2015-04-21 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 Office of the City Clerk at Vernon City
Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least
48 hours prior to the meeting or time when services are needed will assist the 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, April 21, 2015, 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
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Council Member Elect
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. Transfer of Jurisdiction Presentation – City Hall Substation Name Change to Maisano
Substation.
Recommendation:
A. Find that the item 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
Regular City Council Meeting Agenda
April 21, 2015
Page 2 of 8
B. Acknowledge the Transfer of Jurisdiction and the Substation name change from “City Hall
Substation” to “Maisano Substation”.
2. A Proclamation of the Mayor and the City Council of the City of Vernon commending Richard
J. Maisano for his many years of service to the City of Vernon.
ELECTION MATTERS
3. A Resolution of the City Council of the City of Vernon, California, reciting the fact of the
General Municipal Election held on April 14, 2015, declaring the results and such other matters
as provided by law.
Recommendation:
(A) Find that the proposed approval 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 as this is merely an administrative item; and
Final determinations to be announced at the City Council Meeting pending the Final Canvassing of the Votes
scheduled for Monday, April 20, 2015.
(B) Accept the Certificate of Canvass; and
(C) Adopt a Resolution declaring the results of the General Municipal Election held April 14, 2015,
declaring that ____________ (Roberts/Woodruff-Perez) is elected to the office of Member of the
City Council and that Measures O and Measure P are ____________ (approved/rejected); and
(D) Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office
to ____________ (Roberts/Woodruff-Perez).
4. Oath (Affirmation) of Office.
5. Election of Mayor and Mayor Pro Tempore.
Recommendation:
(A) Find that the elections of the Mayor and the Mayor Pro Tempore are exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment as this is merely
an administrative item; and
(B) Elect one of its members as Mayor; and
(C) Elect one of its members as Mayor Pro Tempore.
/ / /
/ / /
Regular City Council Meeting Agenda
April 21, 2015
Page 3 of 8
PRESENTATIONS (CONT’D)
6. Personnel Matters - Service Pin Awards.
March 2015 Anniversary
Employee Name Job Title Years
Allen Castro Firefighter 15
Shahram “Shawn” Sharifzadeh Resource Scheduler 15
7. Commendation to Vernon Police Dispatcher Cerissa Diaz.
8. A Proclamation of the Mayor and the City Council of the City of Vernon commending David R.
Zapien for his many years of service to the City of Vernon.
9. City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution
of the State of California for newly hired Police Officer, Carlos Ourique.
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
10. None
Minutes – To be Received and Filed
11. Minutes of the Special City Council Meeting held April 7, 2015.
12. Minutes of the Regular City Council Meeting held April 7, 2015.
Warrant Registers
13. Approval of City Payroll Warrant Register No. 706, totaling $2,616,139.62, which covers the
period of March 1 through March 31, 2015 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $1,863,797.66; and
B. Checks and electronic fund transfers totaling $752,341.96.
14. Approval of City Warrant Register No. 1422, totaling $940,930.98, which covers the period of
April 2 through April 13, 2015 and consists of the following:
Regular City Council Meeting Agenda
April 21, 2015
Page 4 of 8
A. Ratification of wire transfers totaling $598,824.43; and
B. Ratification of the issuance of early checks totaling $196,679.41; and
C. Authorization to issue pending checks totaling $154,427.14.
15. Approval of Light & Power Warrant Register No. 387, totaling $619,511.59, which covers the
period of April 2 through April 13, 2015 and consists of the following:
A. Ratification of wire transfers totaling $496,840.35; and
B. Ratification of the issuance of early checks totaling $88,760.14; and
C. Authorization to issue pending checks totaling $33,911.10.
16. Approval of Gas Warrant Register No. 175, totaling $14,573.58, which covers the period of April
2 through April 13, 2015 and consists of the following:
A. Ratification of the issuance of early checks totaling $14,573.58.
Fire Department
17. Activity Report for the period of March 16 through March 31, 2015, to be received and filed.
Gas and Electric Department
18. Base Contract with Sequent Energy Management, L.P. for Sale and Purchase of Natural Gas.
Recommendation:
A. Find that the requested approval 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 a significant effect on the environment; and
B. 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 Sequent Energy
Management, L.P. (“SEM”), for the purpose of buying and selling natural gas to or from SEM,
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.
Health and Environmental Control Department
19. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of a grant application under the California Beverage Container Recycling and Litter reduction
act to the California Department of Recycling Resources and Recovery (CalRecycle).
Regular City Council Meeting Agenda
April 21, 2015
Page 5 of 8
Recommendation:
A. Find that approval of the request for authority to receive and spend grant funds are exempt from
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 a significant effect on the
environment, and it can be seen with certainty that there is no possibility that the activity in
question may have such an effect on the environment; and
B. Approve and issue authorization to receive and spend grant funds under the Beverage Container
Recycling and Litter Abatement Activities for FY2014-2015.
20. March 2015 Monthly Report, to be received and filed.
Police Department
21. Activity Log and Statistical Summary of Arrests and Activities for the period of March 16,
through March 31, 2015, to be received and filed.
22. A Proclamation of the Mayor and the City Council of the City of Vernon declaring the week of
April 5-11, 2015 as Safety Seat Checkup Week.
Public Works, Water and Development Services Department
23. 2014 Annual Report of the Public Works, Water and Development Services Department, to be
received and filed.
NEW BUSINESS
Fire Department
24. Bid Award for Fire Department Training Facility Contractor.
Recommendation:
A. Find that approval of the bid award for a Fire Department Training Facility Contractor to
construct the undeveloped parcel and operate the facility is within the Initial Study and Negative
Declaration prepared for this project pursuant to the provisions under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15063, which requires the
lead agency to conduct an initial study to determine if the project may have a significant effect
on the environment, and Section 15070, which governs the agency’s decision to prepare a
negative declaration, and authorize the Director of Public Works, Water and Development
Services to file a Notice of Determination finding that the project will not have a significant
impact on the environment; and
B. Accept the bid of Kirila Fire Training Facilities, Inc., as the lowest responsive and responsible
bidder, rejecting all other bids; and enter into a contract, with Kirila Fire Training Facilities, Inc.,
for an amount not to exceed $747,777.00, for a Fire Department Training Facility Contractor;
Regular City Council Meeting Agenda
April 21, 2015
Page 6 of 8
further authorize a contingency of $50,000.00, in the event of an unexpected changed condition
in the project and grant authority to the City Administrator to issue a change order for an amount
up to the contingency amount.
Human Resources Department
25. Adoption of City Of Vernon Personnel Policy and Procedure, Reference/Background Checks I-
12.
Recommendation:
A. Find that approval of the proposed personnel policy and procedure 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
B. Adopt Personnel Policy and Procedure, Reference/Background Check Policy I-12, and
incorporate it into the Personnel Policies and Procedures Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute and distribute
the above-referenced policy to all employees.
Public Works, Water and Development Services Department
26. Bid Award for Contract CS-0541: Citywide Traffic Signal Maintenance Project.
Recommendation:
A. Find the awarding of a contract to Aegis ITS is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301,
because this project only consists of maintenance and repair of the City’s traffic signals and does
not involve any expansion of existing facilities; and
B. Accept the bid from Aegis ITS, Inc.as the lowest responsive and responsible bidder and reject all
other bids; and
C. Approve a contract with Aegis ITS, Inc. not to exceed $110,000.00 per year for a total of three
years for the Citywide Traffic Signal Maintenance Project, Contract No. CS-0541
27. Approval of Two (2) Easements for Public Road Located at 5119 District Boulevard.
Recommendation:
A. Find that the acceptance of the Easements for Public Road proposed are categorically exempt
under the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
B. Accept the two (2) Easements for Public Road and authorize the Mayor to execute easement
forms with exhibits.
Regular City Council Meeting Agenda
April 21, 2015
Page 7 of 8
28. Approval of Electrical Easement on 5970 Alcoa Avenue.
Recommendation:
A. Find that the acceptance of the proposed Electrical Easement is categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section
15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Accept the Electrical Easement and authorize the Mayor to execute easement form with exhibits.
ORDINANCES
29. Ordinance No. 1227 - An Ordinance of the City Council of the City of Vernon adopting
amendments to the comprehensive zoning ordinance of the City of Vernon; establishing zoning
districts in the City and regulating and restricting the use, size, and the location of buildings and
improvements on land; the use of land and open space; adopting a map showing said zoning
districts, defining the terms used in the ordinance; providing for its adjustment, amendment and
enforcement; and repealing all ordinances or parts of ordinances in conflict therewith. (second
reading)
Recommendation:
A. In accordance with the California Environmental Quality Act, contained in Public Resources
Code commencing at Section 21000 and the California Code of Regulations, Title 14, Chapter 3,
certify the Supplemental Final Environmental Impact Report dated March 2015, adopt Findings
of Fact and Statement of Overriding Considerations, and adopt Mitigation Measures and a
Mitigation Monitoring and Reporting Program for the City of Vernon General Plan and Zoning
Ordinance Update (State Clearinghouse No. 2007061031). It is further recommended that the
City Clerk of the City of Vernon shall be designated as the custodian of all documents or other
materials which constitute this record of proceedings upon which this decision is made; and
B. Adopt the Ordinance adopting the Zoning Ordinance Amendment and Zoning Map.
ORAL REPORTS
30. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
31. City Council Reports – brief report on activities, announcements, or directives to staff.
/ / /
/ / /
/ / /
Regular City Council Meeting Agenda
April 21, 2015
Page 8 of 8
CLOSED SESSION
32. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic Development
Manager
Negotiating Party: PI Fruitland, LLC
Under Negotiation: Price and Terms of Assignment and Assumption of Purchase and Sale Agreement.
NEW BUSINESS (CONT’D)
City Administration Department
33. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of an Agreement regarding Assignment and Assumption of Purchase and Sale Agreement by and
between the City of Vernon and PI Fruitland, LLC for property located at 3200 Fruitland
Avenue.
(Supporting documentation for this item will be disseminated at the meeting pending and contingent
upon any reportable action from the above listed closed session)
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 16th day of April 2015.
By: ________________________________
Maria E. Ayala
City Clerk
REGF-q\f ED
APR 15 2015
CW CLERK'S OIIICE STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
REGEIVED
APR I q 2015
CITY ADMINISTRATI
DATE:
TO:
FROM:
RE:
April2l,2015
Honorable Mayor and Cify Council .1
Carlos Fandino Jr., Director of vernon Gas & Electric 6 ^'tn'|J
Transfer of Jurisdiction Presentation - Substation Name Change to Maisano
Recommendation
It is recommended that the City Council:
A) Find that the item in this staff report is exempt under the California Environmental
Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
B) Acknowledge the Transfer of Jurisdiction and the Substation name change from City Hall
to Maisano as presented by the Vemon Gas & Electric Department.
Backqround
The City of Vernon Gas & Electric Department has prepared a presentation for Council to
announce a name change for the City Hall Substation. The new name to be issued is Maisano
Substation, in honor of our current Councilman for his dedicated service to the City. All
Transmission & Distribution and electrical equipment nomenclature will be re-labeled in the
field accordingly.
The City Hall Substation was initially commissioned in 1966. Its original primary purpose was
to provide electric service to the Booster Plant, a water well and the City Hall building. The
substation consisted of S&C Metal clad switchgear and three single phase power transformers.
The switchgear is capable of maintaining electricity to the City Hall and the Booster Plant even
during power outages by automatically transferring the electric load to a different circuit and
distribution substation. In20ll, the Department performed a major upgrade to the substation by
retiring the 40+ years old transformers with a2500 KVA substation type three phase transformer
in order to continue to provide a reliable, effective service City Hall buildings and facilities.
Councilmember Maisano was born and raised in the Southeast Los Angeles area and attended
Alhambra High School. He has been a resident of Vernon since 2005 and was appointed to fill-
in a vacant seat of the City Council in January of 2009. Councilmember Maisano has been a
business owner for a number of years, and brings a strong business perspective to the City
Council. He is a loyal member of Vernon's leadership and as a gesture of appreciation for his
unwavering commitment to the businesses and residents of the City, staff is honored to present a
plaque to signify this historic moment and commemorate this transfer ofjurisdiction on April 7,
2015. The official transfer of jurisdiction will formally be enacted via telephone with the
dispatcher on duty at the Substation.
Fiscal Imoact
This report is for informational purposes only. There is no fiscal impact.
REGE[\/ED
APR l5 2015
CITY CLERK'S (]FFICE
DATE:
TO:
FROM:
RE:
REGEIVED
APR 15 2015
CITY ADMINISTRATION
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
April2l,2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources
RECOGNITION OF RETIRING CITY COUNCILMEMBER_ RICHARD J.
MAISANO
Recommendation
It is recommended that the City Council:
A. Acknowledge and present a proclamation to retiring City Councilmember, Richard J.
Maisano, in recognition of his dedicated service to the City of Vernon.
Background
Historically, the City has approved proclamations in honor of retiring City employees. This is
the appropriate time to approve a proclamation for R.ichard J. Maisano, Councilmember who is
retiring from the City of Vemon after providing approximately six (6) years and four (a) months
of public service to the City, and its patrons.
Councilmember Maisano was appointed to fill a vacant, mid-term seat on the City Council on
January 12, 2009, and elected to serve a full, five-year term in April 2010. As a long-time
business owner and manager, Mr. Maisano's key qualities and business perspective were
invaluable contributions to the decision making process of the City Council and the County
Sanitation District #23 Board of Directors on which he served.
Councilmember Maisano is one of three (3) remaining Councilmembers who was seated during
the defeat of state legislation aimed at disincorporating Vemon. His dedication and commitment
played a key role in the transition and transparency of the City of Vernon to implement and
employ good governance reform policies.
Councilmember Maisano has devotedly and determinedly dedicated himself to service of his
community and has represented the City with distinction and honor as he interfaced with
community, business, county, state and federal government officials and agencies.
Budset Impact:
This activity can be carried out without additional impact on the current operating budget.
0f@
A PROCI},MATION OF TITE MAYOR AA{D TTIE CITY COANCIL OF
TIilE CITY OF WRNON COMMENDING RICTIARDT. MAISANO FOR
HIS MANY YEARS OF SERVICE TO TTIE CITY OF I'ERNON
W'IIEREAS, Nchard J. Maisano hasfaithfu$t serued the Ciyt of Veruonfor ouer 61ears; and
IV/HEKEAS, Nchard J. Maisano will retirefmn tbe Ciyt of Verzon effectiue April2l, 2015; and
IY'IIEKEAS, Nchard J. Maisano deuoted signtfcant time and ffirt aboue and beynd the coarse and scope
of his elected daties on behalf of thepeople of the Ciry of Veraon; and
V/HEREAS, the economic health of the Ciyt of Vernon aad its people depends in large meoslffe on the
entreprenearship, dedication, innouations and steadfast commitment of leaders sach as Nchard J. Maisano; and
IV/HEREAS, daring his longand distinguished career with the Ci4t of Vernon, Nchard J. Maisano has
won the deepest respect of his colleagues thmagh his contibutions and leadership to tbe Ciry; and
V/HEREAS, the Malor and the CiEtCouncilof the Ciry of Veraon, on behalf of its emplolees, residents
and basinesses, wishes to cornmend and thankNchard J. Maisanofor his nanlyars of seruice to tbe Ciry and inuite
recognition of his contibutions and achieuements.
NOIT/, THEREFORE, THE MAYORAI{D THE CIW COUNCILOF THE CITY OF
I,ERNOAT, ON BEHAI-F OF ITS EMPLOYEES, RESIDEATJ,4ND BUIINE-'-'ES HEKEBY
COM IENDS RICHARD J. MAISANO FOR HlJ MANY YEARS Ot- SERWCE TO THE CITY.
THrS PROCr,AALAIIONIJ BErNG PRE-'EAtrED TO KICHAKD J. MAISANO BY THE
HONORABIE, MAYORIT/IL]fAM DAWS FORAND ON BEHALF OF THE, CIW COUNCIL
OF THE CIW OF T/ERNOAJ THIJ 2IST DAY OF APRILTV/O THOUSAND AND FIFTEEN,
B)t
CITY OF I,GRJVON
If/. MICIIAEL MCCORMICK, Malor
RECFf I;,,i
APR I5 :.,5
REGEIVED
APR I 6 2015
CITY ADMINISTRATIONCIIY CtErrrt'J uFrlCE
TO:
FROM:
RE:
STAFF REPORT
Honorable Mayor and Cify Council
Maria E. Ayala, ctW o"1\9: .
A Resolution of the City Council of the City of Vernon, California, Reciting the
Fact of the General Municipal Election held on April 14,2015, Declaring the
Result and Such Other Matters as Provided by Law
Recommendation
A. Find that the proposed approval is exanpt 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 as this is merely an
administrative item; and
Final determinations to be announced at the City Council Meeting pending the Final Canvassing
of the Votes scheduledfor Monday, April 20,2015.
B. Accept the Certificate of Canvass.
C. Adopt a Resolution declaring the results of the General Municipal Election held April 14,
2015, declaring that (Roberts/Woodrulffprrrrl is elected to the office of
Member of the City Council and that Measures O and P ate
(appr ov e d / r ej e c t e d) ; and
D. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of
Office to ( Ro b e r t s / W o o d r uff P e r e z ).
Backsround
On April 14,2015, a General Municipal Election was held for the purpose of electing one member
to the City Council for the full term of five (5) years, and to submit to the voters of the City of
Vernon the following Measures:
Gity Glerk Department
DATE:April2l,20l5
Page 1 of 3
Measure O:
Shall Chapter 3.7 of Article III of the Vemon City Charter be
amended to clarify that the candidate(s) with the next
subsequent highest number of votes in an election with
multiple seats, shall be elected to fill the unexpired term or
terms after all full terms of office are filled by candidate(s)
who have received a hieher number of votes?
YES
NO
Measure P:
Shall Chapter 7 .4 of Article VII of the Vernon City Charter be
amended to allow the City Council to fix the duties, tenure and
YES
compensatlon oI oillcers Dy any means lt oeems appropnate/NO
As of the closing of the nomination period on January 21,2015, at 5:30 p.m., Dennis E. Roberts
and Yvette Woodruff-Perez were the only two official candidates. As of March 31,2015, there
were no requests for a write-in candidate.
On March 18, 2015, sixty-three (63) vote-by-mail ballots were mailed. Subsequently the
following provisional ballots were issued: two (2) as duplicate ballots for registered voters with a
new address; two additional (2) ballots for new registered voters; and one (l) as a duplicate to
replace a lost ballot. Thirty-six (36) ballots were received as of 8 p.m. on April 14, 2015. Of the
ballots received, 35 were processed for signature verification, and canvassed on April 14,2015.
One ballot was not able to be processed for signature verification in time for the semi-final
canvassing, and will be canvassed at the final canvassing scheduled for April 20, 2015 at 10 a.m.
Pursuant to State of California Elections Code 3020(b), vote-by-mail ballots postmarked on or
before the election date and received no later than three days after the election shall be timely
cast. The City of Vernon, in accordance with State elections laws has noticed the final
canvassing to take place on Monday, April 20, 2015 in City Hall Council Chambers at 10 a.m. so
as to account for any and all eligible vote-by-mail ballots received within this timeframe.
The final official election results will be announced at the City Council meeting on April 21,
2015.
As of the semi-final canvassing that took place on day of Election, April 14, 2015 at 8 p.m., the
vote tally was as follows:
Councilmember Seat Measure O Measure P
Roberts Woodruff-
Perez Blank Yes No Blank Yes No Blank
Aoril 14.2015 13 2t I 29 4 2 27 6 2
Total Votes
Canvassed 35 35 35
Page 2 of 3
The results of final canvassing will be summarized in the City Clerk's Certification of Canvass,
will be incorporated as part of the proposed Resolution, and will be made available at the
meeting.
Fiscal Impact
There is no negative fiscal impact.
Attachment(s)
l. Draft Resolution Reciting the Fact of the General Municipal Election held on April 14, 2015,
and Declaring the Results.
(Final Resolutionfor this item will be disseminated at the meeting pending the final canvassing
of the ballots scheduled to be held on April 20, 2015, at l0:00 a.m.)
Page 3 of 3
RESOI-,UTION NO.
A RESOLUTION OF THE CITY COI]NCIL OF THE CITY OF
VERNON, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON APRIL 14 , 2OI5,
DECI.ARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVTDED BY I,AW
WHEREAS, a ceneral- Municipal- Electsion was hel-d and conducted
in Ehe City of Vernon, Cafifornia. on Tuesday, April 14, 20]-5, as
required by 1aw; and
WHEREAS, pursuant to ordinance No. l-201, t.he el-ectsion was
conducted entirely by vote-by-mail baIIot pursuant !o SecEion 4000, et
seq., of the Elections Code of the StaEe of California; and
WHEREAS, notsice of the el-ection was given in Eime, form and
manner as provided by Iaw; and
WHEREAS, an elecEion officer was appointed, voEe-by-mail
ballots were properly senE to af1 registered voters, and in all
respects Ehe election was held and conducted, t.he votes were cast,
received and canvassed, and the returns were made and declared in Ehe
time, form and manner required by the City Charter and the El-ections
Code of Ehe SEate of California; and
WHEREAS, the City Clerk canvassed the returns of the
el-ection and has cerEified the resultss to the Citsy Council, which
certification and results are received, attached and made part hereof
as Exhibits A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the CiEy of Vernon hereby
finds and determines that Ehe above reciEal-s are true and correct.
SECTION 2:The
that this action is exempt
Act (CEoA) , in accordance
that CEQA only applies to
on the environment .
1ega]1y casc in the
April 1-4, 201-5, was
SECTfON 5:
CiEy Council of the CiEy of Vernon finds
under the California Environmentsal Quality
with section 15051- (b) (3), the general rule
projects t.hat. may have a significanE effect
SECTfON 3: One (1) vot.ing precincE was established for the
purpose of holding said Election, consisting of Ehe regular election
precinct in lhe CiEy as establ-ished for the holding of State and
County elecEions.
SECTION 4: The whole number of vote-by-mail voter ba1Iotss
CiEy for the General Municipal Election held on
_, with one provisional balfot cas!.
The following are declared Eo be Ehe resulEs of
said ceneral MunicipaL Election for the office of member of the City
Council:
Dennis E. Roberts
Yvet.te Woodruf f -Perez
BIank
Section 6:
votes
votes
voCes
The City Council of Ehe City of vernon hereby
, was elected as member of the CitYdeclares that
Council for Ehe fuII term of five (5) years
SECTIoN ?: The City Clerk shall immediat.ely make and
del-iver to the person so elected a Certificate of Election signed by
the Citsy clerk and authenticated.
SECTIoN 8: The City Clerk sha11 also administer to the
person elected Ehe oath of office prescribed in Ehe constitution of
the State of Cafifornia and shall have them subscribe to it. and file
it. in the office of Ehe Citsy C1erk. The person so eLected sha1l Ehen
be j-nducted into the respectj-ve office to which he/she has been
elected.
SECTION 9: The measures voted upon at the April 14, 201-5,
General Municipal Election were as follows:
MEASURE O:
Sha11 Chapter 3.7 of Article III of the Vernon
City Charter be amended to clarify that the
candidate (s) with the next subsequent highest
number of votes in an election with multiple
seats, sha1l be elected to fill the unexpired
term or terms after all fuII terms of office
are filIed by candldate (s) who have received a
higher number of votes?
YES
NO
MEASURE P:
Shall Chapter 7.4 of Article VII of the Vernon
City Charter be amended to a11ow the City
Council to fix the duties, tenure and
compensation of officers by any means it deems
appropriate?
YES
NO
3
SECTION 10; The number of votes given in the one voting
precinc! in t.he CiEy for and against the measures are as listed in
Exhibits A atstsached hereto.
SECTION 11: The City Council- does decfare and det.ermine t,hat
as a resuIts of the General Municipal Election, a simpLe majorit.y of
the voters voting on Measure O and Measure P, did voEe in favor of all
measures. and tshe measures were carried, and shal-I be deemed approved
and adopted.
SECTION 12: The City Cferk, or Deputy City CLerk, shaLL
enter on the records of the City Council of the City. a sEatemen! of
t,he result of the elect,ion, showing:
(1) The whole number of votes casE in the cicy,
(2\ The measures voEed upon;
(3) The EoEal- number of votes given in the City for
and against the measures .
4
SECTION 13: The City C1erk, ot Deputy City C1erk, of the
City of Vernon sha11 certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City C1erk, of the City
of Vernon sha11 cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AI{D ADOPTED this 21st day of April , 201-5.
Name:
Title: Mayor / mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian Byun, Deputy City Attorney
5
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
t,, CiEy Clerk / Deputy City Clerk of t.he CiEy
of Vernon, do hereby certify Ehat the foregoing Resolution, being
Resolution No.was duly passed, approved and adopted by the
City Council of t.he CJ-t.y of Vernon at a regular meeting of the City
council duly held on Tuesday, April 21, 2015, and tshereafter was duly
signed by Ehe Mayor or Mayor Pro-Tem of the Citsy of Vernon.
City Clerk / Deputy CiCy Clerk
(SEAI)
6
REEEI\/ED
APR I 6 2OI5
CIIY CLERl('S OFTICE
RECEIVED
AFR t 6 20t5
CITY ADMINISTRATION
STAFF REPORT
City Clerk Department
DATE:
TO:
FROM:
RE:
April2l,2015
Honorable Mayor and City Council
Maria E. Ayala, City Cle
Election of Mayor and Mayor Pro Tempore
Recommendation
It is recommended that the City Council:
A. Find that the elections of the Mayor and the Mayor Pro Ternpore are exempt under the
California Environmental Quality Act ("CEQA") in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment as this is merely an administrative item; and
B. Elect one of its members as Mayor; and
C. Elect one of its members as Mayor Pro Tempore.
Backsround
Chapter 3.5 of the Vernon Municipal Charter requires the City Council to elect a Mayor at this
meeting:
"At the Council meeting at which any Council member is installed following a regular
municipal election, ... the City Council shall meet and shall elect one of its members as
Mayor. The Mayor shall be the presiding officer of the City Council. The Mayor shall be
a member of the City Council for all purposes and shall have all the rights, powers and
duties of a member of the City Council in addition to those powers and duties conferred
upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the
City for all ceremonial purposes. The Mayor shall perform such other duties consistent
with the office of mayor as may be prescribed by this Charter or as may be provided by the
CityCouncil...."
Chapter 3.6 of the Vernon Municipal Charter similarly requires that the City Council select a
Mayor Pro Tem at this meeting:
"At the time that a mayor is selected, the City Council shall also designate one of its
members as Mayor Pro Tempore. The Mayor Pro Tempore shall serve in such capacity at
the pleasure of the City Council and may be removed by a majority vote of the members
of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the
Mayor's absence or disability."
Fiscal Impact
There is no fiscal impact.
REEEIWED
APR I 5 2015
CITY CLER1('S OFFICE
REGEIVED
APR 0 8 20t5
STAFF REPORT CITY ADMINI ATION
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
April2l,20l5
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources
Service Pin Awards for March 2015
Recommendation
City Council to present Service Pins to those employees hired in March.
Background
Submitted herewith lists the employees who are eligible to receive their service pins based on the
number of service years with the City of Vernon.
Fiscal Imnact
None.
MARCII ANNIVERSARY
EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS
Allen Castro Fire Firefighter 3l-1312000 15
Shahram "Shawn" Sharifzadeh Gas & Electric Resource Scheduler 3l-13l2ooo 15
201.5 SERVICE PIN LIST
STAFF REPORT
VERNON POLICE DEPARTMENT
April 21,2015
Honorable Mayor and City Council
Daniel Calleros, Police Chief \V
Commendation Award Presentation
REGEE\/ED
APR 15 2015
CITY CLERK'S OFF]CE
TO:
FROM:
RE:
RECEIVED
APR 0 r 2015
CITY ADMINISTRATION
Recommendation
The Police Department will present a commendation award to Police Dispatcher
Cerissa Diazfor her actions in handling a 9-1-1 call involving a suicidal person.
Background
On the evening of Monday, February 2,2015, Police Dispatcher Cerissa Diaz answered
a 9-1-1 call from a suicidal man who expressed of dying by being shot to death at the
hands of Police Officers. Dispatcher Diaz remained calm and immediately began
sending patrol units to the area where the caller reported to be waiting in a vehicle. As
Police Officers responded, Dispatcher Diaz kept the man on the phone, talking with him,
settling him down, and building a rapport. When patrol units arrived to the reported
location, they were unable to locate the caller as he had deliberately provided false
information about his whereabouts. Dispatcher Diaz continued talking with the caller
and simultaneously used available resources to locate the location of the caller through
the use of the Global Positioning System (GPS) from the 9-1-1 system.
Dispatcher Diaz was persistent and continued talking to the caller to elicit information
about his whereabouts. Her words opened a lifeline of communication between two
strangers. They exchanged names and the caller talked about his personal issues.
However, based on statements made by the caller, Police Officers were clearly going to
encounter a "Suicide by Cop" situation once the caller was located.
Dispatcher Diaz continued the conversation with the man for nearly an hour as he
expressed to end his young life. The caller was emotional throughout the conversation
and on a few occasions intentionally hung up the phone. Dispatcher Diaz immediately
telephoned the caller back and convinced him to continue talking as she was trying to
get him help. Because of Dispatcher Diaz'words of encouragement, support, and
actions, she was able to persuade the caller to drive to the public parking lot area of
Vernon City Hall. Dispatcher Diaz remained on the telephone with the caller until he
arrived in the public parking lot where Police Officers detained the caller and later
transported him to a local mental health facility.
The actions taken by Dispatcher Diaz during this incident undoubtedly defused a
potential volatile situation. She did an exceptional job dealing with the troubled caller
and helped Police Officers bring the incident to a safe conclusion. ln addition, the caller
was able to obtain the necessary mental health treatment.
Fiscal lmpact
None
REGtri\AED
APR 15 i315
REGElVED
APR I t 20t5
CITY ADMINISTRATIONSTAFF REPORT
CITY CLER('S OFFICE HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
April2l,20l5
Honorable Mayor and City Council
Teresa McAllister, Director of Human ResourcesJr|'
RECOGNITION OF RETIRING EMPLOYEE _ DAVID R. ZAPIEN,
POLICE SERGEANT
Recommendation
It is recommended that the City Council acknowledge and present a proclamation to retiring
employee David R. Zapien, Police Sergeant, in recognition of his dedicated service to the City of
Vernon.
Backsround
Historically, the City has approved proclamations in honor of retiring City employees. This is
the appropriate time to approve a proclamation for David Zapien, Police Sergeant who is retiring
from the City of Vernon after providing twenty nine (29) years and seven (7) months of service
to the City, and its patrons.
}i {ir. Zapien was hired as a Police Officer I on September 3, 1985. During his career with the
Vernon Police Department, Mr. Zapien held various assignments such as: Police Officer, Field
Training Officer, Detective, and was ultimately promoted to the position of Sergeant. Mr.
Zapien meets the eligibility requirements under CaIPERS and will be retiring from the City of
Vernon Police Department effective April 30th 2015.
Fiscal Impact
This activity can be carried out without additional impact on the current operating budget.
0
A PROCLAMATION OF TTIE MAYOR AND TIIE CITY COUNCIL OF
TTIE CITY OF WRNON COMMENDING DAVID R. ZAPIEN FOR ITIS
MANY YEARS OF SERWCE TO TIIE CITY OF VERNON
V/HEREAS, Dauid k Zapien bas been enphled @ the Ciry of Vernon since September 3, 1985, and has
faithfillb sented tbe Ciry of Vernon for approxinatefi 29 yars; and
IYHEREAS, Dauid k Zapien will retirefrom the Cifl of Vernon efectiue April 30, 201 5; and
WIIEREAS, Daaid k Zapien is retiring as a Police Sergeant in the Police Department; and
V/HEREAS, during the course of his enplolnent aith the Ciry of Veruon, Dauid k Zapien has beld uaious
positions in the Vernon Police Departnent rangingfrom Police Oficer, Field TrainingOficer, Detectiae, Detectiae
Sergeant, and Police Sergeant; and
IV/HEREAS, during his long and distinguished career with the Ciry of Vernon, Dauid k Zapien has won the
deepest respect of his colleagues through his contributions and leadership to the Ci!; and
WHEREAS, it is an honor to express our appredation to Dauid k Zapienfor his exemplary seraice to the Ci\t
of Vernon and wish Dauid good healtb upon his retirement andfor continued MCce$ in life's pursuits; and
V/HEKEAS, the Malor and the Ci4t Council of the Cigt of Vemon, on bebalf of its emphlees, residents and
businesses, wish to commend and thank Dauid k Zapien for his manlyars of seraice to the Ci4t and inuite recognition of
his contibutions and achieuements.
