______________________
EXHIBIT B
SCHEDULE
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Item 16 Page 71 of 350
Year 1
Item Description Units Quantity Unit Monthly Yearly
No. Cost Cylinder Amount
Rental
Cost
Each
1. CEMS Gas Cylinder Ed 16 $348.93 $0.31/day $5,582.88 9ppm CO, 9ppm NO Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas Cylinder Ea 15
180ppm CO $300.08 $0.31/day $4,501.20
135ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas Cylinder, Ea 24
1600pp m CO, $300.08 $0.31/day $7,201.92
90ppm NO Balance
N2 EPA Protocol,
140cf @ 2000 si
4. CEMS Gas Cylinder Ea 25 $118.77 $0.31/day $2,969.25
Acid Rain Nitrogen,
99.9995% 144cf
@2000 psig, CGA
580
5. CEMS Gas Cylinder EQ 1 $395.00 $0.31/day $395.00 2.Sppm CO Bal,
2.Sppm NO
Balance N2 EPA
Protocol, 140cf @
2000
6. CEMS Gas Cylinder Ea ~ $395.00 $0.31/day $395.00 S.Sppm CO Bal,
5.5ppm NO
Balance N2 EPA
Protocol, 140cf @
2000
7. 500ppm CO eCt
—
~ — $25~ g3 $0.31/day $257.83
Balance, 37.5ppm
NO Balance N2 EPA
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Item 16 Page 72 of 350
Protocol, 140cf @
2000 psig CGA 660
8. CEMS Gas Cylinder EQ 1 $257.83 $0.31/day $257.83
1100ppm CO Bal,
82.5ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
9. CEMS Gas Cylinder ea 1 $soo.os $0.31/day $300.08
1800ppm CO Bal,
135ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
10. CEMS Gas Cylinder, ec 1 $3o2.s2 $0.31/day $so2.s2
50ppm CO Balance
N2 EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1. CEMS Gas Cylinder ea 1 $229 ~2 $p.31/da Y ~229'~2 1 lOppm CO Balance N2 EPA
Protocol, 140cf @
2000 s i
12. CEMS Gas Cylinder, eo 1 $187.83 $0.31/day $187.83 CGA 590 5.25% 02 Balance N2 EPA
Protocol, 140cf @
2000 si
13. CEMS Gas, 1 1.55% ea 1 $187.83 $0.31/day S~ 87 a:~ 02 Balance N2 EPA Protocol, 140cf @
2000 si , CGA 590
14. CEMS Gas Cylinder ea 1 $3 2•$2 X0.31/day $302.82
18.9% 02 Balance
N2 EPA Protocol,
140cf @ 2000 psig,
CGA 590
15. Ultra High Purity ea _2 $37 .00 $0.31/day
_
~~50.00
GRADE HELIUM,
99.999%, 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $85.30 $0.31/day $1706.00
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Item 16 Page 73 of 350
Cylinder NI 230LMP
- HRSG
YEAR 1 BID TOTAL $ 25,528.01
YEAR 1 WRITTEN AMOUNT
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Item 16 Page 74 of 350
Year 2
Item Description Units Quantity Unit Monthly Yearly
No. Cost Cylinder Amount
Rental
Cost
Each
1 . CEMS Gas ea 6 ~ $359.40 $0.31/day $5,750.40 Cylinder 9ppm CO, 9ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas ea 15 X309.08 $0.31/day $4,636.20 Cylinder 180ppm CO 135ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas ea 24 $309.08 $0.31/day S7,417.92
Cylinder, 1600pp
m CO, 90ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
4. CEMS Gas ea 25 $122.33 $0.31/day $3,058.25 Cylinder Acid Rain Nitrogen,
99.9995% 144cf
@2000 psig, CGA
580
5. CEMS Gas ea 1 $406.85 $0.31/day $406.85 Cylinder 2.5ppm CO Bal, 2.5ppm
NO Balance N2
EPA Protocol,
140cf @ 2000
$406.8: 6. CEMS Gas ea 1 $406.85 $0.31/day
Cylinder 5.5ppm
CO Bal, 5.5ppm
NO Balance N2
EPA Protocol,
140cf @ 2000
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Item 16 Page 75 of 350
7. 500ppm CO ea ~ $265.56 $0.31/day $265.56
Balance,
37.5ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si CGA 660
8. CEMS Gas ea ~ $265.56 $0.31/day $265.56
Cylinder 1 100ppm
CO Bal, 82.5ppm
NO Bal N2 EPA
Protocol, 140cf @
2000
9. CEMS Gas ea ~ $309.08 $0.31/day $309.08
Cylinder 1800ppm
CO Bal, 135ppm
NO Bal N2 EPA
Protocol, 140cf @
2000
10. CEMS Gas ea 1 $311.90 $0.31Iday $311.90
Cylinder, 50ppm
CO Balance N2
EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1 . CEMS Gas ea ~ $236.61 $0.311day $236.61
Cylinder 110ppm
CO Balance N2
EPA Protocol,
140cf @ 2000 si
12. CEMS Gps ea 1 $193.46 $0.31/day $193.46
Cylinder, CGA 590
5.25% 02 Balance
N2 EPA Protocol,
140cf @ 2000 si
13. CEMS Gas, 1 1.55% ea 1 $193.46 $0.31/day $193.46
02 Balance N2
EPA Protocol,
140cf @ 2000 psig,
CGA 590
14. CEMS Gas ea 1 $311.90 ~0.31Iday $311.90
Cylinder 18.9 02
Balance N2 EPA
Protocol, 140cf @
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Item 16 Page 76 of 350
2000 psig, CGA
590
15. Ultra High Purity ea 2 $386.25 $0.31/day $772.50 GRADE HELIUM,
99.999%, 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $87.86 $0.31/day $1757.20
Cylinder NI
230LMP - HRSG
YEAR 2 BID TOTAL $26,293.70
YEAR 2 WRITTEN AMOUNT
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Item 16 Page 77 of 350
Year 3
Item Description Units Quantit Unit Monthly Yearly
No. y Cost Cylinder Amount
Rental
Cost
Each
1. CEMS Gas Cylinder ea 16 $370.18 $0.31/day ~5,s22.8s
9ppm CO, 9ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas Cylinder ea 15 $318.35 $0.31/day $4,775.25
180ppm CO 135ppm
NO Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas Cylinder, ea 24 $318.35 X0.31/day $7,640.40 1600pp m CO,
90ppm NO Balance
N2 EPA Protocol,
140cf @ 2000 si
4. CEMS Gas Cylinder ea 25 $126.00 $0.31Iday $3,150.00
Acid Rain Nitrogen,
99.9995 144cf
@2000 si , CGA 580
5. CEMS Gas Cylinder ea 1 X419.06 $0.31/day $419.06
2.Sppm CO Bal,
2.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
6. CEMS Gas Cylinder ea 1 $419.06 $0.31/day
_
$419.06 5.5ppm CO Bal,
5.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
7. 500ppm CO ea 1 X273.53 $0.31/day $273.53
Balance, 37.5ppm
NO Balance N2 EPA
Protocol, 140cf @
2000 si CGA 660
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Item 16 Page 78 of 350
8. CEMS Gas Cylinder ea 1
~2~3.53 $0.31/day $273.53
1 100ppm CO Bal,
82.Sppm NO Bal N2
EPA Protocol, 140cf
@ 2000
9. CEMS Gas Cylinder ea ~ $318.35 $0.31/day $318.35 1800ppm CO Bal, 135ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
10. CEMS Gas Cylinder, ea 1 $321.26 X0.31/day $321.26 50ppm CO Balance N2 EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1. CEMS Gas Cylinder ea ~ $243.71 $0.31/day $243.71 1 lOppm CO Balance N2 EPA Protocol,
140cf @ 2000 si
12. CEMS Gas Cylinder, ea 1
$199'27 $0.31/day $19927 CGA 590 5.25 02
Balance N2 EPA
Protocol, 140cf @
2000 S
13. CEMS Gas, 1 1.SS~o ea 1 X199.27 $0.31/day $199.27
02 Balance N2 EPA
Protocol, 140cf @
2000 si , CGA 590
14. CEMS Gas Cylinder ea 1
18.90 02 Balance N2 $321.26 $0.31/day $321.26
EPA Protocol, 140cf
@ 2000 psig, CGA
590
15. Ultra High Purity ea 2 $397.84 $0.31/day $795.68 GRADE HELIUM,
99.999 , 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $90.49 $0.31/day $1809.80
Cylinder NI 230LMP -
HRSG
YEAR 3 BID TOTAL ~ 27,082.31
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Item 16 Page 79 of 350
YEAR 3 WRITTEN AMOUNT
All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items.
All other costs, including, but not limited to, tariffs, environmental fees, or disposal costs, must be specifically listed in the bid response and itemized for each year.
If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
Resp~`t~lly submitted:
n
~~ ~E ~ C r~ ~ C C,~~7/. S
Title
~'-1~-(5 ~. ~ ~ ~I f~oM ~eyc h ~~ 9~f~
Address
o~.~,~-~
Date
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Item 16 Page 80 of 350
Matheson Tri-Gas, Inc.
Labor and Materials Contract
______________________
EXHIBIT C
PROPOSAL
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Item 16 Page 81 of 350
VERNON
C A L I F O R N I R
Request for Bids
Specialty Gases for the Malburg
Generating Station
CITY OF VERNON
VERNON PUBLIC UTILITIES
4305 SANTA FE AVENUE, VERNON, CA 90058
Phone: (323) 583-8811
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Item 16 Page 82 of 350
REQUEST FOR BIDS
Purchase of Specialty Gases for the Malburg Generating Station by the City of Vernon
One original sealed bid must be signed and submitted prior to 5:00 p.m., January 5, 2026 ("Bid Deadline"), to the City Clerk's Office, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.
All Bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the Bid and the bidder's name and address appearing on the outside (each, a "Bid Package").
