULES and HOURS OF WORK 11
A. Work Schedules & Hours of Work 11
B. Public Safety Dispatch Work Schedule 11
C. Public Safety Dispatch Working Group 13
D. Rest Periods 13
ARTICLE VI - STANDBY AND CALL BACK 13
A. Maintenance Division Standby 13
B. Community Services Standby 14
C. Court Standby 14
D. Emergency CaII Back 14
ARTICLE VII — OVERTIME 15
A. Overtime Definitions 15
B. Calculation of Overtime Payment 15
C. Compensatory Time Off 15
D. Employee Assignments 16
ARTICLE VIII — RETIREMENT 16
A. CalPERS Retirement System 16
B. Tierl-PERS2%@55 16
C. Tierll-PERS2%@60 16
D. PEPRA/NEWMEMBERS -PERS2%@62 17
ARTICLE IX - MEDICAL INSURANCE COVERAGE 17
A. Active Employees 17
B. Retiree Coverage 17
C. Medical Coverage Opt Out 18
D. Medical Re -Opener 19
E. Proposed Post Employment Retiree Medical Program 19
ARTICLE X - OTHER INSURANCE PROGRAMS 19
A. Short Term Disability and Long -Term Disability Plans 19 B. Life Insurance 20
C. Dental Insurance 20
D. Optical Insurance 20
ARTICLE XI - PAID TIME OFF (PTO) 20
A. New Employee Accrual 20
B. PTO Accrual 20
C. Accrual Eligibility 21
D. Use of Paid Time Off 21
E. Payment of PTO Upon Separation of Service 21
F. Denial of PTO Request Resulting in Inability to Use PTO 21 ARTICLE XII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) 22 A. Purpose of AHW/Sick Leave Program 22
B. Reasons for Use of AHW/Frozen Sick Leave 22
C. Request for Physician's Certification 22
D. Alternative Health and Wellness Leave/Program 22
E. Frozen Sick Leave 23
F. Reemployment 24
ARTICLE XIII - OPTIONAL ANNUAL LEAVE BUY DOWN 24
ARTICLE XIV - OTHER MEDICAL LEAVE 25
ARTICLE XV - BEREAVEMENT LEAVE 25
ARTICLE XVI - CATASTROPHIC LEAVE BANK 25
ARTICLE XVII - HOLIDAYS 26
A. Designated Holidays 26
B. Holiday Closure: 26
C. Floating Holidays 27
D. Holidays Observed 27
E. Holidays for Police Shift Employees, Public Safety Dispatchers and Public Safety Dispatch Supervisors 27
ARTICLE XVIII - EDUCATIONAL INCENTIVE PROGRAM 27
A. General Guidelines 27
B. Requirements and Conditions Education Incentive 28
C. Educational Incentive Compensation 29
ARTICLE IXX - TUITION AND BOOKS REIMBURSEMENT 29
ARTICLE XX - CLOTHING, UNIFORMS, TOOLS AND RELATED 30
A. Business Casual 30
B. Boot Allowance 30
C. Mechanic Tools 30
D. Uniforms 31
E. Uniform Cleaning Allowance 31
F. Uniform Allowance Reporting 31
ARTICLE XXI - CHANGE OF STATUS - LAYOFF 31
ARTICLE XXII - GRIEVANCE AND ARBITRATION PROCEDURES 32
A. Purpose 32
B. Matters Subject To Grievance Procedure 32
C. Informal Grievance Procedure 32
D. Formal Grievance Procedure 33
E. Conduct of Grievance Procedure 34
F. Arbitration 34
ARTICLE XXIII - PERSONNEL RULES and EMPLOYER EMPLOYEE RELATIONS 35 A. Personnel Rules 35
B. Disciplinary Action 35
C. Employer Employee Relations Resolution 36
ARTICLE XXIV — MISCELLANEOUS PROVISIONS 36
A. Probationary Period 36
B. Performance Evaluations 36
C. Leaves of Absence 36
D. Reclassification 37
ARTICLE XXV - SEVERABILITY CLAUSE 37
ARTICLE XXVI - TERM 37
SIGNATURES 38
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 1
APPENDIX "B" - 1995 INSURANCE BENEFITS CHANGES 2
APPENDIX "C"- CASUAL DRESS CODE 3
ARTICLE I - PCEA RECOGNITION
CITY hereby recognizes PCEA as the representative for all its members to the fullest extent allowable under California law applying to public employees. During the term of this Memorandum, no substantive issue of representation shall be raised contrary to this recognition; except that, during a period of time not more than ninety (90) days and not less than sixty (60) days prior to the termination of this Memorandum, any other representative may seek the status of recognition for the purpose of meeting and conferring on behalf of some or all of the employees covered by this Memorandum of Understanding (MOU). Nothing contained herein shall restrict the right of any employee to discuss individual problems of employment with CITY, provided that, upon request of the employee, the PCEA shall be kept informed and have the right to be present at all such meetings between CITY and the individual. Classifications represented by PCEA are listed in Appendix A of this MOU.
ARTICLE II - ASSOCIATION MEMBERSHIP & DUES
Upon written notice from the Association that the employee has authorized dues deduction, membership dues will be automatically deducted from an employee's pay and forwarded by the City to PCEA and OCEA pursuant to the written request for the distribution of deductions. Dues deductions begin at the beginning of the pay period following the City's receipt of notice from the PCEA.
ARTICLE III - COMPENSATION
Salary ranges for represented job classes in the bargaining unit shall be set forth in Appendix "A" attached to this MOU.
A. Compensation Adjustments
1. Effective the first full pay period following July 1, 2023, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent (5%) related to the change in the salary schedule.
2. Effective the first full pay period following July 1, 2024, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent (5%) related to the change in the salary schedule.
B. One -Time Compensation
All employees in paid status as of the approval and adoption of the MOU will receive a one-time, five percent (5%), non-PERSable compensation payment at base rate of pay.
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C. Advancement Through The Salary Schedule
Unit employees are eligible to advance one-step in the salary schedule after 6 months at Step A. Employees hired at a step above Step A, or after reaching Step B, are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with satisfactory job performance. For example, employees hired at Step B are eligible for movement to Step C after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards.
D. Salary on Promotion
Any unit employee promoted from one job class to a higher job class shall be placed at a salary step in the range of the higher job class which provides not less than a 5.4% salary increase.
E. Exceptional Merit Performance Pay
Effective January 1 of each year, certain employees in the general employee unit whose work performance is exceptionally meritorious and who have reached the "E" step of the salary range for their job class, may be designated by the appointing authority to receive Exceptional Merit Performance Pay differential of 5% above their regular salary rate. Such employees shall be so designated one year at a time and shall continue to receive the differential only if re -designated for each subsequent year.
The selection of employees to receive Exceptional Merit Performance Pay shall be at the sole discretion of the appointing authority of the City of Placentia. No issue of individual merit under this Section shall be subject to Grievance Procedures or Grievance Arbitration.
F. Payroll Processes
Unit employees will be paid on a bi-weekly basis.
G. Class and Compensation Study
The City shall conduct and complete a classification and compensation study of all PCEA represented classifications no later than December 31, 2024. Results from the market study shall be subject to meet and confer as part of any successor MOU negotiations (for the contract beginning on July 1, 2025).
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ARTICLE IV -SPECIAL ASSIGNMENT PAY
A. Temporary Upgrade Pay
Unit employees assigned to work in a higher classification for more than five consecutive days will receive a pay differential applied to their base rate of pay as temporary upgrade pay when assigned to perform the full range of duties in the higher classification. • Effective the beginning of the pay period following City Council approval of the MOU, the pay differential shall decrease from 5.4% to 5% to be consistent with other special assignment pays in this Article.
The parties agree, that to the extent permitted by law, the City shall report temporary upgrade pay for "classic" employees as special compensation to CaIPERS pursuant to CCR §571 (a)(3) Temporary Upgrade Pay. "New Members" as defined under the Public Employee Pension Reform Act (PEPRA) may receive the pay but it is not reportable as special compensation to CaIPERS.
B. Longevity Pay
Unit employees who have completed fifteen (15) years of service with the City of Placentia shall receive longevity pay of five percent (5%) of their base rate of pay for regular scheduled hours.
The parties agree, that to the extent permitted by law, the City shall report longevity pay as special compensation to CaIPERS pursuant to CCR §571 (a)(1) and CCR §571.1 (b)(1) Longevity Pay.
C. Shift Differential
Unit employees (except employees assigned to the Public Safety Communications Center) who are regularly assigned to the night shift will receive a shift differential of five percent (5%) of their base rate of pay for regular scheduled hours worked on the night shift.
Employees assigned to the Public Safety Communications Center who are scheduled to work the night shift shall receive a differential of five percent (5%) of their base rate for all hours worked on the night shift.
For employees assigned to the Public Safety Communications Center, night shift shall be defined as all hours worked between 6 p.m. — 6 a.m.
The parties agree, that to the extent permitted by law, the City shall report shift differential pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Shift Differential.
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D. Public Safety Dispatcher — Lead Public Safety Dispatcher Assignment A Public Safety Dispatcher who is regularly assigned to serve as a Lead Public Safety Dispatcher will receive Lead Worker Assignment Pay of five percent (5%) of their base rate of pay for regular scheduled hours worked in the lead assignment.
The parties agree, that to the extent permitted by law, the City shall report lead worker pay as special compensation to CalPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Lead Worker.
E. Public Safety Dispatcher - Training Pay
A Public Safety Dispatcher who is assigned to train another Public Safety Dispatcher will receive Training Assignment Pay of five percent (5%) of their base rate of pay for all hours worked.
The parties agree, that to the extent permitted by law, the City shall report training pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Training Premium.
F. Public Safety Dispatcher - POST Certification Pay
Public Safety Communication Dispatchers in possession of an Intermediate POST certificate will receive an annual payment of $250 paid the first pay period in July.
Public Safety Communication Dispatchers in possession of an Advanced POST certificate will receive an annual payment of $500 paid the first pay period in July.
It is the responsibility of the employee to provide proof of certification to Human Resources prior to the last period in June.
G. Bilingual Pay
1. Certain employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the City Administrator to receive Bilingual Pay of $175 per month.
2. The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. The department head shall recommend to the City Administrator employees who should be considered for bilingual pay. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.
PCEA MOU 2023 - 2025 10
3. The parties agree, that to the extent permitted by law, the City shall report bilingual pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Bilingual Pay.
H Hazardous Clean-up
The parties agree to develop a policy related to hazardous clean-up assignments. CITY agrees that unit employees will not be required to respond to hazardous clean-ups without proper training or appropriate personal protective equipment (PPE).
ARTICLE V - WORK SCHEDULES AND HOURS OF WORK
A. Work Schedules & Hours of Work
Unit employees (except Public Safety Dispatcher) are assigned a 4/10 work schedule.
The work schedule includes four consecutive ten-hour workdays followed by three consecutive days off (unless otherwise noted). Each employee has a seven-day FLSA workweek.
Hours of work are assigned as follows:
• Maintenance: 6:00 a.m. - 4:30 p.m., Monday - Thursday - (1/2 hour unpaid lunch) • Custodians: 1:00 p.m. - 11:30 p.m., Monday — Thursday — (1/2 hour unpaid lunch) • PD PSO: 6:00 p.m. - 4:00 a.m. or 8:00 a.m. - 6:00 p.m. (1/2 hour paid lunch) • PD Property Technician and Police Services Supervisor— Property - 6:00 a.m.-4:30p.m. (1/2 hour unpaid lunch)
• Parking Control Officer - 7:00 a.m. - 5:00 p.m. Sun., Mon., Wed., and Friday) (1/2 hour paid lunch)
All Other Unit Employees:
• 7:15 a.m. - 6:15 p.m., Monday - Thursday - (1 hour unpaid lunch) Employees receiving a paid lunch must remain at the worksite to be available to respond or continue working when staffing is needed.