NOIT/, THEKEFORE, THE MAYORAND THE CIW COUI{CIL OF THE CIW OF
I/ERIION; ON BEHA]] OF ITS EM?LOYEES, RESIDEATTJIND BUIINE-'-'ES HEKEBY
COMMENDS DAWD K ZAPIEAtrFOR HIS MANY YEARS OF SERWCE TO THE CIW.
THIS PROCI.A]VIANONIJ BEING PRE.'EAru-ED TO DAWD K ZAPIENBY THE
HONORABIE, MAYORIT/. MICIIAELMCCORMICKFORAND ON BEHAIJ OF THE CIW
couNCIL OF THE CIW OF t.ERt{ON TFIIJ 21sr DAy OF APRILTIT/O THOUSAND AND
FIFTEEN.
CITY OF IURNON
V/. MICIIAEL MCCOR IICK, Malor
BJt
RECE'VED
APR t 5 2015
CITY CLERt('S OFFICE
RECEgVED
APR 0 2 2015
CITY ADMINISTRATI(]NSTAFF REPORT
VERNON POLICE DEPARTMENT
DATE:
TO:
FROM:
RE:
April 21,2015
Honorable Mayor and City Council
Daniel Calteros, Police Chief tr/
Presentation - Swear-ln Ceremony
Recommendation
It is recommended that the City Council instruct the City Clerk to administer the
Oath of Office required by Article XX, Section 3 of the Constitution of the State of
California for the newly hired Police Officer.
Backqround
Due to the promotion of a Patrol Sergeant in mid-2014, a Police Officer vacancy in the
Patrol Division was created. Leaving this position vacant would have a significant
impact on the required patrol deployment levels and would also increase overtime costs
to cover staffing shortages.
To fillthe vacancy, the Police Department conducted a recruitment process. Based on
a review of the qualifications of each eligible candidate and an extensive background
investigation, it was determined that Carlos Ourique, a lateral Police Officer is the best
qualified candidate for the position of Police Officer.
Fiscal Impact
There is no fiscal impact to the City general budget as this position has been included in
the 2014-2015 fiscal year budget.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 7, 2015, 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 8 a.m. by Mayor McCormick.
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.
No public comment provided.
CLOSED SESSION
At 8:01 a.m. the City Council entered into closed session to discuss the following agendized
items.
1. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic
Development Manager
Negotiating Party: Pechiney Cast Plate, Inc.
Under Negotiation: Price and Terms of Second Amendment Agreement
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic
Development Manager
Negotiating Party: Pacific Industrial, LLC
Under Negotiation: Price and Terms of Sale
At 8:49 a.m. the City Council exited closed session. Zaynah Moussa, Deputy City Attorney,
reported out on closed session as follows:
City Council met in closed session regarding two items. As to Closed Session Item 1,
Council consulted with its negotiators and voted 5-0 to authorize the price and terms of
the Second Amendment to the Agreement with Pechiney Cast Plate, Inc. This is to be
addressed further during open session of the City Council’s regular meeting today.
With regard to Closed Session Item 2, there was no reportable action taken.
Special City Council Meeting Minutes
April 7, 2015
Page 2 of 2
With no further business, at 8:50 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, APRIL 7, 2015, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor Pro-tem Davis led
the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda. City Clerk announced
that supporting documentation to Agenda Item No. 11, as being distributed to Council; and that
additional copies have been provided for the public.
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 also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No public comment provided.
PUBLIC HEARINGS
1. Public hearing on the adoption of a Final Supplemental Environmental Impact
Report and Mitigation Monitoring Reporting Program and adoption of
Amendments to the City of Vernon General Plan and Zoning Ordinance and
Zoning Map.
At approximately 9:01 a.m. Mayor McCormick opened a public hearing on the matter.
Kevin Wilson, Director of Public Works, Water and Development Services Department,
provided a brief introduction on the proposed changes to the City’s zoning ordinance. Mr.
Wilson introduced Laura Stetson, consultant from MIG, who will be providing a brief
presentation. Upon Ms. Stetson concluding her presentation to the Council, Mr. Wilson further
elaborated on the proposed changed elements of the zoning ordinance, and reported on the recent
workshops that were held on this topic.
Mr. Wilson outlined the proposed actions to be considered by the Council, and read the
ordinance and resolution by titles.
Mayor McCormick asked for public comment. No public comment was received.
Councilmember Ybarra had questions and comments regarding the City considering zoning
certain areas so as to allow residential development. Mr. Wilson responded to Ms. Ybarra’s
questions. Mr. Wilson offered that staff could look into a future separate study on housing if that
should be the direction that staff is given by Council.
At 9:14 a.m. the public hearing was closed.
Approve the following:
Resolution No. 2015-15 - A Resolution of the City Council of the City of
Vernon adopting amendments to the City of Vernon General Plan and the
various elements included therein and repealing all resolutions in conflict.
Regular City Council Meeting Minutes
April 7, 2015
Page 2 of 9
Ordinance No. 1227 - An Ordinance of the City Council of the City of
Vernon adopting amendments to the comprehensive zoning ordinance of the
City of Vernon; establishing zoning districts in the City and regulating and
restricting the use, size, and the location of buildings and improvements on
land; the use of land and open space; adopting a map showing said zoning
districts, defining the terms used in the ordinance; providing for its
adjustment, amendment and enforcement; and repealing all ordinances or
parts of ordinances in conflict herewith. (first reading)
Recommendation:
A. In accordance with the California Environmental Quality Act, contained in Public
Resources Code commencing at Section 21000 and the California Code of
Regulations, Title 14, Chapter 3, certify the Supplemental Final Environmental
Impact Report dated March 2015, adopt Findings of Fact and Statement of
Overriding Considerations, and adopt Mitigation Measures and a Mitigation
Monitoring and Reporting Program for the City of Vernon General Plan and
Zoning Ordinance Update (State Clearinghouse No. 2007061031). It is further
recommended that the City Clerk of the City of Vernon shall be designated as the
custodian of all documents or other materials which constitute this record of
proceedings upon which this decision is made; and
B. Adopt a Resolution adopting the General Plan Amendment; and
C. Approve the first reading of the Ordinance adopting the Zoning Ordinance
Amendment and Zoning Map.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-15.
A roll call vote was called by the City Clerk to approve the first reading of Ordinance No. 1227.
On a motion by Maisano and second by Davis it was carried to approve the first reading of the
Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. The vote was as
follows:
Mayor McCormick Aye
Mayor Pro-tem Davis Aye
Councilmember Maisano Aye
Councilmember Martinez Aye
Councilmember Ybarra Aye
CONSENT CALENDAR
It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0.
Claims Against the City – Received and Filed
2. None
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held March 17, 2015.
Warrant Registers
4. Ratification of the following City Warrant Registers to record the following voided
checks:
A. City Warrant Register No. 1404 to record voided Check No. 344663 in the
amount of $1,700.00; and
Regular City Council Meeting Minutes
April 7, 2015
Page 3 of 9
B. City Warrant Register No. 1413 to record voided Check No. 345933 in the
amount of $400.00; and
C. City Warrant Register No. 1417 to record voided Check No. 346453 in the
amount of $175.00; and
D. City Warrant Register No. 1419 to record voided Check No. 346714 in the
amount of $1,213.31.
5. Approval of City Warrant Register No. 1421, totaling $1,381,104.06, which covers
the period of March 10 through April 1, 2015, and consists of the following:
A. Ratification of wire transfers totaling $924,175.82; and
B. Ratification of the issuance of early checks totaling $282,919.60; and
C. Authorization to issue pending checks totaling $174,008.64.
6. Approval of Light & Power Warrant Register No. 386, totaling $6,421,406.64,
which covers the period of March 10 through April 1, 2015, and consists of the
following:
A. Ratification of wire transfers totaling $6,231,645.73; and
B. Ratification of the issuance of early checks totaling $135,332.66; and
C. Authorization to issue pending checks totaling $54,428.25.
7. Approval of Gas Warrant Register No. 174, totaling $1,206,779.70, which covers
the period of March 10 through April 1, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,192,607.77; and
B. Ratification of the issuance of early checks totaling $6,533.25; and
C. Authorization to issue pending checks totaling $7,638.68.
Fire Department
8. Activity Report for the period of March 1 through March 15, 2015, to be received
and filed.
Health and Environmental Control Department
9. Resolution No. 2015 -16 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an application for an Enforcement
Assistance Grant from the California Department of Resources Recycling and
Recovery (CalRecycle).
Recommendation:
A. Find that the proposed action is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with (i) CEQA Guidelines section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment and (ii) CEQA Guidelines section 15308 because the
actions to be funded by the grant are to protect the environment; and
B. Adopt a Resolution approving and authorizing the execution of the application for
the Enforcement Assistance Grant from the California Department of Recycling
and Recovery (CalRecycle) for FY 2015-2016, and authorize the Director of
Health and Environmental Control to apply for, receive and expend said grant
funds.
Regular City Council Meeting Minutes
April 7, 2015
Page 4 of 9
Police Department
10. Activity Log and Statistical Summary of Arrests and Activities for the period of
March 1, through March 15, 2015, to be received and filed.
NEW BUSINESS
City Administration Department
11. Resolution No. 2015-17 - Adopt a Resolution of the City Council of the City of
Vernon approving and authorizing the execution of a second amendment to
standard offer, agreement and escrow instructions for the purchase of real estate
by and between the City of Vernon and Pechiney Cast Plate, Inc. for property
located at 3200 Fruitland Avenue.
Economic Development Manager and Successor Agency Staff Alex Kung provided a report on
the item.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-17. Motion
carried, 5-0.
12. Appointment of Resident (Non-City Council Member) to fill Vernon Housing
Commission Vacancy.
Recommendation:
A. Find that the recommended actions are exempt from the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and
B. Ratify the Mayor’s selection of Steven Froberg to serve on the Vernon Housing
Commission for the remaining term of the vacant Resident (non-City Council
member) seat, which expires August 2017.
It was moved by Davis and seconded by Ybarra to ratify the Mayor’s selection and appoint
Steven Froberg to serve on the Vernon Housing Commission. Motion carried, 5-0.
Fire Department
13. Approval to Purchase an Urban Search and Rescue Vehicle for the Fire
Department.
Recommendation:
A. Find that approval of the proposed purchase 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
B. Approve the purchase of a new Urban Search and Rescue Vehicle from Pierce
Manufacturing, Inc. (PMI) in the amount of $799,609.82 (the new vehicle would
replace the current 1998 vehicle that no longer meets the needs of the
department); and authorize the Purchasing Department to issue a purchase order
to PMI for the purchase amount ($400,000.00 of purchase amount would be
eligible for reimbursement through federal grant funding).
Fire Chief Wilson provided a report on the necessity of the vehicle and the grant funding that
will be utilized to partially pay for the vehicle.
Regular City Council Meeting Minutes
April 7, 2015
Page 5 of 9
It was moved by Martinez and seconded by Ybarra to approve the purchase of an Urban Search
and Rescue Vehicle. Motion carried, 5-0.
Gas and Electric Department
14. Approve the North American Energy Standards Board (“NAESB”) Contract with
CRC Marketing, Inc. (“CRC”) for the purpose of buying and selling natural gas to
CRC.
Recommendation:
A. Find that the requested approval 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
B. 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 CRC Marketing, Inc. (“CRC”) in substantially the same form as
submitted with the staff report, for the purpose of buying and selling natural gas
to or from CRC, 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.
Carlos Fandino, Director of Gas and Electric Department, gave a brief report on the NAESB
contract.
It was moved by Maisano and seconded by Martinez to approve the North American Energy
Standards Board Contract with CRC Marketing, Inc. Motion carried, 5-0.
Health and Environmental Control Department
15. Ratify and Acknowledge the Submittal of the Letter by the Green Vernon
Commission dated April 2, 2015 to the Air Quality Management District
Recommending the Suspending of The Rule Making Process for Rule 415 Odors
from Rendering Operations for 180 Days to Review Concerns.
Recommendation:
A. Find that merely submitting a letter and a possible scope of action are not final
actions and do not constitute a “project” subject to the California Environmental
Quality Act (“CEQA”), and that even if they were, they would be exempt from
CEQA under Guidelines section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Ratify and Acknowledge the Submittal of a letter to the Air Quality Management
District (AQMD) recommending the suspending of The Rule Making Process for
Rule 415 Odors from Rendering Operations for 180 days to review concerns.
Leonard Grossberg, Director for Health and Environmental Control Department, gave a brief
report on the letter to AQMD.
It was moved by Davis and seconded by Ybarra to ratify and acknowledge the submittal of the
letter by the Green Vernon Commission to the Air Quality Management District regarding Rule
415. Motion carried, 5-0.
/ / /
/ / /
Regular City Council Meeting Minutes
April 7, 2015
Page 6 of 9
Human Resources Department
16. Resolution No. 2015-18 - A Resolution of the City Council of the City of Vernon
declaring the month of April 2015, as “Sexual Assault Awareness Month” and
April 29, 2015, as “Denim Day”.
Recommendation:
A. Find that the request to adopt the resolution proclaiming April 2015 as “Sexual
Assault Awareness Month” and April 29, 2015 as “Denim Day” 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
B. Adopt a Resolution of the City Council of the City of Vernon declaring the month
of April 2015, as “Sexual Assault Awareness Month” and April 29, 2015 as
“Denim Day”.
Teresa McAllister, Director for Human Resources Department, gave a brief report on the
resolution.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-18. Motion
carried, 5-0.
Public Works, Water and Development Services Department
17. Bid Award for Rehabilitation of Production Well No. 16, Contract No. CS-0533.
Recommendation:
A. Find that the proposed Rehabilitation of Production Well No. 16 is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d), because the project involves
negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination; and
B. Accept the bid from General Pump Company, Inc. (the only bid received in
response to the solicitation for bids), as the lowest responsive and responsible
bidder and enter into a contract, not to exceed $151,180.00, for the Rehabilitation
of Production Well No. 16, Contract No. CS-0533.
Kevin Wilson, Director of Public Works, Water and Development Services Department,
provided a brief report.
It was moved by Maisano and seconded by Martinez to accept the bid from General Pump
Company, Inc. for Contract No. CS-0533. Motion carried, 5-0.
OLD BUSINESS
18. Vernon Housing Commission Recommendations to Sell City-Owned Housing Units
in Huntington Park; and Remodel Seven City-Owned Vernon Units to Level of
Remodel Projects Performed in 2007/2008.
Recommendation:
A. Find that the recommended actions are exempt from 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.
The Vernon Housing Commission recommends the City Council:
B. Sell the five City-owned housing units in Huntington Park at fair market value
based upon professional appraisals; and
Regular City Council Meeting Minutes
April 7, 2015
Page 7 of 9
C. Direct City staff to, as quickly as possible, facilitate the remodel of the seven
City-owned housing units in Vernon that were not remodeled as part of the
2007/2008 remodel of all other City-owned housing units in Vernon to the
standard utilized in 2007/2008.
Kristen Enomoto, Deputy City Administrator, provided a brief background on the item.
Mayor McCormick asked for public comment.
Marisa Olguin, Vernon Chamber of Commerce, addressed the Council. Ms. Olguin announced
that the Chamber supports the sale of the Huntington Park units as revenues from the sale could
potentially provide a funding source for Vernon housing remodels. Ms. Olguin also commented
that the Vernon residents are a priority, and the City should work towards addressing the housing
needs of the residents.
Mark Whitworth, City Administrator, clarified that all properties are paid for without any
outstanding loans.
After Council deliberations it was moved by Maisano and seconded by Martinez to sell City-
owned housing units in Huntington Park (first selling 3 units so as to use the remaining 2 units to
relocate residents of the units that will be remodeled; upon remodel completion the remaining 2
units would then be sold) and remodel seven City-owned Vernon units to the level of remodel
projects performed in 2007/2008. Motion carried, 5-0.
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: a reported strong arm robbery; a
reporting of verbal threats and brandishing of a firearm; officers arrested an individual for speed
contest; and, provided an update on the reported sexual assault (from last month) that the victim
recanted her statement. Chief Calleros also reported on the results of the Baker-to-Vegas relay.
The joined Vernon and San Gabriel PD team attained 5th place.
Police Captain Michael Gillman reported on vandalism incidents. Mayor McCormick reported
on vandalism observed in the City.
Fire Chief Michael Wilson provided an update on the following: two applications received for
firework stands; participated in a Paramedic Program Audit on March 4th by the LA County
EMS Agency, the department passed with no issues and or follow up; LA RICS is on hold until
future project plan amendment; March 24 Blood Drive results; reminder about the MDA Fill the
Boot “A” shift May 5th. “B” shift May 13th, “C” shift May 21st; recent department trainings;
March 17 structure fire; March 18 fire crews responded to assist LA County Fire with a possible
suicide attempt; and on March 25 fire crews responded to a structure fire.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
following: city-owned sewer line that collapsed on March 31, and the city’s response for repair;
update on the Governor’s drought order, the city’s implementation, and how this executive order
has now been incorporated into code; the new standards that the Governor wants to incorporate
with regards to water usage restrictions;
Director of Gas and Electric Carlos Fandino reported on recent outages; he will be attending a
hearing on RPS in Sacramento; the city has a new solar customer.
Finance Director William Fox provided a PowerPoint presentation on the budget planning
schedule and process. The budget work study sessions will be presented at the May 5 and 19
Council meetings (as part of the regular City Council meetings). Mr. Fox also provided an
update on the City’s bond financing.
Regular City Council Meeting Minutes
April 7, 2015
Page 8 of 9
Director of Health and Environmental Control Leonard Grossberg provided a brief update on the
Exide closure. Mr. Grossberg also reported that the Thermador site did close on escrow.
Director of Human Resources Teresa McAllister announced the following: April 28 citywide
“Performance Evaluation Training” session offered to employees; June 10 Employee
Appreciation BBQ; and the recent quarterly secretaries’ meeting. The HR department continues
to work on department recruitment needs and continue work on updating HR policies.
Economic Development Manager and Successor Agency Staff Alex Kung announced that the
next Oversight Board meeting is scheduled for May 7, at which time he will be recommending
moving towards quarterly meetings. Mr. Kung also reported that the City did receive approval
for ROPS (less $200,000) for which payments will go toward the City bond payments.
City Clerk Maria Ayala reported on the upcoming general election, ballots received to date,
scheduled canvassing of the votes, and the staff report to be presented at the April 21 Council
Meeting regarding results. Ms. Ayala also announced that Vernon would be hosting a brief
session for local City Clerks in the upcoming weeks.
Senior Advisor to the City Administrator Fred MacFarlane provided an update on the Vernon
CommUNITY Fund Grant (ceremonial) check presentations.
City Administrator Mark Whitworth announced the following: Ernest Smith as the new IT
Manager, Mr. Smith was an internal candidate successfully promoting into this position; Vernon
Chamber of Commerce Installation Luncheon on April 29; and the upcoming City Managers’
Meeting in South Gate regarding the closure of Exide.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor McCormick thanked Councilmember Maisano for his years of service to the City.
Councilmember Ybarra announced that she recommends staff look into additional housing for
the City as direction to Director Kevin Wilson.
Mayor McCormick announced at 10:38 a.m. that the meeting would take a brief recess. The
meeting reconvened at 10:44 a.m.
CLOSED SESSION
At 10:44 a.m. the City Council entered into closed session to discuss the following agendized
items.
21. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Ray Shelton v. City of Vernon
Workers Compensation Appeals Board Claim No. 97500402
22. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (2)
Government Code § 54957(b)(1)
Titles: City Attorney and Deputy City Attorney
At 11:53 a.m. the City Council exited closed session Deputy City Attorney Brian Byun
announced that there was no reportable action.
/ / /
/ / /
Regular City Council Meeting Minutes
April 7, 2015
Page 9 of 9
With no further business, at 11:53 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
REGENVED
APR 1 5 20i5
CW CLERKSOIFICE
REGEIVED
APR I 5 2015
CITY ADMINIS I
DATE:
TO:
FROM:
RE:City Payroll Warrant Register for City Council Agenda of
April 21,2015
It is recommended that the attached Payroll Warrant Register No. 706 be approved at the City Council meeting of April 21,
2015
Payroll Warrant Register No. 706 totals $2,616,135.62, and mvers claims and demands presented for March 1,20'15lo
March 31, 2015, drawn from East West Bank, PayrollAccount.
The following list details the components of PayrollWarrant Register No. 706:
1. Ratification of direct deposits, checks and taxes totaling $1,863,797.66; and
2. Checks and electronic tund transfers (EFD paid through General bank account totaling $752,341.96.
STAFF REPORT
FINANC E/TREASU RY DEPARTM ENT
April 14,2015
Honorable Mayor and Gity Counci!
William Fox, Finance Direc rordT
Raquel Franco | 4/1412015 9:53 AM
PAYROLL WARRANT REGISTER
City of Vernon
No.706 Month of March 2015
I hereby Certify: that claims or demands covered by the
above listed warrants have been audited as to accuracy
and availability of funds for payments thereof; and that
said claims or demands are accurate and that funds are
available for payments thereof.
Witliam Fox
Director of Finance
Date:
This is to certify that the claims or demands
covered by the above listed warrants have been
audited by the City Council of the City of Vernon
and that all of said warrants are approved for pay-
ments
DATE
DATE
Page 1 of 1 Payroll Warrant Register Memo xls: Warrant
Pavrolls reported for the month of March:
02108115 - 02121115, Paydate 03/05/15
02122fi5 - 03107115, Paydate 03/19/15
Payment Description Amount
Payment
Method
Checks
ACH
ACH
Checks
ACH
ACH
ACH
ACH
ACH
346817
346804
346806
346825
346826
ACH
ACH
ACH
346999
346996
347001
347003
347004
03/05/15
03/05/15
03/05/15
03t19115
03/1 9/1 5
03/1 9/1 5
Net payroll, checks
Net payroll, direct deposits
Payrolltaxes
Net payroll, checks
Net payroll, direct deposits
Payrolltaxes
$ 24,443.30
704,563.95
194,882.06
25,748.27
714,592.58
199,567.50
1,863,797.66Total net payroll and payroll taxes
Payrott related disbursements, paid through
General bank account
Total net payroll, taxes, and related disbursements
ICMA
CaIPERS
California State Disbursement Unit
Sandra Bingman
Franchise Tax Board
IBEW Dues
Vernon Firemen's Association
Vernon Police Officers' Benefit Association
ICMA
CaIPERS
California State Disbursement Unit
Sandra Bingman
Franchise Tax Board
Teamsters Local 911
Vernon Firemen's Association
Vernon Police Officers' Benefit Association
03/05/15
03/05/15
03/05/15
03/05/1 5
03/05/15
03/05/'15
03/05/15
03/05/15
03/1 9/1 5
03119t15
03/1 9/1 5
03t19115
03t19115
03/1 9/1 5
03119115
03t19115
25,570.33
327,411.31
3,949.34
2,000.00
1,020.32
2,668.63
3,215.00
1,887.60
28,364.57
342,223.97
3,657.97
2,000.00
1,020.32
2,250.00
3,2'15.00
1,887.60
752,341.96
$ 2,616,139.62
Page 1 ol 1
RECEIVED
APR 15 2015
CITY ADMINISTRATION
TO:
FROM:
RE:
STAFF REPORT
FINANCE/TREASU RY DEPARTM ENT
April 14,2015
Honorable Mayor and City Council
Wiltiam Fox, Finance Direc torflT
City Warrant Register for City Council Agenda of April 21, 2015
It is recommended that the attached City Warrant Register No. 1422 be approved at the City Council meeting of
4pri121,2015.
City Warrant Register No. 1422 totals $940,930.98, and covers claims and demands presented during the period
of April 2 through April 13,2015, drawn, or to be drawn, from East West Bank.
The following list details the components of City Warrant Register No. 1422:
1. Ratification of wire transfers totaling $589,824.43;
2. Ratification of the issuance of early checks totaling $196,679.41; and
3. Authorization to issue pending checks totaling $154,427.14.
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
Ptinled. 41 1 412015 2.01 :58PM Page 2 oI 24
CITY OF VERNON
WARRANT REGISTER NO. 1 422
APRIL 21,2015
WIRES
VENOOR OISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE wlREINVOICE P.O.# ISSUED NUMBER AMOUNT
ICMA RETIREMENT TRUST 457 011.2'lO22O 30,553.80 Deferred Compensation: Payment 8en180389
CALPERS O11.21O24O 326,835.34 PERS Conkibutions: Payment 8en180391
o11 210240 235.29 PERS Survivor's Benefit: Payment Ben'180391
011.210240 1,608.48 PERS Buy-back: Payment Ben180391
01'l.'1004.502020 -0.20 PERS Contributions: Adiuslment Ben180391
04to2t2015
1'158
30.553.80
1'159
1159
1159
'1159
0/.to6l2015 328,678.91
CIry OF VERNON, FSAACCOUNT 011.100013
011.100013
497.68 FSA - Dependent; Payment
311.93 FSA - Medical: Payment
Ben180395
Ben180395
Ben180397
01311 5
VERFEBl5
VERFEB,I5
3120223
'1160
1160
809.61
1161
3,7',t4.27
1162
1163
't 163
75,648.90
1164
8,553.14
$ 589,824.43
STATE DISBURSEMENT UNIT 011.210260 3,714.27 Chnd Support: Payment
WATERREPLENISHMENT 020.1084.500'110'14'l,S65.S0GroundwaterProduction
DISTRICT
CENTRAL BASIN [/lWD 020.1084.500130 63,402.26 CapacityCharge
020.1085.500130 12,2466/. CapacilyCharge
011.1023.593200 8,553.'14 PechineyPropertyDLA PIPER LLP (US)
04to2t2015
04to6l2015
0,4.t10t2015
04.t1012015
TOTAL WRES
o4110t2015 141,865.80
Prinled 4/1412015 2 01 58PM Page 3 of 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
OATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
DEHART CONSTRUCTION 01'1.1041.466200 42.12 Refund Permit Fees
SERVICES
011.1041.410210 64.80 Refund Permit Fees
AFLAC
FEDEX
FRANCHISE TAx BOARD O'11.2'10260
O11 210223 12,937.29 Supplemental lns-01/15
011.1003.520000 411.34 Service Period: 03/15
569127(B)
032515
032515
296735'135(B)
8en180385
Ben180385
033015
Ben'180379
25164
0410212015
3/.7148
12,937.29
3/.7149
3/.7149
106.92
3/.7150
4't1.34
u715'l
3/.7151
.1.020.32
347152
1,250.00
347153
2,668.63
347154
5,000.00
347155
3/.7155
460 00
3/'7156
o4to2t2015
04to212015
'180.00 Garnishment: Paymenl
011.210260 840.32 Garnishment: Paymenl
01'1.'1024.502030 1,250.00 HSAEmployerContribution
0'11.210250 2,668.63 IBEW Oues: Payment
o4lo2l2015
o4to2Do15
Mto2l2015
o41o2t2015
JOEA. GONSALVES & SON 011.1002.596200 5,000.00 Contract Services
NORTH PARK HOA
HSA BANK
IBEW LOCAL 47
SANDRA D, BINGMAN
Pflnted 4/14/2015 2 01:58PM
011 '1048.560000 230.00 Association Dues; 29'15 60Th PL 03'1815
011 1048.560000 230.00 Association Dues: 6010 Oak St. 031815(8)
011.210260 2,000.00 GARNISHMENTS: Paymenl Ben 180381
04102t2015
Page 4 ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21, 2015
EARLY CHECKS
VENOOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT
SERGIO CANALES 011.1048 530015 321 7'l Reimb. Property Tax 040115
SOUTHERN CALIFORNIA EDISON 011 1043.560000 83.47 Service Period: 02113-03/17 03'1815
THE GAS COMPANY 011.1033.560000 439.80 Service Period: 03/15
011.1043.560000 199.14 Service Period: 03/15
011.1048.560000 29.29 Service Period: 03/15
0'11.1049.560000 1,808.62 ServicePeriod:03/15
020.1084.560000 199.14 Service Period: 03/15
03161sVRS
03161sVRS
03161sVRS
0316'15VRS
0316'tsVRS
unzno15
un2no15
04to2t2015
2,000.00
3/7157
321 .71
347158
83.47
347159
347159
347159
347159
347159
2,675.99
3/-7160
64.98
3/.7161
3,215.00
3/.7162
1,887.60
347163
63.18
Page 5 ol 24
JERRICK TORRES
VERNON FIREMEN'S
ASSOCIATION
o41o2t2015
uto2no15
ulo2l2015
o41o2t2015
o4to7 no15
011.1060.596500 64 98 UC Regents Urban Conference 032515
O11.21O25O 3,215.00 Fire House Fund: Paymenl 8en180383
ASSOCIATION VERNON POLICE 011.210250 1.887.60 Police Association Member Dues: Ben'l80377OFFI Payment
ALAMITOS DERMAT. MD 011.1026 502031 63.18 Medical Expense: B. Malkenhorst 021815
cLtNtc,tNc
Pnnted 4/1412015 2:01 58PM
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,201s
EARLY CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT
ALLSTAR FIRE EQUIPMENT lNC. 011 1033.540000 256 15 Haix Structure Boots-
ANA RUEDA 011.1026.520000 l9.6lOfficeSupplies
BRUCE V.MALKENHORST, SR. 0'11 1026.50203'1 8.33 RX Reimbursemenr
011.1026.502031 l00.00RXReimbursement
011.1026.502031 138.68 MedicalReimbursement
CPR SAVERS 01'l 1061 520000 87.66 FirstAid Kits:-
011 1061 520000 14.50 Freight
011 1061.520000 6.57 Sales 7 5
179804 011.0009926
0406'15
040115
040115(B)
040115(C)
3/.7164
256.15
347165
19.61
347166
3471ffi
347166
247.01
347167
347167
347',t67
108.73
347168
35_00
347169
304.40
3r'.7170
98.69
347171
347171
0/107t2015
Mto7 t2015
o4t0712015
9506'1
95061
9506'1
011.0010497
011.0010497
HOAG URGENT CARE
HUNTINGTON
011.1026 502031 35.00 Medical Expense: V. Malkenhorst 030315
011.1033.540000 4,267 51 G-Xtreme Turnout Gear-
o4lo7tzo',t5
o41o7t2015
o4to712015
o4to712015
HOME DEPOT CREDIT SERVICES 01'1.'1033 520000 304.40 Small tools & plumbing hardware- 02021SVRS 011.0009919
L B JOHNSON HARDWARE CO. #1 011 1033.520000 98.69 Hardware supplies-02271sVRS 011 0009932
02231sVRS 011.0010029LN CURTIS&SONS
Printed 4/1412015 2 01 58PM
011 1033.540000 1,56400 SCBA [ilaintenance Services - 6161482/6161493 0'11 0009964
Page 6 ol 24
CITY OF VERNON
WARRANT REGISTER NO, 1422
APRTL 21,2015
EARLY CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT OESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
LIFE-ASSIST, INC
I\4ICHAEL DOCHERTY
NAPA AUTO PARTS
ROBERT M. STERN
03021sVRS 011.00'10024
033115
011 1033.520000 2,846 03 EMS Supplies-022515VRS 011 0010282
5,831.51
u7172
2.846.O3
347173
508.90
347174
,t,744.57
347175
2,422.O0
3/.7176
15.46
347177
347177
533.32
3/.7178
31.5'r
347179
347179
141 .7 4
Mto712015
o4to712015
Mto712015
o41o712015
o4t07t2015
o41o7t2015
011.1031 596500 508 90 Sergents Supervisory Course 021115
011 1046.520000 1,744 57 Auto Parts-
011.1002.596200 2A22.Oo PrclessionalServices
WESLEY M. KOBAYASHI, Dpm, 011.1026.502031 15.46 Medical Expense: V. Malkenhorst 030415
tNc.