Bids shall be clearly titled and should be mailed or delivered in person before 5:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk's Office of January 5, 2026, at 5:00 p.m. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all Bid Packages are opened and announced, the contents (collectively, the "Completed Bid Forms" and the uncompleted forms, the "Bid Forms") will be made available for public review. Except as set forth in Paragraph 16 ("Public Records"), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record.
Bid Documents are available at no charge at
www.citvofvernonca.c~ov/planetbids.
City of Vernon Contact Person: Vernon Public Utilities
Attention: Efren Peregrina, Procurement Specialist
Phone: [323) 583-8811 ext. 355
Email: [email protected]
Mandatory Specifications:
A Bid shall be rejected as non-responsive if the Bidder fails to document in its Bid that Bidder meets the requirements of the mandatory specifications described in this Request for Bids.
General Scope:
Bidders shall furnish materials and/or equipment as specified above and under the below conditions:
This bid is to supply specialty gases to the Malburg Generating Station for a term of three (3) years.
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Item 16 Page 83 of 350
The quantity listed below is the approximate usage per year for each gas. The onsite total is the amount generally kept at the facility.
Item Gas Order Cylinder Size Quantity Approximat
No. Nomenclature (in.) (diameter kept on- e Yearly
length) and ite Usage
Material
1 CEMS Gas Cylinder x 48 6 16
ppm CO, 9ppm NO luminum
Balance N2 EPA
Protocol, 140cf @
000 si
CEMS Gas Cylinder x 48 6 15
180ppm CO 135ppm luminum
NO Balance N2 EPA
Protocol, 140cf @
000 si
CEMS Gas Cylinder, x 48 6 24
1600pp m CO, luminum
Oppm NO Balance
N2 EPA Protocol,
140cf @ 2000 si
CEMS Gas Cylinder x 48 6 25
cid Rain Nitrogen, luminum
9.9995% 144cf @2000
si , CGA 580
CEMS Gas Cylinder x 48 1 1
.Sppm CO Bal, luminum
.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
6 CEMS Gas Cylinder x 48 1 1
.5ppm CO Bal, luminum
.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
7 OOppm CO Balance, x 48 1 1
7.5ppm NO Balance luminum
N2 EPA Protocol,
140cf @ 2000 psig
GA 660
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Item 16 Page 84 of 350
CEMS Gas Cylinder x 48 1 1
1100ppm CO Bal, luminum
2.Sppm NO Bal N2
EPA Protocol, 140cf @
000
CEMS Gas Cylinder x 48 1 1
1800ppm CO Bal, luminum
135ppm NO Bal N2
EPA Protocol, 140cf @
000
10 CEMS Gas Cylinder, x 48 1 1
Oppm CO Balance luminum
N2 EPA Protocol,
140cf @ 2000 psig,
CGA 350
11 CEMS Gas Cylinder x 48 1 1
110ppm CO Balance luminum
N2 EPA Protocol,
140cf @ 2000 si
12 CEMS Gas Cylinder, x 48 1 1
CGA 590 5.25% 02 luminum
Balance N2 EPA
Protocol, 140cf @
000 si
13 CEMS Gas, 11.55% 02 x 48 1 1
Balance N2 EPA luminum
Protocol, 140cf @
000 si , CGA 590
14 CEMS Gas Cylinder x 48 1 1
18.9% 02 Balance N2 luminum
EPA Protocol, 140cf @
2000 si , CGA 590
15 Ultra High Purity x 51 2 2
GRADE HELIUM, teel
9.999%, 244cf,
CGA580, Fuel Gas
BTU Anal zer
16 Liquid Nitrogen 0
Cylinder NI 230LMP -
HRSG
Delivery cost, return cost and any necessary tax must be included in the bid.
Taxes to be charged at 10.5%, which are subject to change. .
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Item 16 Page 85 of 350
Other Bidding Information:
Number of Contract days for delivery from date of placement of order:
Item No. (from table above) Number of contract days for delivery rom the placement of the order
1 1 day
1 day
1 day
1 day
6 weeks
7 6 weeks
6 weeks
6 weeks
10 6 weeks
1 1 6 weeks
12 6 weeks
13 6 weeks
14 6 weeks
15 1 week
16 days
2. Bidding Documents. Bids must be made on the Bid Forms) contained herein.
3. Acceptance or Rejection of Bids. The City reserves the right to reject any and all Bids, to award all or any individual part/item of the Bid, and to waive any informalities, irregularities or technical defects in such Bids and determine the lowest responsible Bidder, whichever may be in the best interests of the City. No late Bids will be accepted, nor will any oral, facsimile or electronic Bids be accepted by the City.
4. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
5. Qualifications and Company History. Bidder to submit a detailed statement of qualifications, outlining the firm's experience, technical expertise, .
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Item 16 Page 86 of 350
and company history. Identify key personnel who will be assigned to the project and their relevant experience.
6. References and Past Performance. Bidder to provide a minimum of three (3) references from existing or prior customers, including contact information.
Include a resume of past performance highlighting relevant projects completed, particularly with public agencies.
7. Manufacturing and Outsourcing Disclosure. Bidder to clearly identify any gas compositions that are not manufactured locally or directly by the bidder and are outsourced to third parties. Provide details of the outsourcing agreement to ensure supply chgin quality control, which is critical to power plant operations
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Item 16 Page 87 of 350
City of Vernon
Instructions for Bidders
Purchase of Specialty Gases for the Malburg Generating Station for the Vernon Public Utilities
City personnel with whom prospective Bidders will deal with are:
Efren Peregrina, Procurement Specialist, Vernon Public Utilities, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 355.
Bid opening date and time: January 5, 2026 at 5:00 p.m.
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058.
Bids must be received by the City Clerk prior to the time set for Bid opening. A bid received by the City Clerk after the time set for the Bid opening is a nonresponsive Bid and shall not be considered. Except as set forth in Paragraph 16 ("Public Records"), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matFer of public record.
GENERAL BID REQUIREMENTS
To be considered, a Bidder must strictly follow the format for Bids in the specifications. Bids must be binding and firm. Any Bids may be withdrawn before Bid opening, but once opened and announced, Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
INTERPRETATION OF BIDDING DOCUMENTS AND ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of this Request for Bids, these Instructions, the Bid Forms, or Addenda (as defined below) (together, the "Bidding Documents"), or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Request for Bids, or other designated individual. All Bidders shall submit such written requests to the City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to the City's Contact Person identified in this Request for Bids. .
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Item 16 Page 88 of 350
Any response (i.e., interpretation or correction) will be made only by written addendum ("Addendum") issued by the City and a copy of such Addendum will be delivered to all Interested Bidders (defined below) of record. Any Addenda issued must be acknowledged in the Bid and the cost of any additional equipment or modification thereto as a result of the Addenda shall be included in the Bid.
Bidder's failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Bidding Documents, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
B. Addenda will be made available for inspection at
www.cityofvernonca._c~ov/planetbids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.
2. OBTAINING BIDDING DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the Request for Bids. City will maintain a list of persons who obtained a copy of these Bidding Documents ("Interested Bidders"). Only Interested Bidders will receive Addenda, if so issued.
3. BID FORMS -SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.
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Item 16 Page 89 of 350
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for Specialty Gases for the Malburg Generating Station" followed by the date and time of the Bid Deadline, and the Bidder's name and address.
D. One Original Bid shall be mailed, hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.
E. Bids received after the Bid Deadline or at qny place other than the Office of the City Clerk will not be considered.
4. BID FORMS -AUTHORIZED SIGNATURES
A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with its usual wet ink signature.
B. Bid Forms shall be executed pursuant to the requirements governed by California law (please refer to the Authorized Signatures attached to this Request for Bids as Exhibit C).
5. BID FORMS -SCHEDULE OF BID PRICES
A. The Bidder shall include in its Bid prices) any and all expense or cost that may be necessary to complete the delivery in accordance with the requirements of the Contract. The cost of all mobilization and/or preparatory work for the shipment of equipment and/or supplies must be included in the Bid. The cost for freight/shipping and taxes must be included in the bid. No extra compensation will be paid to Bidder.
B. The Bidder shall list for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply materials and equipment. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the persons) signing the Bid. If any Bid, or portion thereof, is .
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Item 16 Page 90 of 350
determined by the City to be illegible, ambiguous or inconsistent, City may reject such Bid as being non-responsive.
C. In the case of a unit price item, the amount set forth as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, illegible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices far more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter "Na Change."
6. BIDDER'S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form attached to this Request for Bids as Exhibit A, shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the Affidavit, may be rejected.
7. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Request for Bids and the Standard Form of Contract, attached to this Request for Bids as Exhibit B. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder has been notified by the City that it is the selected Bidder. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.
8. PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or .
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Item 16 Page 91 of 350
deficiency therein, actual or relative.
9. SUBSTITUTIONS
No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within five (5) calendar days from the date of the notice awarding the Contract. Authorization of a substitution is solely within the discretion of the City.
A. Brand Name or Eaual. Specifications may refer one or more brand name products followed by the words "or equal." "Or equal" submissions will not necessarily be rejected because of minor differences in design, construction, or features which do not affect the suitability of the product for its intended use, except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion. The burden of proof that the product is equal for the intended use is on the Bidder.
B. Items Must be New and Current. Unless otherwise specified, the items offered shall all be new and the latest model, make, or manufacture, and free from defects and imperfections.
C. Bids on Alternate Items. When any Bidder offers an alternate item for consideration, the Bidderwill give complete specifications, name the brand and demonstrate that the alternate item is equal. The City reserves the right to reject any alternate item which it determines is not equally suitable for the specified purpose. The burden of proof is on the Bidder.
10. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and will be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids will not be considered unless this Request for Bids expressly permits such means of transmittal.
1 1. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's contact person designated in this Request for Bids. If such notice is written, it shall be signed by .
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Item 16 Page 92 of 350
the Bidder and shall be date-stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted and opened, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, ar cancelled for a period of ninety (90) days after award of the Contract.
12. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in this Request for Bids. A tabulation of all Bids received will be available for public inspection at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 14 below.
B. Evaluation of Bids.
Mandatory Specifications. A Bid shall be rejected as nonresponsive if the Bidder fails to document in its Bid that Bidder meets the essential requirements of the mandatory
specifications described in this Request for Bids.
2. Responsive Bid. A responsive Bid is c~ Bid which conforms, in all material respects, to the Bidding Requirements and Bidding Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Bidding Documents. .
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Item 16 Page 93 of 350
4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder far the delivery of the equipment covered by the Bid including, but not limited to, the experience of the Bidder in supplying and delivery of equipment and materials for public agencies.
By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of delivery of equipment or materials, conduct and
performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder's fulfillment of the request.
A. Tie Bids. If two or more Bids meeting the specifications and other requirements of the Bidding Documents are tied for low price, the Bids will be treated as follows:
(i) if there is a significant difference in the responsibility of the Bidders (including ability to deliver in the quantity and at the time required), the award will be made to
the Bidder who is deemed to be the most responsible.
(ii) if there is no significant difference in the responsibility of the Bidders, but there is a difference in the quality of the equipment or materials offered, the Bid offering the best quality of services will be accepted.
(iii) if there is no significant difference in the
responsibility of the Bidders and no difference in the
quality of the items offered, the Bid offering the earliest delivery time will be accepted in any case in which the Bid information specified that the needs of the City
require delivery as early as possible. In all other cases, delivery time will not be considered in making awards
so long as the Bidder states delivery will occur not later than the time specified in the Bid information as the
latest acceptable delivery time.
(iv) if the Bids quoting the same price are equal in every respect, the award may be split or made by lot.
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Item 16 Page 94 of 350
The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of the Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening.
14. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid.
15. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it is the selected Bidder, Bidder shall deliver to the City the following documents:
A. One executed Contract in the form attached to this Request for Bids as Exhibit B, properly executed by Bidder pursuant to the Authorized Signatures attached to this Request for Bids as Exhibit C.
B. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, (c) Professional Liability, if required, (d) Workers Compensation and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in the Standard Form of Contract, attached to this Request for Bids as Exhibit B.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following business day.
After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to Bidder for its files.
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Item 16 Page 95 of 350
16. PUBLIC RECORDS
City seeks to conduct its business openly. Upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or "proprietary," including any financial statements submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release.
If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.
17. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder.
A. Equal Employment Opportunity in Contracting. The City is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Bidders expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity
Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Bidder certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, .
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Item 16 Page 96 of 350
employees and recipients of service are treated equally and are not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status.
Bidder certifies that it will not maintain any segregated facilities.
Bidder shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Bidder shall require like compliance by all Subcontractors employed on the Work.
18. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Bidding Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City's notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.
B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid.
C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City's acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, .
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Item 16 Page 97 of 350
and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws.
[END OF DOCUMENT]
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Item 16 Page 98 of 350
AFFIDAVIT OF NON-COLLUSION
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Item 16 Page 99 of 350
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
being first duly sworn deposes
7 ~j ~ (~
and says that he/she is
"Sole Owner", "Pa(tner", "President, "Secretary", or other proper tide) of ~i~/'~ // ~
(Insert name of bidder)
who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bidlproposal;
b. 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/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bidlproposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element ofhis/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bidlproposal 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 or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.
I certify u~ler enal of perjury that the above information is correct By: '~ a,f Title: gG~9 ~r s. ~~i~ ~~S
Date: Q 1 "~ ~ ' `~ ~o
March 2013
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Item 16 Page 100 of 350
.■ .
STANDARD FORM OF CONTRACT
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Item 16 Page 101 of 350
LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR SPECIALTY GASES FOR THE MALBURG
GENERATING STATION
COVER PAGE
Contractor: [insert name of contractor] Matheson Gas
Responsible Principal of Contractor:
Notice Information -Contractor:
Notice Information -City:
Commencement Date:
Termination Date:
Consideration:
[insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Todd Dusenberry, General
Manager
Telephone: (323) 583-8811 ext.579
[insert commencement date]
[insert termination date]
Total not to exceed $[insert amount]
(includes all applicable sales tax); and
more particularly described in Exhibit C
Records Retention Period Three (3) years, pursuant to Section 8.3 .
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Item 16 Page 102 of 350
[Insert Contractor's Name]
Labor and Materials Contract
LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR SPECIALTY GASES FOR THE MALBURG
GENERATING STATION
Matheson Gas New Jersey
This Contract is made befinreen the City of Vernon, a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation, with headquarters located at [Contractor's Address] ("Contractor"). 3 Mountainview, Rd., Warren, NJ 07059
The City and Contractor agree as follows:
1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for Request for bid for Malburg Generating Station ~, as more fully set forth in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit "A".
2.0 All work shall be done in a manner satisfactory to the City's General Manager of Vernon Public Utilities (the "General Manager"), or the General Manager's' designee, in writing, and shall be of highest quality with respect to the contract specifications.
In the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. If Contractor fails to so cure its pertormance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work pertormed satisfactorily prior to the date of termination.
3.0 Contractor shall commence work upon the execution of this contract and shall perform work requested in writing by General Manager.
4.0 In consideration of satisfactory and timely Performance of requested work pursuant to the Schedule set forth in Exhibit "B," which is attached hereto and incorporated herein by reference, the City shall pay Contractor as follows:
The bid amounts, according to the requested and accepted price set forth in the Contractor's bid proposal, attached hereto and incorporated herein by reference as Exhibit "C". The total amount to be paid to Contractor during the term of this contract shall not exceed $78,904.02 Dollars ($000,000.00) without the prior approval of the City Council and without a written amendment of this contract.
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Item 16 Page 103 of 350
[Insert Contractor's Name]
Labor and Materials Contract
5.0 GENERAL TERMS AND CONDITIONS.
5.1 INDEPENDENT CONTRACTOR.
5.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
5.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
5.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors, if any, shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
5.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.
5.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. .
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Item 16 Page 104 of 350
[Insert Contractor's Name]
Labor and Materials Contract
5.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived.
5.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns.
5.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation.
5.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof.
5.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
6.0 INTERPRETATION.
6.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, without regards to its conflict of laws rules.
6.2 ENTIRE CONTRACT. This Contract, including any Exhibits attached hereto, constitutes the entire contract and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral).
6.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect.
6.4 SEVERABILITY. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion .
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Item 16 Page 105 of 350
[Insert Contractor's Name]
Labor and Materials Contract
shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract.
6.5 ORDER OF PRECEDENCE. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibitor otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contractor's bid.
6.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum.
6.7 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof.
6.8 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized.
6.9 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.
6.10 INDEMNITY.
6.10.1 Gontractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers,
employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of:
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Item 16 Page 106 of 350
[Insert Contractor's Name]
Labor and Materials Contract
A. any activity on or use of City's premises or facilities or any performance under this Contract; or
B. any acts, errors or omissions (including, without
limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract.
6.10.2 This Contract to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark
infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity contract.
6.11 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract.
6.12 INSURANCE. Contractor shall procure and maintain for the duration of the Contract, and for 3 years thereafter, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, or employees. The policies shall state that they afford primary coverage.
6.12.1 Automobile Liability Insurance. Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and nonowned automobiles or any auto. The policy shall have a combined single limit of not less than one million dollars ($1,000,000). If Contractor is transporting one or more non-employee passengers in the performance of the services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000). If Contractor owns no autos, a hired, non-owned auto endorsement to the General Liability policy is acceptable.
(A) Contractor agrees to subrogate automobile liability resulting from performance under this Contract by agreeing to defend, indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), .
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Item 16 Page 107 of 350
[Insert Contractor's Name]
Labor and Materials Contract
which are attributable to any act or omission by the Contractor under the performance of the services. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and, under the Contractors' policy, there shall be a waiver of subrogation, and the policy shall be primary and noncontributory and will not seek contribution from the City's insurance.
6.12.2 Commercial General Liability Insurance. Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a single limit of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) general aggregate limit written on an Insurance Sen~ices Office (ISO) Comprehensive General Liability "occurrence" Form CG 00 01 or its equivalent for coverage on an occurrence basis. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds with respect to liability arising out of the Contractor's performance of this Contract. The additional insured coverage under the Contractor's policy shall be primary and non-contributory and will not seek contribution from the City's insurance.
The policy shall be endorsed to include a waiver of subrogation. (A) If Contractor intends to employ subcontractors, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insured under its own policy or shall furnish separate insurance for each subcontractor, meeting the
requirements set forth herein.
(B) Contractor agrees to subrogate General Liability resulting from performance under this Contract by agreeing to defend,
indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the Contractor under the performance of the services.
6.12.3 Professional Errors and Omissions Coverage in a sum of not less than one million dollars ($1,000,000) where such risk is applicable. Applicable aggregate must be identified and claims history provided to determine amounts remaining under the aggregates. Contractor shall maintain such coverage for at least three (3) years after the termination of this Contract.
6.12.4 Contractors Pollution Liability (CPL) policy limit shall provide coverage of no less than $1,000,000 per claim and in the aggregate. Coverage shall .
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Item 16 Page 108 of 350
[Insert Contractor's Name]
Labor and Materials Contract
apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup cost, and cost of defense, including costs and expense incurred in the investigation, defense, or settlements of claims.
(A) Contractor shall obtain, pay for, and maintain for the duration of the Contract CPL insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall include, on behalf of the insured, for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work pertormed 'by or on behalf of the insured.
(B) All activities contemplated in the Agreement shall be specifically scheduled on the CPL policy as "covered
operation." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
(C) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees, and agents, shall be added to the policy as
additional insureds by endorsement.
