2014-08-19 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall,
4305 Santa Fe Avenue; Vernon, California 90058, and on the City’s website at www.cityofvernon.org. No
prior appointment is required.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in a city meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, August 19, 2014, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Michael Ybarra, Council Member
Luz Martinez, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is
within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
July 2014 Anniversary
Employee Name Job Title Years
1. Sergio Canales Assistant Planner 15
2. Jeremy Cross Police Officer 10
3. Paul Hallenberg Firefighter/Paramedic 10
Regular City Council Meeting Agenda
August 19, 2014
Page 2 of 7
4. Corey Hernandez Firefighter 10
5. Jonathan Sudduth Firefighter/Paramedic 10
6. Jonathan Van Oeffelen Firefighter 10
7. Andrei Yermakov Information Technology Manager 5
2. Present certificates of appreciation to former members of the Ad Hoc Advisory Committee for
Electric Rates and the Ad Hoc Advisory Committee for Business Development in recognition of
their service to the City of Vernon.
3. Presentation by Independent Reform Monitor John Van De Kamp on his July 31, 2014 Report
on the City of Vernon.
4. Financial Update Presentation by the Finance Director on 2014 Fiscal Year End Financial
results and investment and policy discussion.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be
considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
5. None.
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held August 5, 2014.
Warrant Registers
7. Ratification of City Warrant Register No. 1404 to record voided Check No. 344667 in the
amount of $3,059.00.
8. Ratification of Light & Power Warrant Register No. 362 to record voided Check No. 510658 in
the amount of $554.63.
9. Approval of City Payroll Warrant Register No. 698, totaling $2,758,329.39, which covers the
period of July 1, through July 31, 2014 and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling $2,082,448.59; and
b. Checks and electronic fund transfers totaling $675,880.80.
10. Approval of City Warrant Register No. 1406, totaling $1,751,854.25, which covers the period of
July 29, through August 11, 2014, and consists of the following:
Regular City Council Meeting Agenda
August 19, 2014
Page 3 of 7
a. Ratification of wire transfers totaling $1,375,213.49; and
b. Ratification of the issuance of early checks totaling $170,445.75; and
c. Authorization to issue pending checks totaling $206,195.01.
11. Approval of Light & Power Warrant Register No. 371, totaling $1,182,383.66, which covers the
period of July 29, through August 11, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,058,352.20; and
b. Ratification of the issuance of early checks totaling $123,330.42; and
c. Authorization to issue pending checks totaling $701.04.
12. Approval of Gas Warrant Register No.159, totaling $253,112.13, which covers the period of July
29, through August 11, 2014, and consists of the following:
a. Ratification of wire transfers totaling $233,618.54; and
b. Ratification of the issuance of early checks totaling $19,307.89; and
c. Authorization to issue pending checks totaling $185.70.
City Administration Department
13. A Proclamation of the City Council of the City of Vernon declaring the month of September
2014 as “Childhood Cancer Awareness Month”.
Fire Department
14. Activity Report for the period of July 16, through July 31, 2014, to be received and filed.
Health and Environmental Control Department
15. July 2014 Monthly Report, to be received and filed.
Human Resources Department
16. A Resolution of the City Council of the City of Vernon approving the industrial disability
retirement application of Steve Wiles, a local safety member formerly employed by the City Of
Vernon (Government Code Sections 21154 and 21156)
Recommendation:
(1) Find that approving an Industrial Disability Retirement Application is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Re-consider the previous decision (Resolution No. 2014-04) denying an Industrial Disability
Retirement Application for Steve Wiles based on lack of medical evidence, and based on a re-
evaluation of this case, adopt the resolution approving Mr. Wiles’ Industrial Disability
Retirement Application as the findings and determinations pertaining to Mr. Wiles’ Application,
pursuant to Government Code section 21156, based on further medical evidence that Mr. Wiles
Regular City Council Meeting Agenda
August 19, 2014
Page 4 of 7
is substantially incapacitated from the performance of his usual and customary duties as a Police
Officer for the City of Vernon.
Gas and Electric Department
17. Authorization to execute the Base Contract with ConocoPhillips for Sale and Purchase of
Natural Gas (the “NAESB Contract”).
Recommendation:
(1) Find that the approval requested in the staff report is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(b), the general rule
that CEQA only applies to projects that may have an effect on the environment; and
(2) Authorize the Director of Gas & Electric to execute the North American Energy Standards Board
(“NAESB”) contract by and between the City of Vernon (“City”) and ConocoPhillips in
substantially the same form as attached to the staff report, for the purpose of buying and selling
natural gas to or from ConocoPhillips, in compliance with the general terms established in the
agreement. It is further recommended that the City Council find that, pursuant to Vernon
Municipal Code § 2.17.12(A)(6), competitive bidding is not required because these are contracts
for gas and/or electrical power for the city’s power utility, and that it would be commercially
unreasonable to procure the gas or electricity through standard bidding or request for proposal
procedures.
Police Department
18. Activity Log and Statistical Summary of Arrest and Activities for the period of July 16, through
July 31, 2014, to be received and filed.
19. Authorize the donation of unused First Aid Responder Kits to the Los Angeles School Police
Department (LASPD) Explorers Program.
Recommendation:
(1) Find that approval of the proposed donation to the Los Angeles School Police Department
(“LASPD”) Explorers Program is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Authorize the donation of unused First Aid Responder Kits to the LASPD Explorers Program
that will be used for educational and training purposes. It is further recommended that the City
Council find that the donation serves a municipal purpose.
Public Works, Water and Development Services Department
20. Building Department Report for the month of July 2014, to be received and filed.
/ / /
/ / /
Regular City Council Meeting Agenda
August 19, 2014
Page 5 of 7
21. Approve Encroachment License Agreement No. 417 for Univar USA, Inc.
Recommendation:
(1) Find that the approval of the Encroachment License Agreement is exempt under the California
Environmental Quality Act (“CEQA”), in accordance with (a) CEQA Guidelines Section 15061
(b)(3), the general rule that CEQA only applies to projects, which have the potential for causing
a significant effect on the environment. Also find that this project is categorically exempt under
CEQA Guidelines Section 15308, “Actions by Regulatory Agencies for the Protection of the
Environment”; Class 8 consists of actions taken by Regulatory Agencies, as authorized by state
of local ordinance, to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the environment;
and
(2) Approve Encroachment License Agreement No. 417 between the City of Vernon and Univar
USA, Inc. in substantially the same form as submitted with the Staff Report.
NEW BUSINESS
Police Department
22. Authorization to approve the Drug Enforcement Administration Agreement.
Recommendation:
(1) Find that the proposed agreement with the Drug Enforcement Administration for continued
participation in the Southwest Border Initiative (“SWBI”) taskforce as detailed in the staff report
is exempt under the California Environmental Quality Act (“CEQA”). In accordance with
Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an
effect on the environment; and
(2) Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration
(“DEA”), in substantially the same form as submitted with the Staff Report, for continued
participation in the Southwest Border Initiative taskforce.
23. Authorize the Police Chief and City Administrator to execute the Federal Asset Forfeiture
Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon.
Recommendation:
(1) Find that granting authority to execute and submit the agreement and related documents at issue
in the staff report constitute administrative activities that do not constitute a “project” under the
California Environmental Quality Act (“CEQA”), and would also be exempt in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
(2) Authorize the Police Chief and City Administrator to execute the Federal Equitable Share
Agreement and Annual Certification Report on behalf of the City of Vernon, in substantially the
same form as submitted in the Staff Report.
Regular City Council Meeting Agenda
August 19, 2014
Page 6 of 7
Public Works, Water, and Development Services Department
24. Authorization to permit Meta Housing to record the Maintenance Covenant & Agreement for
City owned property located at 4675 52nd Drive.
Recommendation:
(1) Find that authorizing the recordation of a Maintenance Covenant & Agreement by META
Housing is exempt from the California Environmental Quality Act (“CEQA”) in accordance with
(a) CEQA Guidelines section 15061 (b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and (b) Section 15307, because it is an action taken
by the City (a regulatory agency) to assure the “maintenance, restoration, or enhancement” of
natural resources and includes procedures to protect the environment; and
(2) Authorize staff to ensure that META Housing records a fully executed “Maintenance Covenant
& Agreement Regarding On-Site BMP Maintenance” for the City owned property located at
4675 52nd Drive (Vernon Village Park).
25. Ratify the Advertisement for Contract No. CS-0487: Labor and Equipment for Placement of
Type II (REAS) Slurry Seal.
Recommendation:
(1) Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with Section 15301, Existing
Facilities, part (c), existing highways and streets; and
(2) Ratify the advertising for bids for the Labor and Equipment for Placement of Type II,
Rubberized Emulsion Aggregate Slurry (REAS) Seal, Contract No. CS-0487.
ORDINANCES
26. Ordinance No. 1225 - An Ordinance of the City Council of the City of Vernon amending Section
2.174(a)(3) of the Vernon Municipal Code to modify the qualifications of one of the appointment
categories for the Vernon Business and Industry Commission. (First Reading)
Recommendation:
(1) Find that approval, and subsequent adoption, of the proposed ordinance is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Hold the first reading of the ordinance to modify the qualifications of the “Labor” appointment
category for the Vernon Business and Industry Commission.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
Regular City Council Meeting Agenda
August 19, 2014
Page 7 of 7
CLOSED SESSION
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth and Teresa McAllister
Employee Organization: Vernon Police Officers’ Benefit Association
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on
this agenda. Dated this 14th day of August 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk
City Council Meeting
August 19, 2014
City of Vernon
Financial Update
Overview
•Fiscal 2014 Financial Results
•Investment Highlights
•Investment Derivatives - Swaps
•Accomplishments and Future Challenges
2
Fiscal 2014 Financial Results
3
Fiscal Year Ending June 2014 Budget Summary
(Revenues In $ Millions)
4
CITYWIDE
($336.8)
GOVERNMENTAL FUNDS
($72.3)
GENERAL
FUND
($54.0)
FORMER
RDA
FUND
($6.0)
PARCEL
TAX FUND
($11.7)
HAZARDOUS
WASTE FUND
($0.6)
ENTERPRISE FUNDS
($264.5)
LIGHT AND
POWER
FUND
($202.8)
GAS FUND
($52.7)
WATER
FUND
($8.5)
FIBER
OPTICS
FUND
($0.5)
Fiscal Year Ending June 2014 Financial Comparison
(In $ Millions)
5
$(50.0)
$-
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
ENTERPRISE
REVENUES
ENTERPRISE
EXPENDITURES
GOVERNMENTAL
REVENUES
GOVERNMENTAL
EXPENDITURES
12 MONTH BUDGET $264.5 $263.8 $72.3 $73.0
12 MONTH ACTUAL $252.8 $251.0 $66.7 $64.4
VARIANCE $(11.7)$(12.8)$(5.6)$(8.6)
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Fiscal Year Ending June 30, 2014
Expenditures
(in $ millions)
12 Months 12 Months 12 Month Variance
Department Budget Actual (UNDER)/OVER
GOVERNMENTAL
General Government 38.1 33.0 (5.1)
Health 1.6 1.4 (0.2)
Public Safety 22.9 24.3 1.4
Public Works 10.4 5.7 (4.7)
TOTAL GOVERNMENTAL 73.0 64.4 (8.6)
ENTERPRISE
Light and Power 201.8 188.2 (13.6)
Gas 52.7 56.9 4.2
Water 8.4 5.5 (2.9)
Fiber 0.9 0.4 (0.5)
TOTAL ENTERPRISE 263.8 251.0 (12.8)
CITY WIDE TOTAL EXPENSES 336.8 315.4 (21.4)
Comparison of 2014 & 2015 Budgets
(In $ Millions)
7
$(50.0)
$-
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
ENTERPRISE
REVENUES
ENTERPRISE
EXPENDITURES
GOVERNMENTAL
REVENUES
GOVERNMENTAL
EXPENDITURES
2014 BUDGET $264.5 $263.8 $72.3 $73.0
2015 BUDGET $271.5 $271.5 $71.8 $71.8
VARIANCE $7.0 $7.7 $(0.5)$(1.2)
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Investment Highlights
8
Investment Policy
•City Investment Policy conforms to the State’s
requirements (Government Code 53600)
•City Investment Policy addresses:
Safeguarding principal
Meeting liquidity needs
Achieving return on investments
Minimizing loss on investments
9
Allowable Types of Investments
Authorized
Investment Type
Maximum
Maturity
Maximum
Percentage of
Portfolio*
Maximum
Investment in
One Issuer
Minimum
Rating
Securities of the U.S. Government, or its
Agencies 5 years None None None
Certain Asset-Backed Securities 5 years None None AA
Certificates of Deposit 5 years 30% None None
Bankers' Acceptances 180 days 40% 30% None
Commercial Paper 270 days 25% 10% P-1
Repurchase Agreements 1 year None None None
Reverse Repurchase Agreements
92 days 20% None None
Medium-Term Notes 5 years 30% None A
Mutual Funds Investing in Eligible Securities
N/A 20% 10% AAA
Money Market Mutual Funds N/A 20% 10% AAA
Mortgage Pass-Through Securities
5 years 20% None AA
State Administered Pool Investment
N/A None $50 million None
10 * Excluding amounts held by bond trustee that are not subject to California Government Code restrictions.