ADLERHORST INTERNATIONAL, 011.1031 596700 266.66 K-9 TRAINING-
tNc
011.1031.596700 266.66K-9TRAINING-
30092
30394
011 0009925
0'l'l.0009925
MARIAAYALA 011 1003.596550 31.51 FPPC Training/SCCCA Meeling 032315
CALIFORNIA WATER SERVICE CO 01'1.1043.560000 43.91 Service Petiod:02124 - 03123 03241sVRS
011 '1033 560000 97.83 Service Petiod. 02124 - 03123 032415VRS
04togt2015
041o912015
Pnnted 4/1412015 2 01 58PM
o4to9l2015
Page 7 ol 24
CITY OF VERNON
WARRANT REGISTER NO. ,1422
APRTL 21,2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.# ISSUEO NUMBER AMOUNT
ERIK CHENG 011 1060.596500 65.55 Urban Pest Mgmt Conference 033015
CHEVRON AND TEXACO 011.1031.570000 508.16 Service Period: 03/15
BUSINESS
COMMUNITY PARTNERS ON O11.1021.797OOO 10,000.00 Community Fund Grant
BEHALF
43850447
040615
03181sVRS 011.0010534
03181sVRS 011.0010534
03181sVRS 011.0010534
0318'I5VRS 0'l'l 0010534
031815VRS 011.0010534
o4to9t2015
o4to9t2015
uto9t2015
04t09t2015
0/.t09t2015
0410912015
0410912015
u7't80
65.55
347141
508 16
347182
10,000.00
347183
373.20
347184
10,000.00
347185
347185
155.15
347186
55.00
347187
347',t87
347187
3/.7187
3/'7187
DIVISION OF THE STATE O11 ,2OO235 373.20 FEE REPORT FOR SB1186 - 1st QTR 0408'15
JEMMOTT ROLLINS GROUP, INC 011 1021.596200 10,00000 Professional Services MAR15
L.B. JOHNSON HARDWARE CO. #1 011.1046.520000 131.56 Plumbing and building hardware- 03121sVRS 011.0009958
011.1049.520000 23.59 Plumbing and building hardware- 03121sVRS 011.0009958
LIEBERT CASSIDY WHITMORE 011.1026.596700 55.00 Registration Expense; T. McAllister 040215
MERRIMAC ENERGY GROUP 011.120030 5,907.05 Unleaded Fuel.
011.120030
011.120030
10.40 CA Enviro/Fed Oil SpillTax
8.22 AB32 Fee Phase 3&4
011.'120030 1,063.80 State Gasoline Excise Tax
Pflnted 4/1412015 2:01 58PM
011 120030 2 96 Lust Fee
Page I ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
OATE CHECK
INVOICE P,O.# ISSUEO NUMBER AMOUNT
MERRIMAC ENERGY GROUP 011.120030 4,310.42 Dieset Fuet
2.29 Lust Fee
727.06
03181sVRS 011.0010534
03181sVRS 011.0010534
0318'lsvRS 011.0010534
03181sVRS 011.0010534
03181sVRS 011.0010534
031815VRS
u7't87
347187
347187
3/.7187
347187
3/.7187
12,295.31
347188
27 .77
3/.7189
10,000.00
347190
12,100.00
347191
2'1.85
347192
50,000.00
347',t93
35.73
347194
7.4O AB32 Fee Phase 3&4
4.36 Federal Oil SpillTax
011.'120030 25'l.35 State Diesel Excise Tax
011 120030
011 120030
0'11.120030
011.120030
LYNDON ONG YIU 011.1060 596500 27.77 UST TechnicalAdvrsory Meeting O4O215
PACKERS INVESTORS, LLC 011.230230 10,000.00 Refund Encroachment Deposit O4O7js
PIC ENVIRONMENTAL SERVICE 011 1023.900000 12,100.00 OU2 tndustriat parcets
CORP
15233
RICHARD VELASQUEZ 011 1031.596500 2'1.85 Firearms/Tactical Rifle Advance 031215
040615
040115(B)
032715
04t09t20't5
o4to912015
Mto9t2015
Mto9l2015
04to9t2015
Mto9t2015
04to9t2015
SOUTHEAST CHURCHES SERVICE 01'l '1021.797000 50,OOO.OO Community Fund Grant
SOUTHERN CALIFORNIA EDISON 011.1043.560000 35.73 Service Period: O3/15
THE GAS COIVPANY
Pnnted:4/1412015 2 01 58PM
011 '1049.560000 478 28 Service Period: 02111 - 03/'13
Page 9 ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21, 2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
THE TIDES CENTER ON BEHALF 011j021.797OO0 40,000.00 Community Fund Grant
OF
UNDERGROUND SERVICE ALERT 020.'1084.596200 106.50 New llcket Charges
UPS 011.1033.520000 42.87 Service Period: 03/15
011.1041.520000 207.04 Service Period: 03/15
011 1043.520000 58.97 Service Period: 03/15
011.1033.520000 1'1.28 Service Period: 03/15
011.1041 520000 37.21 Service Period: 03/'15
01'1.'1043.520000 2T.SSServicePeriod:03/15
WELLS FARGO BANK, N.A. 011.1002 592010 760.00 Bank Fees
0406'15
220150768(B)
933312115
933312115
933312115
933312125(B)
933312125(B)
933312125(B)
9632363
o4109t2015
04t09t2015
o4to9t2015 40,000.00
478.28
347195
347196
106.50
347197
347',t97
3/'7197
347197
347197
347197
385.85
347198
760.00
o41o9t2015
o4t0912015
TOTAL EARLY CHECKS $ '196,679.41
Pt;nted. 4h412O15 2:01 .5APM Page 10 ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1 422
APRTL 21,2015
PRINTED CHECKS
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
35125
35125
35125
35125
30765
1485141N
1487771N
148777|N
165690
38472
030515VRS
11024411
11024411
011.0010454
011 .0010454
011.0010454
011 0010454
011.0009925
011.0009955
0'11 .0010526
011.0010526
CHECK
NUMBER AMOUNT
347'199
347199
347199
347199
36,595.00
3/'7200
266.66
3/.7201
347201
347201
7.303.65
3/7202
3,306.15
347203
500.10
u72M
624.14
347205
3/.7205
79.87
VENDOR DISPLAY
1O1 PIPE AND CASING, INC
ADLERHORST INTERNATIONAL,
rNc
ADVANCED ELECTRONICS, INC.
ALLAN4ERICAN ASPHALT
ALL CITY MANAGEMENT
SERVICES,
BATTERY SYSTEMS
BROWNELLS, INC.
020.1084.900000
020.1084.900000
020.1084.900000
020 1084.900000
01't .1031 .596700
011.1036.520000
0'11.1036.590000
011.1036.596200
011.'t043.900000
011 .1031 .594200
0'l 'l . 'l 046 .520000
011.1031 .520000
011.1031 .520000
18,3'12.00 Supply 400'of 3.5" x 2.1875 Oil Lube
955.50 Supply Twenty-One (2'l) 2.1875" Steel
17 ,24O.OO Supply 400' of 12" .406W Schedule 40
87.50 Supply Ten (10) 3.5" x 12" Black Widow
266.66 K-9 TRA|NtNG-
5,472.75
499.34
1 ,331.56
3,306 15
500.10
624 18
71 .92
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Slurry Placement
School Crossing Guard
Vehicle batteries-
1" Blued Lock-Down Sling Swivel, Only
Freight
Printed 4/14/2015 2 01 58PM Page 11 ol24
CITY OF VERNON
WARMNT REGISTER NO. 1422
APRIL 21,201s
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
CALIFORNIA FRAME & AxLE
CALOLYMPIC SAFETY
CALIF DEPT OF PUBLIC HEALTH 011,1060 596550 Recerlilication Fees-
Front end repair-
0621-702 Respirator Half Mask, size:
0621-7'14 Cartridge Organic Vapor P100
0621-764 Cartridge with filter, Pl00
Hood Fit Test Moldex, 'l per pack, item
Glide Earplug Foam Twist Uncoirder,
Alcohol Free Respirator Wipes, 100 per
Freight
Freighl
Sales Tax
Sales Tax
0'11.1046.520000
011.120010
011.120010
011.120010
011.1043 520000
01'l .1043.520000
011 .'1043.520000
011 120010
011.1043.520000
01'l .120010
01 1 . '1 043 .520000
011 .1033.520000
0'11 1033.520000
01'1.'t 046.520000
011.1004.595200
360.00
'l ,090.'18
106.20
215.76
558.30
140.00
107.20
10.00
't3.72
36.05
79.23
23.15
032415
0304't5vRS
3384031/338403
338403'l/338403
3384031/338403
3384031/338403
338403'r/338403
338403'l/338403
3384031/338403
3384031/338403
3384031/338403
3384031/338403
81423
86529
50511150842
ao577
011.0009956
01'l.0010516
011 .0010516
01'1 .0010516
011 .0010516
011.0010516
011.0010516
011 0010516
01'1.00105'16
3/7206
360 00
347207
1,090 18
347208
347208
347208
347208
3/'7208
347208
347208
347204
3/.7204
3/.7208
1,289.61
347209
347209
39.00
347210
163.66
347211
CALOX tNC 8.50 Cylinder Oxygen
30.50 Oxygen Gas
163.66 Auto parts for cars and trucks.-
1,300 00 Cost Allocation Plan
CAMINO REAL CHEVROLET
CAPITAL ACCOUNTING PARTNERS
Pti^led: 4 I 1 41201 5 2-.O1 :58PM
0'11.0009914
Page 12 ol 24
CITY OF VERNON
WARMNT REGISTER NO. 1422
APRTL 21, 2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION |NVO|CE P.O.#
CHECK
NUMBER AMOUNT
CASE ANYWHERE LLC
CENTRAL FORD
011.1024.596200 130.00 System Access Fee 45832
011.1046.590000 85.00 Labor only to diagnose Central Ford C81190 011 0010506
011.'1046 520000 119.95 BXT-65-650 molorcraft battery C81944 011.00'10515
011.1046.520000 19.36 FBAZ-13550-M license plate light assy C81944 0'l't.0010515
01'1.1M6.520000 13.93 Sales Tax 10.00 c81944
011.1046.520000 35.37 ALSZ-19E616-F airflowblenddoor C82O28 0'l'l.0010543
011.1046520000 26.23 5M6Z-'19N619-M pollen filter C82O28 01'1.0010543
011.'1046.590000 358.41 Labor to diagnose and repair
011.1046.520000 6.16 Sales Tax 10.00
O11jO24.5932OO 310.00 Property Tax Admin. Fee
020.1084.520000 170.00 Gas Detector Calibration Service, 49063 0't1.0010557
1,300.00
u7212
130.00
u7z',t3
347213
u7213
u7213
3/'7213
3/'7213
u7213
347213
66/..41
3r'.7214
310.00
u7z',t5
170.00
347216
1,569.06
u72',t7
c82028 011.0010543
c82028
033015CITY OF CLAREMONT
COASTLINE SUPPLIES
COMPRESSEDAIRSPECIALTIES 011.'1033.590000'1,569.06 AnnualService
rNc
CT CORPORATION
284.00
Page 13 ol24Pnnted:4/1412015 2 01 58PM
011.1003.596200 2E4.00VernonHistoricPreservationSociety 5002'151857
CITY OF VERNON
WARRANT REGISTER NO. 1 422
APRIL 21,2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER
DAVID KIMES
DEWEY PEST CONTROL
DR DAVID N- STEIN
DTSC
EMPIRE SAFETY & SUPPLY
DAPPER TIRE COMPANY 011.1046.520000
011.1046.590000
011.1046.520000
011.1026.596800
011 .'1033.520000
0'11 .1033.520000
011.1033.520000
011.1033.520000
020.1084.502030
011.123100
011.120010
011.120010
011 120010
011.120010
011.1200'10
011 .'120010
372.30 Goodyear eagle rs-a tires
5.25 State tire tee
33.51 Sales Tax
268.94 Tuition Reimbursement
27.00 Pest Control Service
25.00 Pest Control Service
25.00 Pest Control Service
25.00 Pest Control Service
75 00 Msion Benefits: Child
CHECK
NUMBER AMOUNT
347218
347218
347218
411.06
347219
268.94
347220
347220
347220
347220
102.00
3/.7221
75.00
347222
4,6M.76
347223
347223
3/-7223
347223
3r'.7223
347223
AMOUNT DESCRIPTION INVOICE P.O.#
4,604.76
42.76
106.90
106 90
106.90
42.76
42.76
41708730
41708730
41708730
032115
9207542
9207543
9207 4
9209620
032415
14SM3450
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
011 0010545
011 0010545
01 'l .00 1 0441
011.00't0441
011.0010.141
011.001044',|
011 0010441
011.0010441
Former Thermador lndustrlal Site
0670-090 Safety Vests, color; Orange,
0670-100 Safety Vesis, mlor: Orange,
0670-110 Safety Vests, color: Orange,
0670-120 Safety Vests, color: Orange,
0670-130 Sa1ety Vests, color: Orange,
0670-140 Safety Vests, color: Orange,
Pinled 411412015 2o1 58PM Page 14 of 24
CITY OF VERNON
WARMNT REGISTER NO. 1422
APRTL 21, 2015
PRINTED CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER
011.120010
011.120010
011 120010
0'11.'120010
011 120010
011.1200'10
011 120010
0't1.1200't0
011 .1200'10
011.120010
011 .1200'1 0
011 120010
0'11.1200't0
01'1.1033.570000
011.1033.570000
011 1033.570000
011.1033.570000
011.1033.570000
011.1033.570000
011 1033.570000
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
69634/69987
3318479/3316030
3318479/3316030
3318479/3316030
3318479/3316030
3318479/3316030
9280
9281
9283
9284
9285
9286
9287
0'r'r.0010441
011 .001 0441
011.0010,141
011.0010441
011 .0010441
011 .0010441
011.0010441
CHECK
NUMBER AMOUNT
3/.7223
u7223
347223
347223
u7223
347223
347223
u7223
854.60
u7224
347224
347224
347224
u7224
3,319.76
3/.7225
347225
347225
3/.7225
347225
347225
347225
AMOUNT DESCRIPTION INVOICE P.O.#
EMPIRE SAFETY & SUPPLY
F GAVINA & SONS INC,
FIRE APPARATUS SOLUTIONS
42.76
42.76
20.00
17.00
61.40
122.76
30.92
68.02
460 80
2,788.80
33.00
5.80
7U.65
1,672.51
291.97
913.92
747.O2
't,088.72
816 59
011.0010501
011.0010501
01'l 0010501
011.00'10501
0671-090 Safety Vests, color:
0671-130 Safety Vests, color:
0620-400 Fingertip Bandages, item
#PAC
0620-410 Knuckle Bandages Strips, 8
0620-420 Adhesive Bandage Strips, 1" X
0620-990 Sunx SPF 30+ Sunscreen,50
Freight
Sales Tax
0500-100 Regular Coffee, 42 - 'l.5 oz.
0500-105 Gavina Gourmet Drip Coffee,
0500-145 Cofiee Filters, 12 cup
0500-160 Coffee Decanlers ror regular
Sales Tax
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Pnnted 4/1412015 2 01:58PM Page 15 of 24
CITY OF VERNON
WARMNT REGISTER NO, 1 422
APRTL 21, 2015
PRINTED CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION tNvotcE P.O.#
CHECK
NUMBER AMOUNT
GARVEY EQUIPMENT COMPANY
GE MOBILE WATER INC.
FIRE APPARATUS SOLUTIONS
H&HWHOLESALEPARTS
01't.'1033.570000
011.'1033.570000
011 1033.570000
011.1046.520000
01'1 1033.520000
011 1033.520000
011 1033.520000
011.1033.520000
011 1033.520000
011 1033.520000
011 1033.520000
011 .1033.520000
011 1033.520000
011.1046.520000
011.1046.520000
011.1049 520000
011.1049.520000
9288
9290
9292
80959/81125/8153
1283061
97347358
97589855
97606065
97606067
97631770
97631771
97647713
97649427
1rN0018220
1rN0018220
106221
106221
u7225
347225
u7225
13,101 99
347226
180.11
347227
347227
347227
347227
u7227
u7227
347227
347227
u7227
1,017.13
347228
u7228
6,397.11 Repairs & Maintenance
265.16 Repairs & Maintenance
174.34 Repairs & Maintenance
'180 11 Lawn equipment parts & service -
34.88
249.61
90.'16
11 3.36
113 36
90 16
98.88
'l'13 36
113.36
'195 40
17.59
Water Purification System
Water Purification System
Water Purification System
Water Purification System
Water Purification System
Water Purification System
Water Purirication System
Water Purification System
Water Purification System
delco front brake pads
Sales Tax
011.0009915
011 0010546
LLC HARRINGTON INDUSTRIAL
PLAS
Prinled: 4/14/2015 2 01:58PM
115.20 All-Flo Muffler for 1" Pump, item
15.87 Freight
011 0010504
011 0010504
347229
347229
212.99
Page 16 ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21, 2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT OESCRIPTION tNvotcE P.o.#
CHECK
NUMBER AMOUNT
LLC HARRINGTON INDUSTRIAL 011.1049.520000 11.8'l Sales Tax 106221 347229
PLAS
142.88
STEVEN HARTSFIELD 0'11.1049.502030 157.98 Vision Benefits: Spouse 032615 U723O
157.98
HUNTINGTON PARK RUBBER 011.1047.520000 41.90 Repair self-inking date stamp as 2656021N 01'1.0010552 347231
STAMP
O111O47.52OOOO 35.'15 Same as Above.- 2656021N 011.0010552 347231
011.1047.520000 6.94 Sales Tax 2656021N 347231
011.'1003.520000 13.20 2"x10" BLACK WITH WHITE FONT 2657941N 011.0010555 u723'l
NAME PLATE
011 '1003.520000 12.20 2"x10" BIACK WITH WHITE FONT 2657941N 01'1.0010555 347231
NAME PLATE
011.1003.520000 2.29 Sales Tax 2657941N U7231
01'1.1049.520000 13.20 Sign 160204- 2657951N 01'l.0010554 U7231
011.1049.520000 8.25 0104810- 2657951N 01',1.0010554 3r'.7231
011.1049.520000 1.93 Sales Tax 2657951N U7231
135.06
JCL BARRICADE COMPANY 011.120010 930.80 Red Curb Paint Bright Ennis,5gallons 78315 01'1.0010558 U7232
011.120010 40.00 Freight 783'15 01'1.0010558 U7232
011.120010 87.37 Sales Tax 78315 U7232
1 ,058.'17
JERRY'S AUTO BODY INC 0'11.1046.520000 110.25 Parts to repair front end collision 28793 011.0010514 U7233
011.'1046.520000 333.30 Paint & material 28793 011.0010514 347233
Pflnted 4/14/2015 2:01 58PI\,Page 17 ol 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
PRINTED CHECKS
VENDOR OISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION tNvotcE P.o.#
CHECK
NUMBER AMOUNT
JERRY'S AUTO BODY INC 011.1046 590000 1,628.40 Labor to repair front end collision 28793
011.1046 520000 39.92 Sales Tax 28793
JONATHAN SUDDUTH 011 '1026.596800 303 93 Tuition Reimbursement
0'1'1 0010514 347233
347233
2,'tl1.A7
34723/-
303.93
3/.7235
100.00
3/'7236
347236
558.63
031515
5231JUDICIAL DATA SYSTEMS CORP. 011.103'1.594200 '100.00 Parking Activity
KAFCO SALES CO.011.120010
011.'t20010
512.50 E(ended Cuff Hero Gloves, size: 392306 011.0010518
46.13 Sales Tax 392306
KJ SERVICES 011.1060.595200 150.00 Bottle & Can Recycling Program 8317 347237
011.1060.595200 4,699.20 Used OilTrucking Grant Program 8318 U7237
4,849.20
LOPEZ& LOPEZTIRE SERVICE 011.'1046.520000 5'16.49 Tires and repairs- 030415VRS 011.0009959 347238
516.49
LOS ANGELES COUNTYASSES. 01'1.1041.595200 205.81 Maps& Postage 15ASRE256 347239
oFc.
205.8',|
MARTTN & CHAPMAN COMPANY 011.1003.596300 454.04 Candidate Sratemenis 2015067 347240
011.1003.596300 451.86 Candidate Statements 2015068 347240
905.90
Printed 4t14t2915 2O1 5APM Page 18 of 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION tNvotcE P.o.#
CHECK
NUMBER AMOUNT
MASAMI HIGA 011.1026.596800 2,200.00 TuitionReimbursement 032515
MCMASTER-CARR SUPPLY 011 1046.520000 21.60 984164013 retainer pins with wire lock 25773453 011.0010513
COMPANY
011.'1046.520000 47.9O 984'12A215hitchpins
011.1046.590000 5.80 Freight
011.1046.520000 6.25 Sales Tax
NETTRANSCRIPTS,INC. 0'l'1.1031.596200 ll0.25TranscriptsServices
PACIFIC COMMERCIALTRUCK 011 1046 590000 650 00 Labor to install 2" receivers and 2OO17 011 .001 0541
2577U53 0'11.00'10513
25773/.53 011.0010513
25773/.53
31315138
PC810697710 01r.0010544
PC810697710 011.0010544
PC810697710
200499
0'1 1 .001 051 9
01'1.0010536
347241
2,200.oo
347242
u7242
3/7242
u7242
8'1.55
347243
110.25
347244
650.00
u7245
347245
347245
131.93
347246
2,157 00
u7247
u7247
347247
BODY
QUINN CO.011.1046 520000 111.67 168-4609 ignition switch
011.1046.590000 10.20 Freight
011.1046.520000 10.06 Sales Tax
RICHARDS, WATSON & GERSHON 011.1024.593200 2,157.00 LAMS4 Permit Petition
SILVA'S PRINTING NETWORK 011 1031.520000 241.80 Generic Business Cards - Police Dept- 25741
011.1031.520000 21.76 Sales Tax 257 41
Pnnted 4/1412015 2101:58PM
011.1003.520000 64.00 Business Cards, 1/box of 'l,000toread; 25742
Page 19 ol 24
CITY OF VERNON
WARRANT REGISTER NO, 1422
APRTL 21,2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION |NVO|CE P.O.#
CHECK
NUMBER AMOUNT
SILVA'S PRINTING NETWORK 011.1003.520000 5.76 Sales Tax 25742
SPECIALry TECHNICAL 011.'1060.596600 660.00 Hazardous Materials Enforcement- Rl1'143392
PUBLISHERS
011 1060.596600 535.00 Hazardous Materials Program- R11143407
SUPER FORD 011.1046.520000 598.05 Auto parls for cars & trucks.-
347247
347248
347248
333.32
SUPERIOR CT OF CAL OF LA 011.1031.594200 209.50 Parking Citations
THE LIGHTHOUSE INC
THOIVISON REUTERS
TODD PAINTON
03031sVRS 01'1.0009916
031615
831077696
0228',t5
032815
'l ,195.00
347249
598 05
347250
209.50
347251
307 .44
3/.7252
1,630.64
347253
347253
507.00
u72U
40,903.00
347255
011.1046.520000 307 44 Auto parts & electrical supplies- 03031sVRS 011.0009917
011.1060.596600 1,630.64 SubscriptionCharges
011.1026.596800 257.00 TuitionReimbursement
01'1.1026.596800 250.00TuitionReimbursement
TRANSCORE ITS, LLC
TYLER SHOOK
011.3043.900000 40,903.00 Traffic Conirol System Projecl 1500745
Prinred 4/1412015 2 01 58PM
011.1033 502030 200.00 Vision Benefits: Spouse 032415
Page 20 ol 24
CITY OF VERNON
WARMNT REGISTER NO. 1422
APRTL 21,2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION rNvorcE P.O.#
CHECK
NUMBER AMOUNT
U.S, HEALTHWORKS MEDICAL
GROUP
URBAN RESTOMTION GROUP
U,S.
011.1026.s97000
011.120010
01'l .120010
0'11.120010
020.1084.s20000
020.1084 520000
020.1084.520000
020.1084 520000
020.1084.520000
020.1084.520000
020.1084.520000
020.1084 520000
020.1084 520000
020.1084 520000
020.'1084.520000
020.'1084.520000
020.1084.520000
2672761C4
13111
13111
13111
5947501487 5t4876
5947501487514876
59475014875t4876
5947501487514876
594750t487514876
594750t487 5t4876
594750t4875t4876
594750t4875t4476
600572i594805
600572/594805
600572i594805
600572/594805
600572/594805
347257
347257
347257
702.46
3/.7258
3/.7258
3/.7258
3/'7258
3/'7258
3/.7258
3/.7258
3/.7258
3/.7258
3/.7258
347258
3/.7258
3/.7258
1,465.73
240.00 Pre-Employment Physical
594.00 1 gallon Bare Brick Stone & Masonry,
55.00 Freight
53.46 Sales Tax
468.00 Captor - '15 gallon, Calcium
37.56 10" X 14" Danger Sign: Flammable, vinyl
19.78 7'X 10" Nolice Sign: Empty Cylinder,
19.78 7'X 10" Notice Sign: Full Cylinder,
99.95 Chlorine Safety for Water & Wastewater
109.95 Handling Sodium Hypochlorite Safely
380.00 Freight
102.16 Sales Tax
74.95 Test Strips, Free Chlorine,0-120 ppm,
71.20 Total Chlorine Test Strips, HR 0-80
26.78 Phenol Red Spec Grade lL Solution,
36.75 Freight
18.87 Sales Tax
347256
200.00
240.OO
USA BLUE BOOK
011.0010fl0
011 .0010540
011 .0010538
011 0010538
011.0010538
011.0010538
011.0010538
011.0010538
011 .0010538
011.00'10539
011.00'10539
011.00't0539
011.00'10539
Pnnled 4/1412015 2 01 58PM Page 2'l ol 24
CITY OF VERNON
WARRANT REGISTER NO, 1422
APRTL 21,2015
PRINTED CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION tNvotcE P.o.#
CHECK
NUMBER AMOUNT
VANG COMP SYSTEMS, lNC. 011.1031.520000 1,235.00 Detachable SideAmmo Carrier for 11024 011.0010523 347259
011.1031.520000 15.00 Freight 11024 01'1.0010523 347259
1,250.00
VISTA PAINT CORPORATION 011.1049.520000 1,249.00 GRACO Ultra Max ll 490PCPro 201598371300 011.0010499 U726O
011.1049.520000 112.41 Sales Tax 201598371300 347260
1,361 .41
WILLIAMS DATA MANAGEMENT 011.1003.596200 333.00 Storage Fees 330336 347261
011.1003.596200 1,196.11 Storage Fees 331391 3/.7261
1,529.11
WITTMAN ENTERPRISES, LLC. 011.1033.596200 270.88 Billing Services 1502069 U7262
270.88
YALE CHASE MATERIALS 01'1.1046.520000 68.50 Relay contado( 24vdc PSV240412 011.00105'10 347263
HANDLING
011.'1046.590000 350.00 Labor for service call and repair PSV24O412 011.0010510 347263
011.1046.520000 6.17 Sales Tax PSV24O412 3/.7263
424.67
ANTHONY ZARATE 011.1040.502030 150.00 Vision Benellts: A Zarate 032415 347264
150.00
ZUMAR INDUSTRIES, lNC. 011.1043.850000 2,385.00 No U-Turn, 36" X 36" - DG3 - 1160A, 157323 011.0010420 347265
011.1043.850000 298.20 Use Crosswalk (with arrow), 18"X12'- 157323 011.0010420 347265
011.1043.850000 66.25 Do Not Block lntersection, 24" X 30" - 157323 0'11.0010420 3/.7265
011.1043850000 894.42 LeftTurnY|ELD on Green,30"X 36'- 157323 011.00'10420 3/7265
printed 4/1412015 2:Ot 58pM pa9e22ot24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,2015
PR!NTED CHECKS
ACCOUNTNUMBER AMOUNT DESCRIPTION
CHECK
NUMBER AMOUNTVENDOR DISPLAY INVOTCE P.O.#
ZUMAR INDUSTRIES,INC. 011.1043.850000 198.76 No Right Tum on Red, 18'X 30" - DG3 - 157323 011.0010420 347265
011.1043.850000 357.75 Railrod Crossing,4S'X 9" - DG3 - 157323 011.m10420 3/7265
011.'10.13.850000 378.03 Sales Tax 157323 Y72As
4,574.41
TOTAL PRINTED CHECKS $ 154,427.14
Prinled. 41 1 412015 2:01 :58PM Page23 oI 24
CITY OF VERNON
WARRANT REGISTER NO. 1422
APRTL 21,20't5
RECAP BY FUND
EARLY PRINTED
WIRE TOTAL CHECK TOTAL CHECK TOTAL
011 - GENERAL
O2O - WATER
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED 67
217,514.70
$ 372,309.73 $ 196,373.77 $ 116,12',t.41 $ 684,804.91
38,305.73 256,126.07
$ 589,824.43 $ 196,679.41 $ 154,427.14 $ 940,930.98
Prinled 4/14/2015 2:01 58PM Pege 24 ol24
REGEIVED
APR 15 2015
CITY CLERKS OFITCE
RECEIVED
APR I 5 2015
CITY ADIXINISIR
DATE:
TO:
FROM:
RE:
STAFF REPORT
FI NANC E/TREAS U RY DE PARTM E NT
April 14,2015
Honorable Mayor and Gity Council
William Fox, Finance Direc t rNT
Light & Power Warrant Register for Gity Council Agenda of April 21, 2015
It is recommended that the attached Light & Power Warrant Register No. 387 be approved at the City Council
meeting of April 21,2015.
Light & PowerWarrant Register No. 387 totals $619,511.59, and covers claims and demands presented during
the period of April 2 through April 13,2015, drawn, or to be drawn, from East West Bank.
The following list details the components of Light & Power Warrant Register No. 387:
1. Ratification of wire transfers totaling $496,840.35;
2. Ratification of the issuance of early checks totaling $88,760.14; and
3. Authorization to issue pending checks totaling $33,911.10.
LIGHT & POWER
WARRANT REGISTER NO. 387
APRTL 21,2015
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
P tinled: 4 I 1 4 I 201 5 2:04 :24PM Page 2 of 8
LIGHT & POWER
WARRANT REGISTER NO. 387
APRIL 21, 2015
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION tNvotcE P.O.#
DATE wlRE
ISSUED NUMBER AMOUNT
CALIFORNIA ISO
ICE US OTC COMI\4ODITY
I\4ARKETS.