All other work schedules or hours of work would require the Alternative Work Schedule Request Form to be submitted and approved by the City Administrator.
B. Public Safety Dispatch Work Schedule
1. Public Safety Dispatchers and the Police Services Supervisor - Dispatch may be assigned to the 4/10 or the 3/12 work schedule.
a. The 4/10 work schedule includes four consecutive ten-hour workdays followed by three consecutive days off in each workweek.
PCEA MOU 2023 - 2025 11
b. The 3/12 work schedule includes three consecutive 12 hour shifts in each workweek. In alternate workweeks, employees work an eight -hour day. The seven-day FLSA workweek begins four hours into the alternating eight -hour workday.
c. When feasible, the City may offer either work schedule to unit employees or may elect to have all Public Safety Dispatchers work the same work schedule. d. Public Safety Dispatchers and the Dispatch Supervisor have a paid thirty - minute meal period. The City may purchase meals for dispatch employees when funding is available in the City budget.
e. Hours of work for each work schedule are determined by the Public Safety Communications Supervisor and Deputy City Administrator. Public Safety Dispatchers may sign up for work shifts under the following guidelines:
i. Shift sign-ups are available based on seniority within the Public Safety Dispatcher classification.
ii. When there is a dispute regarding shift assignment or shift availability, seniority shall be considered as the predominant deciding factor in shift assignment.
iii. The Public Safety Communications Supervisor retains discretion to modify shift selection/assignment when he/she believes the shift assignments should be changed to ensure adequate distribution of dispatch experience and allocation of staff to best serve the public.
2. In order to ensure adequate notification for mandatory overtime, PCEA agrees that all Public Safety Dispatchers shall submit requests for PTO time off at least two (2) weeks in advance of time off requested.
3. To fill mandatory overtime slots to meet minimum staffing requirements, PCEA agrees to the following priority list for overtime sign-up:
a. Relief Public Safety Dispatchers - Overtime will be offered first to part-time "Relief Public Safety Dispatchers"; then if overtime slots are not adequately filled, b. Full -Time Public Safety Dispatchers - Overtime will be offered to full-time Public Safety Dispatchers; then if overtime slots are not adequately filled, c. Full -Time Public Safety Dispatcher or Supervisor Mandate.
4. To fill overtime using full-time Public Safety Dispatchers, PCEA agrees to follow Department Policy regarding emergency hire back.
5. Public Safety Dispatchers who are scheduled to work an Overtime shift and subsequently have the Overtime shift cancelled with less than 24 -hours' notice shall receive two (2) hours of regular pay for each occurrence.
PCEA MOU 2023 - 2025 12
6. The members of PCEA agree to cooperate to the fullest possible extent in voluntary sign-up for "hireback" and other overtime. Work scheduling shall be at the sole discretion of CITY, after consulting with PCEA.
7. Shift rotation shall be conducted in accordance with Department policy.
8. CITY and PCEA representatives shall work on the development of a policy to memorialize a process for shift trades.
C. Public Safety Dispatch Working Group
City and PCEA agree to establish a working group to meet quarterly to discuss issues impacting Public Safety Dispatchers including staffing and break coverage. The working group will include the Public Safety Communications Manager and/or Deputy City Administrator, PCEA's representative and up to two Public Safety Dispatchers.
D. Rest Periods
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift when feasible. The scheduling of the rest breaks shall be the responsibility of the employee's supervisor. Rest periods cannot be combined or used at the beginning/end of the work shift.
ARTICLE VI - STANDBY AND CALL BACK
A. Maintenance Division Standby
1. The purpose of standby is to provide immediate response capability in case of unexpected call -out for maintenance, repair or restoration of public facilities, or removal of hazardous object, requiring action by maintenance forces of the Maintenance Services Department.
2. The operation of the Maintenance Services Department will be scheduled so as to place Maintenance Workers and Maintenance Crew leaders on a rotating schedule whereby employees serve in a standby capacity during off -duty hours for seven (7) consecutive days. Only one employee from the Maintenance Services Department will be assigned to standby during any such period.
3. City agrees to create a Maintenance Department standby duty schedule consisting of employees who volunteer for standby duty, and to provide a "cell phone" for the Maintenance standby employee. City retains the right to assign mandatory standby duty to any employee in the event insufficient employees volunteer. 4 Assignment of unit employees' personnel to standby status requires the unit employee to be available for and to respond to emergency duty at any time during the seven -(7) day period for which he/she has been assigned. The individual assigned is expected to respond to any emergency call -out which is requested by employee's department supervisor.
PCEA MOU 2023 - 2025 13
5. The employee assigned by the Maintenance Services Department to standby status shall receive standby pay per week for serving seven (7) consecutive days on standby.
a. Effective the beginning of the pay period following City Council approval of the MOU, the standby compensation will increase from $150 to $250 per week for serving seven (7) consecutive days on standby.
6. If the employee is called out to work overtime while on standby, he/she shall be compensated with overtime for a minimum of two (2) hours. No additional compensation shall be paid for any subsequent call -outs within the original two- hour minimum period. Employees who are reporting back to work to deal with an emergency shall report to their normal workplace. If the employee must be dispatched to another location he/she shall be paid portal to portal.
7. Any employee who is assigned to standby and who fails to respond to an assignment shall be subject to appropriate disciplinary action.
B. Community Services Standby
The Community Services Coordinator assigned to week -end Standby shall receive $100 for weekend coverage as assigned by the department (typically Thursday — Sunday) and additional $25 for any assigned holiday.
If the employee is called out to work overtime while on standby, he/she shall be compensated with overtime for a minimum of two (2) hours. No additional compensation shall be paid for any subsequent call -outs within the original two-hour minimum period.
Employees who are reporting back to work to deal with an emergency shall report to their normal workplace. If the employee must be dispatched to another location he/she shall be paid portal to portal.
C. Court Standby
In lieu of appearing as shown on a subpoena, all eligible unit employees subpoenaed during off -duty hours may be placed on stand-by status. If a court appearance results from stand-by status, the employee shall be compensated in accordance with the provisions under the Overtime article. If court appearance does not result from stand-by status, the employee shall be compensated at the rate of $50 for each morning period and an additional $100 for each afternoon period of such stand-by.
If court is called off before Noon, there is no afternoon period stand-by pay.
D. Emergency Call Back
PCEA MOU 2023 - 2025 14
1. An off duty unit employee not assigned to standby duty who is called to emergency duty shall be compensated at the time and one-half rate for a minimum of three (3) hours. No additional compensation shall be paid for any subsequent call outs within the original three (3) -hour minimum period.
2. Employees who are reporting back to work to deal with an emergency shall report to their normal workplace. If the employee must be dispatched to another location, he/she shall be paid portal to portal.
3. City agrees to establish a rotating emergency call-back schedule for Public Safety Dispatchers, via departmental policy.
ARTICLE VII — OVERTIME
A. Overtime Definitions
1. MOU/Contract overtime is defined as hours actually worked over forty hours paid in a seven-day workweek. MOU/Contract overtime is in excess of the FLSA standard of overtime. For example, the eligibility for MOU/Contract overtime is based on hours paid, which may include the use of accrued leave.
2. Fair Labor Standards Act (FLSA) overtime is defined as hours actually worked in excess of forty (40) in a seven (7) day FLSA work period. Hours worked is defined as hours actually worked by the employee. Paid leave does not count as hours worked for determining overtime eligibility.
B. Calculation of Overtime Payment
1. MOU/Contract Overtime will be calculated as 1.5 the base hourly rate of pay.
2. FLSA overtime will be calculated pursuant to the requirements of the Fair Labor Standards Act.
C. Compensatory Time Off
Unit members may elect to receive FLSA Compensatory Time Off (FLSA CTO) in lieu of payment for working FLSA overtime. FLSA CTO hours will be banked on an hour for hour earned basis. The one-half time hours will be paid as earned at the straight time rate.
Employees may accrue up to a maximum of two -hundred forty (240) compensatory time off hours.
• Effective June 30, 2025, FLSA CTO accruals are capped at a maximum of one - hundred ninety-five (195) hours.
• Any FLSA CTO accruals over one -hundred and ninety-five (195) by the end of the contract term will be paid at the employees' regular rate of pay.
PCEA MOU 2023 - 2025 15
• Any FLSA CTO banked will be banked in its own FLSA CTO bank.
Employees must provide reasonable notice of at least two weeks when requesting to use compensatory time off. When at least two weeks' notice is provided, the City will not unreasonably deny a request to use comp time. The City may grant the approval of a request to use comp time with less than two weeks' notice, if in doing so, no additional overtime will be created.
Unit employees who are promoted to a higher paying classification will be paid for accrued compensatory time at their regular rate of pay prior to promotion. Upon separation from employment, accrued and unused compensatory time off will be paid at the employees' regular rate of pay.
Leave cash out as outlined in this article may be paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable Internal Revenue Service Limits.
D. Employee Assignments
1. A unit member assigned to attend evening meetings to take minutes will be compensated with a minimum of two hours pay.
2. Supervisors shall not modify regularly scheduled work hours in order to avoid the payment of overtime. Supervisors and employees may agree to modify work schedules by flexing the schedule which may eliminate the payment of overtime.
ARTICLE VIII — RETIREMENT
A. CaIPERS Retirement System
All employees covered under this MOU shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.
B. Tier I - PERS 2% @ 55
For Classic Members, hired by the City of Placentia prior to April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.
C. Tier II - PERS 2% @ 60
For Classic Members, hired by the City of Placentia on or after April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.
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D. PEPRA/NEW MEMBERS - PERS 2% @ 62
For new members hired on or after January 1, 2013, the employees will contribute one- half of the total normal cost as identified by CaIPERS.
ARTICLE IX - MEDICAL INSURANCE COVERAGE
The City contracts with CaIPERS to provide medical insurance to employees and eligible dependents under the Public Employees' Medical and Hospital Care Act (PEMHCA).
A. Active Employees
As required under PEMHCA, the City contributes the statutory minimum contribution toward medical insurance premiums. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2023, the minimum contribution is: $151.00/month • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month • For coverage effective January 1, 2025, the minimum contribution is: TBD The City, under a Section 125 plan, provides an allowance (which includes the statutory minimum) to active employees. Should unit members select a plan with a plan premium in excess of the allowance, the employee is responsible for paying the additional premium costs through payroll deduction. Should a unit member select a plan with a plan premium lower than the allowance, the remainder of the allowance may not be used for any other purpose.
City contributions are as follows:
Employee Only
Employee +1
Employee +2
B. Retiree Coverage
$ 722.00 per month
$1,444.00 per month
$1,877.00 per month
Unit retirees will have access to the CaIPERS Health Benefit Program in accordance with CaIPERS regulations.
Participation in the CaIPERS Program will be consistent with Appendix "B" covering Unit Retirees.