6.12.5 Umbrella Liability Insurance. An umbrella (over primary) may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage and personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The umbrella policy shall have no additional exclusion or coverage difference from the primary policy. The coverage shall also apply to automobile liability.
6.12.6 Workers' Compensation/Employers Liability. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers' compensation insurance in accordance with the laws of California for all of the subcontractor's employees. Compliance is accomplished in one of the following manners:
(A) Provide a copy of the permissive self-insurance certificate approved by the State of California; or
(B) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a limit of one million dollars ($1,000,000) per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, .
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Item 16 Page 109 of 350
[Insert Contractor's Name]
Labor and Materials Contract
and volunteers for losses arising from performance of this Contract; or
(C) It Contractor has no employees, it may certify or warrant to the City that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code, and the requirement for Workers' Compensation coverage will be
waived by completing the waiver form provided by the City.
6.12.7 If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
6.12.8 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice to City.
6.12.9 Insurance shall be placed with insurers with an A.M. Best rating of no less than A-VIII. Any self-insured retention or deductible in excess of $25,000 must be approved in advance by the City. Any policies written on a claimsbased basis must include a minimum of a 3-year tail.
6.12.10 Prior to the commencement of pertormance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to evidence coverage on its behalf. The certificates) must be in a form approved by City. City may require complete, certified copies of any or all policies upon request.
6.12.11 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees, and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.
6.13 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered .
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Item 16 Page 110 of 350
[Insert Contractor's Name]
Labor and Materials Contract
or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.
If to the City: City of Vernon
Attn: Todd Dusenberry
General Manager
4305 Santa Fe Avenue
Vernon, CA 90058
With a Copy to: Brian Saeki
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.
6.14 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.
6.15 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice .
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Item 16 Page 111 of 350
[Insert Contractor's Name]
Labor and Materials Contract
of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute pertormance.
6.16 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under Chapter 2 of the Cartwright Act (commencing with Section 16700) or part 2 of Division 7 of the California Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
7.0 ADDITIONAL ASSURANCES.
7.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, the Contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "D".
7.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code.
8.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon.
If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such .
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Item 16 Page 112 of 350
[Insert Contractor's Name]
Labor and Materials Contract
additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
7.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law.
7.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ~/2 times the basic rate of pay. [Signatures Begin on Next Page].
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Item 16 Page 113 of 350
[Insert Contractor's Name]
Labor and Materials Contract
IN WITNESS WHEREOF, the Parties have executed this Contract as of the Commencement Date stated on the cover page.
City of Vernon, a California charter City [CONTRACTOR'S NAME], a [State and California municipal corporation incorporated in] corporation By:
Brian Saeki, City Administrator
ATTEST:
By:
Name:
Title:
By:
Name:
Genoveva Rocha, City Clerk Title:
APPROVED AS TO FORM:
Zaynah Moussa, City Attorney
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Item 16 Page 114 of 350
[Insert Contractor's Name]
Labor and Materials Contract
EXHIBIT A
SCOPE OF SERVICES
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Item 16 Page 115 of 350
[Insert Contractor's Name]
Labor and Materials Contract
EXHIBIT B
SCHEDULE
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Item 16 Page 116 of 350
[Insert Contractor's Name]
Labor and Materials Contract
EXHIBIT C
PROPOSAL
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Item 16 Page 117 of 350
[Insert Contractor's Name]
Labor and Materials Contract
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Contract, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Contract, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Contract shall be construed in any manner as to require or permit any act which is prohibited by law.
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Item 16 Page 118 of 350
r~~:ii~~i•~
AUTHORIZED SIGNATURES
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Item 16 Page 119 of 350
AUTHORIZED SIGNATURES ON CONTRACTS/TRANSACTION DOCUMENTS
TYPE OF ENTITY FIRST SIGNATURE SECOND SIGNATURE REFERENCE Corporation Chairperson of the board, president, any Corporate secretary, assistant Corp. Code sec. 313 vice president secretary, chief financial officer, any Corp. Code sec. 5213 assistant treasurer Corp. Code sec. 5214
(Any number of offices may be held by the
same person unless the articles or bylaws
provide otherwise, except that no person
serving as the secretary, the treasurer, or the
chief financial officer may serve concurrently
as the president or chair of the board.)
Limited Liability Company If managed by members — by any If managed by members — not Corp. Code sec. 17157 ("LLC") member required unless otherwise provided in
governing documents
If managed by manager — by a manager
If managed by managers) — by a
(A member or manager may have a title such as second manager (unless articles of president orvice-president) organization state there is only one manager)
General or Limited Partnership Any partner authorized as a signatory in Not required, unless "statement Corp. Code sec. 16301 "statement of partnership authority" of partnership authority" provides Corp. Code sec. 16303 recorded in County Recorder's Office (for otherwise
real property transactions) or filed with
secretary of state (for contracts, etc.)
If statement of partnership authority is
silent as to who is authorized to execute,
or for limited partnerships, require
general partner to sign.
Sole Proprietorship sole proprietor not required n/a
Parties executing a City contract or transactional document that are not identified above must also send a copy of the corporate minutes giving such persons) the authority to sign on behalf of the corporation. Subject to review and approval by the City Attorney's Office, the City may accept signatory authority created by valid corporate resolution or adopted corporate procedures manual.
If you encounter any other forms of title ownership or business entities, contact the City Attorney's Office for guidance on required signatures. .
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Item 16 Page 120 of 350
MANDATORY SPECIFICATIONS
1. General
a. Bidder has reviewed the list of specialty gases required by the Malburg Generating Station (MGS) and confirms its ability to supply all of the listed products for the duration of the contract. b. The Bidder is responsible for all testing and documentation required to ensure that the product delivered meets all specifications. The Bidder shall provide a current Safety Data Sheet (SDS) prior to or concurrent with the product's delivery.
2. Transportation and Delivery
a. Upon placement of each order, chemical gases shall be delivered to MGS with the period outlined in this Request for Bids. b. Deliveries shall be made between 7:00 a.m. and 5:00 p.m. Mondays through Fridays, excluding holidays, unless agreed upon by both parties in advance of delivery.
c. The Bidder is responsible for all testing and documentation required to ensure e that the product delivered meets all specifications. The Bidder shall provide a current SDS prior to or concurrent with the product's delivery.
d. Drivers and delivery personnel must demonstrate safe work practices appropriate to the product they are delivering and are expected to provide their own Personal Protective Equipment (PPE). e. All delivery personnel shall be trained in the specific properties and hazards of the product and utilize appropriate PPE while at the City's facility.
All of the above statements submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder.
hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct.
Signature of bidder
Print Name and Title
Alec Rike - Specialty Gas Specialist
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Item 16 Page 121 of 350
BID FORMS
SCHEDULE OF BID PRICES
PROJECT: Purchase of Specialty Gases for the Malbura Generating Station BIDDER'S NAME: Matheson Gas
BASE BID
Pursuant to and in compliance with your Request for Bids and Contract Documents relating to this Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of furnishing the materials and equipment, hereby proposes and agrees to fully deliver the materials and equipment within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully furnish the materials and equipment in a workmanlike manner) for the total Base Bid sum of:
78,904.02
term of three (3) years.