Four Types of Investment Risks
•Credit Risk
Risk that an issuer of an investment will not fulfill its obligation to the
holder of the investment.
•Custodial Credit Risk
Risk that in the event of failure of a depository financial institution, the
City will not be able to recover its deposits or collateral securities.
•Concentration of Credit Risk
Risk of loss attributed to the magnitude of the City’s investment in a single
issuer.
•Interest Rate Risk
Risk that changes in market interest rates will adversely affect the fair
value of an investment.
11
Investment Risk No. 1 - Credit Risk
As of June 30, 2014
(In $ Millions)
12
Minimum Actual Fair Value %
Required Credit Rating as of of
Description Rating Moody's / S&P 6/30/14 Total
In custody of Treasurer:
Cash on Hand and on Deposit N/A N/A $ 13.4 10.0%
Local Agency Investment Fund None Not Rated 0.5 0.4%
Total in custody of Treasurer 13.9 10.4%
In custody of Trustee:
Deposits and Money Market Funds N/A N/A 73.5 55.0%
U.S. Treasury Notes None Aaa / AA+ 30.6 22.9%
Federal National Mortgage Association None Aaa / AA+ 7.3 5.5%
Federal Home Loan Mortgage Corporation None Aaa / AA+ 6.1 4.6%
Federal Home Loan Banks None Aaa / AA+ 2.3 1.7%
Total in custody of Trustee 119.8 89.6%
Total cash and investments held by Treasurer and Trustee $ 133.7 100.0%
Investment Risk No. 2 - Custodial Credit Risk
As of June 30, 2014
•Federal Deposit Insurance Corporation (FDIC) insures up to
$250,000 per financial institution.
•In California, a financial institution is required to secure deposits
in excess of the FDIC limit. This can be done in two different
ways:
1. The market value of the pledged securities in the collateral pool must equal
at least 110% of the total amount deposited by the public agencies.
2. The financial institution can pledge first deed mortgage notes having a
value of 150% of the secured public deposits.
13
Investment Risk No. 3 - Concentration of Credit Risk
As of June 30, 2014
(In $ Millions)
14
Policy allows 20% maximum in this category with a 10% maximum in any one issuer.
Issuer In Custody of
Fair Value as
of 6/30/14
% of
Total
Primary Government:
Federal Home Loan Mortgage Corporation Trustee $6.1 4.6%
Federal National Mortgage Association Trustee $7.3 5.5%
Total Investments $13.4 10.1%
Investment Risk No. 4 - Interest Rate Risk
As of June 30, 2014
(In $ Millions)
15
Investment Type
Fair Value
as of
6/30/14
Less than
12 Months
13 - 24
Months
25 - 60
Months
% of
Total
Cash 14.1$ 14.1$ -$ -$ 0.5%
Money Market Funds 72.8 72.8 - - 54.7%
Local Agency Investment Fund 0.5 0.5 - - 0.5%
U.S. Treasury Notes 30.6 3.1 11.4 16.1 27.2%
Federal National Mortgage Association 7.3 2.4 4.9 - 7.1%
Federal Home Loan Mortgage Corporation 6.1 3.7 2.4 - 8.3%
Federal Home Loan Banks 2.3 - 2.3 - 2.2%
Total Investments 133.7$ 96.6$ 21.0$ 16.1$ 100.0%
Investment Maturities (in Months)
Investment Portfolio
Fiscal Years 2010 – 2014
(In $ Millions)
16
133.7 131.9
114.0
143.4
140.2
$73.3
$52.9
$22.6 $21.4 $18.1
$58.6
$61.1 $120.8 $118.8 $115.6
$-
$20.0
$40.0
$60.0
$80.0
$100.0
$120.0
$140.0
$160.0
2010 2011 2012 2013 2014
Unrestricted Restricted
Investment Income
Fiscal Years 2010 – 2014
(In $ Millions)
17
$1.4
$1.7
$1.0
$0.8 $0.8
$-
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2
$1.4
$1.6
$1.8
2010 2011 2012 2013 2014
Cash and Investments
Fiscal Year Ending June 30, 2014
(In $ Millions)
Cash and Investments Enterprise
6/30/2014
Governmental
6/30/2014 Total
Restricted Cash (debt service, capital
improvement, grants, and rate
stabilization) $ 110.8 $ 4.8 $ 115.6
Unrestricted Cash (available for City’s
daily operation) 16.8 1.3 18.1
Totals $ 127.6 $ 6.1 $ 133.7
18
Investment Derivatives - Swaps
19
Investment Derivatives - Swaps
(In $ Millions)
Investment Derivative Instruments
(Variable to Fixed Swaps)
Notional
Amount
Derivative
Liability
6/30/2013
Gain (Loss)
7/1/2013 -
6/30/2014
Derivative
Liability
6/30/2014
2004 Series A Bonds
(City pays 3.607% and receives 62.87 of
LIBOR one-month index plus 0.119%) $ 90.2 $ (13.2) $ (3.4) $ (16.6)
2004 Series B Bonds
(City pays 3.542% and receives 62.87 of
LIBOR one-month index plus 0.119%) 83.6 (13.9) 0.2 (13.7)
Totals $ 173.8 $ (27.1) $ (3.2) $ (30.3)
20
Accomplishments and
Future Challenges
21
Accomplishments
•Preliminary five year long-term financial plan is currently
being studied by the City’s Financial Advisor, PFM.
•Each department closely monitored its revenues and
expenditures for a positive outcome.
•A fee study was completed and appropriate rates were
adopted.
•Recommendations from City-wide job classification and
compensation study have been adopted.
•City has reached agreement with four of the six
employee bargaining units.
22
Future Challenges
•In Fiscal 2015, the Government Accounting Standards Board (GASB)
will require governments to recognize and record unfunded pension
liabilities. A funding plan to address the unfunded liability needs to be
developed.
–$30 million public safety’s unfunded pension liability
(currently 84% funded)
–$15 million miscellaneous employees’ unfunded pension liability
(currently 87% funded)
•General Fund’s structural deficit of approximately $25 million needs to
continue to be addressed through the budget process.
•In Fiscal 2015, VG&E’s bond financed funds for capital projects are
projected to be fully used. The City needs to plan how to fund VG&E’s
ongoing infrastructure costs starting with Fiscal 2016.
–$5 to $10 million estimated annual funding will be required to
maintain a reliable electrical infrastructure.
23
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, AGUST 5, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Edward Brambila of
Maywood Academy High School led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council; the public will be given an
opportunity to comment on matters on the posted agenda during Council deliberation. No one
responded.
PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon
Commending and Honoring Kevin Orvil Monge for his service and support of his
community.
2. A Proclamation of the Mayor and the City Council of the City of Vernon
Commending and Honoring Kristian Emiliano Vasquez for his service and
support of his community.
Mayor McCormick presented Kevin Orvil Monge with a Proclamation for his service and
support to the community. Mayor McCormick announced that Kristian Emiliano Vasquez was
not present to accept his Proclamation.
PUBLIC HEARINGS
3. Consider Vernon’s conformance to the criteria in the Congestion Management
Program as established by the Los Angeles County Metropolitan Transportation
Authority.
Resolution No. 2014-49 - A Resolution of the City Council of the City of Vernon
finding the City of Vernon to be in conformance with the Congestion Management
Program (CMP) and adopting the CMP Local Development Report, in accordance
with California Government Code Section 65089.
Recommendation:
(1) Find that approval of the 2014 CMP Local Development Report is statutorily
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with CEQA Guidelines Section 15276, which expressly exempts the preparation
and adoption of a congestion management program and categorically exempt
pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility
that approving the report may have a significant effect on the environment; and
(2) Adopt a resolution self-certifying the City’s compliance with the Congestion
Management Program requirements and adopt the 2014 CMP Local Development
Report in accordance with California Government Code Section 65089.
Regular City Council Meeting Minutes
August 5, 2014
Page 2 of 7
At 9:04 a.m. Mayor McCormick opened the public hearing to consider Vernon’s conformance to
the criteria in the Congestion Management Program as established by the Los Angeles County
Metropolitan Transportation Authority.
Director of Public Works, Water, and Development Services Kevin Wilson provided an oral
report and recommended the adoption and approval of the resolution certifying the City’s
compliance with the Congestion Management Program.
Mayor McCormick opened the public comment portion of the public hearing. With no public
comment or questions to the staff, at 9:08 a.m. the public hearing was closed.
Wilson additionally noted risks should the certification not be adopted.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-49. Motion
carried, 5-0
CONSENT CALENDAR
It was moved by Maisano and seconded by Martinez to approve all matters listed under the
Consent Calendar under one motion. Motion carried, 5-0.
Claims Against the City – Received and Filed
4. Claim for Damages received on July 17, 2014, from Pacific Bell/ AT&T, in an
amount to be determined.
Minutes – To be Received and Filed
5. Minutes of the Special and Regular City Council Meeting held June 17, 2014.
6. Minutes of the Special Joint City Council and Successor Agency Meeting held July
1, 2014.
7. Minutes of the Regular City Council Meeting held July 1, 2014.
8. Minutes of the Regular City Council Meeting held July 15, 2014.
Warrant Registers
9. Ratification of the following City Warrant Registers to record the following voided
checks:
a. City Warrant Register No. 1403 to record voided Check No. 344615 in the
amount of $150.00; and
b. City Warrant Register No. 1399 to record voided Check No. 344002 in the
amount of $75.00; and
c. City Warrant Register No. 1398 to record voided Check No. 343858 in the
amount of $440.00.
10. Ratification of Light & Power Warrant Register No. 365 to record voided Check
No. 510738 in the amount of $45.58.
11. Approval of City Warrant Register No. 1405, totaling $2,316,638.77, which covers
the period of July 8, through July 28, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,421,176.32; and
b. Ratification of the issuance of early checks totaling $627,965.22; and
c. Authorization to issue pending checks totaling $267,497.23.
Regular City Council Meeting Minutes
August 5, 2014
Page 3 of 7
12. Approval of Light & Power Warrant Register No. 370, totaling $5,648,025.15,
which covers the period of July 8, through July 28, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $5,514,440.38; and
b. Ratification of the issuance of early checks totaling $36,241.49; and
c. Authorization to issue pending checks totaling $97,343.28.
13. Approval of Gas Warrant Register No. 158, totaling $2,805,103.98, which covers
the period of July 8, through July 28, 2014, and consists of the following:
a. Ratification of wire transfers totaling $2,745,124.83; and
b. Ratification of the issuance of early checks totaling $29,412.07; and
c. Authorization to issue pending checks totaling $30,567.08.
Fire Department
14. Activity Report for the period of July 1, through July 15, 2014, to be received and
filed.
15. Resolution No. 2014-50 - A Resolution of the City Council of the City of Vernon
approving and adopting an updated General Fee Schedule.
Recommendation:
(1) Approve a resolution to, among other things, amend Exhibit A of the City’s
General Fee Schedule to remove the existing false security alarm fee for the
second false alarm response within a fiscal year. The lack of a fee for the first
false alarm would continue, and the fees for third and each subsequent false alarm
response would remain unaffected. The resolution would also find that the
revision to the false security alarm fee is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment.
Gas and Electric Department
16. April 2014 Vernon Gas and Electric Resource Procurement Report, to be received
and filed.
Health and Environmental Control Department
17. Approval of a Services Agreement with KJServices Environmental Consulting for
Program Management and Implementation Services.
Recommendation:
(1) Find that approval of the proposed Services Agreement with KJServices
Environmental Consulting is exempt under the California Environmental Quality
Act (“CEQA”) in accordance with CEQA Guidelines section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Authorize the City Administrator to enter into a Services Agreement between the
City of Vernon and KJServices Environmental Consulting in substantially the
same form as submitted with the staff report, for the period of August 1, 2014
through October 31, 2016, in an amount not to exceed $100,780.00. It is further
recommended that the City Council find that “the bests interests of the City are
served by a direct award of the contract without a competitive selection process”
and that it would be “commercially unreasonable” to re-bid those portions of this
contract that have continued to have been awarded to KJServices Environmental
Consulting since 1998.
Regular City Council Meeting Minutes
August 5, 2014
Page 4 of 7
Police Department
18. Activity Log and Statistical Summary of Arrest and Activities for the period of
July 1, through July 15, 2014, to be received and filed.
NEW BUSINESS
Public Works, Water and Development Services Department
19. Resolution No. 2014-51 - A Resolution of the City Council of the City of Vernon
declaring a Phase I Water Supply Shortage pursuant to Section 25.103 of the
Vernon Municipal Code.
Recommendation:
(1) Find that declaring a Phase I Water Supply Shortage pursuant to Vernon
Municipal Code § 25.103 is exempt under the California Environmental Quality
Act (“CEQA”) in accordance with (a) CEQA Guidelines Section 15061 (b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and (b) Section 15307, because it is an action taken by a regulatory
agency to assure the “maintenance, restoration, or enhancement” of natural
resources and includes procedures to protect the environment; and
(2) Adopt the resolution declaring a Phase I Water Supply Shortage pursuant to
Vernon Municipal Code Section 25.103.
Director of Public Works, Water and Development Services, Kevin Wilson conducted the
presentation and requested the adoption of the proposed resolution. Wilson advised that it is
anticipated that the implementation would not have a significant impact on the business
community.
In response to Councilmember Ybarra, Wilson addressed concerns regarding customer
notification.