ICE TRADE VAULT LLC
Ptinled 41 1 41201 5 2 04 24PM
055.9200.500150
055.9200.500170
055.9200.500190
055.9200.5002',t0
055.9200.5001s0
055.9200.500170
055.9200.500190
05s.9200.500210
055.9200.500170
055.9200 500190
055.9200.500150
055.9200.5002'10
055.9200.596200
055.9200 596200
479.'t9
2,344.34
8.34
1.72
-5,236.76
-'1 ,167.18
-77.17
5.25
-8,046.55
-2.',!56.79
'156,830.60
16,129.11
1,200.00
375.00
20't503243129490
bbb
20't503243',129490
666
201503243129490
ooo
201503243129490
666
201503243129490
666
201503243',t29490
666
201503243129490
ooo
201503243129490
666
201503243129490
666
20'l 503243 1 29490
bbb
201503243129490
666
201503243129490
666
2't 500't 688088
Iv17612
o3t302o15
03t3112015
5822
5822
5422
5422
s822
5822
5422
5422
5822
5822
5822
5822
'l 59,154.10
5823
1,200.00
5824
Revised Charges '12l14
Revised Charges 12l14
Revised Charges 12l14
Revised Charges 12l14
Revised Charges 03/15
Revised Charges 03/15
Revised Charges 03/15
Revised Charges 03/15
lnitial Charges 03/15
lnitial Charges 03/'15
lnitial Charges 03/15
lnitial Charges 03/15
OTC Commission Adjustment
Trade Vault
Page 3 ol E
LIGHT & POWER
WARRANT REGISTER NO. 387
APRTL 21,2015
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE WRE
ISSUED NUMBER AMOUNT
SOUTHERN CALIFORNIAEDISON 055.9200.500170
055.9200.500170
055.9200.500170
CALIFORNIA ISO 055 9200 500170
055.9200.500'190
055.9200.500150
055.9200.500210
055.9200.500170
055.9200.500190
055.9200.500150
055.9200.500210
055.9200.500162
Transmission Service
Transmission Service
Transmission Charge
lnitial Charges 03/15
lnitial Charges 03/15
lnitial Charges 03/15
lnitial Charges 03/15
Revised Charges 03/15
Revised Charges 03/15
Revised Charges 03/15
Revised Charges 03/'15
Biomethane Gas
121,420.OO
51,370.00
24,669.00
- 15,1 51 .11
-922.'t6
108,328.26
16,528.42
-169.69
-163 33
10,657.65
29.46
19,514.7 5
7500527991
7500528024
7500528025
201503313129528
533
2015033't3129524
533
2015033'13129528
533
201s033'13129528
533
201503313129528
533
201503313129528
533
201503313129524
533
20'1503313129528
533
RPS220'15
04t03t2015
o4to112015
375.00
5825
5825
5425
197,459.00
5826
5826
5826
5826
5826
5826
5826
5826
11 9,'137.50
5827BIOFUEL GENERATION SERVICE
LLC
o4to612015
o4lo9l2015
TOTAL WIRES
19,514.75
$ 496,840.35
Pttr],led 4h412015 20{-24PM Page 4 of I
LIGHT & POWER
WARRANT REGISTER NO. 387
APR|L 2't,2015
EARLY CHECKS
ACCOUNT DATE CHECK
VENOOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
BANK OF NEWYORK |\4ELLON, 055.9000.592010 1,160.00 Administration Fee 2521840862
296735135
297504768
606(8) 055.000219'r
02271sVRS 055.0002235
0227'1sVRS 055.0002235
02271sVRS 055.0002235
02271sVRS 055.0002235
02271sVRS 055.0002235
022715VRS
040115
511332
1,160.00
511333
511333
292.7 4
511334
42.OO
511335
5'11335
511335
511335
51'1335
511335
81,656.69
51'1336
169.06
511337
438.95
51'1338
511338
TRUST
FEDEX
JACK MEGORDEN
LISA UMEDA
TODD DUSENBERRY
04to212015
055.9000.520000 274.93 Service Period: 03/'15
055.9000 520000 17.81 Service Periodi 03/15
MAYWOOD CAR WASH 055.8100 570000 42.00 Full Service Car Wash -
HOWARDINDUSTR|ES,tNC., 055.120010 13,588.007200KV-750KVA-2771480-
055.120010 18,650.00 7200KV-1500KVA-277/480-
055.120010 8,613.00 16340KV-300-2771480-
055.'120010 20,190.00 16340KV-500KVA-277/480-
055.120010 13,873.00 16340KV-750KVA-277/480-
055.120010 6,742.69 Sales Tax
0410212015
o4to2t2015
04to7t2015
Mlo7t2015
o4to7 t2015
055.9100 596700 169 06 Engineering Lunch Meeting
055.9000 596500 438.95 NERC Human Performance Workshop 032515
055 9000.596500 35.08 Fundamentals of Electric Distribution 032615
055 9000.596500 27.03 Recycled Water Users Site Supervisor 032615(B)
Ptinledt 411412A15 2tO4 24PM Page 5 of 8
LIGHT & POWER
WARRANT REGISTER NO, 387
APRTL 21,2015
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
FEDEX 055 9000.520000 16 56 Service Period: 03/15 294244657
KAHN, SOARES & CONWAY, LLP 055.9000.593200 1 ,255.00 Lobbyist Services lo the City of Vernon 47228 055.0001933
o4to7t20't5
o4to9t20't5
o4t09t20',15
0/,to9l2015
o4to9t2015
62.11
511339
16.56
511340
1,255.00
511341
511341
2,152.78
511342
511342
793.43
511343
51'1343
709.50
511344
SANTA FE BUILDING
MAINTENANCE
055.8400.596200 445.S4Janitorialservices
055.9000.596200 1,706 94 Janitorial Services
13700
13700
040115
040215
3029 05s.0002254
3029
933312125
SOUTHERN CALIFORNIA EDISON 055.8100.560010 44.79 Service Period: 03/15
055.9200.560010 748.64 Service Period: 03/15
SUNCO AUTOMOTIVE EOUIPMENT 055.8000.590000 650.92 Adiustable Power Supply -
LLC 055.8000.590000 58.58 Sales Tax
UPS
04tog12015
o41o9t2015
11 32
TOTAL EARLY CHECKS $ E8,760.14
P tinted 4 I 1 4 1201 5 2:04:24PM
055 8000 590000 11.32 Service Period: 03/15
Page 6 of E
LIGHT & POWER
WARRANT REGISTER NO. 387
APRTL 21, 2015
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION |NVO|CE P.O.#
CHECK
NUMBER AMOUNT
CH2M HILL ENGINEERS, lNC. 055.9000.596200 9,661.'10 Professional Services
FIRSTENVIRONMENTOF 055.8200.500230 l,SS0.00ProfessionalServices
055.8200.500230'1,250.00 ProfessionalServices
POWER CONSULTANTS lNC. PORT 055.9000.900000 4,410.00 Contract Services
CA
055.9000.596200 4,620.00ContraclServices
055.9000.596200 12,390.00 ContractServices
341022131
31000
31073
VERNPVHMaTI5
VERNPVHMaT'15
VERNPVHMaTI5
5't't3/.5
9,661.10
511346
5't1346
2.830.00
51'tU7
5113/7
511347
21,420.OO
TOTAL PRINTED CHECKS $ 33,9I1.I0
Pi^led 411412015 2 04 24PM Page 7 of 6
LIGHT & POWER
WARRANT REGISTER NO. 387
APRTL 21,2015
RECAP BY FUND
FUNO
EARLY PRINTED
WIRE TOTAL CHECK TOTAL CHECK TOTAL
o55-LIGHT&POWER$496,840.35$88,760.14$33,S't't.10$619,511.59
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED 3
$ +96,840.35 $ A8,760.14 $ 33,911.10 $ S19,511.59
P tinled: 4 I 1 4 I 2O1 5 2:0 4 :24PM Page I of 8
REGEA\/ED
APR 15 2015
CITY CLERKS OFFICE
DATE:
TO:
FROM:
RE:
REGEIVED
APR 15 2015
CITY ADMINIS I(]I\JSTAFF REPORT
FI NAN C E/TREAS U RY DE PARTM E NT
April 14,2015
Honorable Mayor and CitY Council
William Fox, Finance Direc tqNT-
Gas Warrant Register for City Council Agenda of April 21, 2015
It is recommended that the attached Gas Warrant Register No. 175 be approved at the City Council meeting of
April 21 ,2015.
Gas Warrant Register No. 175 totals $14,573.58, and covers claims and demands presented during the period of
April 2 through April 1 3,2015, drawn, or to be drawn, from East West Bank.
The following list details the components of Gas Warrant Register No. 175:
1. Ratification of the issuance of early checks totaling $14,573.58; and
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 175
APRTL 21,2015
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
Pilnled 4h 412015 2: 55:43PM Page 2 ol 4
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 175
APRIL 21,2015
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT
MAYWOOD CAR WASH 056.5600.570000 7.00 Car and truck washing service- 606
A.M. ORTEGA CONSTRUCTION, 056.5600.590000 5,919.64 3 Year Stand-By Contract-
INC.
MEASUREMENT CONTROL 056.120010 7,749.95 Dresser Roots 23M-175-
SYSTEMS
056.120010 697.49 Sales Tax
UNDERGROUND SERVICE ALERT 056.5600.596600 199.50 New Ticket Charges
056.0000281
675400 056.0000204
180107 056.0000319
1 801 07
220150768
041o2t2015
o4t0712015
04t07t2015
04to9t2015
1266
7.00
1267
5,919.64
1268
1268
8,447.44
1269
199.50
TOTAL EARLY CHECKS $ 14,573.58
P tinled: 41 1 4 1201 5 2:55:43PM Page 3 of 4
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 175
APRIL 21,2015
RECAP BY FUND
EARLY PRINTED
WIRE TOTAL CHECK TOTAL CHECK TOTAL
0.00 $ 14,573.58 $
0.00 $ t4,573.58 $
0.00 $ 14,573.58
0.00 $ 14,573.58
056 - NATURAL GAS
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED O
Ptinled. 41 1 412015 2:55:43PM Page 4 ol 4
RHCE[\/ED
APR l5 2015
CITY CLERK'S OFFICE
RECEIVED
APR I 'l 2015
CITY ADMINISTRATION
FIRE DEPARTMENT
Michael A. Wilson, Fire Chief
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-7407
April 13,2015
Honorable Mayor and City Council
City of Vernon
Honorable Members:
Attached is a copy of the Vernon Fire Department Activity Report which covers the period of
March 16,2015 through March 31,2015.
Respectfully Submitted,
n%lk
Michael A. Wilson
Fire Chief
MAW:ar
: Fireletnow
lE 4c fusiv e $ I n[us tria I
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
March 16,2015 to March 31,2015
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#):
Re-Inspections (#):
Spec. Haz. Inspections (#):
Total lnspections:
Total Man Hours:
TRANTNG (HOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-INCTpENT (HOURS):
Planning
District Familiarization
Total Hours:
PERIODIC TEST GOURS):
Hose Testing
Pump Testing
This Period
Last Year
2t3
0
0
213
230
89
99
188
Last Year
To Date
s60
702
3162
470
s09
979
This
Period
126
149
9l
96
187
This Year
To Date
416
6r
t7
57r
237
786
762
769
l5
132
3272
539
556
1095
t22
4
0
520
32
8
494
694
99
37
t27
t24
124
2
27
540
544
t7t
74t
742
741
34
189
78
27
t28
r29
129
0
40
531
26
l0
36
0
0
8
J
ll
0
0
Total Hours:
Page I
PUBLIC SERVICE PROGRAMS (HOURS)
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE GOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
:Fireactivity
8
8
8l
97
0
0
10
10
4
0
7t
75
0
0
t2
t2
730
7s3
744
2227
131
131
t34
396
t29
t25
130
384
733
746
758
2237
74317156
Page2
VERNON FIRE DEPARTMENT
Type of lncident Report
Total lncidents: 2015
March 161 2(J15 - March 31r 2l|15
=54
l0,,,ll3t2015
INCIDENT TYPE
E ASSAULTVICTIAi.D"'
E CHEST PA!N.DI-
E DIFFICULTY BREATHING.D"'
E FALMCTU,I-0'..
E PSYCH/BEHAVE/SUI ATT-0"
E SEIZURE.D-'
E SlCl( PERSoN-D...
E TC OVERTURNEO.D"'
E TC with Trapped Peopte
E TRAFFIC COIIJSION.D"'
E TRAUTiANC !NJUR!ES.D-
E UNC PER/FANnNG (NEAR)-D-.
E UNKNOWN PROBI.E rl-0"'
F Commercial Flre
F Flre Alarm No Reset
F Flre Alarm Mth Reset
F lnvestlgatlon
F Sheared tlydrant
F Stnrture Flre
F Water Ftow Atarm No Reset
5 ftloveup
S Water Problem
5
1
3
1
1
1
2
1
1
5
3
3
1
2
6
2
I
1
1
9
2
2
lncident Type
571 Cover assignment, standby, moveup
31 1 Medical assist, assist EMS crew
324 Motor vehicle accident with no injuries
7 45 Alarm system activation,no fire,unintentional
300 Rescue, EMS incident, other
745 Alarm system activation,no fire,unintentional
7 45 Alatm system activation,no fi re,unintentional
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
741 Sprinkler activation, no fire - unintentional
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
322 Motor vehicle accident with injuries
520 Water problem, other
571 Cover assignment, standby, moveup
321 EMS call, excluding vehicle accident with iniu
700 False alarm or false call, other
6'1 1 Dispatched & canceled en route
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
520 Water problem, other
700 False alarm or false call, other
1 13 Cooking fire, confined to container
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
520 Water problem, other
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
31 1 Medical assist, assist EMS crew
61 1 Dispatched & canceled en route
322 Motor vehicle accident with injuries
322 Motor vehicle accident with injuries
100 Fire, other
520 Water problem, other
700 False alarm or false call, other
700 False alarm or false call, other
700 False alarm or false call, other
740 Unintentional transmission of alarm, other
730 System malfunction, other
553 Public service
lncident Date
0311612015 01 O7:23
03/'16/2015 01:19:10
0311612015 05:14:30
0311612015 12:19:35
0311612015 17:47:04
0311612015 19:46:43
0311712015 07:35:59
O3l'1712015 10:27:07
0311712015 10:44:41
0311712015 12:07:21
0311712015 17:15:59
0311812015 07:07:38
0311812015 11:37:05
0311812015 20:26:19
0311812015 20i40:31
03/19/2015 20:36:03
0311912015 23:31:U
0312012015 07:48:10
0312012015 17:43:40
0312012015 21:25:13
0312012015 21:56:19
0312112015 01:05:39
0312112015 02i29:
031222015 12:09:34
0312212015 16:27:48
0312312015 12:28:42
0312312015 14:43:31
0312412015 03:26:14
03/2412015 06:35:03
0312412015 06:49:47
0312412015 10:15:15
0312412015 11:43:26
0312412015 22:36:16
0312412015 23:54:43
0312512015 15:25:19
0312512015 18:50:27
0312512015 23:44:53
0312612015 12:59:59
0312712015 0'l:41:50
0312712015 01:44:48
03127 1201 5 03i19:50
0312712015 17:25:11
0312812015 O9:22:U
0312812015 14:02:14
PREVENTION FOLLOW.UP?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
shift
No
No
No
No
No
No
No
No
No
No
31'1 Medical assist, assist EMS crew
324 Motor vehicle accident with no injuries
116 Fuel burner/boiler malfunction, fire confined
321 EMS call, excluding vehicle accident with inju
520 Water problem, other
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
322 Motor vehicle accident with injuries
322 Motor vehicle accident with injuries
321 EMS call, excluding vehicle accident with inju
0312812015 22:41:17
0312912015 14:47:02
0313012015 06:43:47
0313012015 07:41:26
03/30/20'15 08:34:51
03/30/2015 08:54:33
0313012015 11:44:57
0313112015 11:37:27
0313112015 11:58:42
0313112015 18:51:48
VenruoN Flne DeeplaMENT
Type of lncident Report
Total lncidents: 2014 =53
Iularch 16, 2014 - March 31l-2014
INCIDENTTYPE
o1t1rr2015
INCIDENTTYPE
E ALTERGIC REACTION.D-'
E Auto vs Pcd
E CHEST PAIN.D''
E DIFF BREAT}IING/ASIH IIA.D-.
E DIFFICULTY BREATHING-D-'
E FAtt VtCTtXt-D.-
E HEART ATTACK-D"'
E Selare-A
E SEIZURE-D-'
E SICT PERSON.D"'
E TC Brc/iltoToRcYct E.D*.
ETMFFIC COIJISION.D''
E TMUAAATIC INJURIES.O'-
E UNC PER/FAINNNG (NEAR)-D''
E UNI(NOWN PROBLEIA.D-'
F Auto vs Structure
F Commerciat Flre
F Ebcacat Shon
F Exptocion
F Flre Alarm No R6et
F Flre Atlrm trylth Reset
F lN6tlgatlon
F Natural Gas leak . lnslde
F Resldenthl Flre
F Structure Flre
F Water Ftow Atarm No Reset
F Water Flow Alarm With Reset
F Wlres Down
S
^'IONIEBE|IO
nE(llJESr
S fiovatp
5 Pubtlc Assist
VERNoN FIne DEPARTMENT
Type of Incident Report
Total lncidents: 2015 =326
January 112ll15 - March 31r2lD15
INCIDENT TYPE
o,,,n,i2015
INCIDENT TYPE
E ABDOIiINAL PAIN.D"'
E ASSAULT VICTI'I,I.D'"
E Auto vs Ped
E Back Paln-A
E BACK PAIN.D"'
E CHEST PAIN.D"'
E DIFF BREATHING/ASTHI,IA-D"'
E DIFFICULTY BREATHING.D"'
E FALL VlCTlrut-D"'
E HAZi{AT/ CHE'IAI CAL. D' -
E HAZAiAT/UNKNOWN.D"'
E HEARTATTACK-0"'
E HE,TORRHAGE/CUT-0"'
E PSYCH/BEHAVE/SU! ATT.D-'
E SEIZURE/ EPII."EPTIC/ HIST.D-'
E SE!ZURE.D-'
E SICK PERSON.D"'
E TC BIKE /iTOTORCYCLE.D"'
E TC OVERTURNED.D"'
E TC wlth Trapped Peopte
E TM,FFIC COLLISION.Y"
E TMUAiATIC INJURIES.D'"
E UNC PER/FAINTING (NEARI.D"'
E UNKNOV{N PROBLEM.D''
F Apartment Fire
F Archlng Wlres
F Auto rrs Structure
F Commerciat Fire
F Flre Alarm No Reset
F Flre Alarm Wlth Reset
1
6
1
1
4
13
2
11
E
1
1
1
2
3
2
5
19
2
1
2
52
10
13
23
1
1
1
4
23
7
F Haz llat - Futt
F lnvestlgatbn
F Resldentlat Flre
F Rubbbh Flre
F Sheared Hydrant
F Smoke
F Structure Fire
F Vehlcte Fire
F Vehlcte Leaklng Gas
F Vehlcte Overtumed
F Water Flow Atarm No Reset
F Water Flow Atarm Wth R$et
F Wires Down
5 ladder Assist
S ftloveup
S h.6tlc Asslst
S Standby
5 Water Problem
t
l4
1
2
1
2
4
3
1
1
Q
16
I
I
6
1
I
9
VENNON FINE DEPARTMENT
Type of lncident Report
Total lncidents: 2014 =316
January 112tJ14 - March t1r 2(,14
INCIDENTWPE
0/ lt7017
INCIDENTTYPE
E Abdomlnal Paln.A
E ABDOITINAL PAIN.D-'
E AI.IERGIC REACTION.T-
E ASSAULTVICTlrll.D-'
E Ano vs H
E CHEST PAN.D"'
E DIAEETIC.D-
E DIFF EREATTIING/ASIHTAA.D*
E OIFf ICULTY SREATHING.D'-
E FAtl V|CTUI-D.-
E H ;Z tAT/CHErilC.At--0.-
E HEAT'ACHE.C*
E TIEARTATTACK.O''
E Hemonhage/Cut.B
E HEiORRHAGE/CUT-O'-
E Bych, Behaversul Att-A
E Selane.A
E SEIZURE.D"'
E Slck PeIson.A
E SICK PERSON.D-'
E TC B||(E/TiOTORCYCLE-D'"
E TC UECTION-D'"
E TC OVERTURNED.D'-
E TC wlth Trapped Peopte
E TRAFFIC COLLISION.D-
E Trarmatlc ln url6.B
E TRAUTUNC INJURIES.D"
E UNC PER/FANnNG (NEAR)-D-.
E UNTO,|OWN PROBIEI .r".
F Apanment Flrc
F Auto vr Structure
F Auto vs Traln
F Co,nmerclal Fire
F Etectrlcal Short
F Exptclon
F Fire Atarn No R$et
F Fire Atarm Wth Reset
F Haz l{at . Fult
F lny6tlgatlon
F llatunl Gr Leak - lnside
F Natural GB Leak . Outslde
F Odor lnvestlgatlon
F Resldmtlal Flre
F Rr.6blsh Fle
F Strlke Team
F Structure Fire
F Vehlcle Flre
F Vehicte LeakiB Gas
F Vehlcte Overtumed
F Water Ftow Atarm No R6et
F Water Flow Alarm Wth Reset
F Wires Do,vn
S Ladder Asslst
S T,ONIEBruO RtqUEsT
S liloveup
S People Stuck ln Elwator
S Pr$tk Aslrt
S Water Probtern
U USAR.A
U USAR.BELOW GROUND.D"'
1
7
1
2
2
1
8
2
1
40
5
z
11
1
2
4
2
1
2
4
4
1
7
27
16
1
1
4
2
1
I
2
I
1
1
10
2
2
4
11
I
z
5
1
1
1
1
5
1
17
7
1
2
2
51
1
5
6
12
1
REGEIVED
APR I q 2015
CITY ADMINISTRATION
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
April 21,2015
Honorable Mayor and City Coun
Carlos Fandino Jr., Director of V
Base Contract with Sequent Energy Management, L.P. ("SEM") for Sale and
Purchase of Natural Gas (the "NAESB Contract")
Recommendations
It is recommended that the City Council:
A) Find that the approval requested in this staff report 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 a
significant effect on the environment; and
B) 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 Sequent Energy Management, L.P. ("SEM") in substantially the same form as
attached to the staff report, for the purpose of buying and selling natural gas to or
from SEM, 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.
Background
The City of Vemon owns and operates a municipal natural gas distribution system for supplying
the City's municipal electric system with natural gas and providing natural gas to businesses and
industries within the City. The City desires to sell and purchase natural gas to or from SEM,
under general terms and conditions published by the NAESB. The City has determined that it is
DATE:
TO:
FROM:
RE:
to the City's advantage, and in the public interest of the customers and residents of the City, to
enter into a contract with SEM for the purchase and sale of natural gas.
This agreement constitutes general terms and conditions only and does not obligate the City to
enter into a specific purchase or sale transaction; however, the result of fully executing the
agreement will provide the ability for the City to transact with SEM. The City has similar
agreements in place with Sacramento Municipal Utility District (SMUD), BP Energy, Shell
Energy, Southern California Gas Company, EDF Trading North America, LLC, Anahau Energy,
ConocoPhillips, and Iberdrola.
The key objectives of the agreement with SEM are as follows:
o To expand the City's counterparty pool
o Create an opportunity for better pricing and liquidity
o To maximize trading capability
Vernon Gas & Electric staff recommends that the base NAESB Contract with SEM be approved.
Attached herewith is a copy of the proposed Base Contract for Sale and Purchase of Natural Gas
with Sequent Energy Management.
Fiscal Impact
The base agreement with SEM will provide Vernon flexibility to buy and sell natural gas as
needs dictate, which could potentially produce a monetary benefit for the City. The exact
hnancial impact of this agreement is unknown at this time.
Attachments
Base Contract for Sale and Purchase of Natural Gas
This Base Contract is entered into as of the following date: May 1, 2015
The parties to this Base Contract are the following:
PARTY A
Seouent Enerqv Manaqement. L.P.
PARTY NAME
PARTY B
CITY OF VERNON
1200 Smith Street. Suite 900
Houston. TX 77002
ADDRESS
4305 Santa Fe Ave.
Vernon, CA 90058
www.EggglIg!!9Mv.com BUS,,VESS WEBSITE www.Citvofvernon.orq
CONTRACT NUMBER
61 -2075845 D.U.N.S@ NUMBER 06-088-3022
8 US FEDERAL: 58-2642294
tr OTHER:TAX ID NUMBERS
tr US FEDERAL: 95-6000808
tr OTHER:
Georgia JURISDICTION OF
OPGANITAflON California
E Corporation ! LLC
I Limited Partnership
tr LLP
! Partnership
E Other:COMPANY TYPE
E Corporation tr LLC
tr Limited Partnership E Partnership
tr LLP I Other: City of Vernon, a
Chartered City and Municipal Corporation of the State of
AGL Resources lnc.GUARANTOR
IIF APPLICABLEI
CONTACT !NFORMATION
. COMMERCTAL
ATTN: Shawn Shaifzadeh & Etrain Sandoval
TEL#: 323-826-3625 / 1424 FAX#: 323-826-3629
EMAIL: sshatif@ci.vernon.ca.us & esandoval@ci.vernot
ATTN:
TEL#: 832-397-1700 FAX#: @@!!@
. SCHEDULING
ATTN: Shawn Shaifzadeh & Efrain Sandoval
TEL#: 323-826-3625 / 1424 FAX#: 323-8263629
ATTN: Hema Patel
TEL#: 323-583-8811 Ext.292 FAX#: 323-826-1431
EMAIL: hpatel@ci.vernon.ca.us
ATTN: GasSchedulino
TEL#: 832-397-17O0 FAX#: 832-397-1709
Aff r.' Contract Administration
TEL#: 832-397-1734 FAX#: 832-397-1781
EMAIL:
. CONTRACTAND
LEGAL NOTICES
AfTrV.' Credit Department
TEL#: 832-397-1700 FAX#: 832-397-3885
EM AIL : S EM Cred itRi s k@ seo u e nte n e rov. c o m
. CREDIT ATTN: Javier Valdez
TEL#: 323-583-8811 Ext.825 FAX#: 323-826-1431
A17 r.' Confirmations
TEL#: 832-397-1700 FAX#: @$!;!li!
EMAIL: co nfirm s@aolresources. com
. IRAA'SACI'OA'
CONFIRMATIONS
ATTN: Edwin Ochoa
TEL#: 323-583-8811Ext:227 FAX#: 323-826-3629
E M Al L : e o c h o a @tt yetoooca,us
ACCOUNTING INFORMATION
ATT N : GasAgq.e.yt !!,19
TEL#: 832-397-'700 FAX#: 832-397-37'l'l
E M A I L : a c c o u nti n o settl e m e nt(Aa o he so u rc es. co m
tNvotcEs
PAYMENTS
SETTLEMENTS
ATTN: Citv of Vemon Treasurv Deoaftment
TEL#: 323-583-8811Ext:227 FAX#: 323-826-3629
BArVK.' JPMoroan Chase Bank N.A.
ABA: 021000021 ACCT: 211571906
OTHER DETAILS:
Societv for Worldwide lnterbank Financial Telecomm
D-^b^, rd^^.fr;6. a^d^ lQlilrE7l.
^gnCrrC22
WRE TRANSFER
NUMBERS
(IF APPLICABLE)
BANK:
ABA:ACCT:
OTHER DETA'LS:
BANK:
ABA:ACCT:
OTHERDETAILS: CHIPS:0002
ACH NUMBERS
(IF APPLICABLE)
BANK: EastwestBank
ABA: #32207038',1 ACCT: 80362791
OTHER DETAILS: Lioht & Power Acct.
ATTN:
ADDRESS:CHECKS
(IF APPL'CABLE)
ATTN:
ADDRESS:
Copyright O 2006 North American Energy Standards Board, lnc
All Rights Reserved
NAESB Standard 6.3 1
September 5, 2006
This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas
published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General
Terms and Conditions. ln the event the parties fail to check a box, the specified default provision shall apply. Select the aporopriate box(es)
from each section:
Section 1.2 tr Oral (default)
Transaction ORProcedure tr Written
Section 10.2 A
Additional
Events of tr
Default
No Additional
lndebtedness
tr Party A:
tr Party B:
Events of Default (default)
Cross Default
tr Transactional Cross Default
Soecified Transactions:
Section 2.7 A 2 Business Days after receipt (default)
Confirm Deadline OR
tr
-
Business Days after receipt
Section 2.8 E Seller (default)
Confirming Party ORtr Buyer
tr
Section 3.2 tr Cover Standard (default)
Performance ORObligation E Spot Price Standard
Section '10.3.1 A Early Termination Damages Apply (default)
Early
Termination OR
Damages tr Early Termination Damages Do Not Apply
Note: The following Spot Price Publication applies to both of the
immedietelv Drecedino-Section 10.3.2 B Other Agreement Setoffs Apply (default)
OtherAgreement A Bilateral (default)
Setoffs tr Triangular
OR
tr Other Agreement Setofb Do Not Apply
Section 2.31 A Gas Daily Midpoint (default)
Spot Price ORPublication tr
Section 6 I Buyer Pays At and After Delivery Point (default)
Taxes ORtr Seller Pays Before and At Delivery Point
Section 7.2 X
Payment Date
OR
tr
25rh Day of Month following Month of delivery
(default)
Dav of Month followinq Month of delivery
Section 15.5 CALIFORNIA
Choice Of Law
Section 7.2 E Wire transfer (default)
Method of Payment El Automated Clearinghouse Credit (ACH)
tr Check
Section'15.10 E Confidentialityapplies(default)
Confidentiality OR
tr Confidentiality does not aPPly
Section 7.7 tr Netting applies (default)
Netting ORtr Nettinq does not aDplY
x Special Provisions Number of sheets attached:2
E Addendum(s):
lN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate
Director of Vernon Gas & Electric
Copyright @ 2006 North American Energy Standards Board, lnc NAESBStandard63l
September 5, 2006All Rights Reserved Page 2 of 13
SECTION 1.
General Terms and Conditions
Base Contract for Sale and Purchase of Natural Gas
PURPOSE AND PROCEDURES
1.1 . These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or
lnterruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement
Contract as defined in Section 2
1 .3. lf a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement
refened to in Section 1.2, such receiving party shall noti! the sending party via facsimile, EDI or mutually agreeable electronic means by
the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the
receiving party to so noti! the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of
the transaction described in the sending party's Transaction Confirmation. lf there are any material differences between timely sent
Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such
differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. ln the
event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1 .2, (ii) the oral agreement of the parties
which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base
Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govem in the priority
listed in this sentence.
1 ,4, The parties agree that each party may electronically record all telephone conversations with respect to this Contract between
their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its
agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the
Base Contract, the parties agree not to contest the validig or enforceability of telephonic recordings entered into in accordance with the
requirements of this Base Contract.
SECTION 2.DEFINITIONS
The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract
and shall have the meanings ascribed to them herein.
2.1 . "Additional Event of Default" shall mean Transactional Cross Default or lndebtedness Cross Default, each as and if
selected by the parties pursuant to the Base Contract.
2.2. "Affiliate" shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls,
directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, "control" of any
entity or person means ownership of at least 50 percent of the voting power of the entity or person.
Copyright O 2006 North American Energy Standards Board, lnc NAESBStandard63l
September 5, 2006
shall be the 9AS
The parties have selected either the "Oral Transaction Procedure" or the "Written Transaction Procedure" as indicated on
the Base Contract.
Oral Transaction Procedure:
'l .2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be
effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the
parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such
transaction shall be considered a "writing" and to have been "signed". Notwithstanding the foregoing sentence, the parties agree
that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction
Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this
Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral
agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction
Confirmation as the identification and authentication of Confirming Party. lf the Transaction Confirmation contains any provisions
other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point,
period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and
Conditions of this Contract (e.9., arbitration oradditional representations and warranties), such provisions shall not be deemed to
be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties, provided that the foregoing shall not
invalidate any transaction agreed to by the parties.
Written Transaction Procedure:
1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding
a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other pa(y may, record
that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually
agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties
acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the
oassaqe of the Confirm Deadline without obiection from the receiving party, as provided in Section 1.3.
All Rights Reserved Page3of13
7,3. 'Altemative Damages' shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in
the Transadion Confirmation, in the event either Seller or Buyer hils to perform a Firm obligation to deliver Gas in the case of Seller or to
receive Gas in tfie case of Buyer.
2.4. "Base Contracf' shall mean a contract executed by the parties that inmrporates these General Terms and Conditions by
reference; that specifies the agreed seleclions of provisions contained herein; and that sets forth other inflrmation required herein and any
Special Provisions and addendum(s) as identified on page one.
2.5. "British thermal unit' or "Btu" shall mean the lntemational BTU, which is also called the Btu (lT).
2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays tor transactions in the U.S.
2.7. "Conllrm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the
Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract;
provided, if the Transaction Conlirmation is time stamped after 5;00 p.m. in the receiving party's time zone, it shall be deemed
received at the opening of the next Business Day.
2.8. "Confirming Party" shall mean the party designated in the Base ContrErct to prepare and forward Transadion Confirmations to the
other party.
2.9. "Contract" shall mean the legally-binding relationship established by (i)the Base Contract, (ii) any and all binding
Transaction Confirmalions and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base
Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not
been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties
2,10, "Contract Price" shall mean the amount expressed in U.S.
purchase of Gas as agreed to by the parties in a transaction.
2.11. "Contract Quantity" shall mean the quantity of Gas to be
Dollars per MMBIU to be paid by Buyer to Seller Ior the
delivered and taken as agreed to by the parties in a
transaction.
2.17. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any
quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (D if Buyer is the
performing party, obtain Gas, (or an alternate fuel iI elected by Buyer and replacement Gas is not available), or (ii) if Seller is the
performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consistent with;
the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas
sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party.
2.13. "Credit Support Obligation(s)' shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a
party to this Contract such as cash, an irrevoc€ble standby letter of credit, a margin agreement, a prepayment, a security interest in
an asset, guaranty, or other good and sufficient security of a continuing nature.
2.14. "Day" shall mean a period of24 consecutive hours, coextensive with a "day" as dellned by the Receiving Transporter in
a particular transaction.
2.15. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the parties in a transaclion.
2.16. "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction.
2.17. "EDl" shall mean an eleclronic data interchange pursuant to an agreement entered into by the parties, specifically
relating to the communication of Transaclion Conflrmations under this Contract.
2.18. "EFP" shalt mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical
transaclion involving gas futures contracts EFP shall incorporate the meaning and remedies of "Firm", provided that a party's
excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures
exchange regulated under the Commodity Exchange Act.
2.19. "Firm" shall mean that either party may interrupt its perlormance without liability only to the extent that such
performance is prevented for reasons oI Force Lilajeure; provided, however, that during Force Majeure interruptions, the party
invoking Force Majeure may be responsible for any lmbalance Charges as set forth in Section 4.3 related to its inlerruption after
the nomination is made to the Transpo(er and until the change in deliveries and/or receipts is conflrmed by the Transporter.
2.2O. "Gas" shall mean any mixlure of hydrocarbons and noncombustible gases in a gaseous state consisling primarily of
methane
7.2'l . 'Guaranto/' shall mean any entity thal has provided a guaranty ofthe obligations ofa party hereunder.
2.22. "lmbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for
failure to salisfy the Transporteas balance and/or nomination requirements.
2.23, "lndebtedness Cross Default" shall mean if selected on the Base Contract by the parties with respect to a party, that it
or its Guaranlor, if any, experiences a default, or similar condilion or event however therein derined, under one or more
agreemenls or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation
whether present or future, contingent or otheMise, as principal or surety or otheMise) for the payment or repayment of borrowed
money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such parly or its
Guarantor, if any, which results in such indebtedness becoming immediately due and payable.