Unit retirees hired prior to November 21, 1995, who are covered under the Appendix B provisions, will receive contributions to retiree medical (inclusive of the statutory minimum) as follows:
PCEA MOU 2023 - 2025 17
Retiree Only
Retiree +1
Retiree +2
$ 722.00 per month
$1,444.00 per month
$1,877.00 per month
Retirees who are Medicare eligible must comply with the CaIPERS Medicare enrollment provisions and are capped at medical contributions as follows (inclusive of the statutory minimum):
Retiree Only
Retiree +1
Retiree +2
Medicare & Basic Combo
$ 342.39 per month
$ 684.78 per month
$1,027.17 per month
$1,027.44 per month
For unit retirees hired after November 21, 1995, the City will provide the minimum contribution required by the CaIPERS Health Benefit Program. The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2023, the minimum contribution is: $151.00/month. • For coverage effective January 1, 2024, the minimum contribution is: $157.00/month. • For coverage effective January 1, 2025, the minimum contribution is: TBD C. Medical Coverage Opt Out
1. Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
2. Unit employees hired by the City and who have elected to opt out as of November 1, 2019, will receive the following taxable payment each month under the eligible opt out arrangement:
a. Employee + Family
b. Employee + Dependent
c. Employee Only
$1,001.00
$ 822.25
$ 607.75
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d. Family to Employee Only (Remove 2 dependents)
e. Two-party to Employee Only (Remove 1 dependent)
f. Family to Two -Party (Remove 1 dependent)
$ 607.75
$ 536.25
$ 357.50
3. Medical opt -out for active employees hired after July 1, 2019 or for employees hired before July 1, 2019 and who elect to opt out after November 1, 2019 will receive:
• $400 per month.
4. The taxable payment may be used by the employee at his/her discretion. Employees may elect to receive the payment as taxable wages, defer the payment into a 457 deferred compensation plan or for use in conjunction with Flexible Spending Accounts offered by the City.
D. Medical Re -Opener
Affordable Care Act (ACA) The parties recognize that certain changes to State and Federal laws programs, taxes and regulations including the Affordable Care Act, may impact future medical plan offerings. In the event that reform measures or changes in the healthcare marketplace alter healthcare coverage options, costs or other elements of healthcare and materially alter the provisions on this MOU, either party may request to reopen the Article regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage.
E. Proposed Post Employment Retiree Medical Program
CITY and PCEA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post -employment benefits program for unit employees.
ARTICLE X - OTHER INSURANCE PROGRAMS
A. Short Term Disability and Long -Term Disability Plans
1. The CITY agrees to provide to all full-time Unit Employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum following a fifteen (15) day waiting period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the CITY's policy with its insurance carrier.
2. The CITY agrees to provide to all full-time employees covered by this Memorandum of Understanding a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to the policy maximum following a ninety (90) PCEA MOU 2023 - 2025 19
day elimination period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in The CITY's policy with its insurance carrier.
B. Life Insurance
The CITY agrees to provide to all employees covered by this Memorandum of Understanding life insurance at its sole expense, in the amount of one times each employees' earnings, rounded to the next $1,000 with a maximum of $150,000 of coverage and $1,000 for spouse and children over the age of six (6) months.
C. Dental Insurance
The CITY agrees to make available to all employees covered by this Memorandum of Understanding dental insurance, and to pay the full premium for employee and dependent coverage for said insurance, CITY reserves the right to select the insurance carriers, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.
D. Optical Insurance
CITY agrees to provide all employees covered by this Memorandum of Understanding optical insurance. Further, CITY agrees that it shall pay the full premium for employee and dependent coverage during the term of this Memorandum of Understanding. CITY reserves the right to select the insurance carriers, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.
ARTICLE XI - PAID TIME OFF (PTO)
The purpose of paid time off (PTO) is to enable eligible unit employees to take time off from work.
A. New Employee Accrual
New employees receive forty (40) hours of PTO upon completion of six months of City service. PTO may be used following the completion of six months of service, unless approved by the Department Head.
B. PTO Accrual
Each eligible full time unit employee shall accrue paid time off on the following basis with a maximum accrual of two -hundred and sixty hours:
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Years of
Service
Accrual Rate
Maximum
Accumulation
0-3 years
3.08 hours/pay period ;80 hours annually;
260 Hours
3-10 years
4.62 hours/pay period (120 hours annually)
260 Hours
10+ years
6.46 hours/pay period (168 hours annually)
260 Hours
C. Accrual Eligibility
A completed biweekly pay period is defined as a biweekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period.
D. Use of Paid Time Off
1. Unit employees will request paid time off through their immediate supervisor.
2. Approval of a paid time off request is the responsibility of the Department Head or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee.
3. Use of PTO may not exceed accumulated PTO leave bank. Should an employee exhaust their PTO and have no other available leave accrued, the employee may request time off without pay. Time off without pay is subject to Department Head and Director of Administrative Services approval.
4. Unit employees with Extraordinary Vacation Leave Banks may use either their PTO bank or their Extraordinary Vacation Bank when taking leave.
E. Payment of PTO Upon Separation of Service
An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for paid time off.
F. Denial of PTO Request Resulting in Inability to Use PTO Should a unit employee who has made a reasonable request to use PTO time (reasonable is defined as at least two weeks in advance) be unable to utilize PTO time after requesting leave, and the inability to use leave will result in the employee reaching the maximum PCEA MOU 2023 - 2025 21
accrual, the City agrees to cash out 40 hours in lieu of leave at the employees base hourly rate of pay. A request to use PTO will not be unreasonably denied.
ARTICLE XII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) A. Purpose of AHW/Sick Leave Program
Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For long-term unit members, frozen sick leave banks may exist.
Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.
B. Reasons for Use of AHW/Frozen Sick Leave
AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AWH leave may be used for family sick leave purposes as defined under the law (Labor Code 233).
C. Request for Physician's Certification
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.
D. Alternative Health and Wellness Leave/Program
1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.
2. Unit members receive ninety-six (96) hours of AHW leave effective the first pay period in July of each fiscal year. The AHW bank has a maximum accrual of 192 hours, no credit will be given for hours above the maximum.
3. The AHW hours have no cash value during employment or upon separation from City service.
4. New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October will receive sixty-four (64) hours of AWH with the first pay period in November for the remaining PCEA MOU 2023 - 2025 22
eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.
5. AHW Incentives
a. Unit members in active service as of July 1st, will receive $250 with the first pay check in July.
b. In addition to the $250, unit members who use thirteen (13) hours or less of AHW leave between July 1 — June 30, may convert twenty-four (24) hours of AWH leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $1,000 with the first paycheck in July. c. In addition to the $250, unit members who use more than thirteen (13) hours but twenty-six (26) hours or less of AHW leave between July 1 — June 30, may convert twelve (12) hours of AWH leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $500 with the first paycheck in July.
E. Frozen Sick Leave
For unit members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted.
Unit members electing to cash out frozen sick leave must submit a frozen sick leave cash out form no later than November 1st of each year to receive the cash out with the first paycheck in December. The cash out is paid pursuant to the reimbursement value table identified below. Unit employees with frozen sick leave at the time of retirement will be paid 100`)/0 (the base rate of pay) for hours in their frozen sick leave bank. Hours in this bank may also be used for sick leave purposes.
PCEA MOU 2023 - 2025 23
Years of City Service at Time
Cash Out is Requested or
Upon Retirement
Reimbursement Value of
Frozen Sick Leave
0 to 3 years
0%
Over 3 to 6 years
55%
Over 6 to 9 years
65%
Over 9 to 20 years
80%
Over 20 years
85%
Retirement
100%
F. Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.
ARTICLE XIII - OPTIONAL ANNUAL LEAVE BUY DOWN
Annually, by December 15th, employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:
1. An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of forty (40) hours remain in the PTO bank.
2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.
For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.
3. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual leave buy down program.
PCEA MOU 2023 - 2025 24
4. Employees who experience an unforeseen emergency may be permitted to make a new irrevocable election and redeem vacation hours for cash (or to increase the amount of a previous election up to the maximum) during the calendar year in which the unforeseen emergency occurs. For these purposes, "unforeseen emergency" means a severe financial hardship to the employee resulting from an illness or accident of the employee, the employees spouse, or a dependent of the employee, loss of the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstance arising because of events beyond the control of the employee. The amount of such new election (or increase to prior election) shall be limited to the amount necessary to satisfy the unforeseen emergency up to the maximum of 150 hours per year as identified above and subject to the same minimum balance remaining after cash out as identified above.
Whether an occurrence is an unforeseeable emergency shall be determined by the Director of Administrative Services at his/her sole discretion. The denial of a request under the unforeseen emergency provision is not subject to any appeal by the employee or PCEA.
5. To be eligible for Leave Buy Back, employees must utilize forty (40) hours of PTO in the preceding twelve (12) months.
ARTICLE XIV - OTHER MEDICAL LEAVE
The City complies with federal and state leave laws including but not limited to FMLA/CFRA, Pregnancy Disability Leave (PDL), Military Leave, etc.
ARTICLE XV - BEREAVEMENT LEAVE
Unit members are eligible for bereavement leave because of death within the immediate family.
Immediate family shall be defined as parent, child, stepchild, spouse, registered domestic partner, sibling, grandparent, grandchildren, and spouse's parents and grandparents. PCEA members may take bereavement leave for up to five (5) workdays for each death that occurs in the member's immediate family.
ARTICLE XVI - CATASTROPHIC LEAVE BANK
CITY and PCEA agree to allow employees to donate accrued time to a special "catastrophic leave bank" which may be used by employees with limited leave available during illness or off - duty injury. Such employee must have a FMLA/CFRA Certification on file. Donor must retain 120 hours in employee's own accrual bank(s). Donations are irrevocable. Authorized PCEA representatives will recommend and consult with City regarding disbursement to specific employee(s) in need.
PCEA MOU 2023 - 2025 25
ARTICLE XVII - HOLIDAYS
A. Designated Holidays
The City observes the following holidays (holidays are generally valued at 10 hours each unless otherwise noted):
1. New Years' Day, January 1
2. Martin Luther King Day (Third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (Last Monday in May)
5. Independence Day, July 4
6. Labor Day (First Monday in September)
7. Veterans' Day, November 11
8. Thanksgiving Day (Fourth Thursday in November)
9. Friday after Thanksgiving Day (observed on the Wednesday before Thanksgiving)
10. Christmas Eve, December 24
11. Christmas Day, December 25
12. New Year's Eve, December 31 (8 hour day)
B. Holiday Closure:
1. City to provide sixty-two (62) hours of leave for use during the holiday closure.
Employees who are not working between December 15, 2023 and January 2, 2024, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 2024. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 15, 2023 and January 2, 2024 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2024.
2. City to provide forty-two (42) hours of leave for use during the holiday closure.
Employees who are not working between December 20, 2024 and January 5, 2025, must use these hours for days off work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 2025. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 20, 2024 and January 5, 2025 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 2025.
PCEA MOU 2023 - 2025 26
C. Floating Holidays
Unit employees receive two floating holidays at the beginning of each fiscal year. Unused floating holiday hours as of June 1St will be cashed out annually at the base hourly rate of pay with the second paycheck in June.
D. Holidays Observed
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Thursday shall be deemed to be a holiday in lieu of the day observed.
E. Holidays for Police Shift Employees, Public Safety Dispatchers and Public Safety Dispatch Supervisors
Unit employees in positions subject to shift work in the Police Department shall not be entitled to holidays but shall earn 4.62 hours of PTO each pay period (120 hours per year) in lieu of compensation or time off on designated holidays.
Unit Employees in positions subject to shift work in the Public Safety Communication Center will have, in addition to regular base pay, the option of taking holiday time off if staffing requirements are met and with the approval of their supervisor, or of being paid for the unused holiday time (holiday pay) for all holidays recognized in this MOU.
For employees who are not on duty for the holiday, holiday pay will be paid at 10 hours.
For employees who work the holiday, the Holiday will be paid the same number of holiday hours as their assigned shift. All Holiday pay will be paid on the employee's bi-weekly paycheck corresponding to the pay period in which the holiday falls.
ARTICLE XVIII - EDUCATIONAL INCENTIVE PROGRAM
A. General Guidelines
1. All actions regarding the Educational Incentive Program, as defined herein, shall require the approval of the affected employee's Department Head and the City Administrator.
2. It shall be the employee's responsibility to submit written applications and supporting documentation for consideration under this program.