Dollars ($ 78,904.02 ) for a
'Note: Above price does not include fixed price costs for delivery ($55), product fuel surcharge ($22.45), and hazardous material charge ($25) Note: Delivery fees, product fuel surcharge, hazardous material charge prices can be referenced in the previously agreed upon 'Amendment No. 2 To The Labor and Materials Contract Between The City of Vernon and Matheson Tri-gas, Inc. For The Purchase of Specialty Gases.' Delivery fee = $55
Product Fuel Surcharge = $22.45
Hazardous Material Charge = $25.D0
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Item 16 Page 122 of 350
Year 1
Item Description Units Quantity Unit Monthly Yearly
No. Cost Cylinder Amount
Rental
Cost
Each
1. CEMS Gas Cylinder Ed 16 $348.93 $0.31/day $5,582.88 9ppm CO, 9ppm NO Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas Cylinder Ea 15
180ppm CO $300.08 $0.31/day $4,501.20
135ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas Cylinder, Ea 24
1600pp m CO, $300.08 $0.31/day $7,201.92
90ppm NO Balance
N2 EPA Protocol,
140cf @ 2000 si
4. CEMS Gas Cylinder Ea 25 $118.77 $0.31/day $2,969.25
Acid Rain Nitrogen,
99.9995% 144cf
@2000 psig, CGA
580
5. CEMS Gas Cylinder EQ 1 $395.00 $0.31/day $395.00 2.Sppm CO Bal,
2.Sppm NO
Balance N2 EPA
Protocol, 140cf @
2000
6. CEMS Gas Cylinder Ea ~ $395.00 $0.31/day $395.00 S.Sppm CO Bal,
5.5ppm NO
Balance N2 EPA
Protocol, 140cf @
2000
7. 500ppm CO eCt
—
~ — $25~ g3 $0.31/day $257.83
Balance, 37.5ppm
NO Balance N2 EPA
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Item 16 Page 123 of 350
Protocol, 140cf @
2000 psig CGA 660
8. CEMS Gas Cylinder EQ 1 $257.83 $0.31/day $257.83
1100ppm CO Bal,
82.5ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
9. CEMS Gas Cylinder ea 1 $soo.os $0.31/day $300.08
1800ppm CO Bal,
135ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
10. CEMS Gas Cylinder, ec 1 $3o2.s2 $0.31/day $so2.s2
50ppm CO Balance
N2 EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1. CEMS Gas Cylinder ea 1 $229 ~2 $p.31/da Y ~229'~2 1 lOppm CO Balance N2 EPA
Protocol, 140cf @
2000 s i
12. CEMS Gas Cylinder, eo 1 $187.83 $0.31/day $187.83 CGA 590 5.25% 02 Balance N2 EPA
Protocol, 140cf @
2000 si
13. CEMS Gas, 1 1.55% ea 1 $187.83 $0.31/day S~ 87 a:~ 02 Balance N2 EPA Protocol, 140cf @
2000 si , CGA 590
14. CEMS Gas Cylinder ea 1 $3 2•$2 X0.31/day $302.82
18.9% 02 Balance
N2 EPA Protocol,
140cf @ 2000 psig,
CGA 590
15. Ultra High Purity ea _2 $37 .00 $0.31/day
_
~~50.00
GRADE HELIUM,
99.999%, 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $85.30 $0.31/day $1706.00
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Item 16 Page 124 of 350
Cylinder NI 230LMP
- HRSG
YEAR 1 BID TOTAL $ 25,528.01
YEAR 1 WRITTEN AMOUNT
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Item 16 Page 125 of 350
Year 2
Item Description Units Quantity Unit Monthly Yearly
No. Cost Cylinder Amount
Rental
Cost
Each
1 . CEMS Gas ea 6 ~ $359.40 $0.31/day $5,750.40 Cylinder 9ppm CO, 9ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas ea 15 X309.08 $0.31/day $4,636.20 Cylinder 180ppm CO 135ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas ea 24 $309.08 $0.31/day S7,417.92
Cylinder, 1600pp
m CO, 90ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
4. CEMS Gas ea 25 $122.33 $0.31/day $3,058.25 Cylinder Acid Rain Nitrogen,
99.9995% 144cf
@2000 psig, CGA
580
5. CEMS Gas ea 1 $406.85 $0.31/day $406.85 Cylinder 2.5ppm CO Bal, 2.5ppm
NO Balance N2
EPA Protocol,
140cf @ 2000
$406.8: 6. CEMS Gas ea 1 $406.85 $0.31/day
Cylinder 5.5ppm
CO Bal, 5.5ppm
NO Balance N2
EPA Protocol,
140cf @ 2000
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Item 16 Page 126 of 350
7. 500ppm CO ea ~ $265.56 $0.31/day $265.56
Balance,
37.5ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si CGA 660
8. CEMS Gas ea ~ $265.56 $0.31/day $265.56
Cylinder 1 100ppm
CO Bal, 82.5ppm
NO Bal N2 EPA
Protocol, 140cf @
2000
9. CEMS Gas ea ~ $309.08 $0.31/day $309.08
Cylinder 1800ppm
CO Bal, 135ppm
NO Bal N2 EPA
Protocol, 140cf @
2000
10. CEMS Gas ea 1 $311.90 $0.31Iday $311.90
Cylinder, 50ppm
CO Balance N2
EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1 . CEMS Gas ea ~ $236.61 $0.311day $236.61
Cylinder 110ppm
CO Balance N2
EPA Protocol,
140cf @ 2000 si
12. CEMS Gps ea 1 $193.46 $0.31/day $193.46
Cylinder, CGA 590
5.25% 02 Balance
N2 EPA Protocol,
140cf @ 2000 si
13. CEMS Gas, 1 1.55% ea 1 $193.46 $0.31/day $193.46
02 Balance N2
EPA Protocol,
140cf @ 2000 psig,
CGA 590
14. CEMS Gas ea 1 $311.90 ~0.31Iday $311.90
Cylinder 18.9 02
Balance N2 EPA
Protocol, 140cf @
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Item 16 Page 127 of 350
2000 psig, CGA
590
15. Ultra High Purity ea 2 $386.25 $0.31/day $772.50 GRADE HELIUM,
99.999%, 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $87.86 $0.31/day $1757.20
Cylinder NI
230LMP - HRSG
YEAR 2 BID TOTAL $26,293.70
YEAR 2 WRITTEN AMOUNT
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Item 16 Page 128 of 350
Year 3
Item Description Units Quantit Unit Monthly Yearly
No. y Cost Cylinder Amount
Rental
Cost
Each
1. CEMS Gas Cylinder ea 16 $370.18 $0.31/day ~5,s22.8s
9ppm CO, 9ppm NO
Balance N2 EPA
Protocol, 140cf @
2000 si
2. CEMS Gas Cylinder ea 15 $318.35 $0.31/day $4,775.25
180ppm CO 135ppm
NO Balance N2 EPA
Protocol, 140cf @
2000 si
3. CEMS Gas Cylinder, ea 24 $318.35 X0.31/day $7,640.40 1600pp m CO,
90ppm NO Balance
N2 EPA Protocol,
140cf @ 2000 si
4. CEMS Gas Cylinder ea 25 $126.00 $0.31Iday $3,150.00
Acid Rain Nitrogen,
99.9995 144cf
@2000 si , CGA 580
5. CEMS Gas Cylinder ea 1 X419.06 $0.31/day $419.06
2.Sppm CO Bal,
2.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
6. CEMS Gas Cylinder ea 1 $419.06 $0.31/day
_
$419.06 5.5ppm CO Bal,
5.5ppm NO Balance
N2 EPA Protocol,
140cf @ 2000
7. 500ppm CO ea 1 X273.53 $0.31/day $273.53
Balance, 37.5ppm
NO Balance N2 EPA
Protocol, 140cf @
2000 si CGA 660
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Item 16 Page 129 of 350
8. CEMS Gas Cylinder ea 1
~2~3.53 $0.31/day $273.53
1 100ppm CO Bal,
82.Sppm NO Bal N2
EPA Protocol, 140cf
@ 2000
9. CEMS Gas Cylinder ea ~ $318.35 $0.31/day $318.35 1800ppm CO Bal, 135ppm NO Bal N2
EPA Protocol, 140cf
@ 2000
10. CEMS Gas Cylinder, ea 1 $321.26 X0.31/day $321.26 50ppm CO Balance N2 EPA Protocol,
140cf @ 2000 psig,
CGA 350
1 1. CEMS Gas Cylinder ea ~ $243.71 $0.31/day $243.71 1 lOppm CO Balance N2 EPA Protocol,
140cf @ 2000 si
12. CEMS Gas Cylinder, ea 1
$199'27 $0.31/day $19927 CGA 590 5.25 02
Balance N2 EPA
Protocol, 140cf @
2000 S
13. CEMS Gas, 1 1.SS~o ea 1 X199.27 $0.31/day $199.27
02 Balance N2 EPA
Protocol, 140cf @
2000 si , CGA 590
14. CEMS Gas Cylinder ea 1
18.90 02 Balance N2 $321.26 $0.31/day $321.26
EPA Protocol, 140cf
@ 2000 psig, CGA
590
15. Ultra High Purity ea 2 $397.84 $0.31/day $795.68 GRADE HELIUM,
99.999 , 244cf,
CGA580, Fuel Gas
BTU Anal zer
16. Liquid Nitrogen ea 20 $90.49 $0.31/day $1809.80
Cylinder NI 230LMP -
HRSG
YEAR 3 BID TOTAL ~ 27,082.31
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Item 16 Page 130 of 350
YEAR 3 WRITTEN AMOUNT
All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items.
All other costs, including, but not limited to, tariffs, environmental fees, or disposal costs, must be specifically listed in the bid response and itemized for each year.
If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
Resp~`t~lly submitted:
n
~~ ~E ~ C r~ ~ C C,~~7/. S
Title
~'-1~-(5 ~. ~ ~ ~I f~oM ~eyc h ~~ 9~f~
Address
o~.~,~-~
Date
.
.
Item 16 Page 131 of 350
Matheson Tri-Gas, Inc.
Labor and Materials Contract
______________________
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Contract, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Contract, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Contract shall be construed in any manner as to require or permit any act which is prohibited by law.
.
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Item 16 Page 132 of 350
City Council Agenda Report
Meeting Date: February 3, 2026
From: Genoveva Rocha, City Clerk
Department: City Clerk
Submitted by: Sandra Dolson, Deputy City Clerk
Subject
Zoning Code Amendments
Recommendation
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it has no potential to result in a direct or indirect physical change in the Environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because approval of the Ordinance will not result in the actual installation of any facilities in the City; therefore, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)). Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land); and
B. Adopt Ordinance No.1309 Amending Zoning Code to Regulate Wireless Telecommunication Facilities.
Background
During the Regular City Council Meeting on January 20, 2026, the City Council introduced Ordinance No. 1309 by title and waived further reading. This ordinance amends the Zoning Code to regulate Wireless Telecommunication Facilities. It establishes regulations for these structures, including design and development standards. The ordinance requires stealth or concealment measures when installations occur on new or existing buildings and limits freestanding antennas to a maximum height of 60 feet. Additionally, Ordinance No. 1309 mandates that new facilities obtain an approved Conditional Use Permit (CUP), which will have an expiration date of 10 years from the date of issuance.
The Summary of the Ordinance was posted on the City’s website on January 20, 2026, and published on January 22, 2026, pursuant to legal requirements.
Fiscal Impact
The fiscal impact of publishing the Ordinance summary is estimated at $250. Sufficient funds are available in the General Fund, City Clerk Department, Advertisement/Promotion Account No. 011-010-125-525000 for the current fiscal year.
Attachments
1. Ordinance No. 1309
2. Ordinance Summary Proof of Publication
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Item 17 Page 1 of 373
ORDINANCE NO. 1309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, AMENDING TITLE 17 (ZONING) OF THE VERNON MUNICIPAL CODE
TO REGULATE WIRELESS TELECOMMUNICATION FACILITIES
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a charted city of the State of California organized and existing under its charter and the Constitution of the State of California.
B. Vernon Municipal Code (VMC) Title 17 – Zoning (Zoning Code), establishes zoning regulations and provisions in the City and designates, regulates and restricts various matters of zoning and land use.
C. The City desires to amend the VMC to establish new standards for wireless telecommunication facilities that adhere to the limitations imposed by the Federal Communications Commission (FCC) and State law while protecting the public health welfare and aesthetic character of the City, and encourage the use of existing structures, minimize the proliferation of new support structures and reduce potential visual, environmental, and land use impacts.
D. A duly-noticed public hearing has been held to consider the proposed Zoning Code changes, and public testimony has been received and considered.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because approval of the Ordinance will not result in the actual installation of any facilities in the City therefore it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).
Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA Guidelines Sections 15301 (existing facilities), 15302 (replacement or reconstruction), .
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Item 17 Page 2 of 373
Ordinance No. 1309
15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land).
SECTION 4. Chapter 17.120 of Title 17 of the Vernon Municipal Code is hereby added to read as follows:
Chapter 17.120 WIRELESS FACILITIES
• 17.120.010 Purpose
• 17.120.020 Applicability, Exemptions, and Nonconforming Facilities • 17.120.030 Definitions
• 17.120.040 Permit Requirements
• 17.120.050 Application Submittal Requirements; Consultants • 17.120.060 Findings For Approval
• 17.120.070 Denial Without Prejudice
• 17.120.080 General Location, Design, and Siting Development Standards • 17.120.090 Limited Exceptions to Location, Design, and Development Standards • 17.120.100 Standard Conditions of Approval
17.120.010 Purpose
The purpose of this Chapter is to establish comprehensive requirements and standards for the development of wireless facilities in the City of Vernon on both public and private property and in the public right-of-way. These requirements and standards are intended to protect the public health, safety, welfare, and aesthetic character of the City of Vernon, encourage the use of existing structures, minimize the proliferation of new support structures, and reduce potential visual, environmental, and land use impacts.
17.120.020 Applicability; Exemptions, and Nonconforming Facilities A. Applicability. This Chapter applies to all wireless facilities within the City, unless specifically exempted herein.
B. Exempt Facilities. The following wireless facilities are exempt. Each exempt facility listed below shall fully comply with other applicable requirements of the Vernon City Code.
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1. Over-the-air-reception-devices (OTARD) antennas. A single ground-mounted or building-mounted antenna, including any mast supporting an antenna, that meets any of the following descriptions and is installed in order to serve a user on property within the exclusive use or control of the user and such user has a direct or indirect ownership or leasehold interest in the property:
a. Direct broadcast satellite antennas measuring one meter or less in diameter (or diagonal measurement) used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
b. Multipoint distribution services antennas measuring one meter or less in diameter (or diagonal measurement) used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and c. Television broadcast system antennas.
2. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.
All SES antennas require a building permit for review of placement to ensure that adequate health and safety requirements are met.
3. Facilities constructed by or for FCC-licensed amateur radio operators that comply with the following provisions:
a. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
b. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
c. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;
d. The turning radius of any antenna does not exceed 26 feet; and .
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e. All antennas and antenna structures shall comply with other applicable provisions of the Vernon City Code.
4. Wireless facilities that fall within the term “accessories” as defined in California Public Utilities Commission General Order 131-E, or any successor order
5. Wireless facilities installed, operated, or required by the City for municipal purposes.
6. Wireless facilities erected and operated for emergency situations, as designated by the City Manager, so long as the facility is removed at the conclusion of the emergency.
C. Nonconforming Facilities. All wireless facilities that were lawfully established or constructed before the adoption of this Chapter, but which would be prohibited, regulated, or restricted differently under the current terms of this Chapter are subject to Chapter 17.64 (Nonconforming Uses). Notwithstanding the foregoing, modifications to nonconforming wireless facilities that are submitted as and are determined to qualify as an eligible facilities request will be allowed in accordance with this Chapter.
17.120.030 Definitions
For the purpose of this Chapter only, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; and the word "shall" is mandatory and not discretionary.
“Amateur radio antenna” means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).
“Base station” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
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2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition. “Collocation” has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible facilities requests only, “collocation” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” “Eligible facilities requests ” has the same meaning as that term is defined in 47 C.F.R. §
1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”
“Eligible support structure” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.” “Equipment cabinet” means an enclosure used to house multiple items of equipment associated with a wireless facility.
“Existing” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s eligible facilities request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and .
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approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.” “Federal Communications Commission” or “FCC” mean the Federal Communications Commission or its lawful successor.
“Height” of a wireless facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.
“Monopole” means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless facility. “Personal wireless services” has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”
“Public property” is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality. It does not include public right-of-way.
“Public right-of-way” means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for street purposes.
“Roof-mounted” or “building-mounted” antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a Tower.
“Site” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the eligible facilities request process.” .
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“Small wireless facility” has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:
1. The facility:
a. Is mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
b. Is mounted on structures no more than 10% taller than other adjacent structures; or
c. Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under part 17 of this Chapter;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and
6. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b). “Stealth facility” means any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make all or portions of the facility either not readily visible to the public, or, if visible, appear to be part of or blend with the existing natural or built environment rather than as a wireless facility.
“Substantial change” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever .
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is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; a. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; a. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; b. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; c. It would defeat the concealment elements of the eligible support structure; or d. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv). “Tower” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, .
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and the associated site.” Examples include, but are not limited to, monopoles and lattice towers. This definition does not include utility poles. “Transmission equipment” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.” “Utility pole” means any structure designed to support electric, telephone, and similar utility lines. A Tower is not a utility pole.
“Wireless facility” or “facility” means any transmitters, antenna structures, equipment cabinets, supporting batteries, emergency standby generators, remote radio units (RRUs), concealment elements, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
17.120.040 Permit Requirements
A. Minor Modification Review. An application that qualifies as an eligible facilities request or a California Government Code section 65850.6 colocation facility shall be subject to minor modification review by the Director of Public Works in accordance with Section 17.72.120.
B. Conditional Use Permit. A conditional use permit shall be required for any other wireless facility or modification thereof that does not qualify for minor modification review under subsection (A) above, unless exempted by this Chapter.
C. Other permits required by code. In addition, applicants for permits required by this Chapter must also obtain all other permits and approvals required by the Vernon City Code in connection with the construction, operation and maintenance of the wireless facility, including but not limited to encroachment permits for accessing, working, or staging within the public right-of-way or on city-owned public property, building permits and other applicable approvals.
D. License agreement. Permits issued in accordance with this Chapter are not an authorization to use City property. No City property may be used for the deployment of a wireless facility without first entering into a license agreement with the City for such use and occupancy.
17.120.050 Application Submittal Requirements; Consultants .
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A. Application submittal requirements. An applicant seeking approval under this Chapter shall complete and submit an application to the Department for Public Works for review and processing, upon the form published by the Director of Public Works, which may be updated from time to time, and pay the associated application fees or deposits.
B. Consultants. The Director of Public Works is authorized, in his or her discretion, to select and retain independent consultant(s) in connection with the review of any application under this Chapter, including on any issue that involves specialized or expert knowledge in connection with an application, such as application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions exposure standards. The cost for the independent consultant shall be borne by the applicant.
17.120.060 Findings For Approval
The City Council or Director of Public Works considering an application for minor modification review, or a conditional use permit, as applicable and subject to this Chapter, may approve the application only upon making the following findings:
A. Findings of approval for a minor modification review under this Chapter. The Director of Public Works may approve a minor modification under this Chapter, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made in an affirmative manner:
1. For eligible facilities requests:
a. The proposed modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)–(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The Director shall make an express finding for each criterion.
2. For California Government Code section 65850.6 colocations:
a. The wireless facility complies with all of the requirements of Section 65850.6 of the California Government Code.
B. Findings of approval for a conditional use permit under this Chapter. The City Council may approve a conditional use permit under this Chapter, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made in an affirmative manner:
1. All findings for approval required for a Conditional Use Permit as specified in Section 17.72.060; and
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2. The wireless facility complies with all applicable requirements of this Chapter, or has met the requirements for a limited exception as outlined in Section 17.120.90.
17.120.070 Denial without Prejudice
A. Denial without prejudice. The denial of eligible facilities requests and California Government Code section 65850.6 collocations shall be without prejudice.
B. Denial without prejudice due to failure to respond to notice(s) of incompleteness. To promote efficient review and timely decisions, any application governed under this Chapter regardless of type may be denied without prejudice by the Director of Public Works when the applicant fails to tender a substantive response to the city within 120 calendar days after the Director of Public Works deems the application incomplete in a written notice to the applicant. The Director of Public Works, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.
17.120.080 General Location, Design and Development Standards Each wireless facility subject to this Chapter (except for eligible facilities requests and California Government Code section 65850.6 collocations) shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this Chapter.
A. Location Standards. Wireless facilities may be located in any zone within the City.
B. Design and Development standards. Wireless facilities shall be designed and developed to minimize their visual impact as viewed from surrounding properties and public streets. The following minimum standards shall apply:
1. Stealth/Concealment. All wireless facilities must be designed as a stealth facility to the maximum extent feasible. Stealth concealment techniques include, without limitation:
a. Transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure;
b. Deployment of facilities on a pre-existing building, water tank or similar structure not built for the purpose of a wireless facility using elements, measures, and techniques that mimic or blend in with the underlying structure, surrounding environment or adjacent uses;
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c. Deployment of roof-mounted facilities using parapets, cupolas or other screening that matches structure architecture, including use of a setback from the building’s rooftop edge by the equivalent of the height of the facility or a minimum of 10 feet, whichever is greater;
d. New architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure’s design; and e. Concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses. However, faux trees are not preferred.
2. Height. Freestanding wireless facilities (monopoles, towers) shall not exceed 60 feet in height, unless the applicant demonstrates that a taller structure is the minimum necessary to provide service consistent with FCC standards. Wireless facilities mounted on existing buildings or structures shall not exceed the height of the supporting structure by more than 10 feet.
3. Setbacks. Wireless facilities shall be subject to all applicable setbacks in the underlying zone.
4. Finishes. All exterior surfaces must be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials.
5. Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) on new poles within any tree drip line. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this Chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the City.
6. Lights. Wireless facilities may not include exterior lights other than as may be required under the Federal Aviation Administration, FCC, or other applicable Federal or State governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.
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7. Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other Federal governmental agencies for compliance with RF emissions regulations.
8. Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited. Alarm systems shall not include any visible alarms or audible sirens or other sounds. All screening elements including building and landscape elements shall be maintained in a safe and structurally sound condition consistent with approved plans.
9. Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and, if possible, improve the safety design.
10.Compliance With Laws. All wireless facilities must be designed and sited in compliance with all applicable Federal, State, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, this Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
11.Public health. No wireless facility shall be sited or operated in such a manner that it produces, either by itself or in combination with other such facilities, at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this paragraph (j) shall be grounds for the City to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.
17.120.090 Limited Exceptions to Location, Design, and Development Standards .
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A. The Director of Public Works and/or the City Council considering the application may grant exceptions to the location, design and development standards for wireless facilities subject to this Chapter, if it is determined that denial of an application or strict adherence to the design, development and location standards would:
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
2. Violate applicable laws or regulations other than (1) above; or
3. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
B. To be considered, the applicant must request an exception at the time of application submittal, and the applicant has the burden of proof.
C. If the Director of Public Works and/or the City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.
17.120.100 Standard Conditions of Approval.
A. All permits issued in accordance with this Chapter, whether approved by the Director of Public Works and/or the City Council considering the application, or deemed approved by the operation of law, shall be automatically subject to the conditions in this section; provided however, the Director of Public Works and/or the City Council shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis in its approval decision as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Chapter.
1. Permit term. The permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed- granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. This condition shall not apply to eligible facilities requests and California Government Code section 65850.6 colocations facilities.
2. Compliance with Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
3. Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this Code. The City may .
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require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigating strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
4. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the wireless facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Director of Public Works upon permittee’s receipt of the Director of Public Works’ written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the Director of Public Works upon that person’s verbal request.
5. Indemnities. The permittee and, if applicable, the owner of the private property upon which the facility is installed shall defend, indemnify and hold harmless the City of Vernon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
6. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the wireless facility.
7. General maintenance. The site and the wireless facilities, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
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8. Graffiti removal. All graffiti on wireless facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.
9. RF emissions exposure compliance. All wireless facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions exposure standards as certified by a licensed engineer.
10.Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. The wireless facility is constructed or modified as approved and in operation; or
c. The build-out period is extended by the City authority which originally approved the permit.
11.Lapse. The permit shall automatically lapse if, after the commencement of operation of the wireless facility, there is a discontinuance of the exercise of the entitlement granted by the permit for six (6) consecutive months or more.
12.Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
13.Utilities undergrounded. Unless the wireless facility is on a utility pole, extensions of electrical and telecommunications land lines to serve the wireless facility shall be underground.
14.Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on Cityowned public property.
15.Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the wireless facility in conformance with federal, state, and local laws, rules, and regulations.
16.Modifications. No changes shall be made to the approved plans attached to any permit issued in accordance with this Chapter, except as set forth in Section .
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17.72.120, and Section 17.72.130, whichever is applicable to the permit issued.
Following the completion of installation and/or construction approved under a permit issued in accordance with this Chapter, no changes may be made to the facility without review and approval as required by this Chapter.
17.Performance and maintenance. All wireless facilities, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.
18.Bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a bond or other surety or another form of security for the removal of the wireless facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee.
19.City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted wireless facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements.
20.Interference. To the extent required by applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility.
If a federal agency with jurisdiction over such matters notifies the permittee that a facility is operating in violation of federal standards, the permittee shall promptly provide the Director of Public Works with a copy of any notice of such violation issued by any federal agency and further shall notify the Director of Public Works once the facility comes back into compliance with applicable standards.
21.Discontinuance of use/Permit expiration. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, must promptly notify the Director of Public Works in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) .
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Item 17 Page 18 of 373
Ordinance No. 1309
and/or operator(s) must promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration must be completed within 60 days after the use is discontinued, and must be performed in accordance with all applicable health and safety requirements. For purposes of this paragraph, a discontinued use is permanent unless the facility is likely to be operative and used within the immediately following three-month period. A facility that is not removed and the site not restored as required by this paragraph (22) within six continuous months is deemed abandoned. An abandoned facility is a nuisance, subject to abatement pursuant to the provisions of the Vernon City Code.
22.Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval (except 17.120.100(A)(1) which does not apply), any eligible facilities request approved pursuant to this Chapter shall be subject to the following standard conditions unless modified by the Director of Public Works:
a. No permit term extension. The City’s grant or grant by operation of law of a permit for an eligible facilities request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a permit for an eligible facilities request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
b. No waiver of standing. The City’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning eligible facilities request or any eligible facilities request. c. Permit subject to conditions of underlying permit. Permits for eligible facilities requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
23.Conditions of Approval for California Government Code Section 65850.6 Colocation Facilities. In addition to the foregoing Standard Conditions of Approval (except 17.120.100(A)(1) which does not apply), any such colocation application approved pursuant to this Chapter shall be subject to the following standard conditions unless modified by the Director of Public Works:
a. No permit term extension. The City’s grant or grant by operation of law of a permit for a Government Code Section 65850.6 colocation facility constitutes a state-mandated modification to the underlying permit or approval for the subject “wireless telecommunications colocation facility” (as defined in Cal. Gov. Code Section 65850.6). The City’s grant or grant by operation of law of a permit for .
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Ordinance No. 1309
such facility will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunications colocation facility.
b. Permit subject to conditions of underlying permit. Permits for Government Code Section 65850.6 colocation facility requests shall be subject to the terms and conditions of the underlying permit for the existing wireless telecommunications colocation facility.
SECTION 5. Section 17.16.020 (Definitions) of Chapter 17.16 (Definitions) of Title 17 (Zoning) is hereby amended, to replace the definition of “Public utilities”, to read as follows:
"Public utilities" means facilities owned or operated by an entity that is not the City of Vernon, that is subject to governmental regulation such as the California Public Utilities Commission, and that provides an essential commodity or service such as water, power, transportation, or communication to the public. It shall include electrical substations, water or wastewater treatment plants, and similar facilities of public agencies or public utilities, but shall not include wireless facilities and property used solely for telecommunications antennae, cell towers wireless communications and related wireless transmission equipment.
SECTION 6. Section 17.16.020 (Definitions) of Chapter 17.16 (Definitions) of Title 17 (Zoning) is hereby amended, to delete the definitions “Cell tower” and “Telecommunications antenna” in their entirety.
SECTION 7. Section 17.22.020 (Permitted uses) of Chapter 17.22 (General Industry (I) Zone) in Title 17 (Zoning) is hereby amended to delete subsection (E) in its entirety. The remaining subsections to Section 17.22.020 shall be renumbered alphabetically accordingly.
SECTION 8. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.
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Item 17 Page 20 of 373
Ordinance No. 1309
SECTION 10. The City Clerk, or Deputy City Clerk, shall certify the adoption and publish this ordinance as required by law.
SECTION 11. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED February 3, 2026.
LETICIA LOPEZ, Mayor
ATTEST:
GENOVEVA ROCHA, City Clerk
APPROVED AS TO FORM:
ZAYNAH MOUSSA-MILWARD,
City Attorney
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Item 17 Page 21 of 373
Ordinance No. 1309
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I do hereby certify that the attached is a true copy of Ordinance No. 1309 that was introduced by the City Council of the City of Vernon, California, at its Regular meeting of January 20, 2026 and adopted at its Regular Meeting of February 3, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
GENOVEVA ROCHA, City Clerk
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This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027/ Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
HUNTINGTON PARK BULLETIN
1007 N SEPULVEDA BLVD STE 1357, MANHATTAN BEACH, CA 90266 (323) 556-5720 (213) 835-0584
PRE 4005460
GENOVEVA ROCHA
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA - 90058
ORD - ORDINANCE PUBLICATION
Ordinance No. 1309 - Introduction
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the HUNTINGTON PARK BULLETIN, a newspaper published in the English language in the city of HUNTINGTON PARK, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 06/14/1943, Case No. 485073. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
01/22/2026
01/22/2026
LOS ANGELES
!A000007302160!
Email
INTRODUCTIONSUMMARY
OFORDINANCENO.1309
AnOrdinanceoftheCityCounciloftheCityof
Vernon,AmendingTitle17(Zoning)ofthe
VernonMunicipalCodetoRegulateWireless
TelecommunicationFacilities.
OrdinanceNo.1309wasintroducedbythe
VernonCityCouncilatitsregularmeetingon
January20,2026.Secondreadingandadoption
oftheordinanceisscheduledfortheRegularCity
CouncilMeetingonFebruary3,2026,atCity
Hall,4305SantaFeAvenue,Vernon,California.
ThefulltextofOrdinanceNo.1309isonfilein
theCityClerkDepartmentandaccessibleonthe
City'swebsiteatwww.cityofvernonca.gov.
Posted:Tuesday,January20,2026
1/22/26
PRE-4005460#
HUNTINGTONPARKBULLETIN
..
Item 17 Page 23 of 373
City Council Agenda Report
Meeting Date: February 3, 2026
From: Brian Saeki, City Administrator
Department: City Administration
Submitted by: Brian Saeki, City Administrator
Subject
Personnel Transition Agreement
Recommendation
Approve and authorize the City Administrator to execute a Personnel Transition Agreement with the current Deputy City Administrator, in substantially the same form as submitted, which supersedes the employee’s At-Will Employment Agreement and approves certain executive-level benefits to be carried forward to the new classification of Deputy General Manager of Public Utilities.
Background
There is a demonstrated need within the Public Utilities Department for enhanced management support of the Natural Gas Division, as well as for legislative oversight in response to an evolving regulatory and legislative environment that directly affects all Utility divisions.
The current Deputy City Administrator, Angela Kimmey, possesses the necessary skill sets to meet these needs. She has over 25 years of utility experience with the cities of Vernon and Pasadena, providing policy guidance on strategic initiatives, managing government programs specifically in energy policy, state and federal legislative and regulatory advocacy, electric and natural gas compliance, utility finance, and risk management. In addition, the employee brings significant legislative experience and currently helps represent the City of Vernon at the federal, state, and local levels.