Copyright O 2006 North American Energy Standards Board, lnc NAESB Standard 6 31
September 5 2006All Rights Reserved Page 4 of 13
2.24. "lnterruptible" shall mean lhat either pa(y may interrupt its performance al any time for any reason, whether or nol
caused by an event of Force Ma.ieure, with no liability, except such interrupting party may be responsible for any lmbalance
Charges as set forth in Sectron 4.3 related to its interruption after the nomination is made to the Transporter and until the change in
deliveries and/or receipts is confirmed by Transporter.
2.25. "MMBtu" shall mean one million British thermal units, which is equivalent to one dekatherm.
2.26. "Month" shall mean the period beginning on the Iirst Day of the calendar month and ending immediately prior to the
commencement of the Iirst Day of the next calendar month.
7.27. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas
received by Buyer in the previous Month.
7.?8. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving
Transporter, the Transporter delivering Gas at a Delivery Point.
2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporte(s) for movement, transportation or
management.
2.30. 'Specifled Transaction(s)" shall mean any other transac{ion or agreement between the parties for the purchase, sale or
exd)ange of physical Gas, and any other transaction or agreement identifed as a Specified Transaclion under the Base Contrad.
7.31. "Spot Price " as referred lo in Section 3.2 shall mean the price listed in ihe publication indicated on the Base Contract,
under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if
there is no single price published for such location Ior such Day, but there is published a range of prices, then the Spot Price shall
be the average of such high and low prices. lf no price or range of prices is published for such Day, then the Spot Price shall be
the average of the following: (i) the price (determrned as stated above) for the first Day for which a price or range of prices is
published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or
range of prices is published that next follows the relevant Day.
2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a
transaction formed pursuant to Section '1 for a particular Delivery Period.
2.33. "Transactional Cross Default" shall mean if selected on the Base Contract by the parties with respect to a party, that it
shall be in default, however therein defined, under any Specified Transaction
7.34. "Termination Option" shall mean the option of either party to terminale a transaclion in the event that the other party fuils to
perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a
period as specified on the applicable Transadion Confrmation.
2.35. "Transporte(s)" shall mean all Gas gathering or pipeline companies, or local distribution mmpanies, acling in the capacity of a
transporter, transporling Gas for Seller or Buyer upstream or downstream, respedively, of the Delivery Point pursuant to a particular
transac{ion.
SECTION 3. PERFoRMANCE oBLtcAloN
3.1 . Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contrad Quantity fcr a particular transaction in
accordance with the terms of the ContEd. Sales and purchases will be on a Firm or lnterruptible basis, as agreed to by the parlies in a
The parties have selected either the "Cover Standard" or the "Spot Price Standard" as indicated on the Base Contract.
Cover Standard:
3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall
be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to
the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price,
adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the
difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for
which no replacement is availablei or (ii) rn lhe event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the
amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover
Standard for the resale of such Gas, adjusted for commercially reasonable differences in transporlation costs to or from lhe
Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such
Day(s) excluding any quantity for which no sale is availablei and (iii) in the event that Buyer has used commercially reasonable
efforts to replace the Gas or Seller has used commercially reasonable etforts to sell the Gas to a third party, and no such
replacement or sale is available for all or any portion of the Contract Ouantity of Gas, then in addition to (i) or (ii) above, as
applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount
equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the
applicable Delivery Point, multiptied by the quantity of such Gas not replaced or sold lmbalance Charges shall not be recovered
under this Section 32, but Seller and/or Buyer shall be responsible for lmbalance Charges, if any, as provided in Section 4.3. The
amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice,
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NAESBStandard63l
Seplember 5, 2006
transaction
Price Standard:
3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be
recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the
difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s),
multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a
breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity
and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any,
obtained by subtracting the applicable Spot Price from the Contract Price. lmbalance Charges shall not be recovered under this
Section 3.2, but Seller and/or Buyer shall be responsible for lmbalance Charges, if any, as provided in Section 4.3. The amount of
such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall
set forth the basis upon which such amount was calculated.
3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in
writing by both parties.
3.4. ln addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation
executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of
nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will
be compensated, and how liquidation costs will be calculated.
SECTION 4. TRANSpoRTATToN, NoMrNATroNS, AND TMBALANCES
4.1 . Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility
fortransporting the Gas from the Delivery Point(s).
4.2. The parties shall coordinate their nomination activities, giving suffcient time to meet the deadlines of the affected Transporter(s).
Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporte(s) involved in the transaction, of
the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery
Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly noti! the other party.
4.3. The parties shall use commercially reasonable efforts to avoid imposition of any lmbalance Charges. lf Buyer or Seller receives
an invoice from a Transporter that includes lmbalance Charges, the parties shall determine the validity as well as the cause of such
lmbalance Charges. lf the lmbalance Charges were incurred as a result of Buyeis receipt of quantities of Gas greater than or less than the
Scheduled Gas, then Buyer shall pay for such lmbalance Charges or reimburse Seller for such lmbalance Charges paid by Seller. lf the
lmbalance Charges were incurred as a resuJt of Selle/s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller
shall pay for such lmbalance Charges or reimburse Buyer for such lmbalance Charges paid by Buyer.
SECTION 5. QUALIry AND MEASUREMENT
All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity
measurement for purposes of this Contrac{ shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with
the established procedures of the Receiving Transporter.
sEcTtoN 6.TAXES
SECTION 7. BTLLTNG, pAyMENr, AND AUDrr
7 .1 . Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing
supporting documentation acceptable in industry praciice to support the amount charged. lf the aclual quantity delivered is not known by the
billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity
on the following Month's billing or as soon thereafter as actual delivery information is available.
Copyright @ 2006 North American Energy Standards Board, lnc NAESBStandard63l
September 5, 2006
The parties have selected either "Buyer Pays At and After Delivery Point" or "Seller Pays Before and At Delivery Point" as
indicated on the Base Contract.
Buyer Pays At and After Delivery Point:
Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority ("Taxes")
on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at
the Delivery Point(s) and all Taxes after the Delivery Point(s). lf a party is required to remit or pay Taxes that are the other party's
responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled
to an exemption from any such Taxes or charges shall fumish the other party any necessary documentation thereof.
Seller Pays Before and At Delivery Point:
Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority ("Taxes")
on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all
Taxes on or with respect to the Gas after the Delivery Point(s). lf a party is required to remit or pay Taxes that are the other party's
responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled
to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation th
All Rights Reserved Page6of13
7 .2. Buyer shall remit the amount due under Sec{ion 7.1 in the manner specified in the Base Contract, in immediately available funds,
on or beicre the later of the Payment Date o|l0 Days afrer receipt of the invoice by Buyei provided that if the Payment Date is not a
Business Day, payment is due on the next Business Day following that date ln the event any payments are due Buyer hereunder, payment
to Buyer shall be made in accordance with this Seclion 7.2
7.3, ln the event payments become due pursuant to Sections 3.2 or 3 3, the performing party may submit an invoice to the
nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was c€lculated. Payment
from the nonperforming party will be due five Business Days after receipt of invoice.
7 .4. lf the invoiced party, in good faith, disputes the amount of any such invoice or any part thereot sudr invoiced party will pay such
amount as it concedes to be mnect; provided, however, if the invoiced party disputes the amount due, it must provide supporting
documentation acceptable in industry pradice to support the amount paid or disputed without undue delay. ln the event the parties are
unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section.
7 .5.llthe invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue ftom the date due
untilthe date of payment at a rate equalto the lower of (i) the then€fiedive prime rate of interest published under "Money Rates" by The Wall
Street Joumal, plus two per@nt per annum; or (ii) the maximum applicable lawful interest rate.
7.6. A party shall have the right, at its o\,rm expense, upon reasonable Notice and at reasonable times, to examine and audit and to
obtain copies of lhe relevant porlion of the books, records, and telephone recordings of the other party only to the extent reasonably
necessary to veriry the acoJracy of any statement, charge, payment, or computation made under the Contracl. This right to examine, audil,
and to obtiain copies shall not be available with respecl to proprietary information not diredly relevant to tEnsaciions under this Contracl. All
invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed
waived unless such invoices or billings are objeded to in writing, with adequate explanation and/or documentation, within two years after the
Month of Gas delivery. All retroactive adjustments under Sedion 7 shall be paid in full by the party owing payment within 30 Days of Notice
and substantiation of such inacsrracy.
7.7. Unless the parties have elecled on the Base Contracl not to make this Section 7.7 applicable to this Contracl, the parties
shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater
amouni shall make a single paymenl of the net amount to the other party in accordance with Section 7; provided that no payment
required to be made pursuant to the lerms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting
under this Section. lf the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the
extent inconsistent herewith.
SECTION 8. rrLE, wARRANT, AND rNDEMNtry
8.1 .Unless otheMise specifically agreed, tiile to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall
have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery
Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas afrer its delivery to Buyer at the
Delivery Point(s)
8.7. Seller warrants that it will have the right lo convey and will transfer good and merchantable title to all Gas sold
hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims EXCEPT AS PROVIDED lN THIS
SECTION 8,2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARMNry OF
MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED
8.3.Seller agrees to indemniry Buyer and save it harmless from all losses, liabilities or claims including reasonable
attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal inJury
(including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer Buyer
agrees to indemniry Seler and save it harmless from all Claims, from any and all persons, arising trom or out of claims regarding payment,
personalinjury (including death) or property damage Irom said Gas or othercharges thereon which attach ater title passes to Buyer.
8.4.The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the
Cusloms Territory of the United States (as detined in general note 2 of the Harmonized Tariff Schedule of the United States 19
U.S.C. 51202, General Notes, page 3)i provided, however, that in the event Seller took title to the Gas outside the Customs
Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into
the l..Jnited States, and shall be responsible Ior entry and entry summary filings as well as the payment of duties, taxes and fees, if
any, and all applicable record keeping requirements.
8.5.Notwithstanding the other provisions ofthis Sedion I, as between Seller and Buyer, Seller will be liable for all Claims to the extent
that sucfi arise from the failure of Gas delivered by Seller to meet the quality requirements of Seclion 5
SECTION 9.NOTICES
9.1 . All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base
Contract ("Notices") shall be made to lhe addresses specified in writing by the respective parties from time to time.
9.?. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable eleclronic means,
a nationally recognized overnight courier service, first class mail or hand delivered
9.3.Notice shall be given when received on a Business Day by the addressee ln the absence of proof of the actual receipt
daie, the following presumptions will apply Notices sent by facsimile shall be deemed to have been received upon the sending
party's receipt of its facsimile machine's conlirmation of successful transmission. lf the day on which such facsimile is received is
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September 5, 2006All Rights Reserved Page 7 of 13
nol a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next
following Business Day Notice by overnight mail or courier shall be deemed to have been received on the next Business Day afrer
it was sent or such earlier time as is confirmed by the receiving party. Notice via tirst class mail shall be considered delivered llve
Business Days after mailing
9.4.The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall
not be obligated to implement such change until ten Business Days afier receipt of such Notice
SECTION 10. FINANGIALRESPoNSIBILIw
10.1 . lf either party ("X") has reasonable grounds for insecurity regarding the performance of any obligation under this Contract
(whether or not then due) by the other party ("Y") (including, without limitation, the occurrence of a material change in the
creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. "Adequate Assurance
of Performance" shall mean sufficient security in the rorm, amount, for a term, and from an issuer, all as reasonably acceptable to
X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty
Y hereby grants to X a continuing first priority security interesl in, lien on, and right of setoff against all Adequate Assurance of
Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Adequate
Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be
released automatically and, to the eltent possible, without any turther action by either party.
10.2. ln the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: (i) make an
assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otheMise commence, authorize, or
acquiesce in the commencement of a proceeding or c€se under any bankruptcy or similar law for the protection of creditors or have
such petition tiled or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be
unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar
official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect
to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1
within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other
party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected
party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Party") shall have the right, at its
sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the
transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available
hereunder.
10.3. lf an Event of Default has occurred and is continuing, the Non-Defaulting Party shall have the right, by Notice to the
Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is
given, as an early termination date (the "Early Termination Date") for the liquidation and terminalion pursuant to Section 10.3.1 of
all transaclions under the Contract, each a "Terminated Transaction". On the Early Termination Date, all transactions will
terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law ("Excluded
Transactions"), which Excluded Transactions must be liquidated and terminated as soon thereafrer as is legally permissible, and
upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each
Excluded Transaction, its actual the Earlv Termination Date tor 10.3.1
The parties have selected either "Early Termination Damages Apply" or "Early Termination Damages Do Not Apply" as
indicated on the Base Contract.
Earlv Termination Damaqes Applv:
10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially
reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received
between the parties under Terminated Transactrons and Excluded Transactions on and before the Early Termination Date and all
other applicable charges relating to such deliveries and receipts (including without limitation any amounls owed under Section 3 2),
for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as
defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated
Transaction at its lvlarket Value, so that each amount equal to the difference between such Market Value and the Contract Value,
as detined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaclion(s) if such Nlarket
Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amount
then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take
account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant
to the relevant Terminated Transactions).
For purposes of this Section 10.3.'1, "Contract Value" means the amount of Gas remaining to be delivered or purchased under a
transaction multiplied by the Contract Price, and "Market Value" means the amount of Gas remaining to be delivered or purchased
under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non-Defaulting
Party in a commercially reasonable manner. To ascertain the Market Value, the Non-Defaultrng Party may consider, among other
valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap
contracts or physical gas trading markets, similar sales or purchases and any other bona fide third-party offers, all adjusted for the
length of the term and differences in transportation costs A party shall not be required to enter into a replacement transaction(s) in
order to determine the Market Value. Any extension(s) of the term of a transaction lo which parties are not bound as of the Early
Termination Date (includinq but not limited to "everoreen Drovisrons") shall not be considered in determininq Contract Values and
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September 5, 2006All Rights Reserved Page I of 13
Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a
transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net
present value shall be determined bv the Non-Defaultinq Party in a commercially reasonable manner.
Early Termination Damages Do Not Apply:
10.3.1 As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially
reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received
between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all
other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2),
for which pavment has not yet been made by the party that owes such payment under this Contract.
The parties have selected either "Other Agreement Setoffs Apply" or "Other Agreement Setoffs Do Not Apply" as
indicated on the Base Contract.
Other Agreement Setoffs Apply:
Bilateral Setoff Option:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties
under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the
other (the "Net Settlement Amount"). At its sole option and without prior Notice to the Defaulting Pa(y, the Non-Defaulting Party is
hereby authorized to setoff any Net Settlement Amount against (i) any margin or other collateral held by a party in connection with
any Credit Support Obligation relating to the Contract, and (ii) any amount(s) (including any excess cash margin or excess cash
collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement
between the parties.
Triangular Setoff Option:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties
under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the
other (the "Net Settlement Amount"). At its sole option, and without prior Notice to the Defaulting Party, the Non-Defaulting Party is
hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with
any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess
cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii)
any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess
cash collateral) owed by the Non-Defaulting Party or its Afflliates to the Defaulting Party under any other agreement or
arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash
margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other
agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including
any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under
anv other aoreement or arranqement.
Other Aqreement Setoffs Do Not Apply:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties
under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the
other (the "Net Settlement Amount"). At its sole option and without prior Notice to the Defaulting Pa(y, the Non-Defaulting Party
may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support
Oblioation relatinq to the Contract.
10.3.3. lf any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is
unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in
respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained.
Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to
net present value in a commercially reasonable manner determined by the Non-Defaulting Party.
10.4. As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of
the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non-Defaulting Party. The Notice
shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure
to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Party
against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to
Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be
earlier than the Early Termination Date. lnterest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue
from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money
Rates" by The Wall Street Joumal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.
10.5. The parties agree that the transactions hereunder constitute a "foruvard contract" within the meaning of the United
States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United States
Bankruptcy Code
10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting
Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs,
counterclaims and other defenses that it is or may be entitled to arising from the Contract.
NAESB Standard 6.3.1
September 5, 2006
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All Rights Reserved Page 9 of 13
10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting
provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith
SECTION 11. FoRcE MAJEURE
11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and lmbalance Charges
under Seclion 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by
Force Majeure The term "Force l\4ajeure" as employed herein means any cause not reasonably within the control of the party claiming
suspension, as further defned in Seclion I '1 2.
11.2. Force Majeure shall include, but not be limited to, the Iollowing: (i) physical events such as acts of God, landslides,
lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods,
washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related
events atfecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe;
(iii) interruption and/or curtailment of Firm transportation and/or storage by Transportersi (iv) acts oI others such as strikes,
lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v) governmental actions such
as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated
by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a
Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance.
11.3. Neither party shall be entitled to the benefit of the provisions of Force lvlajeure to the extent performance is affected by
any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path,
Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of
such covenants or obligations with reasonable dispatch, or (iii) economic hardship, to include, without limitation, Selleis ability to sell
Gas at a higher or more advantageous price than the Contracl Price, Buyer's ability to purchase Gas at a lower or more advantageous
price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this
Contracl; (iv) the loss of Buyeis market(s) or Buye/s inability to use or resell Gas purchased hereunder, except, in either case, as
provided in Section 1 'l.2, or (v) the loss or failure of Seller's gas supply or depletion of reserves, except, in either case, as provided in
Section 11 .2. The party claiming Force Majeure shall not be excused from its responsibility for lmbalance Charges.
11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other
industrial disturbances shall be within the sole discretion of the party expenencing such disturbance.
11.5. The party whose performance is prevented by Force lvlajeure must provide Notice to the other party. lnitial Notice may
be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably
possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved oI its obligation, from the
onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure,
and neither party shall be deemed to have failed in such obligations to the other during such o@urrenc€ or event
11 .6. Notwithstanding Sections 1 1.2 and 1 1 3, the parties may agree to alternative Force Majeure provisions in a Transaction
Confirmation executed in writing by both parties.
SECTION 12. TERM
This Contract may be terminated on 30 Oay's written Notice, but shall remain in effect until the expiration of the latest Delivery Period of
any transaclion(s). The rights of either party pursuant to Seclion 7 6, Sec{ion 10, Seclion '13, the obligations to make payment hereunder,
and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contracl or any
transaclion.
SECTION 13. LrMrrAloNS
FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR IVIEASURE OF DAMAGES IS PROVIDED, SUCH
EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY'S LIABILIry
HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR
IN EOUITY ARE WAIVED. IF NO REIVIEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A
TMNSACTION, A PARTY'S LIABILIry SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL
DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR OAIiIAGES AT LAW OR IN EOUITY
ARE WAIVED, UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARry SHALL BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION
DAMAGES, BY STATUTE, IN TORT OR CONTMCT, UNDER ANY INDEMNITY PROVISION OR OTHERWSE, IT IS THE INTENT OF
THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE I\4EASURE OF DAMAGES BE WTHOUT
REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH
NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE
PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO
DETERMINE, OR OTHERWSE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED
HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.
Copyright O 2006 North American Energy Standards Board, lnc NAESB Standard 6 31
September 5 2006All Rights Reserved Page 10 of 13
SECTION 14. MARKET DrsRUProN
lf a Market Disruption Event has occurred then the parties shall negotiate rn good faith to agree on a replacement price for the
Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties
have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating
Price shall be determined within the next two following Busrness Days with each party obtaining, in good faith and from non-
afiiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and
quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. lf either party fails to
provide two quoles then the average of the other party's two quotes shall determine the replacement price for the Floating Price
"Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index.
"Market Disruption Event" means, with respect to an index specified for a transaction, any of the following events: (a) the failure of
the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or
the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary
or permanent discontinuance or unavailability of the indexi (d) the temporary or permanent closing of any exchange acting as the
index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price has
occurred. For the purposes of the calculation of a replacement pnce for the Floating Price, all numbers shall be rounded to three
decimal places. lf the fourth decimal numberisflve or greater, thenthethird decimal numbershall be increased byone and if the
fourth decimal number is less than five, then the third decimal numbershall remain unchanged
SECTIONl5. MISCELLANEoUS
15.'1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of
the respeclive pa(ies hereto, and the covenants, mnditions, rights and obligations of this Contracl shall run for the full term of this
Contracl. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party
(and shall not relieve the assigning party Irom liability hereundeo, which consent will not be unreasonably withheld or delayed; provided,
either party may (i) transfer, sell, pledge, encumber, or assign this Conlrac{ or the accounts, revenues, or proceeds hereof in conneclion
with any financing or other financial anangements, or (ii) transfer its interest to any parent or Afiliate by assignment, merger or otherwise
without the prior approval ofthe other party. Upon any such assignment, transrer and assumption, the transferor shall remain principally
liable for and shall not be relieved of or discharged from any obligations hereunder.
15-7. lf any provision in this Contract is determined to be invalid, void or unenforceable by any murt having jurisdiclion, such
determination shall not invalidate, void, or make unenforceable any other provision, agreement or crvenant ofthis Contract.
1 5.3. No waiver of any breach of this Contracl shall be held lo be a waiver of any other or subsequent breach.
15.4. This Contrad sets forth all understandings between the parties respecting each transac{ion subjecl herelo, and any prior
contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by
this Contraci and any effective transaclion(s). This Conkacl may be amended only by a writing executed by both parties.
1 5.5. The interpretation and performance of this Contrac{ shall be govemed by the laws of the jurisdiction as indicated on the Base
Contracl, excluding, however, any conflic{ of laws rule which would apply the law o, another jurisdic{ion.
15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any
govemmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contracl or transaction or any provisions
thereof.
15.7 . There is no third party beneficiary to this Contract.
15.8. Each party to this Contrac{ represents and warrants that it has full and complete authority to enter into and perform this
Contracl. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority
to do so and that such party will be bound thereby.
'15.9. The headings and subheadings contained in this Contract are used solely for mnvenience and do not constitute a part ofthis
Contracl between the parties and shall not be used to conslrue or rnterpret the provisions ofthis Contracl
1 5. 1 0. Unless the parties have elecled on the Base Contract not to make this Seclion '15.10 applicable to this Contract, neither party
shall disclose direclly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other
than the employees, lenders, royalty owners, crunsel, accountants and other agents of the parly, or prospective purchasers of all or
subsiantially all of a party's assets or of any rights under lhis Contrac{, provided such persons shall have agreed to keep such lerms
confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to lhe extent necessary for the
enforcement of this Contract , (iii) to the extent necessary to implement any transaclion, (iv) to the extent necessary to comply with a
regulatory agency's reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information
is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any
proceeding of which it is aware which may result in disclosure of the terms of any transaclion (other than as permitted hereunder) and use
reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject
to Seciion 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in mnnec{ion with this
confidentiality obligation. The terms of any transaclion hereunder shall be kept confidential by the parties hereto fcr one year from the
expiration of lhe transaclion.
ln the event thal disclosure is required by a governmental body or applicable law, the party subject to such requirement may
disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure,
Copyright O 2006 North Amerrcan Energy Standards Board, lnc.
All Rights Reserved Page 11 of 13
NAESB Standard 6.3 1
September 5, 2006
and shall cooperate (consistent with the disclosing pa(y's legal obligations) with the other party's efforts to obtain protective orders
or similar restraints with respect to such disclosure at the expense of the other party.
15.11. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a
Transaction Confirmation executed in writing by both parties
15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied,
photocopied, or stored on computer tapes and disks (the "lmaged Agreement"). The lmaged Agreement, if introduced as evidence
on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as
evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial,
arbitration, mediation or administrative proceedings will be admissible as between the parties to the same extent and under the
same conditions as other business records originated and maintained in documentary form. Neither Pa(y shall object to the
admissibility of the recording, the Transaction Confirmation, or the lmaged Agreement on the basis that such were not originated or
maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of
such evidence.
DISCI-AIMER: The purposes of this Contrad are to facilitate trade, avoirl misunderstandings and make more definite the terms of contrads of purchase and
sale of natural gas. Further, MESB does not mandate the use of this Contrad by any party. NAESB DISCLAIMS AND E)(CLUOES, AND ANY USER OF
THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISC]TIMER OF, ANY AND ALLWARRANTIES, CONDITIONS OR
REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WTH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING
ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON.INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR
ANy PARTTCULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR lS OTHERWISE lN FACT
AWARE OF ANy SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY l-AW, BY REASON OF CUSTOM OR USAGE lN THE TRADE, OR BY
COURSE OF DEALING. EACH USER OF THIS CONTMCT ALSO AGREES THAT UNDER NO GIRCUMSTANCES WLL NAESB BE LIABLE FOR ANY
DIREGT, SPECIAL, INCIDENTAL, EXEMPI-ARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT.
Copyright O 2006 North American Energy Standards Board, lnc NAESB Standard 6.3.1
September 5, 2006All Rights Reserved Page 12 of 13
TRANSACTION CONFIRMATION
FOR IMMEDIATE DELIVERY
EXHIBIT A
This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated
terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless othenrise
specified in the Base Contract.
Contract Price: $ /MMBtu or
Delivery Period: Begin:
Performance Obligation and Contract Quantity: (Select One)
lnterruptible:
Up to _ MMBtus/day
subject to Section 4.2. at election of
t Buyer or i Seller
(lf a pooling point is used, list a specific geographic and pipeline location):
Copyright O 2006 North American Energy Standards Board, lnc NAESB Standard 6.3.1
September 5, 2006All Rights Reserved Page 13 of 13
Date:
Transaction Confi rmation #:
End:
SPECIAL PROVISIONS TO THE NAESB BASE CONTRACT
Sequent Energy Management, L.P., a Georgia limited partnership ("Sequent"), and CITY OF
VERNON ("Counterparty") hereby agree effective as of the 1st day of May, 2015 to the following special
provisions ("Special Provisions") to the NAESB Base Contract for Sale and Purchase of Natural Gas
("Base Contract"), which hereby modifies and amends the Base Contract dated and effective as of the
date hereof between Sequent and Counterparty. Unless specifically agreed otherwise in a Transaction
Confirmation, the Base Contract, as modified by these Special Provisions, shall apply to all transactions
for the purchase and sale of Gas between the parties. All capitalized terms not otheMise defined herein
shall have the meaning set forth in the Base Contract.
1. The following new Section '15.13 is added at the end of Section 15:
"When Counterparty enters into a transaction with Sequent, Sequent may be acting as principal for its
own account or acting as agent for a third party, an affiliated utility, or asset management customer(s).
However, regardless of whether it is representing one or more third parties, any of its affiliated utilities, or
one or more asset managemenl customers, the obligations of Sequent shall be the same as if it had
entered into such transaction for its own account and in all instances Sequent shall be responsible for
and obligated as the principal under all transactions."
2. The following new Section 15.14 is added at the end of Section 15:
"ln the event that a new index is published that is more proximate than the existing lndex to the primary
receipt points ("New lndex"), the Parties shall negotiate in good faith to agree upon the appropriate
replacement lndex or whether to utilize the New lndex for such applicable Transaction Confirmation. lf
the Parties are unable to mutually agree upon such applicable change in lndex for such Transaction(s)
Confirmation within three (3) Business Days, then all affected transactions memorialized in any impacted
Transaction Confirmations will terminate two (2) Business days thereafter, unless mutually extended by a
writing signed by both parties.
ln the event current pipeline tariffs are amended or pipeline operating practices are changed and such
changes materially impact the ability to receive and deliver gas, the Parties shall in good faith negotiate
and agree upon applicable changes to any impacted Transaction Confirmations to remedy the effects of
such changes. lf the Parties are unable to mutually agree upon such applicable changes within three (3)
Business Days, then all affected transactions memorialized in any impacted Transaction Confirmations
will terminate two (2) Business days thereafter, unless mutually extended by a writing signed by both
parties."
3. The last paragraph of section 15.10 is deleted and replaced with the following:
Notwithstanding the foregoing, Sequent Energy acknowledges that (a) City of Vernon is a
municipality subject to the requirements of the Brown Act and the California Public
Records Act ('CPRA'), and (b) City of Vernon may be required to disclose
certaininformation regarding the terms of any transaction hereunder betvveen the parties
to the public as part of its approval process. lf the City of Vernon receives a request for
information concerning this Base Contract or the terms of any transaction hereunder
between the parties under the CPRA, City of Vernon will notify Sequent Energy prior to
the date of the required disclosure as to the nature of the request or requirement and
City's interpretation of the applicable disclosure requirements. Sequent Energy will have
the sole obligation at its sole expense to seek a protective order or other appropriate
remedy to prevent disclosure.
lN WITNESS WHEREOF, the parties have executed these Special Provisions to supplement and,
where applicable, to modify and supersede the Base Contract by and between the parties.
SEQUENTENERGYMANAGEMENT,L.P. CITYOFVERNON
Name: James J. Goerig Name: Carlos Fandino, Jr.
Title: Vice President of Risk Control Title: Director of Vernon Gas & Electric
Date. Date:
2
RECtr-N\/ED
APR l5 2015
CITY CLERK'S OFFICE
HEALTH &
RECEIVED
APR , 3 2O'5
CITY ADMINISIRATIONSTAFF REPORT
ENVIRONMENTAL CONTROL DEPARTMENT
DATE:
TO:
FROM:
RE:Request for Authorization to Receive and Spend Grant Funding for the
Beverage Container Recycling and Litter Abatement Activities (City/County
Payment Program) FY 2014-2015
RECOMMENDATION:
A. It is recommended that the City Council find that approval of the request for authority to
receive and spend grant funds in this staff report are exempt from the California
Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general
rule that CEQA only applies to projects that may have a significant effect on the
environment, and it can be seen with certainty that there is no possibility that the activity
in question may have such an effect on the environment.
B. In addition, it is recommended that the City Council adopt the request for authority to
receive and spend grant funds under the Beverage Container Recycling and Litter
Abatement Activities for FY20 I 4 -201 5.
BACKGROUND:
Our department will submit an application to the California Department of Resources Recycling and
Recovery (CalRecycle) for a grant to fund beverage container recycling and litter reduction activities
(City/County Payment Program). The grant monies will be utilized to promote and distribute
recycling and litter reduction information to businesses in the City and at the Vernon Elementary
School. Our department has applied for and received this grant funding for the past fourteen years.
Recently, CalRecycle has announced that, pursuant to Section 1a581(a)(4)(A) of the California
Beverage Container Recycling and Litter Reduction Act, the City of Vernon is eligible for $5,000 in
grant funds for Fiscal Year 2074-2015. Grant guidelines allow for the expenditure of these funds for
up to 24 months from the date of payment. Because litter is an ongoing problem in our city as well
as in neighboring communities, we are proposing to utilize the funds to develop and distribute public
information items as well as to purchase products to promote recycling. The public information
April 21,2015
Honorable Mayor and City Council
Leonard Grossberg, Director d&
efforts would be similar to those used in the Used Oil Recycling Program that has been very
successful for the past several years.
I am attaching the completed application, which will be submitted electronically by the deadline of
June 23, 2015. Please note that a City Council resolution is no longer required by CalRecycle for
acceptance of a grant application, but we will include one anyway.
Upon CalRecycle approving and funding the grant, I propose to utilize the services of KJ Services
for implementing the grant activities. KJ Services has been our consultant on this grant for the past
14 years and continues to provide an excellent service.
FISCAL IMPACT:
No negative fiscal impact is expected by approving this request. The grant funds will benefit the
City by reducing the amount of City funds needed to conduct recycling and litter/cleanup
education programs.
Attachment
Xc: Linda Smith
9cLG:K,/Leonards/Eleverage Container GranU2ll4-2015lRequest to City Council Apr 20l5.doc
RESOI,UTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORTZING THE EXECUTION OF A
GRANT APPLICATION UNDER THE CAIIFORNIA BEVERAGE
CONTAINER RECYCLING AND LITTER REDUCTION ACT TO THE
CAIIFORNIA DEPARTMENT OF RECYCLING RESOURCES AND
RECOVERY (CALRECYCLE)
WHEREAS, t.he st.ate of california has enacted the california
Beverage Cont.ainer Recycling and LiEter Reduct.ion Act that provides
funds to cities and counties for beverage container recycfing and
l-itter cleanup activities; and
WHEREAS, the Caf ifornj-a Departmen! of Recycling Resources
and Recovery (CalRecycfe) has been delegated t.he responsibility for
the administration of Ehe program within the State and setting up
necessary procedures for cities and count j-es or their designee under
the program; and
WHEREAS, Ehe City of Vernon has applied for grant funds under
the program since May of 2000; and
WHEREAS, CalRecycle has announced that the Citsy of vernon is
eligible for Five Thousand Dollars and No Cents ($5,000.00) in grant
funds for fiscaL year 20L4-201-5; and
WHEREAS, pursuant to Section 14581(a) (4) (E) of the California
Beverage Container Recycling and Litter Reduction Act, the eligible
participant must. su-bmit a Funding Request Form by a certain due date in
order to request funds from CalRecycle; and
WHEREAS, by memo dated April 7, 20f5, the Director of Hea1th
& Environmental ConErol recommends that the application for the
Beverage Container Recycling and Litter Reduction grant funds be
approved and executed.