3. Additional documentation may be required from the employee by the Department Head or City Administrator.
PCEA MOU 2023 - 2025 27
4. The Department Head and City Administrator may consult with staff members and/or educational authorities when necessary to determine acceptability of educational programs proposed for educational incentive pay.
5. The Department Head and City Administrator shall determine acceptability of proposed educational incentive programs, and grant approvals in such a manner so as to encourage and promote the satisfactory completion of those courses which tend to result in a higher proficiency of the employee in employee's job classification.
B. Requirements and Conditions Education Incentive
Minimum requirements to qualify for educational incentive compensation:
1. Current full-time employment with the City of CITY with a minimum of one-year continuous full time service.
2. Satisfactory completion of approved educational programs such as college courses, adult educational courses, seminars, etc., related to the employee's occupation in excess of the occupational minimum requirements of the job class the employee occupies.
3. Approval by the employee's Department Head and City Administrator as defined herein.
4. Any employee who has completed educational programs qualifying under these provisions within five (5) years prior to the date he/she meets condition A-1, may be considered for educational incentive compensation for such programs; except that the "five (5) years prior" shall be waived for Associates (AA/AS) or Bachelors (BA/BS) achievement in accordance with condition A herein.
5. Upon advancement to a job class with a higher salary range, an employee shall retain achieved Educational Incentive Compensation only to the extent that completed educational programs meet Condition A, herein as they relate to the higher job class.
6. Where educational units are not conferred by an educational institution for course work completed, twenty hours of approved classroom study shall be considered equivalent to one semester unit.
7. Possession of certificates may be accepted for educational incentive if, and to the extent, the employee can document to the approving authority's satisfaction that the certificate is equivalent to formal education units.
PCEA MOU 2023 - 2025 28
8. For purposes of these provisions, all educational units earned on other than a semester basis shall be converted to their semester equivalent (i.e., number of quarter units divided by 1.5 equal number of semester units).
9. No credit shall be given for letter grades below "C" or for courses not completed. Credit shall be given for courses successfully completed on a "pass -no pass" basis.
10. Educational incentive compensation shall be paid to all qualifying employees beginning the month following the month in which approval is granted.
C. Educational Incentive Compensation
1. All employees qualified under these provisions shall be eligible to apply for educational incentive compensation.
2. Upon approval, educational incentive compensation shall be paid at the rate of $1 per month per semester unit approved. An employee's total educational incentive compensation shall not exceed 2-1/2% of employee's salary at the time approval is granted.
3. If, in computation of educational incentive compensation under these provisions, a fractional dollar results, it shall be rounded to the nearest whole dollar. A fraction of less than half shall be rounded to the nearest lower whole dollar.
ARTICLE IXX - TUITION AND BOOKS REIMBURSEMENT
The City shall reimburse a unit employee 75% of the actual cost of books and tuition for a course given by accredited public and private institutions at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard); provided:
1. Such a course directly pertains to the unit employee's present duties and/or pertains to the next step toward promotion in employee's field of endeavor.
2. A written request must be submitted and approved by the employee's Department Head and the City Administrator prior to the date of the first meeting of the course.
3. The unit employee receives a grade of C or better in said course.
4. The unit employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the reimbursement shall be deducted from employee's final check.
PCEA MOU 2023 - 2025 29
5. Pre -approved coursework for certification programs that are job related may be eligible for reimbursement under this article. Pre -approval of the Department Head and City Administrator is required.
6. The City may cap the funds to be distributed based on the authorized budget as adopted by the City Council annually. The City will budget at least $20,000 per fiscal year for city-wide use of the tuition reimbursement program. Reimbursements will be provided in the order they are received by Human Resources when the cap is reached.
ARTICLE XX - CLOTHING, UNIFORMS, TOOLS AND RELATED
A. Business Casual
Business Casual as defined by City Policy outlined in Appendix "C of this MOU shall be the year-round dress standard for unit employees who are not required to wear uniforms.
B. Boot Allowance
Unit members in the maintenance division and in the following classifications:
• Building Inspector
• Code Enforcement Officer
• Community Services Officer
• Mechanic
• Parking Control Officer
• Police Property Technician
• Police Services Officer
• Police Services Supervisor -
Property and Evidence
• Police Services Supervisor — Records
and Public Safety
• Public Safety Communications
Supervisor
• Public Safety Dispatcher
• Public Works Inspector
• Records Specialist
• Senior Building Inspector
• Senior Code Enforcement Officer
will be provided a boot allowance to be paid with the first paycheck in July. This is a taxable benefit as no receipt is required for payment.
• Effective the beginning of the pay period following City Council approval of the MOU, the Boot Allowance will increase from $225 to $325 per year.
C. Mechanic Tools
Unit employees in the job class of Mechanic shall be provided a reimbursement of up to $500 per year for the purchase of job -related hand tools. Receipts will be required PCEA MOU 2023 - 2025 30
for reimbursement. Upon separation from employment, Mechanics shall repay the City for any monies received under this provision during the last year prior to separation.
D. Uniforms
Maintenance Services Division employees in job classes represented by PCEA shall be provided, on an ongoing basis, nine (9) sets of uniforms. The City contracts with a vendor for the laundering of City provided uniforms.
E. Uniform Cleaning Allowance
CITY will provide a uniform cleaning allowance in the amount of $250.00 per year to be paid in July for the following job classes:
• Code Enforcement Officer
• Community Services Officer
• Parking Control Officer
• Police Civilian Investigator
• Police Property Technician
• Police Services Officer
• Police Services Supervisor - Property and Evidence
• Police Services Supervisor — Records and Public Safety • Public Safety Communications Supervisor
• Public Safety Dispatcher
• Records Specialist
F. Uniform Allowance Reporting
The City will purchase uniforms for unit members required to wear a uniform while at work. The value of the uniforms shall be reported to CaIPERS for "classic" members as $11.54 per pay period ($300 per year). Uniform allowance is not considered pension reportable compensation for "new members" hired after January 1, 2013, pursuant to the Public Employee Pension Reform Act of 2013. (PEPRA).
ARTICLE XXI - CHANGE OF STATUS - LAYOFF
The City Administrator may lay off an employee in the classified service because of material change in duties or organization, or shortage of work or funds. Layoffs shall be made in reverse order of total seniority in the classified service, within the job class affected. Ten (10) working days before the effective date of layoff, the City Administrator shall notify the Director of Administrative Services of the intended action with reasons therefore, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given to the employee affected. If certified as having given satisfactory service, the name of the affected employee shall be placed on the re-employment list, as provided by these Rules, for future vacancies in the job class he/she is vacating.
PCEA MOU 2023 - 2025 31
If certified as having given satisfactory service, the affected employee shall further have the right to displace a less senior employee in a lower job class in the same direct promotional series in the same department; or to displace a less senior employee in a lower job class in which the affected employee once held permanent status.
The City will endeavor to provide affected members of PCEA with at least 30 days advanced notification as well as to allow affected employees to displace a part-time position that requires duties that these employees are qualified to perform. Displacement rights will not be unreasonably withheld.
The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in the order of total continuous, cumulative time served in probationary and permanent status. Such names shall remain thereon for a period of one (1) year unless such persons are sooner reemployed. When a re-employment list is to be used to fill vacancies, the Director of Administrative Services shall submit from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing authority shall appoint such persons to fill the vacancies.
ARTICLE XXII - GRIEVANCE AND ARBITRATION PROCEDURES
A. Purpose
The purpose of the grievance procedure is:
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that a grievance shall be settled as near as possible to the point of origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Subject To Grievance Procedure
Any unit employee or the Association shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.
C. Informal Grievance Procedure
PCEA MOU 2023 - 2025 32
A unit employee who has a problem or complaint should first try to get it settled through discussion with the employee's immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with the employee's supervisor's immediate superior.
Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance.
Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance. A formal grievance may be filed by the employee association.
D. Formal Grievance Procedure
1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render employee's decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with employee's supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present the appeal in writing to the employee's department head. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the supervisor, if no decision by the supervisor is rendered, it will constitute a withdraw/dropping of the grievance.
2. Department Review (Step 2) - The Department Head receiving the grievance, or employee's designated representative, shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons.
The Department Head shall render employee's decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Department Head, or within twenty-five (25) calendar days following submittal of the written grievance to the department head if no decision is rendered will constitute a withdraw/dropping of the grievance.
3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit PCEA MOU 2023 - 2025 33
employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator if no decision is rendered will constitute a withdraw/dropping of the grievance.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.
2. The unit employee may request the assistance of another person of employee's own choosing in preparing and presenting employee's appeal at any level of review.
3. The unit employee and employee's representative may be permitted to use a reasonable amount of work time, as determined by the appropriate department head, in conferring about and presenting the appeal.
4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.
F. Arbitration
1. General Provisions. After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to employee's satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.
2. Procedures. If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
PCEA MOU 2023 - 2025 34
a. The City's representative and the grievant, or employee's designated representative(s), shall select an impartial third party to serve as the arbitrator.
b. If the City's representative and the grievant, or employee's designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties' employee's decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties. 3 Conditions. The arbitrator shall have no power to add to, subtract from, or to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California.
4.AII expenses of arbitration shall be borne equally by the parties.
5.The provisions of this Section shall in no way apply to the "meet -and- confer" process.
ARTICLE XXIII - PERSONNEL RULES AND EMPLOYER EMPLOYEE RELATIONS A. Personnel Rules
CITY and PCEA agree, during the term of this Memorandum of Understanding, to reopen negotiations on the subject of Personnel Rules and amendments to the Employer Employee Relations Resolution as needed. The City will discuss proposed revisions and/or modifications to such conditions or benefits in the Personnel Rules prior to recommending that the City Council approve such proposed changes when they are subject to the meet and confer process.
B. Disciplinary Action
Personnel Rule XII is incorporated herein by reference in its entirety with the following exception: Except for a violation of a major safety rule, exempt employees may not be subject to (1) suspensions other than in full workweek increments, (2) temporary demotions (with a beginning and ending date) or (3) temporary reductions in pay.
PCEA MOU 2023 - 2025 35
C. Employer Employee Relations Resolution
The parties agree to work cooperatively to update and amend the Employer -Employee Relations Resolution to comply with current applicable law.
ARTICLE XXIV — MISCELLANEOUS PROVISIONS
A. Probationary Period
1. All original and promotional appointments to the classified service shall be tentative and subject to a probationary period of twelve (12) months actual service.
2. Newly hired Public Safety Dispatchers and Public Safety Dispatch Supervisors (recruits with less than one year's experience) shall be subject to an eighteen (18) month probationary period.
3. The City Administrator may establish a longer probationary period for specified cases.
4. The appointing authority shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, a copy shall be given to the probationary employee and the original shall be forwarded to the Human Resources Division before the probationer's permanent status date.
B. Performance Evaluations
Employees will receive performance evaluations from their supervisor at least annually on performance evaluation forms provided by the City. New employees or employees who need improvement may be evaluated more frequently than once per year. The performance evaluation process should provide an assessment and feedback on the quality, quantity, and other job -related metrics designed to identify proficiency and performance that meets the standards set by the supervisor, department, and City.
Performance evaluations will be placed in the employees' official personnel file in Human Resources.
C. Leaves of Absence
1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.
2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.
PCEA MOU 2023 - 2025 36
D. Reclassification
A unit member who believes that there have been substantial changes in their job duties that are not reflected in the current job classification specification may request to their Department Head that a classification review be conducted. Requests for a classification review must be received between November 1st and December 15th. The Department Head will review the request and if he/she agrees to initiate a request for a classification review, he/she will submit the request to Human Resources by January 15th Human Resources will evaluate and determine the manner and method to use to review the classification. Human Resources can also decline to review the classification if it believes the review is not warranted or if there is another more appropriate avenue for review. Classification reviews and recommendations will be evaluated during the annual budget process and any recommended change will be presented for consideration via the budget process.