In response to Mayor Pro-Tem Davis’ inquiry on penalties, Wilson explained that the objective
is compliance; public education on the issue will first be conducted before it escalates to
penalties.
It was moved by Martinez and seconded by Davis to approve Resolution No. 2014-51, Motion
carried, 5-0
20. Approval to Advertise for Contract No. CS-0428: Office Reconfiguration of City
Administration, City Attorney and Human Resources Departments.
Recommendation:
(1) Find that the proposed Capital Improvement is categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, Existing Facilities, part (a), because the project is
merely to make interior or exterior alterations involving interior partitions,
plumbing, and electrical conveyances; and
(2) Approve Contract No. CS-0428 and grant authority to advertise for bids for the
Office Reconfiguration of City Administration, City Attorney and Human
Resources Departments, based upon the City’s standard public works bidding
package.
Director of Public Works, Water and Development Services Kevin Wilson conducted the oral
report on the proposed office configuration bid request.
Councilmember Ybarra expressed concerns with the project cost and inquired whether staff
considered other options. In response, Wilson reported on the alternatives.
City Administrator Mark Whitworth explained the need for the office reconfiguration.
Regular City Council Meeting Minutes
August 5, 2014
Page 5 of 7
Independent Reform Monitor John Van de Kamp recommended that the project be implemented
in two phases over two fiscal years in order to address budget concerns.
Wilson confirmed for Councilmember Maisano that sufficient funds have been budgeted with the
current fiscal year.
It was moved by Maisano and seconded by Martinez to approve the advertisement for Contract
No. CS-0428 for the office reconfiguration. Motion carried, 4-1, with Ybarra in opposition.
ORDINANCES
21. Ordinance No. 1224 - An Ordinance of the City Council of the City of Vernon,
California, amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the
Vernon Municipal Code to assign speed limits on certain streets and to repeal all
ordinances or parts of ordinances in conflict therewith (second reading).
Recommendation:
(1) Find that adoption of the Ordinance is exempt from the California Environmental
Quality Act (“CEQA”) in accordance with Class 1, Section 15301(c) of the
CEQA Guidelines, California Code of Regulations, Title 14. Projects exempted
under Class 1, Section 15301(c), consist of the operation, repair, or minor
alteration of existing highways, streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities involving negligible or no expansion of use; and
(2) Adopt the proposed Ordinance amending Sections 16.15, 16.16 and 16.17 of
Chapter 16, Law Enforcement, of the Vernon Municipal Code.
Mayor McCormick announced the proposed ordinance by title.
Director of Public Works, Water and Development Services Kevin Wilson reported that there
have been no changes to the ordinance since its introduction at the last meeting.
It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1224. A roll-call vote
was taken:
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Maisano, yes
- Mayor Pro Tem Davis, yes
- Mayor McCormick, yes
Motion to adopt Ordinance No. 1224 carried, 5-0.
DISCUSSION ITEMS
22. Presentation by the Director of Public Works, Water and Development Services on
the I-710 Corridor Project.
Director of Public Works, Water and Development Services Kevin Wilson provided a
presentation and update on the I-710 Corridor project. He reported on the approval of two
options for further study, and the approval of the Community Alternative 7 option which
includes enhancements to the river, parks, and other community facilities; this is to be reviewed
by a separate committee.
Mayor Pro-Tem is concerned that the Community Alternative 7 will prolong the I-710 Corridor
project, and expressed concerns on how the project will be funded.
Mayor McCormick agrees with Davis’ concerns. He directed staff to take the position that
Vernon requests that the Community Alternative 7 be considered separately from the I-710
Corridor project.
Regular City Council Meeting Minutes
August 5, 2014
Page 6 of 7
ORAL REPORTS
23. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
24. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officer’s response to recent incidents. Calleros reported
on the implementation of the AAA vehicle loan program, and reported on two (2) Police interns.
Captain Michael Gillman reported the arrest of 3 individuals related to vandalism. Mayor Pro-
Tem Davis reported on vandalism near his residence.
Fire Chief Michael Wilson reported on recent Fire Department activities, training, and responses
to incidents. Wilson announced the recognition of former Fire Chief Smokey Bass by the Box
15 group.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on capital improvement project and the new housing development project. Wilson also reported
on a recent water main rupture and repair.
In response to Independent Reform Monitor John Van de Kamp, Wilson reported on the water
pipes condition and age.
Electrical Resources Planning & Development Manager Abraham Alemu reported on recent
power outages including a serious incident at U.S. Growers.
Finance Director William Fox reported on the bond review process as required, and the
commencement of the annual financial audit.
Director of Health and Environmental Control Leonard Grossberg reported on whole sale food
vehicle inspections, and active shooter training for the Department.
Human Resources Director Teresa McAllister announced upcoming employee events and
activities, reported on the recruitment process for Fire personnel, and forthcoming updates to
personnel policies.
Economic Development Manager/Successor Agency Staff Alex Kung announced the
cancellation of the Oversight Board to the Successor Agency meeting until September 4, 2014,
and appointment of new member Marlene Dunn to the Board. Kung also announced a free
webinar on manufacturing tax rebates and the extension of the California Competes tax credit.
The Vernon Chamber of Commerce was notified of both.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
provided an update on the grand opening of the artificial turf soccer field at Salt Lake Park on
September 6th, 2014.
In response to Van de Kamp’s inquiry, Fox explained the City’s intent to refinance and
appropriately plan for capital improvement costs through the help of Public Financing
Management Inc., the City’s financial advisor.
City Administrator Mark Whitworth reported on upcoming Vernon CommUNITY Fund Grant
Committee activities. He announced the availability of the 7th edition of the Independent Reform
Monitor John Van de Kamp report. He provided an update on the JLAC audit. Members to the
Business and Industry Commission are to be appointed at the next meeting. Whitworth
announced other community events.
Regular City Council Meeting Minutes
August 5, 2014
Page 7 of 7
CLOSED SESSION
With no public comment on the closed session items, at 10:43 a.m., it was moved by Maisano
and seconded by Davis to go into closed session to discuss the item listed under closed session.
Motion carried, 5-0.
25. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul
Coble
Employee Organizations: Vernon Police Officers’ Benefit Association and Vernon
Firemen's Association.
At 11:06 a.m., the Council exited closed session. City Attorney Hema Patel announced that
there is no reportable action.
With no further business, at 11:07 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
Recording requested by and mail to:
Name: City of Vernon Building Department
Address: 4305 Santa Fe Avenue
Vernon, California 90058
************************************** Space Above This Line For Recorder's Use *******************************************
MAINTENANCE COVENANT AND AGREEMENT
REGARDING ON-SITE BMP MAINTENANCE
The undersigned hereby certifies I am (we are) the lessee(s) of the hereinafter legally described real property located at:
ADDRESS: 4675 E 52nd Drive, Vernon, CA 90058 ASSESSOR’S ID #: APN 6314-002-900
in the City of Vernon, County of Los Angeles, State of California more particularly described in the legal description attached as Exhibit “A” and
shown on Exhibit “B”.
Pursuant to Section 21.5.9 of the Vernon Municipal Code relating to the control of pollutants carried by stormwater runoff, structural and/or
treatment control Best Management Practices (BMPs) have been established at the aforementioned property.
The BMPs on said property include (list specific structural BMPs) -Two Kristar FloGard Plus Catch Basin Filter Inserts
-Above Grade Filtration Planter Boxes with Underdrain (1997 SF Total) more specifically described in Exhibit “C”, we do hereby covenant and
agree to maintain the BMPs according to the Operations & Maintenance Plan attached herewith as Exhibit “D”.
This maintenance covenant and agreement shall run with the land and shall be binding upon any future lessees, encumbrancers, their
successors, heirs or assigns and shall continue in effect until the City of Vernon approves its termination.
It is hereby acknowledged that failure to properly maintain the subject BMPs may cause non-compliance with the National Pollutant Discharge
Elimination System requirements resulting in the City of Vernon or State of California declaring a nuisance and/or issuing orders or citations
resulting in fines or penalties and/or criminal prosecution.
(Print Name of Property Lessee) (Print Name of Property Lessee)
(Title of Property Lessee) (Title of Property Lessee)
(Signature of Property Lessee) (Signature of Property Lessee)
Dated this _________ day of ____________ 20____. Dated this _________ day of ____________ 20____.
State of California
County of ___________________________
On __________________before me, ___________________________________________, (Insert Name of Notary Public and Title)
personally appeared _________________________________________________________
_________________________________________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf on which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature________________________________ (Seal)
Order Number: NCS-584401-LA2
Page Number: 7
First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Vernon, County of Los Angeles, State of California, described as
follows:
LOTS 45 TO 53 INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 80 TO 83
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 6314-002-900
1
Exhibit B
4675 E 52nd Drive, Vernon, California 90058
2
Exhibit B
4675 E 52nd Drive, Vernon, California 90058
3
Exhibit C
Filter Insert BMP at 4675 E 52nd Drive, Vernon, California 90058
4
Exhibit C
Planter Box BMP at 4675 E 52nd Drive, Vernon, California 90058
5
Planter Box BMP at 4675 E 52nd Drive, Vernon, California 90058
6
Exhibit D
Operation and Maintenance Plan at 4675 E 52nd Drive, Vernon, California 90058
CATCH BASIN FILTER INSERT
The inspection and maintenance program will include the following key components:
1) REGULAR INSPECTIONS:
The catch basin insert will be inspected on a regular basis. The frequency of
inspection will be based on pollutant loading, amount of debris, leaves, etc., and
amount of runoff. At a minimum, there will be three inspections per year.
2) CONDUCT OF THE VISUAL INSPECTION:
a) Broom sweep around the inlet and remove the inlet grate.
b) Inspect the filter liner for serviceability. If called for, the filter body will be
replaced.
c) Check the condition of the absorbent pouches and visually check the condition of
the enclosed adsorbent. If the surface of the granule is more than 50% coated
with a dark gray or black substance, the pouches will be replaced with new ones.
d) Check for loose or missing nuts and gaps between the filter and the inlet wall,
which would allow bypass of the filter during low flows.
e) The filter components will be replaced in the inlet and the grate replaced.
3) CLEANING OUT THE FILTER INSERT:
Regardless of the model of the filter insert, the devices must be cleaned out on a
recurring basis. It is recommended that the filter insert undergoes at least 3 cleanings
per year - more in high exposure areas.
a) The standard filter, in most cases, can be cleaned out by removing the device from
the inlet and dumping the contents into a DOT approved drum for later disposal.
If the the oil-absorbent pouches need to be changed, the time to change them is
immediately after dumping and before the filter is replaced in the inlet.
4) MAINTENANCE LOG:
Keep a log of all inspections and maintenance performed on the catch basins and
filter inserts. Keep this log on-site.
FILTRATION PLANTER BOXES WITH A 3” MULCH LAYER
The inspection and maintenance program will include the following key components:
Filtration planters remove stormwater pollutants through a combination of overland flow
through vegetation, surface detention, and filtration through soil. Frequent inspection and
maintenance is required until vegetation becomes established. Thereafter, routine
maintenance requirements are considered minimal.
7
Typical routine maintenance consists of the following:
1. Inspect soil and plantings. Remove weeds prune vegetation and replenish
mulch as needed. Clear any obstructions and remove any accumulation of
sediment.
2. Inspect side slopes for evidence of instability or erosion and correct as
necessary.
3. Observe soil at the bottom of the ponding area for uniform percolation
throughout. If portions of the area do not drain within 48 hours after the end of a
storm, the soil should be tilled and replanted. Remove any debris or accumulated
sediment.
4. Examine the vegetation to insure that it is healthy and dense enough to provide
filtering and to protect soils from erosion. Confirm that irrigation is adequate and
not excessive. Replace dead plants and remove invasive vegetation.
5. Abate any potential vectors by filling holes in the ground and around the
ponding area. If mosquito larvae are present and persistent, contact the City of
Vernon's Health & Environmental Control Department for information and
advice. Mosquito larvicides should be applied only when absolutely necessary
and then only by a licensed individual or contractor.
MAINTENANCE LOG:
Keep a log of all inspection and maintenance performed on the catch basins, trench
drains, filters and planter box filtration system. Keep this log on-site.
City of Vernon
LABOR AND EQUIPMENT FOR PLACEMENT OF TYPE II SLURRY
(REAS)
VARIOUS LOCATIONS
FOR
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
Contract No. CS-0487
Bid Opening Date: August 25, 2014 at 2:00 p.m.
Construction Start Date: Estimated September 13, 2014
CITY OF VERNON
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
4305 SANTA FE AVENUE
VERNON, CA 90058
(323) 583-8811
2
CITY OF VERNON
NOTICE INVITING BIDS
Labor and Equipment for Placement of Type II Slurry (REAS)
For Public Works, Water & Development Services
One (1) Original and Two (2) copies of sealed bids shall be received prior to Monday, August
25, 2014 at 2:00 PM by the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058, and will be
open at that time and place. All bids shall be enclosed in sealed envelopes, distinctly marked
“Bid” with the title of the bid and the bidder’s name address appearing on the outside.
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the City Clerk’s Office before that time. At the bid
opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once
all bid packages are opened and announced, the Unit Price Bid Forms will be made
available for public review.