CITY OF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
VERNON AS FOLLOWS :
SECTIoN 1: The City Council of the City of vernon hereby
finds and detsermines Ehat the above reciEals are true and correct.
SECTIoN 2: The City Council of the CiEy of Vernon finds
that this act.ion is exempt under Ehe catifornia Environmental Quafity
Act (CEQA), in accordance with section l-5051(b) (3), the generaf rule
thaE CEQA only applies to projects that may have a significant effect
on the environment, and it can be seen with certainty that there is no
possibil_ity that the activiEy in question may have such an effect on
the environment.
SECTION 3: The City Council- of the City of Vernon hereby
approves and authorizes the electronic submittaL of Ehe "City/County
Funding Request Form (FRF) Fy 2of4/2of5u (\'Form"), in substantially the
same form as the copy which j-s attached hereto as Exhibit A, to the
california Department of Recycl-ing Resources and Recovely for all granE
funds available under the cal-ifornia Beverage contsainer Recycling and
Littser Reduction Act for the period governing the grant program'
SECTION 4: The City Council of the CiEy of Vernon hereby
authorizes the Director of Health & Environmental Conlrol to
electronically execute said Form for, and on behalf of, the City of
Vernon.
SECTION 5: The Director of HeaIEh & Environmental Control
is hereby authorized and empowered to execute all forms necessary to
secure, implement and carry out the purposes specified in section
14581(a) (4)(A) of the California Beverage Container Recycling and
Litter Reduction Act and to provide information regarding this program
to the california Department of Recycling Resources and Recovery, upon
2
request.
SECTION 5: The City Council of the City of Vernon hereby
directs the Director of Health & Environmental, or designee, to submit
a fu]1y executed Form prior to June 23, 201-5, to the California
Department of Recycling Resources and Recovery.
SECTION 7: The City Clerk, oY Deputy City C1erk, of the
Clty of Vernon sha11 certify to the pass?9e, approval and adoption of
this resolution, and the City Cl-erk, oT Deputy City C1erk, of the City
of Vernon shalI cause this resolution and the City Clerk's, or Deputy
City C1erk, s, certification to be entered in the Fil-e of Resolutions
of the Councj-I of this CitY.
APPROVED AND ADOPTED this 21st day of April , 201-5 -
Name:
Title:Mayor / tvtayor Pro-Tem
ATTEST:
City Clerk / Oeputy City Clerk
APPROVED AS TO
City Attorney
3
STATE OF CAIfFORNIA )
) ss
COUNTY OF LOS ANGELES )
t,, City clerk / Deputy City Clerk of the Citsy
of Vernon, do hereby cerEify that the foregoing ResoluEion, being
ResoluEion No.was duly passed, approved and adopted by the
city council of the city of vernon at a regular meetsing of the city
council duly held on Tuesday, April 21, 2Ol-5, and thereafEer was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon'
Executed this day of Apri1, 2015, at Vernon, Cafifornia'
CiEy Clerk / oePutY CiEY Clerk
(SEAI,)
4
EXHIBIT A
GalBecycl e(fi
Vernon
Funding Request Cycle : FY 2014-2015
Status: Pending
City/County Annual Payment Request System
Funding Request
Eligible Funds: 5'000
Total Payment Amount: 5'000
Program Requirements
1) provide a brief description of t!9 g1op.99.{ project(s) that you plan to implement with city/county payment program
funds. Public Resources Code 1458'l (a)(aXB)'
1 . provide beverage container recycling education and outreach to the business community. 2. work with local Elementary
School to increase student's awarene.i of recycling and it's positive impact on the environment'
2) please specify supermarket siting information pursuant to Public Resources Code 14581 (aXa)(F)'
Have you prohibited the siting of a supermarket site? :
No
Have you caused a supermarket to close its business? :
No
Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction? :
No
3) Are you 6 in have you attempted to initiate such mediation or
have you de en e: The answer is for informational purposes and will
not be used tY
No
4) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public
Fiesources Code'14581 (aXaXC).
Yes, I AccePt
Contacts
Name Contact Type Title
Mr. Mark whitworth primary city Administrator (323) 583-8811 x398 mwhitworth@ci.vernon.ca.us
Mr. Leonard Grossberg Funding Request, Director
Secondary
(323) 583-8811 x231 lgrossberg@ci.vernon'ca.us
County
Los Angeles
Addresses
Address
4305 S. Santa Fe Avenue
Vernon, 90058
Address Type
Mailing
Payment
Physical
Activity ExPenditures
Current Activity Group Current Activity ltem Budgeted Funds
Beverage Container Collection Schools - Elementary 2'000
Programs CommunitY Events
SuPPlies - Liners / Bags / Gloves
Recycling Education Schools - Elementary 2'000
Exhibits / Booths
Personnel Contractor / Consultant 1'000
Total: 5'000
Printed: 3/2312015Vernon
Funding Request Detail: CAPRS
City,/CountY Annual Payment and
Reporting System v2,O7.0137 Authonzed Us€ OnlY
tl@g > Fundino Reouests > Funding RequestHome Funding Request Detail: Vernon
Home I Reports I HelP Srgn Out
Contacts Addresses Activities Documents
(2or4 / ts)
Funding RequestFunding
Requests
Documents
I'ly Jurisdictions
Regions Map
Submit Funding Request
1) Provide a brief descraption of the proposed
proiect(s) that you plan to implement with
city/county payment program funds. Public
Resources Code 14581 (a)(3)(B)'
Project Description:
qE
2) Please specify supermarket siting
information pursuant to Public Resources Code
14581 (aX3)(F), (Supermarket sites refer to
certified recycling centers at supermarkets
(PRC 14s26.6))
Have you prohibited the siting of a supermarket
site?: Yes . No
Have you caused a supermarket to close its
business?: Yes ' No
Have you adopted a land use policy that restricts or
prohibits the siting of a supermarket site wjthin your
jurisdiction?: Yes 3 No
3) Are you currently participating in mediation
mandated by AB 5()6, have you attempted to
initiate such mediation or have you declared a
fiscal emergency within the last 12 months?
Notet The answer is for informational purPoses
and will not be used to determine eligibility for
payment funding.
.No
Region Information
Region:6,LosAngeles
Fietd Representative: Tharon Wrroht (916) 324-7237
Backup Rhoderrck Estrada (916) 322-1201
Representative:
4) These funds shall not be used for activities
unrelated to beverage container recycling or
litter reduction, Pubtic Resources Code 14581
(a)(3)(C), Refer to the Citv/Countv Pavment
Prooram Guidelines for a list of eligible
activities.
ication Instructions
address summary information tables appear at the bottom, right of the screen for your convenlence.
Complete items 1, 2,3 and 4 of the Program Requirements section below. For questions regarding eligible funding
activities, reFer to the program Guidelines, by using the hyperlink at the bottom of the Program Requirements section'
Check marks in the Funding Request Checklist sec[ion will turn from red to green as ltems are completed.
To compl application, click o ht of the s ch section' Once
all requir , tf'e "submlt nppli appear at he screen'
Once the 'a summary of the ay be prin ding Request"
tink. For each field, hover t box conta . Contact and
Eligible 5,000 Awarded 0
Funds: Funds:
Status: v Duet06l23l20l5
Date Submitted
Submitted: BY:
Funding Request Checklist
E / runding Request Program Requirements
E / f nter/Validate Primary Contact Information
E / Enter/validate Secondary Contact Information
E / Enter/validate Funding Request Contact Information
E / Enter/Validate Physical Address
/ Enter/Validate Payment Address
/ Enter Activities
I Submit Fundlng Request
Contacts
wPE -lllolF NqEEli
Primary (:z:) ieE-eErr x:ga 31231201
Funding Request, (323) 583-8811 x231 3/23l2ol
fg I Secondary
P"S" 1 of 1 ExPort To Excel Count: 2
Addresses
ry--_ ry+ y+_rparE
,Mailing 31231201
. Payment
Physical
Puga , of , ExPort To Excel Count: 1
Transactions
DATE
ntitlement 7176/2074'
Balance:
Page 1 of 1 Count:1
https://secure.calrecycle.ca.gor,/CAPRS/FundingRequests/Detail.aspx?FundingRequestID... 312312015
2
No, I do not accept'
Funding Request Detail: CAPRS
created by: Wendy Box 7175/20L4 8:7O AM
tast Updatea by: leonard grossberg 312312075 3:O9 PM
ciivlt*r,tv e""rat payment anJnep;rtin9 system https://secure.calrecvcle.ca.oov/cAPRS/
https://secure.calrecycle.ca.gov/CAPRS/FundingRequests/Detail.aspx?FundingRequestlD-.- 312312015
2
REGEIVED
APR I 3 2015
Health and EnwironrnentalControl Departrnent
REGEtsVED
AFR 0 6 2015
CITY ADMINISTRATION
CW o
To: Mark Whitwortll City Administator
From: tronard Grossberg, Director/Flealth Om.", /$
Date: April6,20l5
Re: Transmittal ofHealth & Environmental Contol Departnent Monthly Report
I am forwarding the attached subject report for March 2015 for submission to the City Council. I am requesting
that the report be placed on the normal City Council agenda.
Please let me know if you need additional information.
Attachment
9cLglmydoczllDlmonthly reports/City Admin Transmital Mondrly Report Mar 2015
HEALTH & ENVIRONMENTAL
GONTROL DEPARTMENT
nffir Z}ls
MONTHLY REPORT
Leonard Grossberg, Director / Health Officer
HEALTH DEPARTMENT
MONTHLY REPORT
ENVIRONMENTAL PROTECTION
The month of March is generally quiet, yet this year it was filled with numerous high profile
activities. The Department of Toxic Substances Control (DTSC), announced that "Exide
Technologies," the battery recycling facility in Vernon would not be issued a new operating
permit, and instead would have to undergo closure of the site. The agreement with DTSC
comes after 12 months of negotiations to clean-up the site and some of the surrounding
neighborhoods of lead contamination. The plant has not operated the lead smelting
equipment since March of 2014 while under scrutiny by DTSC and AQMD.
aar
ln a sign of increased business vitality, Twenty-five (25) new occupancy inspections were
conducted by Health Department staff members in March. New businesses will be assisted
with environmental program compliance information.
ata
Senior Environmental Specialist Linda Johnson collected fourteen water samples from the
three potable water supply systems within the City. All of the samples were negative for e-
coli and total coliforms which means that all of the samples met State standards for drinking
water potability.
aal
The City's solid waste consulting firms, MSW Consultants and Ecotelesis, continued to
conduct Sustainability Program activities in March. The Sustainability Program will help the
City and the Vemon businesses to evaluate energy usage, water consumption, and waste
generation practices. Additionally, the firms will assist in establishing an inventory of carbon
emissions. The intent of the program is to promote sound environmental stewardship by the
City and businesses. Senior Environmental Specialist Linda Johnson is the lead person
from the Health & Environmental Control Department in coordinating the Sustainability
Program.
ln March, we started the process of scheduling the annual Vernon E-Waste Collection
event. ln an effort to reduce the Carbon Footprint of holding the event, we are using a local
vendor in order to reduce the amount of miles traveled to put on the event, which in turn fits
into our Sustainability Action Plan outline. on March 17h, the city council approved our
request to schedule the next e-waste event in Vernon on April27th,2015 at Fire Station #1 .
laa
The Green Vemon Commission held its first meeting of the year in March, and re-elected
the chair and vice-chairs for 2015. The Commission also recommended a work plan and
budget for 2015 which will be brought to Council for approval in the coming weeks.
March also was the culmination of the closure activities for the former Thermador site, which
closed escrow at the end of the month after the Cig was able to meet the mandates by
DTSC for the proper closure documentation and filing of the Land Use Covenant by the City.
FOOD PROGRAM
Senior Environmental Specialist Lyndon Ong Yiu issued a "Closure" notice to La Villa
Basque Restiaurant due to major violations and failure to pay its cunent health permits. After
holding an office hearing, the heahh permits were paid up-todate, all of the violations were
brought into compliance, and the permit was re-instated.
TT'
Mr. Ong Yiu also plan-checked 2 new food warehouses, evaluated 3 food processors in the
field, and conducted 2 complaint investigations for illegal food vending.
HAZARDOUS MATERIALS CONTROL
Staff worked on on-going closure activities at former sites in Vemon including Pechiney Cast
Plate on Fruitland Avenue, Kop-Coat on District Boulevard, 4550 Alcoa Ave., 4553 Seville
Ave., Angelus Sanitary Can on Pacific Blvd., and the Thermador site on District Blvd.
Numerous hazardous material emergency incident responses during the month included a
diesel fuel spill at BNSF that was contained on-site, a grease fire at J & J Snack Foods, a
sprinkler release at Famer John Foods, a stormwater release and clean-up in the Los
Angeles River, and another fire at Overhill Farms in the overhead ducting system.
raa
Senior Environmental Specialist Jerrick Torres completed four reviews for Risk Management
Plans (RMP) facilities and issued written "Notice & Orde/'to three facilities that had failed to
submit a S-year RMP reviews in a timely manner.
ala
Chief Deputy Director David LeDuff, Senior Environmental Specialist Jenick Tones, and
Environmental Specialists Erik Cheng all attended the "Urban Pest Control Management
Conference" held at UC Riverside. The training is required to maintain their annual license
registrations and continuing education hours current.
STORM WATER PROGRAM
Senior Environmental Specialist Jerrick Torres made a refenal to the Regional Water Board
for 3200 Slauson after conducting a LID feasibility study and SWPPP review for stormwater
intrusion.
UNDERGROUND STORAGE TANK PROGMM
Staff observed testing and certification activities at several underground tank facilities
(Robertson's, AM/PM, and Erc<on), which is required annually at UST sites. Staffalso
assisted the Public Works Dept. with its annual 461 Vapor Monitoring testing at the fueling
yard.
SOLIDWASTE PROGRAM
Senior Environmental Specialist Linda Johnson continues to monitor and conduct routine
inspections at the one solid waste transfer station permitted in Vemon. The last inspection
resulted in no violations and no areas of concem (inspections are conducted monthly).
Senior Environmental Specialist Linda Johnson prepared 2 Administrative Enforcement
Orders (AEO's) for failure to submit CERS documentation in a timely manner; conducted a
Show Cause meeting wilh Catalina Pacific Concrete for an underground storage tank
violation; and also with Oseguera Trucking for failing to repair its tank violations. AEO's and
Show Cause notices may result in fines and penalties when not properly conected.
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
Department of Toxic Substances Contro!
News Release
March 12,2015
DTSC ANNOUNCES ORDER TO CLOSE EXIDE FACILITY AND
STEPS TO PROTECT COMMUNITY WITH ENHANCED CLEANUP
SACRAMENTO - The California Department of Toxic Substances Control (DTSC)
announced it will issue an order today that will safely close the Exide Technologies battery
recycling plant in Vernon and provide for enhanced cleanup of residential properlies in the
surrounding community
Last month, DTSC initiated the process of denying the company's permit application. After a
detailed review of the facility's record and its permit application, the department notified
Exide lhat it had concluded thal the facility cannot operale in compliance with California's
safeguards to prolecl public health and the environmenl. The order to close lhe facility will
become an amendment to a DTSC order issued November 20'14
A key concern in DTSC's discussions with the company over recent weeks has been
Exide's ability to ensure adequate funding for safely closing the facility and the complete
cleanup of lead contamination in the surrounding community The company has been in
Chapter 11 bankruptcy protection since June 2013.
An agreement with the U.S. Department of Juslice, expected to be announced today, will
help ensure that the company provides funding to meet its obligalions. Under the
settlement, Exide will avoid criminal charges related to its operalion of the plant, in
exchange for agreeing to close the facility in compliance with DTSC requirements.
"We have been working on a plan for closure for a number of weeks" said DTSC Director
Barbara Lee. "ln keeping with our commitment to the community, our priority now is to
ensure the safe closure of ihe Exide plant and to complete the cleanup of contaminated
yards in the surrounding neighborhoods."
DTSC's decision to close the plant was based on several lactors, including the facility's
incomplete application following several notices of deficiency, inability to meet safety
standards, failure to cerlify the structural integrity of a containment building used to hold
hundreds of tons of lead, and poor history of compliance with environmental and health
protection laws.
"DTSC will use every tool and legal mechanism at its disposalto ensure that Exide's
remaining resources are used to properly close the facility and clean up contamination in
the residential area," DTSC Director Lee said. As demonstrated by recent cleanup work in
the community and on the company's property, DTSC has worked to hold Exide responsible
for removing the contamination caused by the plant with no additional cost to taxpayers
DTSC's November 2014 order required Exide to set aside a total of $38.6 million including
an existing $1'l million surety bond for safely closing the plant, and a total of $9 million for
cleanup of the two neighborhoods. Under the order, Exide deposited 92.75 million into a
closure financial assurance fund, and $3 million into a trust fund for residential cleanup. The
order specified when additional funds would be deposited into those funds.
ln the past two years, DTSC took several enforcement actions against the facility beginning
with a suspension order in April 2013; a $'l .3 million fine in November 2014; and most
recently a statement of violations, including illegal treatment of hazardous sludge, in
January 2015.
The facility has not operated since March 2014. While the facility remains shut down, DTSC
will continue to have its inspectors on-site when work is being performed as directed by the
department's orders.
ln 2013, DTSC determined that the Exide facility was responsible for lead contamination in
the yards of two residential neighborhoods that the South Coast Air Quality Management
Dishict determined were the most likely impacted from Exide's operations. DTSC ordered
Exide to sample and clean yards that exceeded California's strict standards for lead
contamination in soil. This sampling is occurring at 216 residential properties in two
neighborhoods; several properties contain more than one residence. Sampling has been
completed on 152 properties: three did not require cleanup; 38 have completed cleanup; 77
are awaiting cleanup; and data is being analyzed on the remaining 34. Owners of 64
properties have not yet agreed to sampling.
Under DTSC's orders, Exide remains responsible for the cleanup of lead in the two
residential neighborhoods, as well as the cleanup of contamination on its property at2700
South lndiana Street in Vernon. Exide is also under orders to investigate and clean
contamination in the industrial area adjacent to its facility.
The company is required under a 2002 order to clean up residential, industrial and other
areas impacted by the facility. DTSC is currently overseeing an investigation to determine
the extent of contamination on- and off-site. DTSC's has ordered Exide to conduct a
Corrective Measures Study to determine the best remedy for cleaning up all such
contamination.
The Exide Technologies facility recycled lead from used automotive batteries and other
sources. The Vernon plant typically recycled about 11 million batteries annually.
Exide operated under the Resource Conservation and Recovery Act (RCRA) as an interim
status treatment and storage facility. DTSC's predecessor, the Toxic Substances Control
Program, a program within the California Department of Health Services (DHS), issued an
lnteiim Status Document to a predecessor to Exide on Dec. 18, 1981 . Exide acquired the
facility in 2000.
Between 1990 and 2015, DTSC levied a total of about $2 million in penalties against Exide
and its predecessors in 10 separate enforcement actions, of which $1 .3 million came from
the November 2014 order. These enforcement actions cited more than 100 violations of
California's hazardous waste laws.
gcLG: l(Leonard/Health DepyMonthly Reports/2o1s/Monthly March 2015 doc
RECtrllrED
APR 1 3 .ict5
CIIY CLEIiKS OIIICE
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vernon, Califomia 90058
Telephone (323)587-5777 Fax (323) 82G7487
April 1,2015 RECEIVED
APR 0 I 2815
CITY ADMII{ISTRATIONHonorable City Council
City of Vernon
Vernon, California
Ilonorable Members:
Attached are copies of the Vernon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 &.ffi., March
16,2015 up to and including midnight of March 31,2015.
Respectfully submitted,
VERNON POLICE DEPARTMENT
/i
,'-Ll eruJ) Cr'trIi"-
DANIEL CALLEROS
CHIEF OF POLICE
DC/dr
Eachsivety lnttstlio[
VERNON POLICE DEPARTMENT
D ep artment Activity Rep ort
lurisdiclion' vERNoN
Fhst Due: osn6r2oto
Last Due: osrlrr:lor6
Deparlmenl Complainl
Type Descriplion
All Units Primary Unit
106
1G96H
1G96M
166R
20002
20002R
21'.|
21't S
242
242R
273.5
4't5
417
422
422R
4594
459R
459S
476R
4U
484R
487
487R
s03R
586
586E
594
594R
602
647F
90'l
90'tT
9027
909C
909E
911
91 1A
92OPR
925
927
AB109
ASTVFD
BOSIG
BOVEH
CITCK
CIVIL
CODE5
coP
PICK UP THE JAIL PAPER WORK FROM HP JAIL
1G96 i,ARY OI/IAIL OETAIL)
COURT ORDER VIOITTION REPORT
NON.INJURY HIT AND RUN
NON-INJURY HITAND RUN REPORT
ROBBERY
SILENT ROBBERYAIARM
BATTERY
BATTERY REPORT
DOMESTIC VIOLENCE
DISTURBING THE PFICE
BMNDISHING A WEAPON
TERRORIST THREATS
TERRORIST THREATS REPORT
AUDIBLE BURGI-ARY AI-ARM
BURGI-ARY REPORT
SILENT BURGTARY AI.ARM
FMUD REPORT
PETTY THEFT
PETTY THEFT REPORT
GMNDTHEFT
GMND THEFT REPORT
EMBEZZLEMENT REPORT
PARKING PROBLEM
PARKING ENFORCEMENT
VANDALISM
VANDALISM REPORT
TRESPASS
DRUNK IN PUBLIC
UNKNOWN INJURY TMFFIC COLLISION
INJURY TMFFIC COLLISION
NON.INJURY TRAFFIC COLLISION
TRAFFIC CONTROL
TMFFIC ENFORCEMENT
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
LOST PROPERTY REPORT
SUSPICIOUS CIRCUMSTANCES
UNKNOWN TROUBLE
PROBATION / PAROLE COMPLIANCE CHECKS
ASSIST VERNON FIRE DEPARTIvIENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SURVE I LI.ANCE/STAKE-OUT
COP DETAIL
116
2
4
1
4
15
4
4
3
2
5
33
8
5
5
92
2
3
3
4
o
3
3
3
37
3
11
o
7
oI
8
49
1
11
4
17
4
29
4
2
24
4I
13
3
1
2
108
2
4
I
)
l0
I
I
I
I
I
ll
I
I
2
47
2
I
2
I
6
I
)
J
26
3
4
5
,)
2
2
J
28
I
l0
2
l3
J
13
I
I
9
I
7
l0
I
I
I
U/01/2015 10:51:16 Page of
WRNON POLICE DEPARTMENT
Department Activity Report
furisdiclion' vERNoN
First Due: o3rt6filot5
Lost Dote: o3r3tfitotG
Department Complaint
Type Descriplion
All Units Primary Unil
DARE D.A.R.E. ACTIVITIES
DET DETECTIVE INVESTICIATION
2
7
4
4
5
35
1
20II
3
2
1
5
21
12
57
30
5
5
13
2
1
4
17
354
86
22
4
13
I
4
3
2
)
3l
I
9
5
3
5
I
I
5
5
6
37
l6
5
)
6
)
I
I
7
242
52
l8
2
5
JAILPANIC TESTTHE JAIL PANIC AI-ARIU BUTTON
K9 TRAINING K9 TRAINING REMINDER. OBTAIN LOCATION
LOCATE LOCATEO VERNON STOLEN VEHICLE
DETAIL
DPTAST
DUI
FILING
FOUND
FU
GTAR
HBC
LOJACK
LPR
PAPD
PATCK
PEDCK
REPO
RR
SHOTS
SPEED
TRAFFIC STOI TMFFIC STOP
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
\/I\,lCVlO
WELCK
DETA!L
DEPARTMENTAL ASSIST
DR]VING UNDER THE INFLUENCE
OFFICER IS 106 REPORTWRITING
FOUND PROPERTY REPORT
FOLLOW UP
GMNDTHEFTAUTO REPORT
HA]LED BYA CITIZEN
LOJACK HIT
LICENSE PIATE READER
PUBLIC ASSIST-POLICE
PATROL CHECK
PEDESTRIAN CHECK
REPOSSESSION
RAIL ROAD PROBLEM
SHOTS
SPEED CONTEST OR SPEEDING (23109)
PRSTMN PRISONERTMNSPORTED
RECDAIIRIi TESTTHE RECORDS AI-ARM
RECKLESS DF RECKLESS DRIV]NG (23103)
VERNON MUNICIPAL CODE VIOI-ATION
WELFARE CHECK
Department:1348 839
Overall:1348 839
0401/2015 10:51:16 Page of
VERIION POLICE DEPARTMENT
Police Activity Report
Period Ending: 03/31/15
TRAFFIC COLLISIONS
TOTAL
NON-INruRY
INruRY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
VEHICLES STORED
Unlicensed Driver
Abandoned/Stored Vehic le
Traffrc Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BY ARREST
ARr5-065 CRls-047s 1460r.2(A) VC
ARls-067 CR15-0501 s94(AX2) PC
PROPERTY RECOVERED
VEHICLES: $0.00
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: $2,000.00
NO.
15
10
5
J
J
27
ll
1
6
t37
25
168
79
58
ARl5-068 CRl5-0511
ARl5-070 CRl5-0330
ARl5-071 CRl5-0469
ARl5-072 CRl5-0555
ARls-073 CRls-0556
422PC
459 PC
2IIPC
472PC
23109VC
ARls-074 CRls-0s60 261(AX1) PC
VERNON POUCE DEPARTMENT
REPORT FOR PERSONS ARRESTED
PERIOD ENDING 03/31/15
MALE FEMALE TOTAL
ASSAULT WIT|I A DEADLY WEAPON
BURGLARY 1 1
CRIMINAL THREATS
DOMESTIC VIOLENCE
DRIVING UNDER THE INFLUENCE
FORGERY 1 1
GRAND THEFT
POSS. STOLEN PROPERTY
RAPE 1 1
ROBBERY 1 1
VEHICULAR MANSLAUGHTER
VEHICLE THEFT
TOTAL FELONY ARRESTS 4 o 4
MALE FEMALE TOTAL
BATTERY
CRIMINAL THREATS
DRIVING ON A SUSPENDED UCENSE 1 1
EXCESSIVE SPEED 1 I
PETTY THEFT 1 1
POSS. CONTROLLED SUBSTANCE
POSS, NARC. PARAPHERNAUA
TRESPASSING
VANDALISM 1 1
WARMNTS (BENCH/TRFC)
WARMNTS (FOREIGN)2 2
TOTAL MISD. ARRESTS 6 0 6
MALE FEMALE TOTAL
BURGLARY
PETry THEFT
POSS. STOLEN PROPERTY
VANDAUSM
VEHICLE THEFT
rOTAL JUVENILES DET.0 0 0
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:65
VERNOIY POLI CE DEPARTMENT
Call Log Report Type AA Unil Times and Location with OCA,s
lurisdiction. vERNoN
First Date: mn6r2ots
Lasl Date: o3rr6r2ols
Call Number Disp Ten Received Caller
AddressCode Comolaint anil Time
TMFFIC STOP FRUITIAND AV // ALCOA AV. VERNON
Enroute OnScene
07:06:21
Arrive Remove
VPD HERREM.GUSTTIL3
VPD REYNA.JOSE S 218
RPT
VI
594R
52Dl/AI.AMOAV. MAHY
VPD MMOS.JOSE '2L11
4455 FRU]TITND AV. VERNON
VPD NEWTON.TODD '2L12 10:44:05
VPD RAMOS.JOSE 2L11
10:44:05
10:51:31
11:30:45
l1:30:45
03/17/2015 01:53:0(Page of
06:37:28
TRAFFIC STOP
II
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA,s
Jurisdiction' vERNoN
First Date: ogtltt2ols
Last Date: o3t1l2o1s
06:21:15
PACIFIC BL // 46TH. VERNON
VPD GAYTAN.LORENT2LI2
20002R E DISTRICT BL // LOI/I,A VISTA AV. VERNON
VPD MADRTGAIi:IiIARr2L,I 1 08:08:10
0311712015 10:41:18
211
FARHAN ENTERPRISES
2916 S SANTA FE AV, VERNON
03/18/2015 05:05:3i Page of
Call Number Disp Ten Received
Code Comolaint
Caller
Address flnit Tino
3
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA,s
furisdiction vERNoN
First Date: o3t17t2o1s
Lasl Dole: ogt17t2o1s
CaIl Number Disp Ten
Code
Received
Comolaint
Coller
Address Unit Time
211
0311712015 12:22:03
TMFFIC STOP
Unil
FARHAN ENTERPRISES
2916 S SANTA FE AV. VERNON
GAYTAN.LORENT2L12
MMOS.JOSE 2L10
MADRIGAL.MART2L1 l
NEVI/TON.TODD M1
Enroule OnScene Deparl Arrive Remove
VPD
VPD
VPD
VPD
1O:41:24
10:41:28
10:42:11
10:42:25
'10:46:37
10:45:23
'12:22:03
12'.23:46
12:25:55
11'.17:32
1'l,,21l.31
I 1:15:18
12'25156
11:27:56
VPD
VPD
VPD
VPD
STATE // SI.AUSON. VERNON
NEWTON.TODD 'M1
MADRIGAL.MARI/2L.II
GAYTAN.LORENaL12
ZAPIEN.DAVID 252
REpO 0311712015
,,+1-i. :il, _,',,;_ .:n;,if l!.lt-,1 jif p6
r:rj'. :.' :--1.',r;:,.'-,.
14:05:31 JC RACKSI .;Fsea ntcbn n(,ir1F1!pry,ii'1
VPD RECORDSBURE/RECD
I : e ssrf ir5nruTA:5e,nv, vERNoN
VPD GAYTAN.LORENT2Ll2
03t17t2015
TRAFFIC STOP
15:20:26
CITE
VI
0311712015 15:30:28
TMFFIC STOP E 55TH // SANTA FE AV. VERNON
VPD GAYTAN.LORENT2L1?