ARTICLE XXV - SEVERABILITY CLAUSE
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU shall not render invalid the remaining part hereof.
ARTICLE XXVI - TERM
The terms of this Memorandum are to remain in full force and effect upon adoption of the MOU by the City Council through June 30, 2025.
PCEA MOU 2023 - 2025 37
SIGNATURES
FOR THE CITY: FOR PCEA:
Damien Arrula
City Administrator
Veronica Rodarte,
OCEA Senior Labor Relations
Representative
Alice Burnett Louis Gurrola,
Director of Human Resources OCEA Labor Relations Specialist Jennifer Lampman Eddie Rodriguez,
Director of Finance PCEA President
Luis Estevez Manny Tovar
Deputy City Administrator PCEA Vice President
Jose Galvan
PCEA Member at Large
Chelsie Griffith,
PCEA Member at Large
Sheila Rodriguez,
PCEA Member at large
PCEA MOU 2023 - 2025 38
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2023
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ACCOUNT CLERK
20.65 3,579.21
42,950.53
21.76 3,772.49
45,269.86
22.94 3,976.20
47,714.43
24.18 4,190.92
50,291.03
25.48 4,417.23
53,006.73
ACCOUNTING TECHNICIAN
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
ADMINISTRATIVE ASSISTANT
24.13 4,182.03
50,184.34
25.43 4,407.86
52,894.30
26.80 4,645.88
55,750.58
28.25 4,896.76
58,761.11
29.78 5,161.18
61,934.22
ADMINISTRATIVE SPECIALIST
25.82 4,475.77
53,709.18
27.22 4,717.45
56,609.46
28.69 4,972.20
59,666.38
30.23 5,240.70
62,888.37
31.87 5,523.69
66,284.34
ASSISTANT PLANNER
29.32 5,081.93
60,983.19
30.90 5,356.36
64,276.30
32.57 5,645.60
67,747.21
34.33 5,950.46
71,405.55
36.18 6,271.79
75,261.47
BUILDING INSPECTOR
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166,52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
BUILDING PERMIT TECHNICIAN
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
CITY CLERK SPECIALIST
25.82 4,475.77
53,709.18
27.22 4,717.46
56,609.48
28.69 4,972.20
59,666.39
30.23 5,240.70
62,888.37
31.87 5,523.70
66,284.35
CODE ENFORCEMENT OFFICER
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
COMMUNITY SERVICES COORDINATOR
25.82 4,475.77
53,709.18
27.22 4,717.45
56,609.46
28.69 4,972.20
59,666.38
30.23 5,240.70
62,888.37
31.87 5,523.69
66,284.34
COMMUNITY SERVICES OFFICER
23.05 3,995.57
47,946.85
24.30 4,211.33
50,535.99
25.61 4,438.74
53,264.94
26.99 4,678.44
56,141.24
28.45 4,931.07
59,172.87
CRIME PREVENTION OFFICER
23.66 4,100.39
49,204.65
24.93 4,321.81
51,861.71
26.28 4,555.19
54,662.23
27.70 4,801.17
57,613.99
29.19 5,060.43
60,725.15
CUSTODIAN
19.95 3,458.20
41,498.44
21.03 3,644.95
43,739.35
22.16 3,841.77
46,101.25
23.36 4,049.23
48,590.72
24.62 4,267.89
51,214.63
DEVELOPMENT SERVICES COORDINATOR
28.23 4,892.38
58,708.56
29.75 5,156.57
61,878.82
31.36 5,435.02
65,220.28
33.05 5,728.51
68,742.17
34.83 6,037.85
72,454.25
ENGINEERING AIDE
19.13 3,315.62
39,787.43
20.16 3,494.66
41,935.96
21.25 3,683.38
44,200.52
22.40 3,882.28
46,587.35
23.61 4,091.92
49,103.07
ENVIRONMENTAL COMPLIANCE OFFICER
28.94 5,016.95
60,203.43
30.51 5,287.87
63,454.42
32.15 5,573.41
66,880.96
33.89 5,874.38
70,492.54
35.72 6,191.59
74,299.12
EQUIPMENT MECHANIC
26.08 4,521.37
54,256.47
27.49 4,765.53
57,186.33
28.98 5,022.87
60,274.39
30.54 5,294.10
63,529.21
32.19 5,579.98
66,959.78
EXECUTIVE ASSISTANT TO CITY
ADMINISTRATOR
29.53 5,118.85
61,426.18
31.13 5,395.26
64,743.18
32.81 5,686.61
68,239.32
34.58 5,993.69
71,924.23
36.45 6,317.35
75,808.15
FACILITIES MAINTENANCE TECH
25.93 4,495.30
53,943.62
27.33 4,738.05
56,856.57
28.81 4,993.90
59,926.84
30.37 5,263.57
63,162.88
32.01 5,547.81
66,573.66
FACILITIES MAINTENANCE TECH II
27.40 4,748.59
56,983.05
28.88 5,005.01
60,060.12
30.43 5,275.28
63,303.36
32.08 5,560.14
66,721.73
33.81 5,860.39
70,324.71
GIS SPECIALIST
24.13 4,182.03
50,184.34
25.43 4,407.86
52,894.30
26.80 4,645.88
55,750.59
28.25 4,896.76
58,761.12
29.78 5,161.18
61,934.22
GIS TECHNICIAN
27.18 4,711.41
56,536.95
_ 28.65
4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
HUMAN RESOURCE TECHNICIAN
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
INFORMATION TECHNOLOGY TECH
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166.52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
MAINTENANCE CREW LEADER
26.62 4,613.58
55,362.94
28.05 4,862.71
58,352.53
29.57 5,125.30
61,503.55
31.17 5,402.06
64,824.76
32.85 5,693.77
68,325.29
MAINTENANCE WORKER
23.66 4,100.39
49,204.64
24.93 4,321.81
51,861.67
26.28 4,555.18
54,662.21
27.70 4,801.16
57,613.96
29.19 5,060.43
60,725.11
MANAGEMENT ASSISTANT
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
MEDIA SERVICES SPECIALIST
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
OFFICE ASSISTANT
18.63 3,229.22
38,750.69
19.64 3,403.60
40,843.23
20.70 3,587.40
43,048.76
21.81 3,781.11
45,373.38
22.99 3,985.30
47,823.54
OFFICE CLERK
20.65 3,579.21
42,950.53
21.76 3,772.49
45,269.86
22.94 3,976.20
47,714.43
24.18 4,190.92
50,291.03
25.48 4,417.23
53,006.73
OFFICE SPECIALIST
22.00 3,812.59
45,751.13
23.18 4,018.48
48,221.70
24.44 4,235.47
50,825.68
25.75 4,464.19
53,570.25
27.15 4,705.25
56,463.06
PARKING CONTROL OFFICER
19.95 3,458.20
41,498.44
21.03 3,644.95
43,739.35
22.16 3,841.77
46,101.25
23.36 4,049.23
48,590.72
24.62 4,267.89
51,214.63
PLANNING AIDE
19.13 3,315.62
39,787.43
20.16 3,494.66
41,935.96
21.25 3,683.38
44,200.52
22.40 3,882.28
46,587.35
23.61 4,091.92
49,103.07
PLANNING TECH
24.26 4,204.92
50,459.04
25.57 4,431.99
53,183.82
26.95 4,671.31
56,055.74
28.41 4,923.56
59,082.74
29.94 5,189.43
62,273.20
POLICE CIVILIAN INVESTIGATOR
31.95 5,537.92
66,454.98
33.67 5,836.96
70,043.56
35.49 6,152.16
73,825.92
37.41 6,484.38
77,812.52
39.43 6,834.53
82,014.40
POLICE PROPERTY TECHNICIAN
28.53 4,944.38
59,332.58
30.07 5,211.38
62,536.54
31.69 5,492.79
65,913.52
33.40 5,789.41
69,472.86
35.20 6,102.03
73,224.40
POLICE SERVICE OFFICER
23.05 3,995.57
47,946.85
24.30 4,211.33
50,535.99
25.61 4,438.74
53,264.94
26.99 4,678.44
56,141.24
28.45 4,931.07
59,172.87
POLICE SERVICES SUPERVISOR
33.55 5,815.14
69,781.73
35.36 6,129.16
73,549.94
37.27 6,460.14
77,521.63
39.28 6,808.98
81,707.80
41.40 7,176.67
86,120.01
PUBLIC SAFETY COMMUNICATION SUPERVISOR -
DISPATCH
43.56 7,550.55
90,606.60
45.91 7,958.28
95,499.36
48.39 8,388.03
100,656.32
51.01 8,840.98
106,091.76
53.76 9,318.39
111,820.72
PUBLIC SAFETY DISPATCHER
31.36 5,435.03
65,220.34
33.05 5,728.52
68,742.25
34.83 6,037.86
72,454.34
36.71 6,363.91
76,366.89
38.70 6,707.56
80,490.69
REVISED: 1/30/2023
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2023
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
PUBLIC WORKS INSPECTOR
30.40 5,268.59
63,223.07
32.04 5,553.09
66,637.12
33.77 5,852.96
70,235.52
35.59 6,169.02
74,028.24
37.51 6,502.15
78,025.76
SENIOR ACCOUNTING TECHNICIAN
27.18 4,711.41
56,536.95
28.65 4,965.83
59,589.95
30.20 5,233.98
62,807.81
31.83 5,516.62
66,199.44
33.55 5,814.52
69,774.22
SENIOR ADMINISTRATIVE ASSISTANT
28.23 4,892.38
58,708.57
29.75 5,156.57
61,878.83
31.36 5,435.02
65,220.30
33.05 5,728.52
68,742.21
34.83 6,037.86
72,454.27
SENIOR BUILDING INSPECTOR
31.15 5,399.30
64,791.56
32.83 5,690.86
68,290.31
34.60 5,998.17
71,977.98
36.47 6,322.07
75,864.80
38.44 6,663.46
79,961.49
SENIOR CODE ENFORCEMENT OFFICER
30.80 5,338.43
64,061.11
32.46 5,626.70
67,520.42
34.21 5,930.54
71,166.52
36.06 6,250.79
75,009.50
38.01 6,588.33
79,060.01
SENIOR CUSTODIAN
23.66 4,100.39
49,204.64
24.93 4,321.81
51,861.67
26.28 4,555.18
54,662.21
27.70 4,801.16
57,613.96
29.19 5,060.43
60,725.11
SENIOR ENGINEERING AIDE
27.40 4,748.59
56,983.05
28.88 5,005.01
60,060.12
30.43 5,275.28
63,303.36
32.08 5,560.14
66,721.73
33.81 5,860.39
70,324.71
SENIOR HUMAN RESOURCE TECHNICIAN
28.53 4,944.38
59,332.58
30.07 5,211.38
62,536.54
31.69 5,492.79
65,913.52
33.40 5,789.41
69,472.86
35.20 6,102.03
73,224.40
REVISED: 1/30/2023
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2O24
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
ACCOUNT CLERK
21.68 3,758.17
45,098.06
22.85 3,961.11
47,533.35
24.09 4,175.01
50,100.15
25.39 4,400.47
52,805.58
26.76 4,638.09
55,657.07
ACCOUNTING TECHNICIAN
25.47 4,415.17
52,981.99
26.85 4,653.58
55,843.01
28.30 4,904.88