NO LATE BIDS WILL BE ACCEPTED
The bids shall be clearly titled. Copies of the Specifications may be obtained by mail, City of
Vernon Website or in person from the Department of Public Works, Water & Development
Services, 4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323) 583-8811 Ext. 220.
Refer to the specifications for complete details and bidding requirements. The specification and
this notice shall be considered a part of any contract made pursuant thereunder.
A pre-bid meeting is scheduled for Tuesday, August 19, 2014 at 10:00 a.m. This meeting is
to answer any questions regarding the project map and specifications.
Attendance is not mandatory.
General Scope of Work:
Refer to the Bid Documents, Project Map and Specifications for complete details of the Work
and bid requirements all of which shall be considered a part of any contract made pursuant
thereto. Contractor shall furnish all labor, materials, equipment, services, and specialized skills to
perform the Work involved in the Project.
3
Other Bidding Information:
1. Time of Completion. This Work must be completed within three (3) Calendar Days from
the date of commencement as established by the City’s written Notice to Proceed.
2. Amount of Liquidated Damages: $1,500.00 per Calendar Day. If Contractor fails to
achieve Substantial Completion of the entire Work within the Contract Time for
substantial completion, Contractor shall pay City as liquidated damages the amount of
$1,500.00 per day for each calendar day occurring after the expiration of the contract
time for substantial completion until Contractor achieves substantial completion of the
entire Work.
4. Bidding Documents. Bids must be made on the Proposal Form contained herein.
5. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has
been prepared. Said estimate is in the range of $35,000 to $45,000.
6. Bid Security. All bids must be accompanied by bids security in the amount of ten percent
(10%) of the bid price, in the form of cash, cashier’s check, money order, or surety bond.
Mark Whitworth
City Administrator
Dated: ___________ (Authorized by City Attorney)
Published: _______
4
City of Vernon
Instructions for Bidders
Labor and Equipment for Placement of Type II Slurry (REAS)
For Public Works, Water & Development Services
City personnel with whom prospective bidders will deal with are:
Vincent Rodriguez, Public Works Project Coordinator, Department of Public Works, 4305 Santa
Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 220.
Bid opening date and time: August 25, 2014 at 2:00 p.m. (“Bid Deadline”)
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon,
CA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening shall not be considered.
5
TABLE OF CONTENTS
PAGE
NOTICE INVITING BIDS 2
PART I: REQUIREMENTS AND INSTRUCTIONS TO BIDDERS 7
1.0 General Bid Requirements 7
1.1 Bidder’s Guarantees 7
1.2 Acceptance of Conditions 11
1.3 Truth and Accuracy of Representation 11
1.4 City Changes to the Bid Documents 11
1.5 Notice Regarding Disclosure of Contents of Documents 12
1.6 Award of Bid, and Determination of Responsiveness 12
1.7 Ineligibility to Contract 13
1.8 Error and Omissions 13
1.9 Patent Fees; Patent, copyright, Trade Secret and Trademark Fees 13
1.10 Taxes 13
1.11 Indemnity In The Event of Bid Dispute 13
2.0 SPECIAL CITY REQUIREMENTS 14
2.1 Living Wage Ordinance and Prevailing Wage Where Applicable 14
2.2 Equal Employment Opportunity In Contracting 14
2.3 Affidavit of Non-Collusion by Contractor 14
2.4 Local Preferences 15
2.5 Stormwater Management and Discharge Control 15
3.0 GENERAL SPECIFICATIONS 16
3.1 Bid Items 16
6
3.2 Evaluation of Bid 16
3.3 Award of Contract 16
3.4 Duration of Agreement 16
3.5 Sample Labor and Materials Contract 16
3.6 License and Permits 16
3.7 Substitution for Patented and Specified Articles 17
3.8 Exceptions and Exclusions 17
3.9 Liability Insurance 17
PART II: GENERAL REQUIREMENTS 18
PART III: SCOPE OF WORK REQUIREMENTS 21
PART IV: SPECIFICATIONS 22
A. General 22
B. Proposed Rubberized Emulsion-Aggregate Slurry (REAS), Type II 26
ATTACHMENTS 30
ATTACHMENT NO. 1 – BIDDER’S CHECKLIST 31
ATTACHMENT NO. 2 – SIGNATURE PAGE, LEGAL STATUS AND
ACKNOWLEDGEMENT OF ADDENDA
32
ATTACHMENT NO. 3 – BID FORM 35
ATTACHMENT NO. 4 – AFFIDAVIT OF NON-COLLUSION 36
ATTACHMENT NO. 5 – VENDOR LIST QUESTIONNAIRE 37
ATTACHMENT NO. 6 – SAMPLE LABOR AND MATERIALS
CONTRACT
38
ATTACHMENT NO. 7 – PMI EQUIPMENT RENTAL COST 60
ATTACHMENT NO. 8 – PROJECT MAP 61
7
PART I – REQUIREMENTS AND INSTRUCTIONS TO BIDDERS
1.0 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 bids shall remain
open and valid for ninety (90) calendar days after the Bid Deadline.
1.1 BIDDER’S GUARANTEES
1.1.1 Bid Security. Bid security in the amount of ten percent (10%) of the bid price, in the form
of cash, cashier’s check, money order or surety bond, meeting City requirements, must
accompany all bids. If the bidder to whom the contract is awarded shall for fifteen (15) calendar
days after such award fail or neglect to enter into the contract and file the required bonds, the
City may deposit in its treasury said bid security and, under no circumstances, shall it be returned
to the defaulting bidder.
1.1.2 Performance and Payment Bonds. The bidder to whom the contract is awarded shall file
the bonds specified by Section 2-4, “Contract Bonds,” of the Standard Specifications for Public
Works Construction, 2012 Edition (Greenbook) and any amendments thereto, before execution
of the contract. The term “Contract Price” shall be deemed to mean the total contract “not to
exceed” amount consisting of the base bid stated in the bidder’s proposal plus additional amounts
provided for adjustments to the estimated quantities contained in the bidder’s proposal and for
extra work. Pursuant to California Public Contract Code Section 22300, substitution of securities
for withheld funds is permitted in accordance therewith.
1.1.3 All Bonds. All bid, performance and payment bonds must be issued by a California
admitted surety insurer with the minimum A.M Best Company Financial strength rating of
“A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular
570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all
documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds
must be accompanied by a power of attorney from the surety company authorizing the person
executing the bond to sign on behalf of the company. If the bonds are executed outside the State
of California, all copies of the bonds must be countersigned by a California representative of the
surety. The signature of the person executing the bond on behalf of Surety must be
acknowledged by a Notary Public as the signature of the person designated in the power of
attorney.
8
1.1.4 Bidder Must Make Thorough Investigation. The Bidder shall examine carefully the site
of the Work contemplated in the Map and Specifications. The submission of a Bid will be
conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed and materials to
be furnished, the difficulties to be encountered, and to the requirements of the Drawings,
Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the
existing utility services, and other underground facilities, and to provide for carrying out his/her
operations so as to cause the minimum possible inconvenience to the occupants of property along
any streets affected. All Work and costs involved in the safeguarding of the property of others
shall be at the expense of the Bidder to whom the Contract may be awarded.
1.1.5 The Bidder hereby certifies that he/she has examined the local conditions, has read each
and every clause of the Contract Documents, and that he/she has included all costs necessary to
complete the specified Work in his/her Bid prices, and the Bidder agrees that if he/she is
awarded the Contract he/she will make no claim against the City based upon ignorance of local
conditions or misunderstanding of any of the provisions of the Contract. Should the conditions
turn out otherwise than anticipated by him/her, the Bidder agrees to assume all risks incident
thereto.
1.1.6 If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any
part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who
finds variances in any of 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 Notice Inviting Bids, or other designated individual. All Bidders shall submit
such written requests to City, preferably on the Bidder’s Question Form provided at the end of
these Instructions to Bidders, not less than ten (10) calendar days prior to the Bid Deadline. The
person or entity submitting the request shall be responsible for its prompt delivery to City’s
Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be
made only by Addendum issued by the City and a copy of such Addendum will be delivered to
all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and
the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s
failure to acknowledge receipt 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
Drawings or Specifications, or for any oral instructions.
1.1.7 Contractors License. At the time of the Bid Deadline and at all times during performance
of the Work, including full completion of all corrective work during the Correction Period, the
Contractor must possess a California contractor’s license or licenses, current and active, of the
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classification required for the Work, in accordance with the provisions of Chapter 9, Division 3,
Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract
Code Section 3300, the City has determined that the Bidder must possess the following
license(s): C29 issued by the State of California. In addition, if Bidder intends to self-perform
any specialty sub-contract work, must possess the necessary licenses to self-perform such Work.
The successful Bidder will not receive a Contract award if the successful Bidder is unlicensed,
does not have all of the required licenses, or one or more of the licenses are not current and
active. If the City discovers after the Contract’s award that the Contractor is unlicensed, does not
have all of the required licenses, or one or more of the licenses are not current and active, the
City may cancel the award, reject the Bid, declare the Bid Bond as forfeited, keep the Bid Bond’s
proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to
those provided by law.
1.1.8 Subcontractors’ Licenses and Listing. Bidder must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name,
address, license number, and portion of the Work). Bidder is hereby notified that pursuant to AB
44 (Buchanan), the bidding procedures of the Subletting and Subcontracting Fair Practices Act
have been amended to require that effective July 1, 2014, the license number of all
subcontractors shall be included in bid documents submitted to a public agency. An inadvertent
error in the license number will not be considered nonresponsive if it is corrected within 24 hours
after the bid opening. In addition, the City requires that the Bidder to list the dollar value of each
Subcontractor’s labor or services. The City’s disqualification of a Subcontractor does not
disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the
successful Bidder shall substitute a properly licensed and qualified Subcontractor without an
adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor’s license must be current and active for the
portion of the Work listed and shall hold all specialty certifications required for such Work.
1.1.9 Prevailing Wage Rates and Employment of Apprentices. The Project is a “public work”
as defined in California Labor Code Section 1720. Contractor awarded this Contract and all
Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages
for each craft, classification, or type of worker needed to perform the Work. The Director of
Industrial Relations of the State of California, pursuant to the California Labor Code, and the
rates determined by the California Director of Industrial Relations are available online at:
www.dir.ca.gov/DLSR/PWD/.
The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations
in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid
Proposal and all component price quotations, provided, however, if Davis-Bacon wage rates
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apply, such rates are subject to increase by written notice, issued by Addendum not less than 10
calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq.,
the Director of the Department of Industrial Relations of the State of California and the United
States Secretary of Labor have determined the general prevailing wage rates in the locality in
which the Work is to be performed. Said rate schedules are available on the Internet at
www.dir.ca.gov/DLSR/PWD/ and, if federally-funded, see the federal website:
www.access.gpo.gov/davisbacon/. If there is a difference in the Federal and State prevailing
wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the
highest wage rate. The wage rate for any classification not listed, but which may be required to
execute the Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. To comply with
California Labor Code Section 1773.2, the Contractor shall post, at appropriate and conspicuous
locations on the job site, a schedule showing all applicable prevailing wage rates and shall also
comply with the requirements of California Labor Code Section 1773 et seq.
Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code
§ 1777.5 and Title 8 of the California Code of Regulations § 230, the Contractor and
Subcontractors of any tier who are not already approved to train through an apprenticeship
program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as
applicable, but in any event prior to the first day in which the Contractor or Subcontractor has
workers employed on the Project, submit the State Public Works Contract Award Information
Form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic
area of operation include the area of the Project and who can supply apprentices to the Project.
City reserves the right to require Contractors and Subcontractors to submit a copy of said forms
to the City.
Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the
Contract or subcontract, as applicable, the State Statement of Employer Payments (DLSE Form
PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits
to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes
pension contributions. The form must contain, for each worker classification, the fund, plan or
trust name, address, administrator, the amount per hour contributed and the frequency of
contributions. Training fund contributions shall also be reported in this form. City reserves the
right to require Contractors and Subcontractors to submit a copy of said forms to the City.
Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price
quotations for portions of the Work, as to the requirements concerning payment of prevailing
wage rates, payroll records, hours of Work, and employment of apprentices.
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1.2 ACCEPTANCE OF CONDITIONS
By submitting a bid, each bidder expressly agrees to and accept the following conditions:
1. All parts of the Instructions to Bidders and Specifications will become part of the Contract
between the selected bidder and the City. Please note: In case of a conflict, the General
Specifications shall supersede any other conflicting section of the Project Documents.
2. The City may require whatever evidence is deemed necessary relative to the bidder’s financial
stability and ability to complete this project;
3. The City reserves the right to request further information from the bidder, either in writing or
orally, to establish any stated qualifications;
4. The City reserves the right to solely judge the bidder’s representations, and to solely determine
whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein.
The bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the
City as to whether or not the bidder is qualified to perform the project, shall be final, binding and
conclusive;
5. 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.
If a successful bidder fails to enter into a contract awarded to them, or if a contract is not
commenced by the Contractor or their surety, the City Council may abandon the matter or may
re-advertise the original bid or a modification thereof, or may award the contract to the next
lowest responsive and responsible bidder, with the consent of such bidder; and
6. This bidding process does not commit the City to award any contract, and the City is not liable
for any cost incurred by the bidder in the preparation and submission of a bid.
1.3 TRUTH AND ACCURACY OF REPRESENTATION
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause
for rejection of a bidder.