03/18/2015 05:05:37 Page of
12'.49i24
12'.49:24
12:49:24
14:54:34
2 3
VERIYON POLICE DEPARTMENT
Call Log Report Type Alt tlnit Times and Locorion with OCA,s
Jurisdiclion vERNoN
First Date:
Last Dale:
03,17t201s
0il17t2015
Call Number Dtsp Ten
Code
Received
Comoloint
Caller
Address
Officer Remove Como
10345I.A REIM. DOWNEY S/A H
VPD GMY.BMNDON'DSAM 15:38:50
201s0304640
CITE
VI TMFFIC STOP
E VERNON AV // SANTA FE AV. VERNON
VPD MADRtGAL.MARlr2L.II
VPD MMOS.JOSE 2L1O
VPD GAYTAN.LORENZLl2
VPD NEI/VTON.TODD Ml
E 55TH //AI.AMEDA. VERNON
VPD GAYTAN.LORENT2LI2
i
VPD : ESTRADA.IGruACFISI
VPD,' : DOCHERTY,'ITICH L3
VPD SANTOS.DANIEL lXSl
' : 22.33:22,
22:4224. 22:48jOO','
22:33:29
,?itll
23i22:50
N/|&nMS 05:05:3i
Page
RPT
92OPR
LPR
li:: ,
3 of 3
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction vERNoN
Firsl Date: osllut2ols
Last Date: ogtlutzols
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
C;TE 0311812015 07'.54:44
Vt TMFFIC STOP PACIFIC BL // SANTA FE AV, VERNON
VPD GAYTAN.LOREN2"2LlO
09:02:07
10:17:59
10:37.,2'l
'lO:37:21
0311812015 10:14:10
TRAFFIC STOP E SI.AUSON AV // DOWNEY RD. VERNON
VPD GAYTAN.LORENP2LlO
wo. i. vRttovER.DoNAlKg2
VFD-.|. NEWTON.TODD Ml
03/19/2015 01:59:53 Page
08:19:04
of1 2
VERNON POLICE DEPARTMENT
CaIl Log Report Type AA Unit Times and Location with OCA,s
furisdiction' vERNoN
Firsl Date: o3tlot2ois
Last Date: outSr2olg
Call Number Disp Ten
Code
Received
Comolaint
Calkr
Address Unit Time
0311812015 15:35:11
TRAFFIC STOP S AI.AMEDA // 52D. VERNON
VPD GAYTAN.LORENzzLlO
3121 FRUITI.AND AV. VERNON
VPD RECORDS BUREfRECD
zozAYA.usoAB .rr-z
DOCHERTY.i'ICH1L1
VAIENZUEI.A.FEI1L3
HERMNDEZ.EDVILS
ESTRADA.IGNACI.ISI
.VPO
VPD
VPD
VPD
VPD
'17:35:09
20:02:53
20:02'.54 20:03:10
EYI.AN ROAD SERVICE
21:19:52
21i15ib2
20:46:45
20:46:.12
21:02:24
BngnfiS O1:59:53 Page
16:41:08
17:35:(X
18:17:01
REPO
20:05:14
20:05:49
20:19:36
E 55TH /' AIAMEDA. VERNON
4820 E sOTH. VERNON
of 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times ond Location with OCA,s
furisdictiont vERNoN
First Dale: o3l19t2o1s
Last Date: o3fi9r2ol5
Call Number Disp Ten Received
Code Comolaint Unit Time
Caller
Address
20150304801
1015
RPT
VI
O3n9nO15 23:'18:02
TMFFIC STOP
VPD RECORDS BURE/RECD
CONTROL ROOM JAROD
S SOTO II26TH, VERNON
VPO MADRIGAL.MART2LS
VPD CERDA.EUGENI02L2
14:03:38
S SANTA FE AV // VERNON AV. VERNON
VPD HERREM.GUSTfIL9
VPD VASQUEZ.LUIS 1L12
DOWNEY RD // LEONIS BL. VERNON
VPD HERREM.GUSTTIL9
VPD VALENZUELA.FEIlLlO
15:02:01
14:03:43 '14:1'l:21
14:23:55
22:21:33
22:21:33
00:33:57
N/20nU5 03:31:23;Page
TRAFFIC STOP
1of
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
furisdiction' vERNoN
First Date: oil2otzo1s
Lasl Date: o3t2ot2o15
Call Number Disp Ten Received
Code Complaint
FARHAN ENTERPRISES
2916 S SANTA FE AV. VERNON
OCA Number
Coller
Address flnit Timo
S SANTA FE AV // FRUITTAND AV. VERNON
O3l2Ol2O15 10:38:45
594R
02:47:38
19:49:59
19:24:21
19:31r36
19:5'l:50
11:20:'16
21:03:56
21:03:56
21:03:57
20150304844
RPT
VPD VELASQUEZ.RICP2L1 10:40:'18
,. . ,;..;i'ji j,..,:,;.i...i,,::,..:,.,i,ri"<jitli rxfi::',, ,, r: _.1:,,i: ;,,. i, . t,,.:' ir"",
O3l2Ot2O15 17:40:48 COMpLETE CLOTHTNG
417 4950 E 49TH. VERNON
VPD VEI.ASQUEZ.RICT2Ll
VPD VALENZUEI.A.FEIILlO
VPD VASQUEZ.LUIS 111.I
VPD HERNANDEZ.MIGIL.I2
VPD PEREZ.NICK 1S1
VPD CERDA.EUGENIO2L2
VPD CERDA.PAUL.JR 213
VPD RODRIGUEZ.FER2S2
O3l2Ol2O15 19:28:42
TMFFIC STOP DOWNEY RD // SUUSON AV. VERNON
VPD HERRERA,GUSTfIL9
VPD HERNANDEZ.MIGlLl2
RPT
VI
CITE
Bn1/2015 02:39:01 Page of 2
IlERNON POLI CE DEPARTMENT
Coll Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: O3t2,t2o15
Last Dale: o3t2ot2o1s
Call Number Disp Ten Received
Code Comolaint
Caller
Address Ilnit Time-
Enroute OnScene
CITE
VI
RPT
5 20'.17:.'15
TMFFIC STOP MILES // BELGRAVE. VERNON
VPD HERNANDEZ.MIG'1112
VPD HERRERA.GUSTIIL9
20'.17"16
20:.17'.51 20:19:18
21:'lO'.21
2l:10:22
03/21/2015 02:39:01 Page
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: o3t21t2o1s
furisdiction' vERNoN Lost Date: ou21t2o1s
Call Number Disp Ten Received
Code Comolaint
Caller
Address
VPD CHAVEZ.CELEST2Ll
VPD MMOS.JOSE 2L3
Unil Time
5,I07 S DISTRICT BL. VERNON
484R 2O3/E27TH, VERNON
VPD CHAVEZ.CELEST'2LI 15:00:39 15:00:40 15:09:14
11:34:50
16: l9:44 15:21:5'l
16:32:28
11:59.42
RpT O3l21l2O'15 16:19:14 Ct RA :
DpTAST E vERNoN AV // DowNEy RD. vERNoN D eDarlmenr OCA IYumbEr \, n*ts tui*vPD CR2or5o499 ' CA0i973oO
VPD REYNA.JOSE S '2L2 16:.19'.42 16:19:42 16;21:46
16:19:1 1
17:11:.15
17:07:05
17:07:06
03/22/2015 01:22:0t Page I ol I
VS 03D112O15 11:34:50
VCK RMS Jaris
cA0197s00
VERNON POLI CE DEPARTMENT
Call Log Report Type AA Unit Times and Locotion with OCA's
furisdiction' vERNoN
First Date: o3t22t2o1s
Last Date: o!22t201s
Call Number Disp Ten Received
Code Comolaint
20150304943
RPT
20150304944
't 0't5
RPT
Caller
Address
VPD HERNANDEZ.MIqILS
VPD HERNANDEZ.MIGILll
VPD SWINFORD.PHILI,ILl2
VPD PEREZ.NICK 151
Unit Time
S DISTRICT BL // ATI.ANTIC BL. VERNON
OCA Number
cR20150502
RMS tarls
cA0197300
22:10:13
RMS Jurls
cAolg73oo
22:31:54
23:55:56
22'.43:11
17:40:46
22:41:42
00:1 1:1521:22:17
21:.22:'|8
03/23/2015 01:01:0t Page of
TRAFFIC STOP
Enroule OnScene Arrive
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unil Times and Location with OCA,s
furisdiction. vERNoN
First Date: @t23t2015
Last Date: ou2u2ois
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
DeD Olli.2t An Disqatch Enroule Onsce^e DeDart Aftive Remore Como20150304966 : r..rli. :rr.
20150304979
CITE
VI
201s0304983
CITE
VI
..t,...;.-.,,- :, t.," -
20150304986':,
RPT
CITE 03n312015 07:02:59
vt TRAFFTC STOP S AI.AMEDA II25TH, VERNON
VPD GAYTAN.LORENT2LI2
$n312015 09:00:08
TMFFIC STOP E 49TH // SANTA FE AV. VERNON
VPD GAYTAN.LORENT2Ii2
":,1i'l :l'1::;'.. - ',-r,rl, ;::iii.l:1,, yffi{j*i1r,..j,::y'.;:,,, :i.1;. i:''ir.:i;:i:'''. . . .. 1.....a :'.. --,.r.'.
O3l23nO$ 09:47:29
TMFFIC STOF' E 48TH // SANTA FE AV. VERNON
VPD GAYTAN.LORENT2LI2
TMFFIC STOP 42 //AI.AMEDA. VERNON
VPD GAYTAN.LOREN?2112
07:49:36
Nn4/2015 05:02:22
TRAFFIC STOP S SANTA FEAV II57TH. VERNON
Page ol 3
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: oit2s2o1s
Last Date: ou23t2o1s
Call Number Disp Ten Received
Code Comolaint
CITE
VI
RPT 2L1'I
1015
VPD GAYTAN.LORENT2L,I2
03123D015 14'.14:19
TRAFFIC STOP S SANTA FEAV//ssTH. VERNON
VPD GAYTAN.LORENT2L12
1 1:26:59
Caller
Address Ilnit Time
15:33:03
17:12:5O
17:'12:50
0312312015 14:38:20 FRANCTCSO
422 2727 EVERNON AV. VERNON
VPD ZAPIEN.DAVID '2S2 14:39:53
VPD RAMOS.JOSE 2L11
VPD REYNA.JOSE S 218
VPD WINEGAR.JERRY2L92 14:39:55
VPD MARTINEZ.GABR5D3l
VO;D O3n3l2O15 14:.53''24
242
JON COLLIER
E52D IISANTA FE AV. VERNON
VPD GAYTAN.LORENT2L12
VPD RAMOS,JOSE 2L11
VPD ZAPIEN.DAVID 252
Nn42015 05:02:22 Page ol 3
VERNON POLICE DEPARTMENT
Csll Log Report Type All Unit Times and Location with OCA,s
furisdiction. vERNoN
First Date:
Last Date:
03t23t2015
03t23t2015
Call Number Disp Ten Received Caller
AddressCode Comolaint
4820 ALCOA AV. VERNON
VPD GAYTAN,LORENP2LI2
Enroute Onscene
19:02:18
Arrive Remove
0312312015 19:00:17
20002R
MARIAOROZCO
5OI5 E DISTR]CT BL. VERNON
-lLrlVPD
16:22:06
19:02:05 20:53:37
N/2A2U5 05:02:2i Page of 3
YEKNON POLICE DEPARTMENT
Csll Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: ott24t2o1s
Last Date: oa,t2l,ti2ols
Call Number Disp Ten Received
Code Comolainl
Caller
Address Ilnit Time
RpT 0312412015 08:03:42
't015 TMFFIC STOP BICKETT // SIAUSON AV. VERNON
E 45TH // SEVILLE AV. VERNON
VPD GAYTAN.LOREN?2II1
VPD WINEGAR.JERRUL92
VPD ZAPIEN.DAVID 252
VPD MARTINEZ.GABR5D3I
'14:24'.41
'14'.24:41
14:24:41
201s0305046
CITE
VI
201s0305056
CITE
VI
20150305061
RPT
1015
VI
03/25/2015 01:08:2(Page
13:06:34
of 2I
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unil Times and Location with OCA,s
Jurisdiction vERNoN
First Date: oot21t2o1s
Last Date: oil21t2o1s
Call Number Disp Ten Received Caller
AddressCode Complaint Unit Timc
E VERNON AV // SANTA FE AV. VERNON
'13:04:33
13:05:47
13:11:57
20:21:10
20'.21:.11
201s0305078
RPT
VI
CITE
zorsoio'soaz
1015
'15:07:39
'|,5:O7:47
DeDarlment OCA NambervPD CR20150522
16:40:46
29OO S ATI.ANTIC BL. VERNON
VPD RECORDSBURE/RECD
0312412015 18:05:43
TMFFIC STOP ilTH II MAITBAR. HUNTINGTON PARK
18:45:25
19:45:20
20:01:.41
B/25nU5 01:08:21 Page of 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Locotion with OCA's
Jurisdiction' vERNoN
First Dae: o3t2st2ois
Last Date: o3nslaois
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
20150305098
VREC
20150305117
CITE
VI
0312512015 02:25:58
LOCATE
Unit
BELL GARDENS PD
7614 EMIL AVE. BELL GARDENS
Disoatch Enroute OnScene Remove
'16:01:.2'l
16:2'l:O2
15:47:46
16:2&32
16:.28:32
20150305125
RPT
TRAFF]C STOP 2ND // I-A REINA. DOWNEY
VPD NEWTON.TODD 'M1
VPD MADRIGAL.MARI/211I
VPD VEI-ASQUEZ,RICI2L12
VPD ZAPIEN.DAVID 2s.2
VPD VANOVER.DONAIKg2
DeDarlment
VPD
15:25:13 15:28:50
15:27:OG 15:37:09
15:26:53 '15:28:25
15:37:.29
15:37:'l 1
Bn6/2015 05:02:12 Page of
901
I 2
vERtttoN P0LICE DEPARTMENT
Csll Log Report Type AA Unit Times and Location with OCA,s
furisdiction vERNoN Lasl Dale: o3t2stzois
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Timc
0312512015 15:47:34
TMFFIC STOP
201s030s14r
VI
CITE
RPT
2015030s143 '
RPT
VI
CITE
SANTA FE // BELGMVE. VERNON
VPD GAYTAN.LOREN?218
E 55TH //AI.AMEDA. VERNON
VPD GAYTAN.LOREN?218
VPD ]I/IADRIGAL.MART2L1l
VPD 'IL'12
VPD STEVENSON,KET\Kg1
18:50:1 'l I 8:53:43
l9:00:42 19:05:29
18:51:06 18:58:54
19:24:27
20'.04:10
20'.04:10
T-MOB|LE (877) 653-791 1
Nn6/2015 05:02:11 Page of
2015030s135
Arrive
VOID 218
22
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
lurisdiction' vERNoN
FirstDale: ogt26,t2o1s
Lasl Date: o3t26,t2015
Call Number Disp Ten Received
Code Comolaint
Caller
Address
VPD VANOVER.DONAI-Kg2
VPD VEI.ASOUEZ.RIC}2L12
Unit Time
0312612015 'l'l:07:.15
20002 S AI.AMEDA // 38TH. VERNON
0312612015 14:56:03
GTAR 3278 E SI.AUSON AV. VERNON
12..',t9,'28
14:.56:.42
15:15:39
166R 5375 S BOYLE AV. VERNON
VPD MAORIGAL.MART2L'I1
03/26n015
9027 E VERNON AV // AIAMEDA. VERNON
'16:31:14
B/27nUS 02:17:23 Page
TMFFIC STOP S SOTO il 54TH, VERNON
of 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Dale: o3t26t2o1s
Last Date: o3l26t2ots
Call Number Disp Ten Received
Code Comoloint
Caller
Address
S SANTA FE AV // 52ND. VERNON
VPD HERREM.GUSTTIL2
VPD I.ANDA.MFAEL 111 21:42'.17
21:42:12
21'.48:07
22:26:20
22:.26:.20
B/27nU5 02:17:23
Unit Tino
20150305201
TMFFIC STOP
2
VERNON POLICE DEPARTMENT
Coll Log Report Type AA Unit Times and Locotion with OCA's
furisdiction' vERNoN
First Date: ogt27t2o1s
Last Date: o3t2il2o1s
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
01:03:49
01:03:49
20150305246
RPT
10:51:49
03/28/2015 04:06:13 Page
O0:41:56
CITE 111
RPT
O327DO15 00:21:09
TMFFIC STOP
of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiclion' vERNoN
First Date: oyl2?tzois
Lasl Dale: o3t2tt2o1s
Call Number Disp Ten Received
Code Comolaint
Caller
Address
TMFFIC STOP S SOTO // VERNON AV. VERNON
VPO IANDA.RAFAEL 112
03/28/2015 04:06:4i Page ol
llnit Timo
20150305265
Enroute OnScene
VERI,{ON POLICE DEPARTMENT
Coll Log Report Type All Unit Times and Location with OCA's
lurisdiction vERNoN
First Date: oSt2ot2ols
Last Date: o3nol2ois
Call Number Disp Ten Received
Code Complaint
20150305280
VI
CITE
RPT
Caller
Address
VPD HERREM.GUSTTIL3
VPD DOCHERTY,MICHILIO
VPD VALENZUEI.A.FEIlL9
anil Time
S D]STRICT BL // ATI.ANTIC BL. VERNON
VPD HERREM.GUSTTIL3
VPD DOCHERTY.MICHlLlO
,'.'l;|11,.',:l:.,-.'..|.:.ll;-(fli.ii.1lii..'.-.l.,.,l...
O3nBl2O15 03:51:25
TMFFIC STOP 4735 E DISTRICT BL. VERNON
03:52:02
01:20:55
01:20:55
05:01:51
05:01:51
03:51:34
03/29/2015 02:38:1n Page of
TRAFFIC STOP
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
"Iurisdiclion' vERNoN
First Date: ottzgt2ols
Last Date: ou29r2ot5
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
anil Disoatch Enroute OnScene Deoarl Anive Remove
RPT
CITE
VI
201s03iis326 .:
RPT
VI
CITE
201s0305328
RPT
VI
CITE
201s0i0s329| ,'
RPT
O3l29nO15 07:50:52
TRAFFIC STOP PACIFIC BL // FRUITI-AND AV. VERNON
TMFFIC STOP S SANTA FE AV // 57TH, VERNON
TMFFIC STOP S SANTA FE AV // SLAUSON AV. VERNON
VPO GAYTAN.LORENT2LS
DeDarlment OCA NumbervPD CR201s0s46
VPD
JERRY
E 26TH // SIERM PINE AV. VERNON
CERDA.PAUL.JR'2L11 13:45:59
3251 E SI.AUSON AV. VERNON9027
03t29t2015 1
VPD CERDA.PAUL.JR'2111
VPD REYNA.JOSE S 2112
14:31:.42
RPT
VI
CITE
N/i0nU5 00:51:2i
TRAFF]C STOP E 57TH // SANTA FE AV. VERNON
Page ofI 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
furisdiction' vERNoN
'First Date: o3t29t2ols
Last Date: ogt2gt2ols
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
E 57TH // SANTA FE AV. VERNON
VPD GAYTAN.LORENZ2LS
MALBURG WY // SLAUSON AV. VERNON
15:58:.42
20r50305336
RPT
VI
CITE
20150305337
RPT
03n9D015 17:02:18
TMFFIC STOP
0i/30/2015 00:54:2i Page of
TRAFFIC STOP
22
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: o3r3or2ols
Jurisdiction' vERNoN Last Date: o3r3or2ots
Call Namber Disp Ten Received
201s030s382
RPT
Code Comolaint
Caller
Address
GTAR 2528 E 37TH. VERNON
Unit Time
O2:O2:1O
02:02:30 02:04:53
02:40:27
03:05:15
N/31nUi 01:57:53 Pege 1 ol 3
Anive Remove
20150305363
't015
VI
RPT
03/30/20'15 02:02'.10
TRAFFIC STOP E VERNON AV // AI.AMEDA. VERNON
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: o3r3or2ots
Last Date: o3r3or2ol5
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Ilnit Time
Deo Officer Unil Disoatch Enroute OnScene Deoart Anive Remove Como
TRAFFIC STOP 3278 E SI-AUSON AV. VERNON
VPD GAYTAN.LOREN?2111
TRAFFIC STOP SITUSON AV // MAYIA'OOD AV, VERNON
TMFFIC STOP 5959 MAY\^/OOD AV. VERNON
TRAFFIC STOP E 55TH //AI.AMEDA. VERNON
VPD HERREM.GUSTTAl2
VPD ZAPIEN.DAVID 252
VPD HERREM.GUSTT2LI2
VPD GAYTAN.LORENZLIl 15:19:36
VPD ZAPIEN.DAVID 252
15:09:33
15:09:33
15:19:37 15:21:45
15:20:54
03/31/2015 04:57:53 Page ol
15'22:23
32
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
furisdiction' vERNoN
First Date: oU3or2ots
Lasl Date: ou3or2ots
Call Number Disp Ten Received
Code Comolaint
Caller
Address
Oflicer
Ilnit Tino
20150305430
VI
RPT
TMFFIC STOP WALL // 82ND. LOS ANGELES
VPD ONOPA.DANIEL '5D34 19:13.'22
VPD ZOZAYA.OSCAR 1112
VPD ESCOBEDO,ALE)SD23 19:13'.21
S SANTA FE AV // VERNON AV. VERNON
VPD GAYTAN.LORENT2LIl
OnScene
15:28:52 15:55:45
19:26:05 19:33:37
15:28:59 15:55:48
19:27:24 17:39:.42
'19:50:32
19:27:22 17:39:41
NnlnfiS (H:57:53 Page ol
TMFFIC STOP
17:19:39
3 3
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Dale: o3t31t2o1s
Lasl Date: o3r3lr2ot5
Call Number Disp Ten Received
Code Complaint
RPT
201s030s477
RPT
12:OO:2O
12l.27:Ol
12:27:O4
E SI-AUSON AV // ALCOA AV. VERNON
VPD CHAVEZ.CELEST-218
VPD MMOS.JOSE 2L11
VPD NEWTON.TODD 2L12
Caller
Address Unit Time
RpT 03/31/20'15 08:35:29 WEST COAST RAGS
9O2T 3301 LEONIS BL. VERNON
VPD MMOS.JOSE '2L'11
11'.37:.11
11'.41'.29
487R 3308 BANDINI BL. VERNON
DET. ENCINAS
04/01/2015 05:10:55 Page
18:08:02
Iof
REGF_qVED
APR t 5 z0i5
DATE:
TO:
FROM:
RE:
RECEIVED
APR 15 2015
CiTY ADMINISTRATIONSTAFF REPORT
CN CLERKSOIFICE POLICE DEPARTMENT
April2l,20l5
Honorable Mayor and City Council
Daniel Calleros, Chief of Police W
A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF VERNON DECLARING THE WEEK OF APRIL 5-11, 2015,
AS "SAFETY SEAT CHECKUP WEEK"
Recommendation
It is recommended that the City Council:
A. Find that the proposed proclamation declaring the week of April 5-11, 2015 as "Safety Seat
Checkup Week" as detailed in this staff report is exernpt under the California Environmental
Quality Act (CEQA), in accordance with Section 15061(bX3), the general rule that CEQA
only applies to projects that may have a significant effect on the environment.
B. Authorizethe Mayor to proclaim the week of April 5-11,2015, as Safety Seat Checkup
Week in support of the Safety Belt Safe U.S.A efforts to provide statewide awareness to
educate and inspire the public about the importance of the correct and consistent use of
proper safety seats in automobiles for infants and children.
Background
Safety Belt Safe U.S.A. is a national, non-profit organization dedicated to child passenger safety.
Their mission is to help reduce the number of serious and fatal traffic injuries suffered by
children by promoting the correct, consistent use of safety seats and safety belts. Although
statistics indicate that 82o/o of California children under age eight are using child restraints, more
than three quarters of them are used incorrectly. Thousands of children are injured or killed
every year by safety seats that are improperly fastened by parents or caretakers.
To help educate parents in proper safety seat restraint systems, trained volunteers from Safety
Belt Safe U.S.A. conduct inspections of the installation and use of safety seats. Parents will be
told if the safety seats have been recalled or need of replacement parts and will be shown how to
use them correctly. Safety Belt Safe U.S.A is hosting a free safety seat checkup, on Saturday,
April 11,2015, from 10:00 a.m. to 2:p.m., at the Petersen Automotive Museum, 6060 Wilshire
Blvd., Los Angeles.
This proclamation by the Vernon City Council recognizes April 5-11,2015, as Safety Seat
Checkup Week.
Fiscal Impact
None
0f@
A PROCLAMATION OF TTIE MAYORAND TIIE CITY COUNCIL OF
TIIE CITY OF IIERNON DECI}IRING TTIE WEEK OF
APRrL 5 - APRrL 11, 2015, AS SAFETY SEAT CrrECr(aP VEEK
W'IIEREAS, SaferyBeltSafe U.SA. ('SaferyBeltSrft') it the national non-pmfl organiTation dedicated to pmtecting cbildrun
fmn death and injaies rcsultingfrm iding unrcstrained in motor uebicles; and
V/HEREAS, tbe number one preaentable cause of death and injury of thildren andloung adults is aatonobile collision; and
W'IIEREAS, althougb statistics indicate tbat 82% of Calforruia cbildrcn ander age eigbt arv using cbild rcstraints, mon than
tbrve qaarters of then an ased incomct!; and
W'IIEREAS, tbousands of children are injured or killed €uerJJear U tofru seats tbat arv inpmperfyfastened b1 parenfi or
carctakerc; and
\Y'I{ERE 45, tbe Sun of Caffornia rvquircs that all occapants be pmperfi restrained in safery seats or safe! belfi with childrcn
in the back seat until at least age eight and all occapanls of motor uehicles to be buckled up comctl1 0n eDel) ride; and
IY'IIEREAS, rash-tested tofrA seats aru noderatefi pind and widefi aaailabkforparcbase at rutail storvs and at bw costfmm
safe! uat distibution prugrdms thruughoat Caffornia; and
IYHEREAS, to belp edacate parvnt: in pnper safefl seat restraint sJstems, trained uolunteersfmn SaferyBeltSafe condnct
inspections of the installation and uy 0f MrtA seats; and
V/HEREAS, the Cig of Vernon uishes to inrite all rusidents and bainesses uithin the CiE of Verruon to support
SaferyBeltSafel ffirts to pmrnote cbild passenger safe\.
NOV/, THEREFORE, TI{E MAYORA]\D THE CIW COUNCIL OF THE CITY OF I,/ERNOAJ, ON
BEHAIJ OF ITS EMPLOYEET REJIDENTJ AND BUJINEJJES, HEREBY DECI-ARES THE IYEEKOF
APRIL 5 _ APRIL I I, 2015, AS SAFETY SEAT CHECKUP IYEEK THIS PROCI-AAIATIONIJ BEING
PRE.'EATTED TO SAFETYBELTSAFE U.SA BY THE HONORABIE, MAYORV/. MICILAEL MCCORMICK
FORAND ON BE,HAI.F OF THE CIW COUNCIL OF THE CITY OF I,?RNO-IV THIS 2fT DAY OF APRIL,
TIYO THOUSAND AND FIFTEEN,
CITY OF I,.ER,^JON
nt,
IY. MIC:T]AEL MC:C:ORMICK, MAJOT
RECEIVED
APR t 6 2015
DATE:
TO:
FROM:
RE:
CITY ADMINISTRA
STAFF RTPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVIC
April2l,2015
Honorable Mayor and City Council
Samuel Kevin Wilso ctor of Public Works, Water & Development Services
2014 ANNUAL REPORT OF THE PT]BLIC WORKS, WATER &
DEVELOPMENT SERVICES DEPARTMENT
Enclosed herewith is the 2014 Annual Report of the Public Works, Water & Development Services
Department. The report summarizes the Department's activities throughout the year. It is recommended that
the report be received and filed by the City Council at the April 2l ,2015 City Council meeting. The Annual
Report will subsequently be placed on the City's website. Thank you.
SKWca
Enclosure
201.4
ANNUAL REPORT OF THE
PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
DEPARTMENT
CITY OF VERNON
SAMUEL KEVIN WILSON, P.E.
DIRECTOR OF PTIBLIC WORKS, WATER AND DEVELOPMENT SERVICES
Annual Report of the Public Works, Water and Development Services Department
2014
The Public Works, Water and Development Services Department has prepared this 2014
annual report which briefly summarizes the activities of last year.
The value of private development within the City continues to grow. The reinvestment in the
City continues to change the environment of Vernon from a heavy industrialized community to a
logistical and light manufacturing hub for the Los Angeles Basin. While the number of permits
issued by the department remained relatively the same, the value of construction grew to over
$70,000,000 a22.5Vo gain over the previous year.
The Engineering division oversaw the construction of a new storm drain line in 556 Street,
the rehabilitation of several streets in the former Central Manufacturing District area of the City with
a rubberized slurry seal, the reconfiguration of the City Administrator's, City Attorney's, Human
Resources and lnformation Technology offices, earthquake damage repairs that were made to Fire
Station No. I and the resurfacing of portions of Boyle and Fruitland Avenue. As the new NPDES
permit is taking full effect the City worked with neighboring communities to develop watershed
management and monitoring Plans.
Water production and sales were down approximately 5.457o . The State of California
continues to endure a prolong drought. The reduction in water sales could be a result of ongoing
water conservation measures the City has enacted and the willingness of business to conserve. The
amount of water utilized by the City's customers coincidentally matches the water rights owned by
the City.
Department crews continue to maintain the City infrastructure and equipment in good shape.
Some of the tasks given to the public works and water crews include maintaining the roadways
surfaces in an acceptable manner, keeping the City free of graffiti, maintaining the City's signs and
street legends, maintaining the City's water, sewer and storm drain systems, maintaining the City's
fleet of vehicles, maintaining the City's buildings and housing and maintaining the City's warehouse.
The Department staff should be congratulated on their accomplishments of this past year.
The Department has an excellent team of workers that show a lot of pride in their work. However,
given the workload it will continue to be challenging for staff to provide an acceptable service level.
ihe work of the Department continues to be the backbone of the City services provided to the
community. Staff members interact daily with the public, ensuring both private development
continues to be accomplished in a non-bureaucratic manner and the City's infrastructure is maintained
in an acceptable condition. The Department should continue to be given the appropriate resources to
meet these goals.
U
I Kevin Wilson, P.E.
Director of Public Works, Water and Development Services
ANNUAL REPORT
OF THE
CITY OF VERNON
ENGINEERING DIVISION
. V'a),:11.41.4 J--)71! ,'r l .
This report serves as the 2014 Annual Report for the Engineering Division of the Public
Works, Water & Development Services Department for the City of Vernon. This report is a
comprehensive review of the year's major projects, and includes brief descriptions and illustrations of
the public improvement projects for the year 2014. Additional information for each project is
available for public review, as needed.
The Engineering Division's goal is to provide sound engineering services that ensures public
safety and maximizes the taxpayer's investment. The Engineering Division's functions are geared
towards the design, construction, and maintenance of municipal properties and infrastructure. Focus
is also given to achieving higher levels of efficiency, effectiveness and productivity for the division.
The Engineering Division provides the following areas of service:
o Capital Improvement Project Design Services include focusing on civil engineering
services for the design and contract administration of infrastructure projects such as
streets, bridges, traffic signals, storm drains, sewers that lie within the City's right-of-way
as well as improvements involving public buildings. These services also include
managing and analyzing all right-of-way data for the city.
o Construction and Inspection Services include providing construction management
services for construction of projects within the City's right-of-way. These services also
include field surveying and inspection to ensure that construction projects are completed
at a high level ofquality and per engineering specifications and plans.
o Development Services include reviewing private development projects. This entails
reviewing grading plans, subdivisions, lot mergers, lot line adjustments, grant deeds,
covenant & agreements, utility easements, analyzing impacts that private developments
might have on the public right-of-way, plan checking, preparing frontage improvement
plans, issuing encroachment permits, acquisition/disposal of public property and
performing as the main Public Works liaison to the public at the engineering counter or
by telephone.
o Traffic and Transportation Services include designing and maintaining the traffic related
infrastructure in the City including traffic signals, striping, traffic investigations,
evaluations per public modification requests and volume and speed studies.
o include
the implementation of requirements imposed on the City under the Los Angeles County-
wide Phase I Municipal Separate Storm Sewer System NPDES permit. These services
also include the Total Maximum Daily Load imposed on the City to address impairments
of water quality standards in the Los Angeles River.
From Left to Right: Felix Saldana, Engineering Aide, Vince Rodriguez, Public Works Project
Coordinator, Claudia Arellano, Stormwater & Special Projects Analyst, Rafael Contreras, Project
Engineer, Lissette Melendez, Associate Engineer and Felix Velasco, Assistant Engineer
t,
l")7
CAPITAL IMPROVEMENT PROJECTS
Project No. 143ffi4: Reconfiguration of City Administration, City Attorney, Human Resources
and Information Technology Department Offices
The reconfiguration of the offices in the following departments is part of the 5-year capital
improvement plan to improve existing City Building Facilities: City Administration, City Attorney
Human Resources and Information Technology. This project consists of the renovation of
approximately 5,225 squ:ue feet of office space within the current City Hall Building.
The following City contracts were awarded as part of the City Project No. 143004: City
Contract No. CS-0412 for the preparation of construction plans and project manual was awarded to
Simon Glover lnc., and Victor Palos Development and Construction was awarded Contract No. CS-
0428, for all construction activities.
The project included the creation of new offices therefore; new furniture was procured under
the existing National htergovernmental Purchasing Alliance (NIPA) Contract No. 30016.
Project construction began in November 2014 and it is expected to be completed in March
2015. Felix Velasco, Assistant Engineer completed the contract specifications and is responsible for
administering this project. This project is scheduled for City Council acceptance in April 2015. The
total cost for this project will be approximately $450,000.00.
City Administration Offices - Before lmprovements
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.s
<-
City Administration Offices - During Construction
Project No. 143fi)5: Citywide Rubberiz.ed Slurry Seal - Phase III
Plans and specifications were developed as part of a six phase plan to place rubberized slurry
seal in various streets throughout the City. Rubberized Emulsion-Aggregate Slurry GEAS) Seal is a
cost effective maintenance treatment for streets that extends the life of the asphalt pavement. The
map below shows the streets improved as part of Phase III of this project.
Each phase of the project also includes some conventional frll and mill asphalt repair on spot
locations and the restriping ofthe streets. The City issued three separate contracts as part ofthis
project. For the material, (Contract No. CS-0025) the City piggybacked onto a current contract that
was issued by the City of Los Angeles with Petrochem Manufacturing, Inc. (PMI). Piggybacking is
when a public agency uses an existing public contract as a template to form their own contract
directly with the vendor to purchase on the same or similar terms. The City of Los Angeles used a
competitive bid process to obtain labor and material cost for PMI.