58,858.53
29.83 5,169.74
62,036.88
31.44 5,448.91
65,386.86
ADMINISTRATIVE ASSISTANT
25.33 4,391.13
52,693.56
26.70 4,628.25
55,539.01
28.14 4,878.18
58,538.11
29.66 5,141.60
61,699.16
31.26 5,419.24
65,030.93
ADMINISTRATIVE SPECIALIST
27.11 4,699.55
56,394.64
28.58 4,953.33
59,439.93
30.12 5,220.81
62,649.69
31.75 5,502.73
66,032.79
33.46 5,799.88
69,598.55
ASSISTANT PLANNER
30.78 5,336.03
64,032.35
32.45 5,624.18
67,490.11
34.20 5,927.88
71,134.57
36.05 6,247.99
74,975.83
37.99 6,585.38
79,024.54
BUILDING INSPECTOR
32.34 5,605.35
67,264.16
34.08 5,908.04
70,896.44
35.93 6,227.07
74,724.85
37.87 6,563.33
78,759.98
39.91 6,917.75
83,013.01
BUILDING PERMIT TECHNICIAN
25.47 4,415.17
52,981.99
26.85 4,653.58
55,843.01
28.30 4,904.88
58,858.53
29.83 5,169.74
62,036.88
31.44 5,448.91
65,386.86
CITY CLERK SPECIALIST
27.11 4,699.55
56,394.64
28.58 4,953.33
59,439.95
30.12 5,220.81
62,649.71
31.75 5,502.73
66,032.79
33.46 5,799.88
69,598.56
CODE ENFORCEMENT OFFICER
29.64 5,137.00
61,643.99
31.24 5,414.40
64,972.77
32.92 5,706.78
68,481.31
_ 34.70
6,014.94
72,179.32
36.58 6,339.75
76,076.99
COMMUNITY SERVICES COORDINATOR
27.11 4,699.55
56,394.64
28.58 4,953.33
59,439.93
30.12 5,220.81
62,649.69
31.75 5,502.73
66,032.79
33.46 5,799.88
69,598.55
COMMUNITY SERVICES OFFICER
24.20 4,195.35
50,344.20
25.51 4,421.90
53,062.78
26.89 4,660.68
55,928.18
28.34 4,912.36
58,948.30
29.87 5,177.63
62,131.51
CRIME PREVENTION OFFICER
24.84 4,305.41
51,664.88
26.18 4,537.90
54,454,79
27.59 4,782.95
57,395.35
29.08 5,041.22
60,494.69
30.65 5,313.45
63,761.41
CUSTODIAN
20.95 3,631.11
43,573.36
22.08 3,827.19
45,926.31
23.27 4,033.86
48,406.31
24.53 4,251.69
51,020.26
25.85 4,481.28
53,775.36
DEVELOPMENT SERVICES COORDINATOR
29.64 5,137.00
61,643.98
31.24 5,414.40
64,972.76
32.92 5,706.77
68,481.29
34.70 6,014.94
72,179.27
36.58 6,339.75
76,076.97
ENGINEERING AIDE
20.09 3,481.40
41,776.80
21.17 3,669.40
44,032.76
22,31
3,867.55
46,410.54
23.52 4,076.39
48,916.71
24.79 4,296.52
51,558.23
ENVIRONMENTAL COMPLIANCE OFFICER
30.39 5,267.80
63,213.60
32.03 5,552.26
66,627.14
33.76 5,852.08
70,225.01
35.59 6,168.10
74,017.16
37.51 6,501.17
78,014.08
EQUIPMENT MECHANIC
27.39 4,747.44
56,969.30
28.87 5,003.80
60,045.64
30.43 5,274.01
63,288.11
32.07 5,558.81
66,705.67
33.80 5,858.98
70,307.77
EXECUTIVE ASSISTANT TO CITY
ADMINISTRATOR
31.01 5,374.79
64,497.48
32.68 5,665.03
67,980.34
34.45 5,970.94
71,651.29
36.31 6,293.37
75,520.45
38.27 6,633.21
79,598.56
FACILITIES MAINTENANCE TECH
27.23 4,720.07
56,640.81
28.70 4,974.95
59,699.39
30.25 5,243.60
62,923.18
31.89 5,526.75
66,321.02
33.61 5,825.20
69,902.35
FACILITIES MAINTENANCE TECH II
28.77 4,986.02
59,832.20
30.32 5,255.26
63,063.12
31.96 5,539.04
66,468.52
33.68 5,838.15
70,057.81
35.50 6,153.41
73,840.94
GIS SPECIALIST
25.33 4,391.13
52,693.56
26.70 4,628.25
55,539.01
28.14 4,878.18
58,538.12
29.66 5,141.60
61,699.17
31.26 5,419.24
65,030.93
GIS TECHNICIAN
28.54 4,946.98
59,363.79
30.08 5,214.12
62,569.44
31.71 5,495.68
65,948.20
33.42 5,792.45
69,509.42
35.22 6,105.24
73,262.93
HUMAN RESOURCE TECHNICIAN
28.54 4,946.98
59,363.79
30.08 5,214.12
62,569.44
31.71 5,495.68
65,948.20
33.42 5,792.45
69,509.42
35.22 6,105.24
73,262.93
INFORMATION TECHNOLOGY TECH
32.34 5,605.35
67,264.16
34.08 5,908.04
70,896.44
35.93 6,227.07
74,724.85
37.87 6,563.33
78,759.98
39.91 6,917.75
83,013.01
MAINTENANCE CREW LEADER
27.95 4,844.26
58,131.09
29.46 5,105.85
61,270.16
31.05 5,381.56
64,578.73
32.72 5,672.17
68,066.00
34.49 5,978.46
71,741.55
MAINTENANCE WORKER
24.84 4,305.41
51,664.87
26.18 4,537.90
54,454.76
27.59 4,782.94
57,395.32
29.08 5,041.22
60,494.66
30.65 5,313.45
63,761.37
MANAGEMENT ASSISTANT
28.54 4,946.98
59,363.79
30.08 5,214.12
62,569.44
31.71 5,495.68
65,948.20
33.42 5,792.45
69,509.42
35.22 6,105.24
73,262.93
MEDIA SERVICES SPECIALIST
29.64 5,137.00
61,643.99
31.24 5,414.40
64,972.77
32.92 5,706.78
68,481.31
34.70 6,014.94
72,179.32
36.58 6,339.75
76,076.99
OFFICE ASSISTANT
19.56 3,390.69
40,688.23
20.62 3,573.78
42,885.39
21.73 3,766.77
45,201.20
22.90 3,970.17
47,642.05
24.14 4,184.56
50,214.72
OFFICE CLERK
21.68 3,758.17
45,098.06
22.85 3,961.11
47,533.35
24.09 4,175.01
50,100.15
25.39 4,400.47
52,805.58
26.76 4,638.09
55,657.07
OFFICE SPECIALIST
23.10 4,003.22
48,038.68
24.34 4,219.40
50,632.79
25.66 4,447.25
53,366.96
27.04 4,687.40
56,248.77
28.50 4,940.52
59,286.21
PARKING CONTROL OFFICER
20.95 3,631.11
43,573.36
22.08 3,827.19
45,926.31
23.27 4,033.86
48,406.31
24.53 4,251.69
51,020.26
25.85 4,481.28
53,775.36
PLANNING AIDE
20.09 3,481.40
41,776.80
21.17 3,669.40
44,032.76
22.31 3,867.55
46,410.54
23.52 4,076.39
48,916.71
24.79 4,296.52
51,558.23
PLANNING TECH
25.47 4,415.17
52,981.99
26.85 4,653.58
55,843.01
28.30 4,904.88
58,858.53
29.83 5,169.74
62,036.88
31.44 5,448.91
65,386.86
POLICE CIVILIAN INVESTIGATOR
33.55 5,814.81
69,777.73
35.36 6,128.81
73,545.74
37.27 6,459.77
77,517.22
39.28 6,808.60
81,703.14
41.40 7,176.26
86,115.12
POLICE PROPERTY TECHNICIAN
29.95 5,191.60
62,299.21
31.57 5,471.95
65,663.37
33.27 5,767.43
69,209.19
35.07 6,078.88
72,946.50
36.96 6,407.13
76,885.62
POLICE SERVICE OFFICER
24.20 4,195.35
50,344.20
25.51 4,421.90
53,062.78
26.89 4,660.68
55,928.18
28.34 4,912.36
58,948.30
29.87 5,177.63
62,131.51
POLICE SERVICES SUPERVISOR
35.23 6,105.90
73,270.82
37.13 6,435.62
77,227.43
39.13 6,783.14
81,397.71
41.25 7,149.43
85,793.19
43.47 7,535.50
90,426.01
PUBLIC SAFETY COMMUNICATION SUPERVISOR -
DISPATCH
45.74 7,928.08
95,136.93
48.21 8,356.19
100,274.32
50.81 8,807.43
105,689.14
53.56 9,283.03
111,396.35
56.45 9,784.31
117,411.75
REVISED: 1/3O/2O23
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
Effective July 1, 2024
JOB CLASS
STEP A
STEP B
STEP C
STEP D
STEP E
Hr.
Monthly
Annual
Hr.
Monthly
Annual
\ Hr.
Monthly
Annual
Hr.
Monthly
Annual
Hr.
Monthly
Annual
PUBLIC SAFETY DISPATCHER
32.92 5,706.78
68,481.36
34.70 6,014.95
72,179.36
36.58 6,339.75
76,077.05
38.55 6,682.10
80,185.23
40.63 7,042.94
84,515.22
PUBLIC WORKS INSPECTOR
31.92 5,532.02
66,384.23
33.64 5,830.75
69,968.97
35.46 6,145.61
73,747.29
37.37 6,477.47
77,729.66
39.39 6,827.25
81,927.05
SENIOR ACCOUNTING TECHNICIAN
28.54 4,946.98
59,363.79
30.08 5,214.12
62,569.44
31.71 5,495.68
65,948.20
33.42 5,792.45
69,509.42
35.22 6,105.24
73,262.93
SENIOR ADMINISTRATIVE ASSISTANT
29.64 5,137.00
61,643.99
31.24 5,414.40
64,972.77,
32.92 5,706.78
68,481.31
34,70
6,014.94
72,179.32
36.58 6,339.75
76,076.99
SENIOR BUILDING INSPECTOR
32.71 5,669.26
68,031.14
34.47 5,975.40
71,704.82
36.34 6,298.07
75,576.88
38.30 6,638.17
79,658.04
40.37 6,996.63
83,959.56
SENIOR CODE ENFORCEMENT OFFICER
32.34 5,605.35
67,264.16
34.08 5,908.04
70,896.44
35.93 6,227.07
74,724.85
37.87 6,563.33
78,759.98
39.91 6,917.75
83,013.01
SENIOR CUSTODIAN
24.84 4,305.41
51,664.87
26.18 4,537.90
54,454.76
27.59 4,782.94
57,395.32
29.08 5,041.22
60,494.66
30.65 5,313.45
63,761.37
SENIOR ENGINEERING AIDE
28.77 4,986.02
59,832.20
30.32 5,255.26
63,063.12
31.96 5,539.04
66,468.52
33.68 5,838.15
70,057.81
35.50 6,153.41
73,840.94
SENIOR HUMAN RESOURCE TECHNICIAN
29.95 5,191.60
62,299.21
31.57 5,471.95
65,663.37 .
33.27 5,767.43
69,209.19
35.07 6,078.88
72,946.50
36.96 6,407.13
76,885.62
REVISED: 1/30/2023
APPENDIX "B" - 1995 INSURANCE BENEFITS CHANGES
Section 3. Insurances
Tier I - Employees, hired prior to November 21, 1995.
The City shall make available single party and dependent medical, dental, optical, longterm disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council.
The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall, if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier. Employees retiring with industrial disability shall not be eligible for this benefit.
Tier II - Employees, hired on or after November 21, 1995.
The City shall make available single party and dependent medical, dental, optical, longterm disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council.
The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.
During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.
Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.