The City and employee are parties to an At-Will Employment Agreement dated January 31, 2022 (At-Will Employment Agreement), by which the City employs the incumbent in the at-will classification of Deputy City Administrator. The Deputy City Administrator position is an executive-level role and, as such, receives executive-level benefits. In contrast, the newly created Deputy General Manager of Public Utilities position is a management-level position and is therefore not eligible for executive-level benefits. The new classification of Deputy General Manager will not be designated as at-will and will not require an employment agreement.
In order to effectuate this classification change and due to the organizational needs outlined above, a Transition Agreement has been developed (Attachment 1). The proposed Transition Agreement would allow the employee to maintain the executive-level benefits she currently receives.
Pursuant to Government Code Section 54953(d) (3), prior to taking final action, an oral report summarizing the recommended executive-level benefits to be paid pursuant to the Transition Agreement will be provided.
If approved by the City Council, the Transition Agreement will supersede the existing At-Will Employment Agreement. The Transition Agreement has been approved as to form by the City Attorney. .
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Item 18 Page 1 of 7
Fiscal Impact
Approval of the proposed Personnel Transition Agreement will result in no net fiscal impact to the City. The employee will remain at their current salary grade and step and will continue to receive existing benefits. Following the transition, all compensation and benefits costs will be funded through the Public Utilities budget.
Attachments
1. Transition Agreement
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Item 18 Page 2 of 7
EMPLOYEE TRANSITION AGREEMENT AND RELEASE
BETWEEN THE CITY OF VERNON AND ANGELA P. KIMMEY
This Employee Transition Agreement and Release (“Agreement”) is entered into by and between the City of Vernon (“City”), and Angela P. Kimmey (“Employee”) (collectively “Parties”).
A. At-Will Agreement. City and Employee are parties to an At-Will Employment Agreement dated January 31, 2022 (“At-Will Employment Agreement”), by which the City employs Employee as an at-will employee in the classification of Deputy City Administrator.
B. Transition to For Cause. Based on current operational and personnel needs, the City desires to transition Employee from the at-will classification of Deputy City Administrator to the classification of Deputy General Manager of Public Utilities. Employee’s new classification will not be designated as at-will and will not require an employment agreement.
C. Termination of At-Will Agreement. In order to effectuate this classification change, the Parties agree and acknowledge that Employee’s At-Will Employment Agreement will terminate upon the effective date of this Agreement and in tandem with the Employee’s transition from the classification of Deputy City Administrator to the classification of Deputy General Manager of Public Utilities .
D. Salary Grade and Step. Upon Employee’s transition to the classification of Deputy General Manager of Public Utilities , Employee will be placed into the same salary grade and step she currently receives in the Deputy City Administrator classification. Employee’s salary and compensation as Deputy General Manager of Public Utilities will be administered through applicable Citywide compensation schedules and policies, or other salary schedule increases as may be approved by City Council.
E. Benefits Unchanged. Upon Employee’s transition to the classification of Deputy General Manager of Public Utilities, Employee shall continue to receive the same Executive benefits she currently receives in the Deputy City Administrator classification, including but not limited to auto allowance, vacation and sick leave accrual, and eligibility for Retiree Medical Benefits under Section 18(A) of the Citywide Fringe Benefits Policy, Executive category.
F. No Severance. The Parties agree and acknowledge that because Employee will continue to be employed by the City upon termination of her At-Will Employment Agreement, Employee is not entitled to severance pay pursuant to Section 6 of the At-Will Employment Agreement.
G. Consideration and Release. For good and valuable consideration, the adequacy of which Employee acknowledges, and as a material inducement to the City to maintain Employee’s existing salary and Executive-level benefits as referenced herein, Employee hereby releases and forever discharges the City and all of its current and former employees, agents, attorneys, insurers, and all individuals or entities acting on their behalf (collectively, the “Released Parties”), from any and all charges, claims, wages, causes of action, damages, and losses, of .
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whatever kind or nature (including but not limited to claims for wages, which have been fully paid prior to the execution of this Transition Agreement), directly or indirectly relating to Employee’s employment with the City, this transition of Employee’s classifications, or relating to or arising from any alleged act or omission by any of the Released Parties in connection with Employee’s employment up to the Effective Date of this Agreement.
H. Release of All Claims. Without limiting the generality of the foregoing, Employee expressly waives and releases all claims under any local, state, or federal law or regulation, all common law claims, all contractual claims, all claims for attorneys’ fees, and all claims pertaining to severance pay, wages, sick leave, vacation pay, life insurance, medical insurance, disability, or any other benefit of employment up to the Effective Date of this Agreement.
I. Section 1542 Waiver. Employee acknowledges and agrees that she is aware of and has been advised of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Employee hereby waives all rights which this provision or any comparable provision under any state or federal law may give to Employee. Employee intends to release all claims which she may not now know or suspect to exist in her favor against the City up to the Effective Date of this Agreement. Employee recognizes and acknowledges that factors which have induced Employee to enter into this Agreement may turn out to be incorrect or to be different from what Employee had previously anticipated, and Employee hereby expressly assumes any and all of the risks thereof and further expressly assumes the risks of waiving the rights provided by California Civil Code section 1542.
J. Compliance with Older Workers Benefit Protection Act (“OWBPA”). Employee is 40 years of age or older, and is advised of and acknowledges the following:
i. Understanding. This waiver/release is written in a manner understood by Employee. ii. Twenty-One Day Consideration Period. Employee is entitled to a reasonable time of at least twenty-one (21) days to consider and accept the terms of this Transition Agreement by fully executing it below. During this twenty- one (21) day period and before signing this Agreement, Employee is encouraged to consult with legal counsel regarding the terms of this Agreement, at Employee’s own expense. Employee understands that the terms of this Acknowledgment are null and void if not accepted by Employee within the twenty-one (21) day period, and that the transition and classification change described herein will not take effect. Employee understands that she may sign the Agreement before the conclusion of .
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Item 18 Page 4 of 7
the twenty- one (21) day period. Employee agrees that she has read this Agreement, and understands that she is under no obligation to consent to this waiver and release of claims.
In the event Employee decides to sign this Agreement in advance of the twenty-one (21) days provided for in this paragraph, Employee acknowledges that she does so freely and has been given the opportunity to review this Agreement with legal counsel. Employee further represents that this decision is in Employee’s sole discretion, without coercion from the City.
iii. Release of Age Discrimination in Employment Act Claims. By signing this Transition Agreement, Employee waives any claims she has or might have against the City under the Age Discrimination in Employment Act (“ADEA”) or the OWBPA that accrued prior to the Effective Date of this Agreement, as defined below in Section J(iv). iv. Revocation Period. Employee will have seven (7) calendar days from the date Employee signs this Agreement to revoke her signature by notifying the City in writing before the expiration of the seven (7) calendar day period. The written revocation must be sent within seven (7) calendar days of Employee’s execution of this Agreement. This Agreement shall not become effective or enforceable (and Employee understands that she will not receive the severance payment) until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday, then the revocation period will not expire until the next following day that is not a Saturday, Sunday, or legal holiday.
K. Effective Date. This Agreement and Release shall not become effective until after the revocation period set forth in Section J (iv) has passed (the “Effective Date”). This is to confirm that after execution and expiration of the revocation period, Employee will transition from the at-will classification of Deputy City Administrator to the non-at-will classification of Deputy General Manager of Public Utilities and continue to receive the same salary and benefits as set forth in Paragraphs D & E herein.
L. No Prevention of Filing Charge/Complaint with or Participating in Investigation with Federal, State or Local Agencies. Nothing in this Agreement, including but not limited to the release provisions in sections G, H, I, and J, prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, or any other federal, state or local agency charged with the enforcement of any laws, although by signing this Agreement, Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, except where such a waiver of individual relief is prohibited.
Nothing in this Agreement prevents Employee from testifying in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged harassment or discrimination relating to or involving the City, or an agent or employee of the City, if Employee is required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature.
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M. Severability. Employee acknowledges and agrees that the provisions of this Transition Agreement and Release are both reasonable and enforceable. However, if any portion or provision of this Agreement and Release (including, without implication of limitation, any portion or provision of any section of this Agreement and Release) is determined to be illegal, invalid, or unenforceable by any court of competent jurisdiction and cannot be modified to be legal, valid, or enforceable, the remainder of this Agreement and Release shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted by law, and said illegal, invalid, or unenforceable portion or provision shall be deemed not to be a part of this Agreement and Release.
N. Construction. This Agreement shall not be construed against any one Party, but shall be construed as if jointly prepared by the Parties hereto. Any uncertainty or ambiguity shall not be interpreted against any one Party.
O. Governing Law. This Agreement is made and entered into in California, and shall be governed, interpreted, and enforced under the laws of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions or obligations, or claimed breach thereof, shall exist exclusively within Los Angeles County, California.
P. Execution of Counterparts. This Agreement shall be executed by original inked signatures in any number of counterparts, each of which shall be deemed a duplicate original when all counterparts are executed, but all of which shall constitute a single instrument. Copies of original inked signatures submitted by electronic means (such as PDF version) or fax, shall be deemed the equivalent of original inked signatures.
EMPLOYEE HAS HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL RELATIVE TO
THIS TRANSITION AGREEMENT AND RELEASE AND HAS HAD A REASONABLE PERIOD OF TIME WITHIN WHICH TO CONSIDER SIGNING THIS AGREEMENT AND RELEASE. EMPLOYEE HAS SIGNED THIS ACKNOWLEDGMENT AND RELEASE VOLUNTARILY AND WILLINGLY.
Dated:
Angela P. Kimmey
Dated:__________________
_____________________________
___
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Item 18 Page 6 of 7
Brian Saeki, City Administrator
ATTEST:
________________________________
Genoveva Rocha, City Clerk
____________
Date
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Item 18 Page 7 of 7