1.4 CITY CHANGES TO THE BID DOCUMENTS
The City reserves the right to change any part of these Instructions to Bidders and Specifications
any time prior to the bid opening. Any changes shall be in the form of addenda and will become
a part of the bid documents and of the contract. Addenda shall be made available to each bidder.
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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.
Copies of Addenda will be made available for inspection wherever Bidding Documents are on
file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has
received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. Such
addenda will become a part of the bid documents and of the Contract.
1.5 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS
All bids accepted by the City shall become the exclusive property of the City. Upon opening, all
bids accepted by the City shall become a matter of public records and shall be regarded as public,
with the exception of those elements of each bid which are identified by the bidder as business or
trade secrets and plainly marked as “trade secret,” “confidential,” or “proprietary.” Each element
of a bid which a bidder desires not to be considered a public record must be clearly marked as set
forth above, and any blanket statements (i.e., regarding entire pages, documents, or other non-
specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.
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.
1.6 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS
The Contract shall be awarded to the lowest responsive and responsible bidder(s). In determining
whether a bidder is responsible, the following is a sample of some, but not all, of the
considerations that may be taken by the City:
1. The quality of the material or service offered;
2. The ability, capacity and skill of the bidder to perform the contract or provide the material or
services;
3. Whether the bidder can perform the contract or provide the service promptly, or within the
time specified, without delay or interference;
4. The sufficiency of the bidder’s financial resources and the effect thereof on his ability to
perform the contract or provide the material or services;
5. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
6. The quality and timeliness of the bidder’s performance, if any, on previous orders or contracts
for the City;
7. Litigation by the bidder on previous orders or contracts with the City; and
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8. The ability of the bidder to provide future maintenance and service where such maintenance
and service is essential.
1.7 INELIGIBILITY TO CONTRACT
Pursuant to Sections 1777.1 and 1777.7 of the California Labor Code, any Contractor that has
been found by the State Labor Commissioner to be debarred and in violation of said Labor Code
shall be ineligible to bid on or be awarded a contract for this project. The period of debarment
shall be not less than one year and up to three years as determined pursuant to Section 1777.7 of
the Labor Code. In submitting its bid, the Bidder certifies that it is aware of these provisions and
is eligible to bid on this project.
The successful Bidder shall also be prohibited from performing work on this project with a
subcontractor who is ineligible to perform work on a public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it has
investigated the eligibility of each and every subcontractor it intends to use on this project and
has determined that none is ineligible to perform work pursuant to the above provisions of law.
1.8 ERROR AND OMISSIONS
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to
Bidders or Specifications. Full instructions will be given if such error or omission is discovered
and timely called to the attention of the City. In submitting its bid, the Bidder certifies that it is
aware of these provisions and is eligible to bid on this Contract.
1.9 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK
FEES
Each bidder shall include in the price bid any patent fees, royalties and charges on any patented
article or process to be furnished or used in the prosecution of the Work.
1.10 TAXES
Price bid shall include all federal, state, local, and other taxes.
1.11 INDEMNITY IN THE EVENT OF BID DISPUTE
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 will be required to indemnify, defend and hold harmless at its
expense, including the provision of legal counsel, the City, its agents, employees and officers
from liability, claims, demands, damages and costs if such dispute or action arises solely upon
the award of the bid in compliance with State, Federal and local laws.
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2.0 SPECIAL CITY REQUIREMENTS
There is a separate packet of forms as part of these specifications that a bidder must complete to
establish compliance with a number of special City of Vernon requirements, including, but not
limited to, Equal Employment in Contracting and Affidavit of Non Collusion. These forms and
their instructions should be considered an integral part of the specifications and failure to
complete them shall be grounds, in the sole discretion of the City, for rejections of any bidder.
2.1 LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE
This is a prevailing wage job, see Section 1.1.9 for prevailing wage requirements. In addition, a
contractor, or subcontractor, if any, working on City service contracts of any amount, as to all
employees spending time on City contracts shall comply with the terms and conditions of
Ordinance No. 1187, the City’s Living Wage Ordinance. The Current Living Wage Standards are
set forth as part of Attachment No. 6. Upon request, certified payroll shall be provided to the
City. If there is a difference between the prevailing wage and the City’s living wage, the
contractor or subcontractor shall pay the highest rate.
2.2 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING
Contractor certifies and represents that during the performance of this Contract, it and any other
parties with whom it may subcontract shall adhere to equal employment opportunity practices to
assure that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions set forth as part of Attachment No. 5.
Required Forms – Each bidder must submit a completed Vendor List Questionnaire included in
Attachment No. 5. Failure to submit this form will result in automatic disqualification with no
exemptions unless bidder has an approved Form on file with the City.
2.3 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
The City requires that each bidder executes and submits to the City with the Bid, the Affidavit of
Non-Collusion included in Attachment No. 4. The Non-collusion Affidavit 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 form, may be
rejected.
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2.4 LOCAL PREFERENCES
The City of Vernon is committed to promoting the economic health and well-being of its
residents. To this end, contractor agrees to recruit Vernon residents initially and to give them
preference, if all other factors are equal, for any new positions that result from the performance
of this contract and which are performed within the City.
2.5 STORMWATER MANAGEMENT AND DISCHARGE CONTROL
In addition to complying with all applicable federal, state and local laws and regulations, the
Contractor shall take note of the Stormwater Management and Discharge Control Ordinance,
also known as NPDES (National Pollution Discharge Elimination System) Requirements, as a
material part of the work under this Contract.
In addition, the Contractor shall adhere to NPDES Best Management Practices to prevent
deleterious materials or pollutants from entering the City or county storm drain systems,
including, but not limited to implementing the Best Management Practices specified below, and
the Contractor shall comply with all directions of the City in this regard during construction:
The following shall be implemented:
1. Handle, store, and dispose of materials properly.
2. Avoid excavation and grading activities during wet weather.
3. Construct diversion dikes and drainage swales around working sites.
4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
5. Develop and implement erosion control plans (if applicable).
6. Check and repair leaking equipment away from construction sites.
7. Designate a location away from storm drains for refueling.
8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to
enter.
9. Use vacuum with all concrete sawing operations.
10. Never wash excess material from aggregate, concrete, or equipment onto a street.
11. Catch drips from paving equipment with drip pans or absorbent material.
12. Clean up all spills using dry methods.
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3.0 GENERAL SPECIFICATIONS
The General Specifications as they relate to this work shall be in accordance with the terms and
conditions of the Sample Labor and Materials Contract included in Attachment No.6.
3.1 BID ITEMS
The bid will be awarded to the responsive and responsible bidder(s) with the lowest total
cost.
3.2 EVALUATION OF BID
In comparing bids, consideration will not be confined to price only. The successful bidder(s) will
be one whose product or service is judged to best serve the interests of the City of Vernon when
price, product, safety, quality and delivery are considered. The City of Vernon reserves the right
to reject any or all bid or any part thereof, and to waive any minor technicalities from the
specifications. The contract award will be made from among responsive and responsible bidders
meeting the City’s requirements. In order to be considered responsive, bidders must bid on all
items indicated in Attachment No.3, the Unit Price Bid Form.
3.3 AWARD OF CONTRACT
Evaluation of the bid will be based on the competitive bidding process. The contract will be
awarded to the responsive and responsible bidder(s) with the lowest total evaluated unit price.
3.4 DURATION OF AGREEMENT
The initial term for any agreement resulting from these Specifications shall be one (1) year from
the date of execution by the City. The terms and conditions of agreements shall be in accordance
with the Sample Labor and Material Contract included in Attachment No. 6.
3.5 SAMPLE LABOR AND MATERIALS CONTRACT
The successful bidder(s) will be required to enter into a Labor and Material Contract with the
City. A Sample Labor and Material Contract is included in Attachment No. 6.
3.6 LICENSE AND PERMITS
Contractor shall obtain and pay for any required business license. For further information,
contact Public Works, Water and Development Services Department at (323) 583-8811,
Monday-Thursday between 7 a.m. and 5:30 p.m.
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3.7 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES
Wherever these Specifications specify any material or process by patent or proprietary name or
by name of manufacturer, such specification is only for the purpose of describing the material or
process desired and shall be deemed to be followed by the words “and/ or approved equivalent.”
Any bidder may offer in the proposal any material or process that is equivalent in every aspect to
the material or process specified. This statement of alternate unit shall clearly describe the
material or process for which the substitution of alternate and shall provide technical data
establishing equivalency.
3.8 EXCEPTIONS AND EXCLUSIONS
No exceptions and exclusions are permitted. Contractor shall discuss and resolve all questions
with the project engineer prior to bid opening. Any attachment of exceptions, exclusions or
clarifications to the Bid Proposal will be deemed non-responsive.
3.9 LIABLITY INSURANCE
Proof of insurance is not required to be submitted with your bid, but will be required prior to the
City’s award of the contract. A copy of the standard is included as part of Attachment “6”.
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PART II GENERAL
1.The Contractor shall provide all necessary supervision, labor, materials, tools, and equipment
to perform the required work at the City of Vernon job-site. The Contractor shall meet with a
designated City representative prior to starting any work. Access to a worksite shall be
controlled by a designated City representative. The Contractor shall assure that all delivery
vehicles are in excellent mechanical condition.
2.Standard Specifications – In connection with contracts related to the subject “Bidder’s
Proposal”, and except as otherwise provided below, all work shall be done in accordance with
the provisions of the 2012 edition of “STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION” (commonly known as the “GREENBOOK”), including
Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit
corporation.
3.The General Contractor shall have a supervisor in charge at the project site at all times
whenever any work is in progress by the Contractor, or one or more subcontractors. Failure
to comply with the preceding will be sufficient grounds for the City to stop the work and
shutdown the project.
4.The primary Public Works contact person will be Vincent Rodriguez, Public Works Project
Coordinator who may be contacted at (323) 583-8811 Ext. 220, e-mail
vrodriguez@ci.vernon.ca.us Monday through Thursday, 7:00 a.m. to 5:30 p.m.
5.If any subcontractor or person employed by the Contractor shall appear to a designated City
representative to be incompetent, intemperate, troublesome, or acts in a disorderly or
otherwise objectionable manner, he/she shall be immediately discharged from the project on
the requisition of the designated City representative.
6.The Director of Public Works, Water & Development Services or his representative shall at
all times have access to the work and full knowledge of the process, workmanship and
character of materials and equipment used in the work. The inspection of the work shall not
relieve the contractor of any obligation to fulfill the contract and/or complete the project
described.
7.Provide all labor, equipment, materials, tools, and supervision required to perform the work
required to successfully complete this project. There is an option for the contractor to rent
equipment from the sully seal material provider, see Part IV Specifications, Coordination
Section of the bid documents.
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8. Immediately notify the City of any changes in the Contractor’s insurance, permits, and
licenses. Failure to do so may result in the immediate termination of this Contract for default.
9. The Contractor shall respond within 24 hours’ notification to an authorized City
representative’s service request. Regular business hours are 7:00 a.m. to 5:30 p.m., Monday
through Thursday. At the sole discretion of the City, a designated City representative may
alter the hours and days of services.
a. Holidays observed by the City of Vernon:
b. New Year’s Day
c. Martin Luther King, Jr. Day
d. Presidents’ Day
e. Memorial Day
f. Independence Day
g. Labor Day
h. Columbus Day
i. Cesar Chavez Day
j. Veterans Day
k. Thanksgiving Day
l. Christmas Day
10. Section intentionally omitted.
11. The City will not provide storage facilities for the Contractor. The City will not be liable or
responsible for any damage, by whatever means, or for theft of materials or equipment on the
jobsite.
12. All debris derived from these services shall be removed from City property and become the
property of the Contractor. The Contractor shall dispose of all debris from these services in a
legally established area appropriate for the type of debris being disposed. Disposal shall be at
the Contractor’s expense. The Contractor shall not allow any debris or materials from its
operations under this contract to be deposited in the storm drains and/or gutters in violation
of the National Pollution Discharge Elimination System.
13. Codes: All materials & work shall conform to the requirements of the 2012 Standard
Specifications for Public Works Construction (Greenbook), and all other local, state and
federal regulations.
14. Standards: A.S.T.M. designations and all other standards refer to the latest editions.
15. Site Limitations: The work, as shown the City Map, but not necessarily limited to the work as
shown, includes examining the site and all conditions and limitations thereabout. Take into
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account all such conditions and limitations, whether or not the same are specifically shown or
mentioned as to be part of this work, and attain the completed conditions as indicated by the
map.
16. Existing Conditions: All information shown on the map relative to existing condition is given
as the best present knowledge, but without guarantee of accuracy. Where actual conditions
conflict with the map, they shall be reported to the Engineer so that proper revisions may be
made. Modification of details of construction shall not be made without prior written
approval of the Engineer.
17. Dimensions: Dimensions indicated are the dimensions to be used for construction. Working
dimensions shall not be scaled from the map, sections, details, or any other part of the map.
Dimensions should be taken as noted on the map.
18. Verification: Verify all dimensions, elevations and site conditions before starting work.
Notify the Engineer immediately of any discrepancies.
19. Similar Work: All details as shown on the map shall apply to all similar conditions whether
referenced or not. Typical details and notes shall apply unless shown otherwise on the map.