CITY agrees that PCEA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post -retirement benefits program for employees hired after November 21, 1995.
APPENDIX "C"- CASUAL DRESS CODE
Each Department Head, with the approval of the City Administrator, has the discretion to develop a more comprehensive dress code appropriate for employees' department.
GENERAL GUIDELINES
The City of Placentia is a public service delivery organization. All employees should dress appropriately for this business environment and in keeping with employees' work assignment. Public image plays an important role in developing and maintaining support for the organization. To maintain the confidence and respect of the citizens and other customers, each employee must exercise professional judgment as they choose workplace attire.
Business Casual does not mean sloppy. Clothing should be clean, wrinkle free, and without holes and frayed areas. Uniformed employees are required to dress per department standards; all other employees may dress causal in accordance with the following guidelines:
• Neat, business casual attire.
• Casual slacks — no blue 'earls except on Thursday or Friday. • No T-shirts.
• Professional business attire will be required for meetings with outside agencies or night meetings.
• Please do NOT wear clothing with writing or messages, shorts, sandals for men or slippers for men or women.
• For Thursdays/Fridays ONLY blue jeans are acceptable.
City shirts are acceptable anytime.
Each employee's supervisor can make determinations as to the appropriateness of an employee's attire pursuant to this policy. If, in the opinion of the supervisor, an employee is not adhering to the intent of this policy, the supervisor will inform that person that he/she must dress in accordance with this policy. In severe cases, after consulting with the Department Head and the Human Resources Department, the supervisor may send the person home to change as directed.
In that event, time away from work will not be considered hours worked. An employee may use PTO time, compensatory, floating holiday, or administrative leave for such time away from work. This casual dress code will be adhered to unless it is superseded by a City Administrative Policy.
RESOLUTION NO. R-2023-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Fund
PCEA MOU
General Government
109595-5023
$219,949
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 11th DAY OF JULY 2023.
Resolution R-2023-59
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-59
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF HUMAN RESOURCES
JULY 11, 2023
RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PLACENTIA AND THE PLACENTIA FIREFIGHTERS'
ASSOCIATION
FISCAL YEAR 2023-24 $ 321,108 (Estimated)
FISCAL YEAR 2024-25 S 224,143 (Estimated)
TOTAL $ 545,251
The City and the Placentia Firefighters' Association (PFA) have engaged in good faith labor negotiations and have reached terms on the wages, hours, and working conditions for their respective employees.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt Resolution R-2023-62 approving the terms between the City and the Placentia Firefighters' Association (PFA); and
2. Adopt Resolution No. R-2023-63, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
3. Authorize the City Administrator to execute a Memorandum of Understanding (MOU) based upon the terms for PFA on behalf of the City, in a form approved by the City's Labor Counsel.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
1.n.
July 11, 2023
City Council Agenda
July 11, 2023
DISCUSSION:
The MOU between the City and the PFA expired on June 30, 2023. City representatives have been in discussion with the labor group representatives during the past six months. Based upon City Council direction and with cooperation from the bargaining units, the negotiations process has been successfully completed between the City and the PFA.
The terms for this MOU include the following compensation and benefit adjustments:
1. Term: July 1, 2023 — June 30, 2025
2. Compensation: 6% market rate adjustments for PFA classifications effective the full pay period of July 2023 and 4% effective the full pay period of July 2024.
3. One -Time Compensation: All employees in paid status as of the approval and adoption of the MOU will receive a one-time 5%, based upon adjusted wages as of July 2023.
4. Holiday Closure: continue Holiday leave for the holiday closure for the term of the agreement.
5. Longevity pay: 4% of base pay @ 5 years, 5% @ 15 years for a total of 9%.
6. Certification pays for unit employees who obtain certifications through Office of State Fire Marshal above the level of a Firefighter II. Maximum 2 certification pays. Firefighter $165/month, Fire Engineer/Patrol Engineer: $223 per month, Fire Captain: $260 per month.
7. Memorialize the practice of accruing Compensation Time Off (CTO). CTO accruals capped at a maximum of 96 hours effective the end of the contract term.
FISCAL IMPACT:
The total cost for the aforementioned market rate adjustments is estimated to be:
Salary Increases
Longevity — 4% @ 5 years, 9% @ 15 years*
Certification Pays
5% One Time Payment (Base rate)
Total
Fiscal Year 23-24
$237,312
$5,480
$78,316
$321,108
Fiscal Year 24-25
* No members will be eligible for longevity during the term of this agreement. $213,143
$0
$11,000
$0
$224,143
Funding for wage increases included in the FY23/24 Adopted Budget. Funding for One-time payment proposed to come from unassigned fund balance.
City Council Agenda
July 11, 2023
Prep red by:
A� ce Burnett
Director of Human Resources
Reviewed and approved:
Rosanna Ramirez
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien-R. rrula
Deputy City Administrator City Administrator
Attachments:
1. Resolution No. R-2023-62
2. Memorandum of Understanding
3. Resolution No. R-2023-63 -Budget Amendment
RESOLUTION NO. R-2023-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING A MEMORANDUM
OF UNDERSTANDING FOR THE PLACENTIA
FIREFIGHTERS' ASSOCIATION FOR THE PERIOD JULY 1,
2023, THROUGH JUNE 30, 2025
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) the Director of Human Resources as designated lead negotiator has met and consulted in good faith with the representatives of the Placentia Firefighters' Association (Association) on matters relating to wages, hours, and other terms and conditions of employment; and WHEREAS, said representatives of the City and the Association have reached tentative agreement and have jointly prepared a written MOU which is attached to this resolution and incorporated herein; and
WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Association; and
WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City.
The City Council of the City of Placentia does hereby resolve as follows:
Section 1: The Memorandum of Understanding for the Placentia Firefighters' Association dated January 1, 2023, is hereby repealed. All previous and conflicting Memorandum of Understandings adopted for this purpose either by Resolution or by Minute order are repealed.
Section 2: This Resolution provides for salaries, benefits and other terms and conditions of employment applicable to the Placentia Firefighters' Association as listed in the attached Memorandum of Understanding (Exhibit A).
Section 3: The Memorandum of Understanding applicable to the Placentia Firefighters' Association effective July 1, 2023, and attached hereto is approved.
APPROVED and ADOPTED this 11th day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-62
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-62
��
PLACENTIA
Rich Heritage, Bright Future
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PLACENTIA
(CITY)
and
PLACENTIA FIREFIGHTERS' ASSOCIATION
(PFA)
July 1, 2023 — June 30, 2025
No. PFA 23-25
Adopted July 11, 2023, Resolution No.
TABLE OF CONTENTS
PREAMBLE 2
ARTICLE I - RECOGNITION 2
ARTICLE II - COMPLETE AND ENTIRE AGREEMENT 3
ARTICLE III - SEVERABILITY 3
ARTICLE IV - TERM 3
ARTICLE V - SALARY 3
A. Base Salary 3
B. Compensation Adjustments 3
C. One -Time Compensation 3
D. Salary upon appointment 4
E. Movement within the salary range 4
F. Salary upon promotion 4
ARTICLE VI - EDUCATION INCENTIVE PAY 4
ARTICLE VII - LONGEVITY PAY 4
ARTICLE VIII - BILINGUAL PAY 5
ARTICLE IX - CERTIFICATION PAY 5
ARTICLE X — EMT REQUIREMENTS 5
ARTICLE XI - OVERTIME 6
A. Definition 6
B. Compensation 6
C. Payment 6
D. Calculating Time 6
E. Compensatory Time 6
F. Need to fill a Shift 7
G. Pilot Program — Patrol Unit 7
ARTICLE XII - HOURS WORKED/WORK SCHEDULE 8
A. Work Period 8
B. Work Schedules 8
C. Hours of work 8
D. Consecutive Hours Worked 8
E. Hours related to December 24/25 (Christmas Language) 8 ARTIICLE XIII - STAFFING 9
Page i
ARTICLE XIV - ACTING ASSIGNMENTS 9
ARTICLE XV - SHIFT TRADES 10
ARTICLE XVI - MUTUAL AID 10
ARTICLE XVII - LEAVES 10
A. Alternative Health & Wellness 10
B. Bereavement Leave 12
C. Personal Time Off (PTO) 12
D. Holidays 14
E. Holiday Closure 14
F. Jury Duty 14
G. Leave of Absence Without Pay 14
H. Military Leave 15
I. Workers' Compensation Leave 15
J. Modified Duty/Return to Work Program 15
ARTICLE XVIII - BENEFITS 15
A. Insurance and Benefit Plans 15
1. Medical 15
2. Dental 16
3. Vision 16
4. Life Insurance 16
5. Short Term and Long -Term Disability 16
6. Section 125 Flexible Spending Accounts 16
B. Retirement 16
C. Deferred Compensation Plan 17
D. Tuition Reimbursement 17
ARTICLE XIX - PROBATIONARY PERIOD 17
A. New Hires 17
B. Promotional 18
ARTICLE XX - PERSONNEL FILES 18
ARTICLE XXII - UNIFORMS 19
A. Initial Issue of Uniforms 19
B. Safety gear 19
ARTICLE XXII - PHYSICAL FITNESS 19
Page ii
ARTICLE XXIII - ANNUAL VOLUNTARY PHYSICAL FITNESS ASSESSMENT 20 ARTICLE XXIX - USE OF TOBACCO 20
ARTICLE XXX - SUBSTANCE ABUSE 20
ARTICLE XXXI - FITNESS FOR DUTY 21
ARTICLE XXXII — GRIEVANCE PROCEDURE 21
A. Purpose 21
B. Matters Subject to Grievance Procedure 22
C. Informal Grievance Procedure 22
D. Formal Grievance Procedure 22
E. Conduct of Grievance Procedure 23
F. Arbitration 24
ARTICLE XXXIII — DISCIPLINARY APPEAL PROCEDURE 25
A. Standards of Conduct 25
B. Applicability of Discipline 25
C. Discretion in Disciplinary Action 25
D. Permitted Disciplinary Action 25
E. Non -Disciplinary Actions 25
F. Disciplinary Action 26
G. Employee Response for Disciplinary Actions 27
H. The Disciplinary Response 28
I. Appeal of Department Disciplinary Actions 28
APPENDIX A 29
Page iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PLACENTIA
AND
THE PLACENTIA FIREFIGHTERS' ASSOCIATION
PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum of Understanding ("MOU") have been discussed and jointly proposed by and between the City of Placentia (hereinafter the "City") and the Placentia Firefighters' Association (hereinafter the "Association") and shall apply to all the employees in classifications represented by the Association.
The terms and conditions of employment that are set forth in this MOU have been discussed in good faith between the City and the Association. The Association has recommended, and its members have ratified all of the terms and conditions of employment as set forth herein. The City recommends to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such resolution, all the terms and conditions of this MOU so incorporated shall become effective without further action by either party.
ARTICLE I - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and Resolution 71-R-153 of the City Council of the City of Placentia (Employer -Employee Relations Resolution), the City has recognized the Association as the exclusive representative of all sworn, full-time, non- management fire employees of the City for purposes of representation on wages, hours, fringe benefits, and other terms and conditions of employment. As the representative of sworn, full-time, non -management fire employees, the Association is empowered to act on behalf of said employees, whether or not they are individually members of the Association.
The list of represented classifications at the time of entering this Agreement is as follows:
• Firefighter
• Patrol Engineer
• Fire Engineer
• Fire Captain
The City hereby agrees it shall no longer employ a part-time program for any rank except firefighter.
ARTICLE II - COMPLETE AND ENTIRE AGREEMENT
This Agreement, upon ratification and adoption, supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly stated. Moreover, to the extent not in conflict or inconsistent with the provisions herein, the parties understand and agree that existing City Personnel Rules and Placentia Fire and Life Safety Department Rules and Regulations, and other City rules, regulations, and policies, continue to apply, as presently constituted.
ARTICLE III - SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this MOU is for any reason held to be invalid, illegal, unconstitutional or unenforceable by reason of any existing or subsequently enacted state or federal legislation, regulation or order or decree of a court of competent jurisdiction, the invalidation of such part of this MOU shall not affect the validity of the remaining portion of this MOU. Either party may request to meet and confer over the impacts that the invalidation of any section, clause, or provision causes.
ARTICLE IV - TERM
The term of this Memorandum of Understanding shall be July 1, 2023 through June 30, 2025. The terms of this Memorandum are to remain in full force and effect upon adoption of the MOU by the City Council through June 30, 2025.
ARTICLE V - SALARY
A. Base Salary
The base salaries for represented classifications shall be as set forth in Appendix A to this MOU.
B. Compensation Ad.ustments
1. Effective the first full pay period following July 1, 2023, the salary range will be increased by six percent (6%). Individuals will receive an adjustment of six percent (6%) related to the change in the salary schedule.
2. Effective the first full pay period following July 1, 2024, the salary range will be increased by four percent (4%). Individuals will receive an adjustment of four percent (4%) related to the change in the salary schedule.
C. One -Time Compensation
All employees in paid status as of the approval and adoption of the MOU will receive a one-time compensation of five percent (5%) at base rate of pay. The compensation payment would be paid upon completion of the next full pay period after adoption of the MOU.
D. Salary upon appointment
Appointments are typically made at the entry step of the salary range. The Fire Chief or City Administrator may authorize at the time of appointment placement at any step within the salary range for individuals with experience, knowledge, skills, and/or abilities related to the classification.
E. Movement within the salary range
Individuals are eligible for advancement within the established salary step range based upon obtaining a "meets standards" or better overall rating on their annual performance evaluation. Advancement within the salary range based on performance shall not occur more than once for every twelve (12) months of service and shall not exceed a one-step increase (5.4%) in pay.
F. Salary upon promotion
Every promotion from one class to a higher class shall carry a minimum increase in base salary of 5.4%. In the event a promotion is made within six months of the employee's salary anniversary date, the placement on the new range shall be at a minimum increase in base salary of 8.1% or 10.8% over the current rate. If promotion occurs less than 3 months from the last merit increase, use 8.1%. If promotion occurs when merit is due within 3 months, use 10.8%.
ARTICLE VI - EDUCATION INCENTIVE PAY
Employees covered by this agreement shall be eligible to receive one of the following educational bonus payments:
REQUIREMENTS
ADDITIONAL PAY
AA Degree
2% of Base Pay
Bachelor's Degree
4% of Base Pay
Master's Degree or PhD
6% of Base Pay
ARTICLE VII - LONGEVITY PAY
The City Agrees to implement a longevity pay program to be administered in the following manner:
1. Employees who have completed five (5) years of City Service shall receive longevity pay of four (4%) applied to the base rate of pay.
2. Employees who have completed fifteen (15) years of City Service shall receive longevity pay of five (5%) (for a total of 9%) applied to the base rate of pay.
ARTICLE VIII - BILINGUAL PAY
Employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability if regularly used, may be designated by the appointing authority to receive Bilingual Pay differential of $175 a month to speak another language. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.
ARTICLE IX - CERTIFICATION PAY
Unit Employees who obtain certifications through the Office of State Fire Marshall above the level of a Firefighter II certificate, are eligible for the following pay per certificate:
Firefighter: $195 per month
• Fire Engineer/Patrol Engineer: $223 per month
• Fire Captain: $260 per month
Unit employees are only eligible for maximum of two (2) certificate pays.
ARTICLE X — EMT REQUIREMENTS
Employees shall, as a condition of employment, be required to maintain a California EMT - 1 with the County of Orange, Department of Health, Emergency Medical Services Section. In addition, employees shall demonstrate their required skill proficiency at intervals not to exceed 6 months. Violation of this condition of employment shall be deemed good cause for reprimand and possible dismissal. Employees who are licensed paramedics within the State of California shall be deemed to meet this requirement.
Employees shall be solely responsible for ensuring that their EMT -1 licenses are renewed prior to expiration, and the City will reimburse employee for any renewal fees. Employees who allow their licenses to expire will not be allowed to provide patient care and may be reassigned to other duties until their license is renewed. Employees must provide the City with a copy of their valid and current EMT -1 licenses which the City will keep on file in the employee's personnel records. Continuing education requirements and training to maintain an EMT -1 license shall be provided by the City, while the employee is on -duty.
ARTICLE XI - OVERTIME
A. Definition
For non-exempt full-time employees, overtime shall be defined as all hours actually worked or deemed worked in excess of one hundred and eighty-two (182) hours in a twenty-four (24) consecutive day work period. All overtime must be pre - approved by the Fire Chief or his/her designee.
B. Compensation
Any employee who works overtime shall be compensated at FLSA premium rates, i.e., one and one-half (1-1/2) times the employee's regular rate of pay including any applicable special rate supplement or locality payment.
C. Payment
Payment for overtime premiums shall be made in the pay period containing the end of the FLSA work period to allow for the computation of overtime to be determined.
D. Calculating Time
Hours worked shall be tracked in increments of quarter hour increments. Time worked under 8 minutes shall be deemed de minimus. Time worked of 8 minutes or more shall be rounded up to the next quarter hour.
E. Compensatory Time
1. Unit employees may accrue Compensatory Time Off (CTO) in lieu of working overtime per the definition above in Section A. No employee may accrue greater than 96 hours of CTO at any one time.
2. For unit employees with accrued CTO, those employees may elect to cash out this time. Employees with CTO above the accrual cap at the end of the term of the contract will automatically be paid out as cash at their regular rate of pay.
3. Unit employees who are promoted to another classification will be paid accrued CTO at their regular rate of pay prior to promotion.
4. Leave cash out as outlined in this section may be paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable Internal Revenue Service Limits.
F. Need to fill a Shift
When there is a need to fill a shift or a partial shift, the following steps must be followed:
Captains
Engineers
Firefighters
Step 1
Offer to Captain
Offer to Engineers,
including Patrol
Engineers
Offer to Part time
Firefighter
Step 2
Offer to Actor
Offer to Actor
Offer to Full Time
Firefighter
Step 3
Captain Mandate
Offer to Captain
Offer to Engineers,
including Patrol
Engineers
Step 4
N/A
Engineer Mandate,
including Patrol
Engineers
Firefiighter Mandate
G. Pilot Program — Patrol Unit
Association is willing to agree to a pilot program for the term of this agreement wherein the City will employee three Firefighters to work on the Patrol unit (one Firefighter per shift), on a 48/96 schedule. Firefighters assigned to the Patrol unit can be used on the engine/truck only when an absence on the engine/truck is caused by a call -out with less than 48 hours' notice, to avoid a mandate, or to fill a long-term vacancy. When the Firefighter assigned to the Patrol unit is absent for any reason, it shall be at the discretion of the Fire Chief to fill this vacancy or to take the Patrol unit out of operation for that shift.
Captains
Engineers
Firefighters
Step 1
Offer to Captain
Offer to Engineers,
including Patrol
Engineers
Offer to Firefighter
assigned to Patrol
per pilot program
Step 2
Offer to Actor
Offer to Actor
Offer to Part-time
Firefighter
Step 3
Captain Mandate
Offer to Captain
Offer to Full-time
Firefighter
Step 4
N/A
Engineer Mandate,
including Patrol
Engineers
Offer to Engineers,
including Patrol
Engineers
Step 5
N/A
N/A
Firefighter Mandate
ARTICLE XII - HOURS WORKED/WORK SCHEDULE
A. Work Period
In accordance with the provisions of the Fair Labor Standards Act (FLSA), the work period consists of twenty-four (24) consecutive days. The City declares a 7(k) exemption under the FLSA. Paid leaves including but not limited to AHW, PTO, holiday and bereavement are not considered hours worked.
B. Work Schedules
Full-time suppression personnel (not including the Patrol Engineer) will work a 48/96 schedule. Each regular shift will consist of 48 consecutive work hours, which will be followed by 96 consecutive hours off duty, unless recalled to work. The City shall maintain three (3) shifts designated as "A," "B," and "C" shifts. Patrol Engineer(s) will work a 4/12 schedule.
The Fire Chief may change/adjust station assignments and work shifts (A, B or C shift) to meet operational needs.
Initial hire probationary employees may be assigned to any station and/or work shift.
C. Hours of work
1. All Employees except Patrol Engineer
Each 24 -hour workday begins at 0800. A work shift begins at 0800 and is complete after 48 hours of work. Shift change occurs at 0800. There are two (2) twenty -four- hour days in each shift. The Fire Chief shall have the discretion to adjust the start of a work shift as he/she sees fit to meet operational needs, subject to the duty to meet and confer.
2. Patrol Engineer
Each 12 -hour workday begins at 0800 and ends at 2000. The Patrol Engineer shall supplement core fire suppression (heavy apparatus) operations only. It shall ideally operate for 12 -hours a day, 7 days a week during peak call volume periods. As the Patrol is only supplementary, it shall only be placed in service if designated patrol staffing are available. The Fire Chief shall have the discretion to adjust the start of a work shift as he/she sees fit to meet operational needs, subject to the duty to meet and confer.
D. Consecutive Hours Worked
1. There will be a ninety-six (96) consecutive hours cap on the number of hours an employee can be required to work (break in between is 24 hours), except in cases of emergency to maintain staffing levels for emergency responses. Employees may agree to work up to 120 consecutive hours.
2. The Consecutive Hours cap will not apply to strike teams and hours worked while on a strike team will be managed by the State Mutual Aid Agreement.
E. Hours related to December 24/25 (Christmas Lanquace)
In the event that the 48/96 schedule requires a shift (affected shift) to work on both December 24 and December 25, the affected shift will switch scheduled workdays with the proceeding shift (relief shift) as follows: The entire affected shift will work on December 22 and December 25, the entire relief shift will work December 23 and December 24. These changes will be considered regular workdays for the shifts and are subject to normal Fire Department practices regarding leave requests, shift trades, etc.
ARTIICLE XIII - STAFFING
Placentia Fire and Life Safety Department heavy apparatus shall be constantly staffed with two (2) three -person companies supervised by one (1) Battalion Chief or Acting Battalion Chief. Reserve Firefighters shall staff the fourth seat on each apparatus in service when available. Each of the two (2) 3 -person companies shall consist of an Engine or Quint staffed by full-time and part time personnel in the following ranks:
• 1 Captain (full time)
• 1 Engineer (full-time)
• 1 Firefighter (Full or Part -Time)
In addition to the two required engines/quints, the City may elect to operate a Patrol staffed by a minimum of one (1) full-time Patrol Engineer, with the option of one additional full-time or part-time firefighter.
Part-time firefighters are scheduled to work on an engine only pursuant to the overtime protocol, below, or as a fourth person.
ARTICLE XIV - ACTING ASSIGNMENTS
Employees may volunteer to act in a higher classification provided the employee has completed the actor's task book for the higher classification. The Fire Chief may assign employees to act in a higher classification when there is a long-term absence (anticipated to last 90 days or longer). Employees may not act in a higher classification when there is a permanent vacancy and a promotional list for the higher classification exists. Employees shall be paid at the bottom step of the acting class or at a step that provides the employee a minimum of a five percent (5%) increase in their compensation, whichever is greater.
The acting assignment shall end at the discretion of the City, but in no event longer than six months. An individual may serve in an acting capacity for up to 12 -months only if there is a vacancy occasioned by a long-term injury or illness, the injured employee remains employed by the City and there is no other employee willing and qualified to serve in the acting capacity.