20. Conflicts: Notes and details on the map take precedence over the General Notes and typical
details in case of conflict. Omissions or conflicts between the various elements of the
specifications shall be brought to the attention of the Engineer prior to proceeding with any
work involved.
21. Changes to any work: Obtain prior written approval.
22. Construction Methods and Project Safety: The contract specifications represent the finished
pavement and do not indicate methods, procedures or sequence of construction. The
Contractor shall supervise and direct the work and shall be solely responsible for
construction means, methods, techniques, sequences and procedures.
23. Permits: It shall be the responsibility of the Contractor to obtain necessary permits. There
will be no charge for an encroachment permit issued by the City of Vernon.
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PART III. SCOPE OF WORK
1. The Contractor will furnish all labor for the laydown and placement, including
surface perpetration, of the Rubberized Emulsion Aggregate Slurry (REAS), taping
(protection) of the manholes and valve covers, sweeping of the pavement prior to the
laydown, placement of the temporary striping tabs and clean-up and any other
work necessary for a complete job.
2. The slurry seal material, REAS, will be paid for by the City under separate
contract, and provided by Petrochem Manufacturing Inc. (PMI). See Part IV
Specifications, Coordination Section of the bid documents.
3. PMI has informed the City that it would rent the attached Equipment at the prices
listed in Attachment #7. Contractor may rent the equipment from PMI, obtain the
equipment from another party, or use its own equipment. City has no preference on
whether bidders rent any equipment from PMI. The City merely provides this
information to the extent that it may be helpful to bidders in lowering their overall
bid prices.
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PART IV. SPECIFICATIONS
A. GENERAL
STANDARD SPECIFICATIONS
For the purpose of this contract, the “GREENBOOK” STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION (Latest Edition). Slurry materials, transportation,
mixing, and application shall be per the Standard Specifications for Public Works Construction
(SSPWC) 2012 Edition.
CONTRACT STREETS
The following streets are included in this contract for maintenance:
Corona Avenue from District to Fruitland Avenue
Everett Avenue from Exchange to District Blvd.
Loma Vista Avenue from District to Fruitland Avenue
Maywood Avenue from Exchange to District Blvd.
48th Street from Loma Vista to Corona Avenue
49th Street from west end to Corona Avenue
50th Street from Loma Vista to Gifford Avenue
50th Street from Boyle to Downey Road
The streets are also shown on the Project Map, Attachment No. 8.
CONTRACT LENGTH
All work in this project shall be completed within three (3) days, two (2) consecutive
weekends, as further described in the COORDINATION and CONSTUCTION SCHEDULE
sections below subject to extensions for each day of (1) rain, fog and inclement weather.
EXAMINATON OF THE SITE
The bidders are required to examine the site and judge for themselves the location,
physical conditions, substructures, and surroundings of the proposed work.
MOBILIZATION
The cost of all preparatory work and operations for the multiple movements of personnel,
equipment, supplies, and incidentals to the various project sites must be included in the various
bid items, and no extra compensation will be paid to the Contractor.
DELAYS AND EXTENSIONS OF TIME
The Provisions of Section 6-6 entitled “Delays and Extensions of Time” of the Standard
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Specifications shall apply except as modified and supplemented below.
The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph
shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the
Contractor to obtain materials, equipment and labor, except as authorized by the
Engineer. The length of the contact time stipulated includes any time which may
be require to obtain materials, equipment, and labor. The Contractor shall be
deemed to have ascertained the availability of materials, equipment and labor and
considered same in its construction schedule.
QUALITY OF WORK
The provisions of Section 4-1.1 entitled “Materials and Workmanship” of the Standard
Specifications shall apply. In addition, any work deemed unacceptable by the Engineer, whether
a cause is determined or not shall be repaired or replaced by the Contractor at their expense.
COMPLIANCE WITH LAWS, REGULATIONS, AND SAFE PRACTICES
The Contractor shall perform all work in a safe, competent manner and in accordance
with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders.
The Contractor will be solely and completely responsible for the conditions of the job
site, including safety of all persons and property during performance of the work. This
requirement will apply continuously and not be limited to normal working hours.
Inspection of the Contractor’s performance by the City, its agents, or employees is not
intended to include review of the adequacy of the Contractor’s safety measures in or near the job
site.
CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to
be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable
manner, he shall be immediately discharge from the project on the requisition of the Engineer,
and such person shall not be reemployed on the work. If said individual has an ownership
interest in the contracting entity, the Engineer will serve written notice upon the Contractor and
the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by
Contractor," of the Standard Specifications, demanding complete and satisfactory compliance
with the Contract.
PROTECTION OF THE PUBLIC
The Contractor shall take such steps and precautions as his/her operations warrant to
protect the public from danger, loss of life, loss of property or interruption of public services.
Unforeseen conditions may arise which will require that immediate provisions be made to
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protect the public from danger or loss, or damage to life and property, due directly or indirectly
to prosecution of work under this contract. Whenever, in the opinion for the Engineer, a
condition exists which the Contractor has not taken sufficient precaution of public safety,
protection of utilities and/or protection of adjacent structures or property, the Engineer will order
the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation
within a reasonable time period as determined by the Engineer, or in the event of an emergency
situation, the Engineer may provide suitable protection by causing such work to be done and
material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall
be borne by the Contractor. All expenses incurred by the City for emergency repairs will be
deducted from the final payment due to the Contractor.
COORDINATION
The contractor shall coordinate the work with Petrochem Manufacturing Inc.
(PMI), who will be the supplier of the Rubberized Emulsified Asphalt Slurry (REAS) for a
minimum of two consecutive weekends. This will include the staging areas, costs for the
sweeping, taping (protection) of the manholes and valve covers, transfer and placement of the
REAS material, placement of the temporary striping tabs, clean-up and related work. The
Contact for PMI:
Greg Montefiore- Petrochem Manufacturing Inc. (PMI) (310) 291-2134
Additionally, the contractor shall coordinate with all necessary City personnel and
crews when necessary.
TRAFFIC CONTROL
The traffic control on the street will be supplied by the City of Vernon Public Works
Department. Streets scheduled for slurry each day will be completely closed.
PROHIBITED PARKING IN WORK AREA
All traffic and parking signs will be provided and posted by the City. The City of Vernon
Public Works Department will provide the 72 hours’ notice for parking restrictions.
CONSTRUCTION SCHEDULE
The schedule for the laydown is for two consecutive weekends (two Saturdays and one
Sunday). Work will take place on Saturday September 13, 2014, Sunday September 14th,
and Saturday September 20th
CONSTRUCTION HOURS
The proposed laydown of the Rubberized Emulsion-Aggregate Slurry (REAS) seal work
done shall occur on Saturday and/or Sunday between the hours of 7:00 a.m. to 1:00 p.m. Once
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placement of the striping tabs are completed, the Contractor shall notify the City of Vernon that
Contractor is ready for the City of Vernon to open the streets to traffic. City of Vernon will be
responsible for opening the street to traffic. Streets shall be opened to through traffic no later
than 5:30 p.m. If for any reason Contractor begins work before 7:00 a.m., or continues
work after 5:30 p.m., Contractor shall pay to the City $125 of liquidated damages per 15
minute increment during which the street should be open, but is not.
CONSTRUCTION ACTIVITIES COORDINATION
The Contractor shall notify the City of Vernon Community Services & Water
Department, Police Department, Fire Department, Utility Companies of the proposed work and
coordinate all work under this contract with all Utilities and Public Agencies.
MATERIAL SUBMITTALS
There will be no material submittals as part of this contract agreement.
MATERIAL AND EQUIPMENT STORAGE AREAS
There will be no material or equipment storage areas as part of this contract agreement.
All equipment shall be removed on a daily basis.
PUBLIC CONVENIENCE
The Contractor shall conduct operations to minimize the obstruction of access and
inconvenience to the public and the City of Vernon Fire Department.
DUST CONTROL
The Contractor shall abate dust nuisance by supplying a power street sweeper with water
spraying capability.
TEMPORARY WATER METER
Contractor shall obtain a temporary water meter from the City of Vernon Water
Department by placing a deposit of $1,000.00. Contractor shall pay for all water used.
Contractor shall not relocate the service. The Contractor shall call the City of Vernon
Water Department to relocate the service and will be charged $50.00 for each relocation.
PRIVATE OR PUBLIC PROPERTY DAMAGE
Any damage to private or public property caused by the Contractor shall be repaired or
replaced at no cost to the City. Repairs and replacements shall be at least equal to existing
improvements and shall match in materials, finish and dimensions.
CLEANING OF THE SITE DURING CONSTRUCTION
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During construction, all existing improvements adjacent to the proposed slurry pavement
shall be swept free from asphalt, soils, gravel, dirt or debris on a daily basis.
The Contractor shall also make all necessary efforts to minimize the tracking of the fresh
tack coat oil and loose asphalt aggregates on to existing improvements (sidewalks, driveways,
curb and gutters, and private property). The Contractor will be responsible for such cleaning.
FINAL CLEANING OF CONSTRUCTION SITE AND RESTORATION
The Contractor shall be responsible for cleaning and restoration of all damaged or
tracking of tack coat oil or excessive slurry on existing improvements such as sidewalk,
driveway, curb and gutter, and private property at no cost to the City.
The cost of furnishing and operating such sweeping after the construction of the project
must be included in the various bid items, and no extra compensation will be paid to the
Contractor.
SANITARY FACILITIES
The Contractor shall furnish and maintain sanitary facilities by the worksites for the
entire construction period.
B. PROPOSED RUBBERIZED EMULSION-AGGREGATE SLURRY (REAS)
SEAL, TYPE II
NOTIFICATION, POSTING AND SCHEDULE CHANGES
Notification and Posting:
The City shall deliver "Notice to Businesses and Residents" 7 days prior to the sealing of
the street. The posting of "No Parking Tow Away" signs 72 hours prior to sealing will be
performed by the City of Vernon.
Schedule Changes
There will be no requests for changes in the schedule by the contractor. Failure to meet
the notified schedule will result in liquidated damages of $1,500 per day.
RESPONSIBILITY
The City will be responsible for the advance notification of businesses and residents.
The Contractor will sweep and cover and protect valves and manholes in the streets
to be sealed prior to applying slurry.
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The Contractor will place temporary striping tabs after the placement of the slurry.
The City will remove any street markings (thermoplastic) before the placement of
the slurry.
The City will purchase the REAS material from PMI and have it delivered to the job site.
The City will place barricades, delineators, signs, flashers, and traffic control devices.
The City will provide flagmen while slurry operations are in progress.
The City of Vernon shall not be held responsible for the care or protection of any material
or parts of the work prior to the Final Acceptance.
PREPARATION OF THE EXISTING PAVEMENT SURFACE
General:
Prior to applying REAS slurry, all vegetation will be sprayed with Roundup and
removed from cracks in the pavement and joints between the pavement and concrete
gutters by the City.
Manholes, valve boxes, drop inlets and other service entrances will be protected
from the slurry seal by a suitable method by the Contractor. The Engineer shall approve
the surface preparation prior to sealing.
Street Sweeper:
Contractor shall furnish a power street sweeper with operator to clean the asphalt
pavement the same day the street is sealed. The sweeper shall have a steel gutter broom and a
rear plastic broom, and three (3) yard minimum capacity hopper. When water is used, cracks
will be allowed to dry thoroughly before slurry sealing. The Engineer shall approve the surface
preparation prior to sealing.
Manholes, valve boxes, drop inlets and other service entrances will be protected from the
slurry seal by a suitable method. The Engineer shall approve the surface preparation prior
to sealing.
APPLICATION
The surface should be pre-wetted by fogging ahead of the slurry box when required by
local conditions. Water used in pre-wetting the surface shall be applied such that the entire
surface is damp with no apparent flowing water in front of the slurry box. The rate of
application of the fog spray shall be adjusted during the day to suit temperatures, surface texture,
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humidity and dryness of the pavement surface.
The slurry mixture shall be of the desired consistency upon leaving the central mix plant
and no additional materials shall be added. A sufficient amount of slurry shall be carried in all
parts of the spreader at all times so that a complete coverage is obtained. Overloading of the
spreader shall be avoided. No lumping, balling or unmixed aggregate shall be permitted. In
placing slurry, the slurry machine shall move no faster than 150' a minute, or when chatter marks
appear.
No streaks, such as those caused by oversized aggregate, will be left in the finished
surface. If excess oversize develops, the job will be stopped until Contractor proves to the
Engineer that the situation has been corrected.
REAS Slurry Crew:
Each slurry crew shall be composed of a English-speaking coordinator at the project site at
all times, a competent quick-set mixing person, a competent licensed driver, two (2) squeegee
men, and sufficient laborers for any handwork, cleanup, and traffic control.
Joints:
No excessive buildup, uncovered areas or unsightly appearance shall be permitted on
longitudinal or transverse joints. An excessive overlap will not be permitted on longitudinal
joints. Contractor shall provide suitable width spreading equipment to produce a minimum
number of longitudinal joints throughout the project. When possible, longitudinal joints shall be
placed on lane lines. Half passes and odd width passes will be used only in minimum amounts.
If half passes are used, they shall not be the last pass of any paved area.
Mix Stability:
The slurry mixture shall possess sufficient stability so that premature breaking of the
slurry seal in the spreader box does not occur. The mixture shall be homogeneous during and
following mixing and spreading, it shall be free of excess water or emulsion and free of
segregation of the emulsion and aggregate fines from the coarser aggregate.
Hand Work:
Areas which cannot be reached with the slurry seal machines shall be surfaced using hand
squeegees to provide complete and uniform slurry seal coverage. The area to be hand worked
shall be lightly dampened prior to mix placement and the slurry worked immediately. Care shall
be exercised to leave no unsightly appearance from handwork or to overwork the mix. The same
type finish as applied by the spreader box shall be required. Handwork shall be completed during
the machine applying process.
Lines:
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Care shall be taken to insure straight lines along gutters. No runoff on these areas will be
permitted. Join lines at intersections will be kept straight to provide a good appearance.
Clean-up:
Contractor is responsible for cleaning the REAS slurry and the tracking of the fresh oil on
the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc.
The contractor shall also remove any debris associated with the work on a daily basis.
The cost of furnishing labor and material for such cleaning shall be included in the
contract, and no extra compensation will be paid to the Contractor.
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ATTACHMENTS
1.Attachment No. 1 – Bidder’s Checklist
2.Attachment No. 2 – Signature Page, Legal Status, and Acknowledgement of Addenda
3.Attachment No. 3 – Bid Form
4.Attachment No. 4 – Affidavit of Non-Collusion
5.Attachment No. 5 – Vendor List Questionnaire
6.Attachment No. 6 – Sample Labor and Materials Contract
7.Attachment No. 7 – PMI Equipment Rental Cost
8.Attachment No. 8 – Project Map
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ATTACHMENT NO. 1
BIDDER’S CHECKLIST
TO THE BIDDER:
The following list is provided for the convenience of both you and the City and help eliminate
errors and omissions which may render your bid unacceptable. Please check all appropriate
boxes and submit with your bid.
ATTACHMENT NO. 1 - BIDDERS CHECKLIST
ATTACHMENT NO. 2 - SIGNATURE PAGE, LEGAL STATUS AND
ACKNOWLEDGEMENT OF ADDENDA
ATTACHMENT NO. 3 - BID FORM
ATTACHMENT NO. 4 - AFFIDAVIT OF NON-COLLUSION FORM
ATTACHMENT NO. 5 - VENDOR LIST QUESTIONNAIRE FORM
ATTACHMENT NO. 6 - SAMPLE LABOR AND MATERIALS CONTRACT
Bidder must submit ONE ORIGINAL AND TWO COPIES.
All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the
bid and the bidder’s name address appearing on the outside.
Bids should be addressed to:
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the City Clerk’s Office before that time. At the bid
opening, the City Clerk shall open bid package, acknowledge the receipt of the Bid Form
from manufacturer/Supplier. Once all bid packages are opened and announced, the Unit
Price Bid Forms will be made available for public review.
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ATTACHMENT NO. 2
SIGNATURE PAGE, LEGAL STATUS AND ACKNOWLEDGEMENT OF
ADDENDA
The Bid shall be signed by an authorized signatory with his/her usual wet ink signature.
An authorized signatory shall be one of the following:
(1) Sole Proprietorship: An individual shall sign.
(2) Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses of all partners.
(3) Corporation: An officer shall sign for a corporation. The corporate name must
be attested by the corporate seal. The names and titles of the president and all officers of
the corporation who are authorized to sign the Bid Forms must be listed in an
authenticated incumbency certificate signed by the corporate secretary. A signature other
than a corporate officer’s will be accepted only if an authenticated incumbency certificate
and corporate resolution conferring signature authority is attached.
(4) Joint Venture: Bidders shall use the appropriate section(s) listed above based
on their applicable situation.
The undersigned certifies that he/she is an official legally authorized to bind his/her firm
and to enter into a contract should the City accept this bid.
Bid by _____________________________________________________________
(Name of Firm)
Legal status of bidder: Please check the appropriate box
_____ Corporation State of Incorporation ______________________________
_____ Partnership List Names _______________________________________
_____________________________________
_____ DBA State full name _________________________________DBA
___________________________________________
___________________________________________
_____ Other Explain ___________________________________________
___________________________________________
___________________________________________
Respectfully submitted:
Signature of Bidder ___________________ Title ___________________________
(Authorized Signature)
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Address __________________________ City _________ State ______ Zip ________
Telephone No. ( ) ___________________________________________________
License Number: _______________________ Date of Expiration: _______________
Date: ______________________
(SEAL - if Bid is by a corporation)
ADDENDUM NO. BIDDER’S INITIALS
1.____________________________
2.____________________________
3.____________________________
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INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are
authorized to sign the Bid Forms:
PRESIDENT’S AND OFFICERS’ NAMES: TITLE:
_____________________________________ ______________________________
_____________________________________ ______________________________
_____________________________________ ______________________________
_____________________________________ ______________________________
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting
Secretary of _______________________________________ (the “Company”), and that, as
such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and
further certifies that the persons named above are the duly elected, qualified and acting officers
of the Company, holding on the date hereof, the titles and positions set forth opposite their names
and are authorized to sign the Bid Forms.
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate
this ______ day of _____________, 20__.
_______________________
Print Secretary’s Name
_______________________
Secretary’s Signature
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ATTACHMENT NO. 3
BID FORM
LABOR AND EQUIPMENT FOR PLACEMENT OF TYPE II SLURRY
(REAS)
FOR THE DEPARTMENT OF PUBLIC WORKS, WATER &
DEVELOPMENT SERVICES
LUMP SUM BID
Pursuant to and in compliance with the Notice Inviting Bids and all attachments and contract documents relating to the
Project including all Addenda, Bidder, having become thoroughly familiar with the terms and conditions of the project
and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done,
hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the bidding and
contract documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and
transportation services and coordination necessary to fully perform the Work and complete it in a workmanlike manner)
for the total Lump Sum of:
________________________________________________ Dollars ($_____________________)
Words Arabic figures
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.
If there is any discrepancy between the “words” listed above and the “Arabic figures”
listed above, the words shall control.
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ATTACHMENT NO. 4
AFFIDAVIT OF NON-COLLUSION CONTRACTOR
STATE OF CALIFORNIA }SS
COUNTY OF LOS ANGELES}
_________________________________________________________________, being first duly sworn
deposes and says that he/she is
__________________________________________________________________
(Insert “Sole Owner”, “Partner”, “President”, “Secretary”, or other proper title)
of __________________________________________________________________________________
(Insert name of bidder)
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person,
partnership, company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference 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 proposals, said bidder:
a.Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
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 proposal, or that anyone should refrain
from bidding or withdraw his proposal;
c.Did not, in any manner, directly or indirectly seek by agreement, communication or
conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or
to raise of fix any overhead profit or cost element of this proposal price, or of that of anyone
else;
d.Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to nay corporation,
partnership, company, association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except the City of Vernon, or to any
person or persons who have a partnership or other financial interest with bidder in his
business.
I certify under penalty of perjury that the above information is correct
By: ___________________________________ Title: _______________________________________
Date: _________________________________
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ATTACHMENT NO. 5
VENDOR LIST QUESTIONAIRE
CITY OF VERNON
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
Affidavit of Equal Opportunity & Non Segregation
In order to be placed to the City’s vendor list and be eligible to receive City business, you must
provide the following information except where indicated as “optional”. By submitting this form
you are declaring under penalty of perjury under the laws of the State of California and the laws
of the United States that the information is true and correct. Furthermore, you are certifying that
your firm will adhere to equal opportunity employment practices to assure that applicants and
employees are not discriminated against because of their race, religion, color, national origin,
ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not and will not
permit its employees to perform their services at any location, under its control, where
segregated facilities are maintained.
Name of Company ____________________ Business Telephone ______________
Address ______________________________ Fax Number _____________________
(optional)
City ________________________________ State __________ Zip _______________
Contact Person _________________ E-mail Address _________________________
Tax ID Number (or Social Security Number) ________________________________
Remit Address (if different) ______________________________________________
Please state clearly and concisely the type(s) of goods and services your company provides:
______________________________________________________________________________
______________________________________________________________________________
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ATTACHMENT NO. 6
LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR’S NAME]
COVER PAGE
Contractor: [insert name of contractor]
Responsible Principal of Contractor: [insert name, title]
Notice Information - Contractor: [insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 583-8811 ext. [insert]
Facsimile: [insert fax number]
Commencement Date: [insert commencement date]
Termination Date: [insert termination date], unless extended
pursuant to the Contract
Consideration: Total not to exceed $[insert amount]
(includes all applicable sales tax)
Records Retention Period Three (3) years
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THIS Contract is made between the CITY OF VERNON ("City"), a California charter City and
California municipal corporation, and [Contractor’s Name], a [State incorporated in] corporation
(“Contractor”)
The City and Contractor agree as follows:
1.0 CONTRACT DOCUMENTS
The “Contract Documents” except for modifications issued after execution of this Agreement,
shall consist of the following documents which are either attached hereto as exhibits or are
incorporated into this Agreement by this reference, with the same force and effect as if set forth
at length herein:
A. Governmental Approvals including, but not limited to, permits required for the Work;
B. This Agreement;
C. Performance Bond;
D. Payment Bond;
E. If required; Maintenance Bond;
F. Insurance Requirements;
G. If required; Contractor Submittal Log and List of Submittals Required;
H. Baseline Project Schedule;
I. Preliminary Schedule of Values;
J. Forms Required for Compliance with Labor Law Requirements;
K. Notice Inviting Bids;
L. Instructions to Bidders;
M. Bid Forms;
N. Designation of Subcontractors;
O. Bidding Addenda Nos. _____; and
P. Standard Specifications for Public Works Construction, 2012 Edition (Greenbook)
40
2.0 REFERENCE DOCUMENTS
The following Reference Documents are not considered Contract Documents and were provided
to the Contractor for informational purposes. Contractor may rely upon the technical data
contained in such documents but not upon non-technical data, interpretations, opinions or
provisional statements contained therein:
A. Geotechnical Reports dated ______________________;
B. Sewer Utility Plans
C. {List additional documents}
3.0 SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and
pursuant to the Contract Documents, the Contractor shall perform and provide all necessary:
labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools;
permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities;
utility connections; and transportation necessary to complete the Work in strict conformity with
the Contract Documents for:
{INSERT PROJECT NAME}
Specification No. XXXX
4.0 TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completion of the Work within ______
calendar days from the Date of Commencement established in City’s written Notice to Proceed
(“Contract Time”), subject to adjustment in accordance with the Contract Documents.
Contractor shall achieve Final Completion of the Work, within the time established by the
Certificate of Substantial Completion issued by the City. The Contract Time may only be
adjusted as permitted by this Construction Contract and the General Conditions.
Time is of the essence of this Agreement. Except when the Contract Documents state
otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that
the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor
to perform and complete the Work.
5.0 CONTRACT SUM AND CONDITIONS
5.1 In consideration of the Contractor’s full, complete, timely, and faithful
performance of the Work required by the Contract Documents, City shall pay Contractor the sum
of _________________ dollars/no cents ($________________) (“Contract Sum”). The actual
41
direct cost of all Permit Fees is excluded from the Contract Sum, however Contractor’s cost of
administration and coordination of all Governmental Approvals and Utility Fees is included in
the Contract Sum.
5.1.1 Retention. ln addition to any other withholdings permitted by this
Contract, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress
payments shall be withheld by city from each progress payment (“Retention”) and retained until
such time as it is due as described herein. A higher Retention amount may be approved by the
City Council where project is deemed “substantially complex” by City Council
5.1.2 Disputed Amounts. Pursuant to California Public Contract Code 7107,
City may deduct and withhold from the Final Payment due, an amount up to 150% of any
disputed amounts, including, without limitation, amounts to protect City against any loss caused
or threatened as a result of Contractor's failing to fully perform all of those obligations that are
required to be fulfilled by Contractor as a condition to Final Completion and Final Payment.
Alternatively, City may elect, in its sole discretion, to accept the Work without correction or
completion and adjust the Contract Sum pursuant to the Contract Documents.
5.1.3 Acceptance of Final Payment. Acceptance of Final Payment by Contractor
shall constitute a waiver of all rights by Contractor against City for recovery of any loss,
excepting only those Claims that have been submitted by Contractor in the manner required by
the Contract Documents prior to or at the time of the Final Payment
5.1.4 Withholding by City. In addition to any other amounts which City may
have the right to retain under the Contract Documents, City may withhold a sufficient amount of
any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to
cover actual or threatened loss due to any of the following:
1.Third Party Claims. Third-party claims or stop notices filed or reasonable
evidence indicating probable filing of such claims or stop notices. City shall
promptly inform Contractor of any third party claims related to this Contract;
2.Defective Work. Defective Work not remedied;
3.Nonpayment. Failure of Contractor to make proper payments to its
Subcontractors for services, labor, materials or equipment;
4.Inability to Complete. Reasonable doubt that the Work can be completed for
the then unpaid balance of the Contract Sum or within the Contract Time;
5.Violation of Applicable Laws. Failure of Contractor or its Subcontractors to
comply with applicable laws or lawful orders of governmental authorities;
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6.Penalty. Any claim or penalty asserted against City by virtue of Contractor’s
failure to comply with applicable laws or lawful orders of governmental
authorities (including, without limitation labor laws);
7.Failure to Meet Contract Time. Any damages which may accrue as a result of
Contractor failing to meet the Construction Schedule or failing to perform
within the Contract Time;
8.Setoff. Any reason specified elsewhere in the Contract Documents as grounds
for a withholding offset or set off or that would legally entitle City to a set-off
or recoupment;
9.Consultant Services. Additional professional, consultant or inspection
services required due to Contractor’s failure to comply with the Contract
Documents;
10.Liquidated Damages. Liquidated damages assessed against Contractor;
11.Materials. Materials ordered by City pursuant to the Contract Documents;
12.Damages. Loss caused by Contractor or Subcontractor to City, Separate
Contractors or any other person or entity under contract to City;
13.Clean Up. Clean up performed by City and chargeable to Contractor pursuant
to the Contract Documents;
14.Employee Benefits. Failure of Contractor to pay contributions due and owing
to employee benefits funds pursuant to any applicable collective bargaining
agreement or trust agreement;
15.Required Documents. Failure of Contractor to submit on a timely basis,
proper and sufficient documentation required by the Contract Documents,
including, without limitation, Construction Schedule updates, ‘look ahead’
schedules, Submittals, Schedules of Values, information on Subcontractors,
Change Orders, certifications and other required reports or documentation;
and
16.Other Breach. A breach of any obligation or provision of the Contract
Documents.
5.1.4.1 Release of Withholding. If and when City determines, in its sole
discretion, that the above grounds for withholding have been removed and that all losses incurred
or threatened have been paid, credited or otherwise satisfied, then payment shall be made for
amounts withheld because of them.
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5.1.4.2 Application of Withholding. City may apply sums withheld
pursuant to this Contract, in payment of any loss or threatened loss as City determines, in its sole
discretion, to be appropriate. Such payments may be made without a prior judicial determination
of City’s actual rights with respect to such loss. Contractor agrees and hereby designates City as
its agent for such purposes, and agrees that such payments shall be considered as payments made
under Construction Contract by City to Contractor. City shall not be liable to Contractor for
such payments made in good faith. City shall submit to Contractor an accounting of such funds
disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole
discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract
Documents.
5.1.4.3 Continuous Performance. Provided City pays the undisputed
portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and
uninterrupted performance of the Work during the pendency of any disputes or disagreements
with City.
5.2 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 _______________________, as more fully
set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit “A”.
5.3 All work shall be done in a manner satisfactory to the City’s Director of
Community Service and Water (“Director”), or the Director’s designee, in writing, and shall be
of highest quality with respect to _________________________________________.
5.4 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 performance 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 performed satisfactorily prior to the date of termination.
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6.0 LIQUIDATED DAMAGES
6.1 Contractor and City agree to liquidate damages in the amount of _________ dollars
($_____) per day, with respect to Contractor’s failure to achieve Substantial Completion of the
Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to
apply to this Contract as set forth in Government Code Section 53069.85. Contractor
acknowledges and agrees that the liquidated damages are intended to compensate City solely for
Contractor’s failure to meet the deadline for Substantial Completion and shall not excuse
Contractor from liability from any other breach, including any failure of the Work to conform to
the requirements of the Contract Documents. Contractor shall also be obligated to pay any
liquidated damages as stated in the Contract Documents.
6.2 In the event that Contractor fails to achieve substantial completion of the Work within the
contract time, Contractor agrees to pay City the amount specified herein for each calendar day that
substantial completion is delayed.
6.3 Contractor and City acknowledge and agree that the foregoing liquidated damages have
been set based on an evaluation of damages that the City will incur in the event of late completion
of the Work. Contractor and City acknowledge and agree that the amount of such damages are
impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages
to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that
liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are
not manifestly unreasonable under the circumstances existing as of the effective date of this
Agreement.
6.4 It is further mutually agreed that City shall have the right to deduct liquidated damages
against progress payments or retainage and that the City will issue a Construction Change
Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract
Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the
difference to City.
Contractor Initial here: _________.
7.0 TERMS AND CONDITIONS.
7.1 INDEPENDENT CONTRACTOR.
7.1.1 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
45
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.
7.1.2 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.
7.2 CONTRACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subcontractors shall have no authority, express or implied, to act on
behalf of or bind the City in any capacity whatsoever as agents or otherwise.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
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7.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from time
to time, incorporated herein and applicable to the performance hereof.
7.9 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.
8.0 INTERPRETATION.
8.1 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.
8.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto,
constitutes the entire agreement and understanding between the parties regarding its subject
matter and supersedes all prior or contemporaneous negotiations, representations,
understandings, correspondence, documentation and agreements (written or oral).
8.3 WRITTEN AMENDMENT. This Contract may only be changed by written
amendment signed by Contractor and the City Manager 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.
8.4 SEVERABILITY. If any provision in this Contract is held by any court of
competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion 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.
8.5 ORDER OF PRECEDENCE. In case of conflict between the terms of this
Contract and the terms contained in any document attached as an Exhibit or 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.
8.6 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.
8.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this
Contract, each of which shall be deemed an original.
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8.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each
and every covenant, term and provision hereof.
8.9 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.
8.10 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. 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.
8.11 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.
9.0 INDEMNITY, INSURANCE, AND BONDS
9.1 INDEMNITY. Contractor 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:
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.
This agreement 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,
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its employees or agents other than Contractor or Contractor’s subcontractors are excluded from
this indemnity agreement.
9.2 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of
insurance of the types and in the amounts set forth below, for the duration of the Contract,
including any extensions thereto. The policies shall state that they afford primary coverage.
INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION. This
Agreement’s insurance provisions are separate and independent from the indemnification and
defense provisions herein; and do not limit, in any way, the applicability, scope, or obligations of
the indemnification and defense provisions in this Agreement.
9.2.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile
liability form, for using a personal vehicle; or an amount of
$500,000 including owned, hired, and non-owned liability
coverage if written on a Commercial automobile liability form.
9.2.2 General Liability with minimum limits of at least $1,000,000
combined single limits written on an Insurance Services Office
(ISO) Comprehensive General Liability "occurrence" form or its
equivalent for coverage on an occurrence basis.
Premises/Operations and Personal Injury coverage is required.
The City of Vernon, its directors, commissioners, officers,
employees, agents and volunteers must be endorsed on the policy
as additional insureds as respects liability arising out of the
Contractor's performance of this Contract.
A. If Contractor employs other contractors as part of the
services rendered, Contractor's Protective Coverage is
required. Contractor may include all subcontractors as
insureds under its own policy or shall furnish separate
insurance for each subcontractor, meeting the requirements
set forth herein.
B. Blanket Contractual Coverage.
C. Products/Completed Operations coverage.
9.2.3 Contractor shall comply with the applicable sections of the
California Labor Code concerning workers' compensation
for injuries on the job. Compliance is accomplished in one
of the following manners:
49
A. Provide copy of 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 minimal limit of
$1,000,000 per accident. The policy shall be endorsed to
waive all rights of subrogation against City, its directors,
commissioners, officers, employees, and volunteers for
losses arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no employees
subject to the Labor Code's Workers' Compensation
provision will be used in performance of this Contract.
9.2.4 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.
9.2.5 Insurance shall be placed with insurers with a Best's rating of no
less than B:VIII.
9.2.6 Prior to commencement of performance, 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
bind coverage on its behalf. The certificate(s) must be in a form
approved by City. City may require complete, certified copies of
any or all policies at any time.
9.2.7 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 Contractor, at City's option; (b) immediately
terminate this Contract; 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 Contractor.
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9.3 REQUIRED BONDS.
9.3.1 Contractor shall furnish the following bonds:
A. A Performance Bond in an amount equal to one hundred percent (100%)
of the total Contract price.
B. A Payment Bond (Labor and Material) in an amount equal to one hundred
percent (100%) of the total Contract price.
9.3.2 Power of Attorney. All bonds shall be accompanied by a power of attorney from
the surety company authorizing the person executing the bond to sign on behalf of the company.
If the bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the person executing
the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of attorney.
9.3.3 Approved Surety. All bonds must be issued by a California admitted
surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or
better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be
deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety
insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated
in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attorney from the surety company authorizing the person executing the bond to sign
on behalf of the company. If the bonds are executed outside the State of California, all copies of
the bonds must be countersigned by a California representative of the surety. The signature of
the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as
the signature of the person designated in the power of attorney.
9.3.4 Required Provisions. Every bond must display the surety’s bond number
and incorporate the Contract for construction of the Work by reference. The terms of the bonds
shall provide that the surety agrees that no change, extension of time, alteration, or modification
of the Contract Documents or the Work to be performed thereunder shall in any way affect its
obligations and shall waive notice of any such change, extension of time, alteration, or
modification of the Contract Documents.
9.3.5 New or Additional Sureties. If, during the continuance of the Contract, any
of the sureties, in the opinion of the City, are or become non-responsible or otherwise
unacceptable to City, City may require other new or additional sureties, which the Contractor
shall furnish to the satisfaction of City within ten (10) days after notice.
9.3.6 Waiver of Modifications and Alterations. No modifications or alterations made in
the Work to be performed under the Contract or the time of performance shall operate to release
51
any surety from liability on any bond or bonds required to be given herein. Notice of such
events shall be waived by the surety.
9.3.7 Approval of Bonds. The Contract will not be executed by City nor the
Notice to Proceed issued until the required bonds have been received and approved by City.
City's decision as to the acceptability of all sureties and bonds is final. No substitution of the
form of the documents will be permitted without the prior written consent of City.
10.0 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 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
4305 Santa Fe Ave.
Vernon, CA 90058
With a Copy to:
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.
11.0 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.
12.0 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.
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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 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 performance.
13.0 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. Sec 15) or under the Cartwright Act Chapter 2
(Commencing with Section 16700) or part 2 of Division 7 of the 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 the 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.
14.0 ADDITIONAL ASSURANCES
14.1 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 “E”.
14.2 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.
14.3 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
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other than the City of Vernon, including, but not limited to, such additional (out of the City)
expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
14.4 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.
14.5 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 Agreement 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 1½ times the
basic rate of pay.
14.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City
service contracts of any amount, as to all employees spending time on City contracts shall
observe the City’s Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit “D”. Upon request,
certified payroll shall be provided to the City.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date
stated in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:____________________________
Mark Whitworth, City Administrator
[CONTRACTOR’S NAME, a [State
incorporated in] corporation
By:
Name:
Title:
CONTRACTOR’S SIGNATURE MUST
BE NOTARIZED
ATTEST:
_______________________________
Ana Barcia, Deputy City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
_______________________________
Scott Porter, Deputy City Attorney
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
PROPOSAL
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EXHIBIT C
SCHEDULE OF WORK
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EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time
for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer’s compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney’s fees, or to compel City officials to terminate the service contract of violating
employers.
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EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontractor shall adhere to equal opportunity employment practices to
assure that applicants and employees are treated equally and are not discriminated against
because of their race, 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 Agreement, discriminated against applicants or employees because of
their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of 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 Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
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ATTACHMENT NO. 7
PMI EQUIPMENT RENTAL COST
NO. DESCRIPTION QUANTITIES UNIT
TYPE
UNIT
COST ($)
COST ($) ITEM
ESTIMATE
$
1
Applicator
Trucks (Two
Trucks need per
day)
6 TRUCK $2,520.00 $15,120.00 $15,120.00
2
One (1) Service
Truck w/Pumper
(One Truck needed
per day)
3 TRUCK $475.00 $1,425.00 $1,425.00
3
One (1) Slurry Pump
3 UNIT $500.00 $1,500.00 $1,500.00
4
One (1) Slurry
Box (One needed
per day)
3 UNIT $250.00 $750.00 $750.00
5 Transport Trailers 18 LOAD $150.00 $2,700.00 $2,700.00
Total Estimated Equipment Charges $21,495.00
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E
V
A
R
D
26TH
ST
R
E
E
T
WAS
H
I
N
G
T
O
N
SOTO STREETVERNON AVENUE53RD STREET54TH STREET55TH STREET56TH STREET57TH STREET58TH STREET
44
T
H
S
T
R
E
E
T
PA
C
K
E
R
S
A
V
E
N
U
E
45
T
H
S
T
SACO ST.malabar
DEKALB
DEKALB
49TH STREET JEWEL AVENUE
HE
L
I
O
T
R
O
P
E
52n
d
d
r
i
v
e
SLAUSON AVE
M
A
Y
F
L
O
W
E
R
KI
N
G
SL
A
U
S
O
N
A
V
E
.
52nd
d
r
i
v
e
ALAMO
STREETALAMEDA STREET
L O N G
B E
A
C
H
F R
W
Y
.
-
7
1
0
PENNINGTON WY.
BOYLE AVENUE
F
R
U
I
T
L
A
N
D
A
V
E
N
U
E
A
T
L
A
N
T
I
C
B
O
U
L
E
V
A
R
D
B
A
N
D
I
N
I
B
O
U
L
E
V
A
R
D
legend:
pr
o
j
e
c
t
m
a
p
Slurry Seal Locations
Ci
t
y
o
f
V
e
r
n
o
n
Co
n
t
r
a
c
t
N
o
.
C
S
-
0
4
8
7
Ci
t
y
w
i
d
e
S
l
u
r
r
y
S
e
a
l
(R
E
A
S
)
P
H
A
S
E
I
I
I
50
T
H
S
T
R
E
E
T