Contract No. CS-0501 was awarded to Superior Pavement Markings for the restriping of the
streets slurry as part of phase [II. Contract No. CS-0487 was awarded to All American Asphalt for
the labor portion ofthe project.
The Project Specifications were completed by Rafael Contreras, Project Engineer and Vince
Rodriguez, Public Works Project Coordinator. Striping plans were completed by Lissette Melendez,
Associate Engineer and Felix Velasco, Assistant Engineer. The project was approved by City Council
in August 2014. PMI and the City of Vernon entered into a contract agreement in September 2014
(CS-0025). All American Asphalt and the City of Vernon entered into a contract agreement in
September 2014 (CS-0487). Construction began in September 2014. The project was managed and
inspected by Vince Rodriguez, Public Works Project Coordinator. The project was completed in
October and was accepted by Vernon City Council in November 2014. Total budgeted funds for both
projects were $2M,123.00. Work was completed under budget at a cost of $194,568.24.
\/ERNtrlN
'-lr)
trITY OF VERNON
CENTTACT NO. tr9-O487
Cs-fi)ry - Atlantic Boulevard Bridge over the Los Angeles River - Design
The scope of work for the Atlantic Boulevard Bridge over the Los Angeles River project will
include the development of plans for the proposed widening and rehabilitation of the bridge. The
bridge widening will increase the width of the roadway through lanes, add a new right turn only lane
in the southbound direction, a center median, traffic shoulders, and standard sidewalks. To
accommodate the widening of the proposed roadway, the bridge piers and footings will be modified
and enlarged. The two nearest traffic signals, one at the Atlantic Boulevard and District Boulevard
intersection, and one at the entrance to the 3030 Atlantic Boulevard property, will be modified as part
of this project. The adjacent railroad signals for the at-grade crossings on the north and south sides of
the bridge will require the installation of California Public Utilities Commission (PUC) approved
devices and the two previously mentioned vehicular traffic signals on both sides of the bridge will
also be preempted when the railroad movements cross Atlantic Boulevard.
The project area begins north of District Boulevard and extends north-eastward along
Atlantic Boulevard, crossing over the Los Angeles River and ends near the railroad tracks on the
north side ofthe river.
PRE.JECT MAP
trIttlvIDE ELURRY EIEAL(REAslI
PHAslE III
*l
T-l
Igt
PROJECT SITES
CITY OF VERNON _ PROJECT NO. CS_O099
ATLANTIC BLVO BRIDGE OVER
THE LOS ANGELES RIVER
Initial funding was provided by earmark funds secured by Congresswoman Lucille Roybal-
Allard for the early design engineering and environmental snrdy. Federal funding for the right of way
activities and construction is provided by the Highway Bridge Program (HBP). Additional funding is
also provided by the Metropolitan Transportation Authority (MTA) from the voter approved Measure
R funds. The City of Vernon also provides matching funds for the federal funding sources.
During the course of the final design development, some project elements required
modifications in order to streamline the project needs and permining. The modified or added project
elements are related to the rail crossing safety improvements, PUC Permitting Requirement, U.S.
Army Corps of Engineers (USACE) Permitting Requirement, and structure safety improvements. The
final design is scheduled to be completed by the end of 2015. The City will finalize the right of way
acquisition process and obtain easements to accommodate the bridge widening. The engineering cost
estimate for the construction is $19 million and it is anticipated to commence in the summer of 2016.
I
A:
6
Atlantic Boulevard Bridge - Existing Condition
Atlantic Boulevard Bridge - Proposed
CS-0012 - Citywide Concrete Repair & Replacement Project 2014
For a few years the City of Vernon has implemented an annual Concrete Repair Program.
This project entails repairing or replacing damaged concrete at various locations within the City of
Vernon. This contract primarily focuses on damaged sidewalk with vertical displacements that can be
trip hazards and also attempts to fix other deteriorated concrete infrastructure such as curb, gutter,
driveways and tree root shaving when necessary.
Plans and specifications are currently being developed. This project is scheduled to go out to
bid in the summer of 2015.
-*I
CS-0192 - Citywide Pedestrian Countdown Head Upgrade Project
The project replaced dated existing pedestrian signal heads with new pedestrian countdown
signal heads and some signal head framework housings at 4l signalized street intersections. These
upgrades improve the overall safety of pedestrians, bicyclists, and traffic in the City of Vernon. The
City obtained funds for this project from two sources: Highway Safety Improvement Program (HSIP)
and the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian. The Highway
Safety Improvement Program (HSIP) Cycle-4 Federal Fund covered approximately gOVo of the cost
for the project. The remaining lUVo funds were a mixture of Transportation Development Act (TDA)
Article 3 Bicycle and Pedestrian funds and local City funds.
The City Council awarded the project in May 2013 to PTM General Engineering Services for
$44,935. During the replacement of the pedestrian signal heads, the contractor encountered
approximately 56 inegular pedestrian signal head frameworks that did not accommodate the standard
pedestrian countdown signal head module size. The irregular framework housings had to be replaced
at an additional cost of $39,181.68, which brought the new contract total amount to $84,1 16.68. The
additional work was authorized by the City Council on February 2014, due to the delay encountered
securing additional federal funds from Caltrans. The project was completed and accepted by City
Council in May 2014. The final contract amount was completed for the contract cost of $84,I 16.68.
CS-0352 - Signalized Intersection Improvements Project 2014-2015
This project consists of complete re-wiring of two existing signalized intersections. The
intersections are selected based on the existing conditions. The two intersections selected for the
2014-2015 year were Santa Fe Avenue at 28ft Street and Bandini Boulevard at the I-710 off ramp.
In addition to rewiring, the project also includes various improvements at the selected intersections.
Lissette Melendez, Engineering Associate, Felix Velasco, Assistant Engineer and Vince
Rodriguez, Public Works Project Coordinator, continue to finalize plans and specifications. The
project is expected to go out to bid in the summer of 2015.
CS-0403 - Boyle Avenue and Fruitland Avenue Street Improvements
This project consisted ofcold recycling ofthe existing deteriorated asphalt concrete
pavement, repaving with a 2" thick new asphalt overlay, re-striping of traffic markings, installation of
access ramps, and the repair of deteriorated concrete improvements on Boyle Avenue from Leonis
Boulevard to Slauson Avenue and on Fruitland Avenue from Soto Street to Downey Road.
This project also included traffic signal re-wiring and minor modifications at the intersections
of Boyle Avenue at Leonis Boulevard and Boyle Avenue at Fruitland Avenue. Additionally, crack
seal repairs were completed on Santa Fe Avenue from the north City boundary to the south City
boundary and on Bandini Boulevard from Soto Street to the I-710 Freeway.
Construction plans and specifications were completed by staff in February 2014. City Council
approved to advertise the project in February 2014. Sully Miller Contracting Company and the City
of Vernon entered into a contract agreement in April 2014. Construction began in May 2014. The
project was managed and inspected by Vince Rodriguez, Public Works Project Coordinator. The
project was completed in September 2014 and was accepted by the Vernon City Council in October
2014.The total budgeted funds for the completion of the project were approximately $1,583,363.70.
Work was completed under budget at a cost of $ 1,543,273.33.
Boyle Avenue - Before Improvements
Comer of Fruitland & Boyle Avenue - During Construction
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-a - l
Boyle Avenue - After Improvements
CS-0421 - 55'h Street Storm Drain Improvements
This project consisted of the installation of 1,400 feet of 30"-36" storm drain on 55n Street
from Alameda Street towards Santa Fe Avenue. The project alignment began at the intersection of
55s Street and Alameda Street where it connected to the existing Los Angeles County Flood Control
Districts' 72" storm drain system.
Six (6) new maintenance manholes and six (6) new catch basins were constructed along the
alignment as part of the project. The invert depth for the storm drain varied from approximately eight
(8) feet to ten (10) feet below the existing ground surface. A sewer manhole was removed and
relocated as part ofthis project.
Construction plans and specifications were completed by Felix Velasco, Assistant Engineer
and Vince Rodriguez, Public Works Project Coordinator in May 2014. City Council approved to
advertise the project in May 2014. Ramona Inc. Company and the City of Vernon entered into a
contract agreement in June 2014. Due to the limited availability of reinforced concrete pipe (RCP),
construction did not begin until October 2014. The project was managed and inspected by Vince
Rodriguez, Public Works Project Coordinator. The project was completed in December 2014 and is
expected to be accepted by Vernon City Council in January 2015. Total budgeted funds for this
project were $628,390.00. Due to unforeseen conditions, work was completed at a cost of
$653,672.73.
LI
rI
556 Street - Existing conditions
55b Street - Storm Drain Construction
CS-0425: Reroofing of City Hall Mechanical Room
The project included the removal and replacement of the roofing material system on the City
Hall Penthouse Mechanical structure. The existing roof was in extremely poor condition, which
included rust and leaks throughout the structure. [n compliance with the purchasing expenditure
thresholds shown on the City of Vernon's recently approved Ordinance No. 1221, the Public Works'
Engineering Division obtained informal quotes for the Reroofing of City Hall Penthouse Mechanical
Room Project.
Contract No. CS4425 was awarded to Letner Roofing Co. Inc. in December 2014 in the
amount of $41,433.00. Work is scheduled to commence in January 2015 and it is estimated to be
completed that same month.
CS-0426 - Fire Station No. 1 Repairs
Fire Station No. I is located at3375 Fruitland Avenue. The repairs completed as paft of this
project included brick repair and replacement work at the four building columns on both interior and
exterior sides as well as minor concrete repairs to the column foundations.
Plans for the repairs were developed by the City's structural engineering consultant. Lissette
Melendez, Associate Engineer, completed the specifications as well as contract management for the
project. The contract was awarded to Frank S. Smith Masonry, lnc. in November 2014. Construction
was completed in December 2014 for a final contract amount of $38,900.00.
Southwest Column - Before Repairs
Southwest Column - During Repairs
Bridge Preventative Maintenance Program
Southwest Column - After Repairs
Los Angeles County Public Works Department advised the City of Vernon that the County
had applied for and received funding from the Federal Highway Administration (FHWA) under the
Federal Bridge Preventative Maintenance Program (BPMP). The County offered to administer the
funding and maintenance of the three following bridges in Vernon:
Count], Bridge No.
1852
2333
1455
State Bridge No. Location
53C0827
53C0867
53C0786
BANDINI BL / LOS ANGELES RV
SOTO ST / LOS ANGELES RV
26'h ST / DOWNEY RD
The proposed preventative maintenance activities for the bridge structures have been derived
based on biannual bridge inspection reports performed by the County. The overall project design and
construction costs for repairs to the three bridges are estimated by the County to be $1,249,000. Of
that total, the City's cost share is estimated at $149,000. Included in the requested amount is the cost
for preliminary engineering, to include environmental findings and approvals/permits, design survey,
soils report, traffic index and geometric investigation, preparation of plans, specifications, and cost
estimates, right-of-way engineering, utility engineering, and all other necessary work prior to award
of a construction contract. The County will also perform construction engineering management
services, which include administering the bidding, construction contract award, and the construction
of the project.
Via City Resolurion No. 2012-183 in2012, the City Council authorized the City to participate
in the BPMP. On April 2014, the City Council approved and entered into cooperative agreement for
the Bridge Preventative Maintenance Program with the County of Los Angeles.
PRIVATE DEVELOPMENT REVIEW
In conjunction with a Building Permit, Conditional Use Permit and/or the recordation of a
final map, frontage improvements are often required as an exaction (condition) for private
development. The City of Vernon Engineering Division designs the frontage improvement plans or
reviews and approves plans submitted by a private engineer. Improvements are constructed per City
of Vernon Standards, inspected by a City inspector, and paid for by the developer. An encroachment
permit is required for construction. The Engineering Division then provides surveying and inspection
of the improvements.
Along with a Grading Permit, the contractor may be required to implement low impact
development (LID) post{onstruction controls to mitigate potential stormwater pollution which shall
be in accordance with the City's LID Guidance Manual. The developer's proposal is reviewed and
approved by the Engineering Division.
The Developer may also adjust the property lines to fit the development in accordance with
the SuMivision Map Act. Additionally, the Developer may be required to dedicate property to the
City to widen roadways in accordance with the City of Vernon Master Plan of Streets. This may
entail property dedications to the City, utility easements, lot line adjustments, and/or lot mergers
along with the required improvements. These legal documents are typically submitted by the
Developer and are reviewed and approved by the Engineering Division.
Frontage Improvement Plans Prepared by City Staff
o District Boulevard east of Atlantic Boulevard
Frontage Improvement Plans Reviewed by City Statro None in 2Ol4
Grading, Hydrology & Hydraulic Plans Reviewed by City Staff
o 3294 26h Street
o 3480 26h Street
o 3636 26h Street
o 3000 46th Street
o 4675 52nd Drive
o 5820 Alameda Street
o 3305 Bandini Boulevard
o 5l l9 District Boulevard
o 1669 Downey Road
o 5000 Pacific Boulevard
o 3250 Saco Street
o 5332 Santa Fe Avenue
o 5041 Santa Fe Avenue
o 5190 Santa Fe Avenue
o 4900 Soto Street
Low Impact Development Reviewed by City Staffo 3294 26h Street
o 3480 26s Street
. 3636 26n Street
. 4675 52od Drive
o 5l 19 District Boulevard
o 5000 Pacific Boulevard
o 3250 Saco Street
o 5332 Santa Fe Avenue
o 5041 Santa Fe Avenue
Frontage Improvement Construction Inspected by City Staff
. 5332 Santa Fe Avenue
o 3250 Washington Boulevard
o 3480 26s Street
o 2910 Ross Street
Legal documents reviewed by City Staff
Grant Deeds
o 3492 26s Street
Ouitclaim Deeds
o 3250 Saco Street
o 2825 Santa Fe Avenue
Easement Deeds
o 3250 Saco Street - Fire Lane Easement
o 2825 Santa Fe Avenue - Fire Lane Easement
o 3222 Washington Blvd. - Electrical Easement
o 3232 Washington Blvd. - Electrical Easement
o 5000 Pacific Blvd. - Public Road Easement
o 3480 26th Street - Electrical Easement
Voluntary Lot Mergers
o 5000 Pacific Boulevard
o 4675 52'd Drive
Lot Line Adjustments
o 3636 26h Street
o 3305 Bandini Boulevard
Covenants and Agreements
o 4950 49h Street
o 4833 Fruitland Avenue
. 5030 Gifford Street
Tentative Parcel Maps
o None in 2Ol4
Final Parcel Map
o None in 2Ol4
5332 Santa Fe Avenue - Before Frontage Improvements
5332 Santa Fe Avenue - After Frontage lmprovements
TRAFFIC IMPROVEMENTS
CS-0461 : Traffic Signal Maintenance
The City contracted with Aegis ITS to conduct the citywide traffic signal maintenance. Aegis
ITS monitors and maintains the functions of the traffic signals at an optimum level. They also
perform routine maintenance on forty-one (41) signalized intersections including all extraordinary
illl
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work and emergency repairs required throughout the year. For 2014, the total maintenance cost for
all routine activities including all extraordinary maintenance was $7E,822.01.
The routine maintenance activities consist of a thorough monthly inspection, cleaning of all
signal cabinets and verification of the function of the traffic signal equipment at each intersection.
The extraordinary maintenance activities consist of responding to events related to traffic signal
damage caused by traffic accidents, repair or replacement of any malfunctioning components,
replacement of burnt out lamps, damaged traffic detector loops and replacement of deteriorated
wiring and other traffic signal equipment. Aegis ITS is on call 24-hours a day, seven days a week.
CS-0234: Traffic Control System Project (TCS)
The Engineering Division has been working with the Los Angeles County Department of
Public Works (LACDPW) on the installation of a Gateway Cities Traffic Forum funded Traffic
Control System in the City of Vernon to monitor traffic signals, integrate intelligent traffic signal
systems and exchange real-time data among ITS systems located across jurisdictional boundaries.
There are 49 signalized intersections within City boundaries. Five (5) traffic signal locations
are owned and maintained by City of Los Angeles; one (1) traffic signal is owned and maintained by
the Los Angeles County; and one (l) is maintained by City of Maywood. The new Traffic Control
System will connect 35 City owned and maintained signalized intersections via a combination of
wireless and fiber optic cable network to a central traffic control system located at City Hall.
The project was awarded to TransCore ITS, LLC. Cooperation Agreement with the Los
Angeles County were finalized and work on signal improvements commenced in mid-2014.
Improvements included the replacement of existing Econolite controllers with lTGtype controllers at
l0 signalized intersections and 7 existing controller cabinets were replaced with 332-type cabinets.
The existing timing data at 35 signalized intersections will be reviewed and modified to comply with
the latest California Manual on Uniform Traffic Control Devices (CAMUTCD).
The total cost of the project is estimated to be $966,000. Project completion is scheduled for
June 2015.
CS-0422: Street Sweeping Services
CleanStreet was responsible for sweeping all curbs and gutters along paved public streets,
alleys, street medians and islands within the corporate limits of the City for 2O14. Per the approved
cleaning schedule, each street was cleaned once a week. The annual cost for this service was
$110,396.64 . In 2014, the Contractor removed 5t2 tons of trash and debris from the City's streets
and disposed of the material. The street sweeping takes place Sunday through Thursday from late
evening until 5 in the morning in order to minimize the impact on the traffic in the City.
ENCROACHMENT PERMITS
An Encroachment Permit is required for all work performed within the City's street right-of-
way or easement, by governmental agencies, utility companies, property owners and private
contractors, as well as closing of traffic lanes, detouring traffic, interfering with the normal parking or
the pedestrian use of the sidewalk. Typical examples of work include:
o Trenching across public right-of-way for installation of water, sewer, storm drain,
cable and other underground utilities.
o Construction of curb, gutter, sidewalk, driveway, and roadway pavement
o Water monitoring and extraction wells, soil sample borings.
With each Encroachment Permit Application, a site-specific plan and appropriate insurance is
submitted along with payment of fees. ln2014, a total of 270 Encroachment Permits were processed
andpwere issued.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM COMPLIANCE
Stormwater and non-stormwater discharges are regulated under the Clean Water Act's
National Pollutant Discharge Elimination System (NPDES) program. There are several types of
activities regulated under the NPDES program such as construction, municipal, and industrial
activities. Municipalities that have separate stormwater and sewer infrastructure and that are within
urban areas with populations over 100,000 are subject to a Phase I Municipal Separate Storm Sewer
System (MS4) NPDES permit. Since 1996, the City was covered under the county-wide Phase I
Municipal NPDES permits until a new Municipal NPDES permit was adopted in2Ol2.
Plan
During the 2014 calendar year Public Works Department staff continued to work with the
Los Angeles River Upper Reach 2 (LAR UR2) Watershed Management Area Committee on the
development of the draft Watershed Management Program (WMP) Plan and the draft Coordinated
Integrated Monitoring Plan (CMP). The WMP and CIMP Plans remain in draft form until such time
as the Los Angeles Regional Water Quality Control Board (LARWQCB) approves the plans.
ln developing the draft WMP Plan, a Reasonable Assurance Analysis (RAA) was prepared to
ensure the draft WMP Plan attains the Municipal NPDES Permit goals and objectives, through an
iterative adaptive mzrnagement process (AMP) identified within the Municipal NPDES Permit. The
RAA identified zinc and E. coli (indicator bacteria) as controlling contaminants that must be
addressed through the WMP adaptive management process. To meet the Total Maximum Daily Load
(TMDL) thresholds the City must implement costly new pollutant source and watershed control
measures (including Minimum Control Measures), Low Impact Development (LID) and Green
Streets projects, Low Flow Diversions (LFDs), scientific studies, enforcement, and structural Best
Management Practices (BMPs). Staff believes there is no proven technology to treat bacteria;
therefore, to meet the TMDL criteria, stormwater must be captured and infiltrated into the earth rather
than be allowed to flow to the river.
The RAA and draft WMP Plan identified six (6) regional structural BMP projects, estimated
to cost between $80 and $210 million, and an additional $73 million in residential and commercial
LID street renovations that may need to be implemented over the next two decades. The six
conceptual structural BMPs were located under public lands, such as parks and easements, to avoid
land acquisition costs, but construction of the regional projects lower in the subwatershed, and closer
to the outfall, could result in smaller facilities with lower costs. More specifically, a regional
structural BMP is proposed in the City of Vernon. The regional structural BMP is identified as the
Los Angeles Department of Water and Power (LADWP) transmission easement. The LADWP
Transmission Easement is an infiltration trench project. The water quality design volume of the
planned infiltration trench was modeled as an infiltration basin as identified via a structural BMP
prioritization and analysis tool called SBPAT. The planned LADWP Transmission Easement project
is estimated to cost $20 million plus maintenance and operation.
Below is a table listing the six regional structural BMP projects:
Name Low Cost Hieh Cost
Randolph Street Green Rail Trail $4,300,000 $10,800,000
LADWP Transmission Easement $7,600,000 $19,600,000
John Anson Ford Park $36,800,000 $91,300,000
Rosewood Park $14,000,000 $36,800,000
Lugo Park $6,700,000 $17,200,000
Salt Lake Park $12,600,000 $33,200,000
Total:$82,000,000 $209,000,000
Note: Estimates are based on2014 dollars.
ln order to design and construct these regional structural BMP projects, the LAR I-IR2
Committee will have to devise a cost sharing formula and enter into a separate or amended
Memorandum of Understanding (MOU). The City of Vernon's share of the cost for these six regional
structural BMP projects is estimated to be over $35 million in the next 23 years.
It is still possible that after all these structural and non-structural BMPs are installed, the
receiving waters may still carry pollutant exceedances due to unavoidable occurrences such as air
disposition and wildlife. While the draft WMP Plan encourages the agencies to begin applying for
grant funding support to construct these facilities, the draft WMP Plan also encourages cities and
regional management to consider undertaking studies or efforts to more accurately characterize
pollutant loads, preparing a zinc water effects ratio site specific objective study, and re-designating
the beneficial use threshold.
The LARWQCB staff provided comments to the draft WMP Plan in October 2014 and the
comments focused on the polluted runoff from the General Industrial Permittees and non-permitted
facilities such as the railroads and the recently submitted special studies for the results of the Los
Angeles River copper water-effect ratio and lead recalculation studies. The revised WMP Plan is
scheduled for re-submittal to the LARWQCB and the revisions have a potential to carry additional
costs to the City of Vernon.
The draft WMP Plan was submitted to the LARWQCB in June 2014 as required under the
Municipal NPDES Permit.
The draft CIMP Plan was prepared and submitted to the LARWQCB in June 2014. The draft
CIMP Plan will allow implementation of an integrated approach to support the AMP as intended in
the Municipal NPDES Permit. The LAR UR2 Committee proposes to implement a dry and wet-
weather receiving water monitoring station along the Los Angeles River at Tweedy Avenue in the
City of South Gate, just downstream of the largest storm drains from the area.
Seven stormwater outfall based monitoring sites are proposed, that would allow water quality
to be collected annually, from over 70Vo of the LAR UR2 watershed management area, based on Los
Angeles County subwatershed delineations. Since the Rio Hondo is normally dry, the Ford Park
outfall site would be sampled during three storm events per year to develop watershed management
area trend data and compliment data that might be needed to support regional wet-weather receiving
water assessments. The remaining six outfall sites would be split into two groups, with similar land
LAR UR2 WMA Regional BMP Cost Estimate
use characteristics, of three each and monitored annually. This strategy is proposed to facilitate
annual characterization of most discharges from the LAR UR2 watershed management area.
The LAR UR2 draft CIMP Plan also proposes a non-stormwater outfall based monitoring
approach that will complement the Illegal Discharge/Illicit Connection (IC/ID) Elimination Minimum
Control Measure (MCM) watershed control measure component of the draft WMP Plan and
Municipal NPDES Permit. Similarly, the New and Redevelopment Effectiveness Tracking MCM,
should support the anticipated demonstration of steady progress in reducing pollutant loads and
concentrations observed at the LAR UR2 watershed management area outfalls and in adjacent
receiving waters. Regional studies, through the (Southern California) Storrnwater Monitoring
Coalition (SMC), or more locally focused special studies, such as the contemplated zinc Water
Effects Ratio (WER) Site Specific Objective (SSO) study could also be coordinated through the AMP
and implemented through modifications of the CMP, to prioritize evolving water quality
exceedances and priorities that develop. Effective CIMP implementation will present difficult
hurdles for all of the involved stakeholder groups.
Comments from the LARWQCB staff on the revised draft CIMP Plan were received in
November 2014 and focused on the inclusion of toxicity monitoring. The revised draft CIMP Plan is
scheduled for re-submittal to the LARWQCB in February 2015. The revisions to the draft CIMP
Plan also have potential to carry additional costs to the City of Vernon. Upon receipt of an approved
CIMP Plan, implementation of the CIMP Plan is required to commence within 90 days. Such tasks
under the CIMP plan will be contracted out through a formal bidding process.
In anticipation of an approved CIMP Plan the LAR UR2 Committee advertised the contract
work for the implementation of the CIMP Plan in October 2014. In November 2Ol4 the LAR UR2
Committee received proposals for the contract work and anticipate award of a contract to the most
qualified contractor in the early part of 2015.
As of year-end 2014 the City of Vernon's share of expenditures for the development of the
draft WMP Plan and draft CIMP Plan has equaled $l15,003.13.
Low Impact Develooment (LlD) Proiects
The first Planning Priority Project subject to LID implementation has been constructed in the
City of Vernon. Joie Jeans located at 5332 Santa Fe Avenue installed an infiltration trench on their
property.
Total Maximum Dailv Load (TMDL)
A Total Maximum Daily Load (TMDL) as defined by the United States Environmental
Protection Agency is the sum of the individual wasteload allocations (WLAs) for point sources, load
allocations (LAs) for nonpoint sources and natural background, and a margin of safety (MOS).
TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measures that relate
to a state's water quality standard.
The City of Vernon is subject to compliance under several TMDLs (Trash, Metals, Nutrients,
and Bacteria).
The Los Angeles River Trash TMDL required that at least90Vo of the catch basins and grates
be equipped with full capture devices by the compliance date of September 30,2014. The City of
Vernon met the compliance deadline with a total of 92Vo catch basins retrofitted with a full capture
device.
The City of Vernon is slated to retrofit the remaining catch basins in the City's jurisdiction in
2015.
The Los Angeles River Metals TMDL is in effect and the City of Vernon continued to
participate in the Coordinated Monitoring Plan to measure the metals in the stormwater and non-
stormwater with a group of Los Angeles County cities that drain into the Los Angeles River as
required under the Municipal NPDES Permit. The results of the dry and wet weather sampling and
testing are being considered by a Committee and submitted to the LARWQCB for review. As of this
date there have been few exceedances during dry weather but a number ofexceedances in wet
weather.
A City Managers group was formed in 2010 to seek funds for the investigation into the
source of the metals in the stormwater. Two studies were considered: 1) A WER study which
determines the allowable concentration in the river versus that found in the laboratory based on the
toxicity of the concentration, and;2) Aerial deposition study to determine the contribution of
pollutants carried from non-point sources into the waters of the watershed. The City of Vernon
contributed funds to the WER study. The complete implementation report of the WER Study was
submitted to the LARWQCB in 2014. The adoption process will take approximately 2 years.
The Los Angeles River Nitrogen TMDL's principal source of ammonia and nitrogen
compounds to the Los Angeles River is discharges from the water reclamation plants (WRP). The
WRPs are located in the upper Los Angeles River. Although the City is not a major point source of
nutrients, the LARWQCB requires that a CMP be implemented by all cities that drain into the Los
Angeles River. The City continued participation during 2014 with several Los Angeles County cities
that drain into the Los Angeles River and contracted with the City of Los Angeles to conduct the
monitoring activities of the Coordinated Monitoring Plan as required by the LARWQCB.
The Los Angeles River Watershed Bacteria compliance target for 2014 was to submit a Load
Reduction Study (LRS) and identify priority outfalls with relatively consistent, problematic
discharges that drive storm drain loading rates above the wasteload allocation and outlier outfalls that
exhibit infrequent high loading rates and are subject to follow up investigations. As such, the LAR
UR2 Committee pursued proposals from contractors to complete an LRS. The final LRS determined
that there are four (4) outlier outfalls which drain portions of the LAR UR2 watershed management
area. The 4 outlier outfalls will be investigated via the CIMP Plan to determine potential sources of
E. coli which will be reported to the LARWQCB by March 2019.
Please note all TMDLs will be addressed in the WMP Plan and CIMP Plan.
Several TMDLs for the Los Angeles River had deadline s of 2012 which were established in
the 1999 consent decree entered into by the US Environmental hotection Agency and the
environmental groups. An accelerated program of TMDL establishment was implemented by the
LARWQCB and the State Water Resources Control Board to meet this deadline.
Non-Stormwater Discharses
Part III, Discharge Prohibitions of the Municipal NPDES Permit requires Permittees to
prohibit non-stormwater discharges through the MS4 to receiving waters with some exceptions (i.e.
authorized non-stormwater discharges separately regulated by an individual or general NPDES
permit, authorized non-stormwater discharges from emergency firefighting activities, etc.).
Discharges from drinking water supplier distribution systems such as the City of Vernon's
Water Department are also conditionally exempted provided appropriate BMPs are implemented. As
such, the Water Department reported a total of twenty (20) planned non-stormwater discharges
greater than 100,000 to the Los Angeles County Flood Control District as required under the
Municipal NPDES Permit.
Proposition E4 Grant Fundins
The City of Vernon is participating with the cities of Bell Gardens, Downey, Lynwood,
Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, and Whittier in the
Proposition 84 grant funding application to install stormwater treatment systems (Project). The Los
Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA)
contracted with a consultant to lead the coordination on behalf of the aforementioned cities and was
awarded $1,073,820 in grant funds with a local match of $270,220.
The Project includes stormwater pollution prevention devices (i.e. Tree box LID BMPs;
Bioswale LID BMPs, and; Bioretention Tree box LID BMPs) to be installed along transportation
corridors. Such devices will assist the aforementioned cities in meeting water quality standards. As
previously reported, the Municipal NPDES Permit incorporated a number of enforceable TMDLs. To
attempt to achieve TMDL compliance with the water quality standards the Municipal NPDES
Permittees are required to implement and install non-structural and structural BMPs.
The City of Vernon's portion of grant funds is for two (2) tree box LID BMPs. The tree box
LID BMPs are slated to be installed on 26s Street: l) one tree box will be installed west of lndiana
Avenue, and;2) one tree box will be installed east of Indiana Avenue. The tree box LID BMPs will
be the City's first pilot project to achieve compliance with the Los Angeles River Metals TMDL. The
value of the two (2) tree box LID BMPs to be installed in the City's jurisdiction is $92,185.45,
including construction, project management and monitoring with a total local match of $18,565.45.
GWMA entered into a Grant Agreement with the State Water Resources Control Board to
assist in facilitating the receipt, processing, and reimbursement of the Grant Agreement funding. The
timeline for construction of the Project is scheduled to commence in July 2015 and completed no Iater
than March 31,2017.
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ANNUAL REPORT
OF THE
CITY OF YERNON
BUILDING & SAFETY DIVISION
The City of Vernon experienced a dramatic increase in building development in 2014. The
total valuation of permits issued in 2014 was $70,520 ,524 as compared with $57,55 5,724 in 2013.
Fire permits are excluded from the numbers in 2014. The number of permits issued in 2014 remained
relatively the same from the previous year, 68 I permits compared to 67 6 permits in 20 I 3. The total
fees collected in2014 for these permits was $1,01 l,3M.l7 compared to $834,859.19 in 2013. During
2014, 192 businesses received a Certificate of Occupancy compared to 149 in 2013.
Out of the 681 permits issued, four new buildings totaling 406,124 squzue feet were
developed in2014. To allow for this and future developments, demolition of existing facilities is
necessary. Eight buildings or structures, totaling 515,354 square feet, were demolished in 2014.In
addition to the new buildings, there were many other major projects that included improvements such
as: interior office additions, remodeling, equipment platforms, grading, paving, re-roofing and
electrical, mechanical and plumbing equipment installations. This amount of new construction
continues to signify that the City of Vernon is a very desirable location for new and existing
businesses.
The Building & Safety Division is responsible for enforcing California Building Codes and
regulations. To meet these challenges, under the direction and encouragement of the Director of
Public Works, Water & Development Services, Kevin Wilson, the departmental staff is committed to
continually improving their knowledge and qualifications. During 2Ol4Pep Reynoso, Sr. Building
lnspector, maintained his ICC Plans Examiner and Building Inspector (for Commercial &
Residential) Certifications, attended several seminars on the California Building Code, CALBO 2014
Education Week, and ICC monthly meetings; James Moore, Electrical lnspector, maintained his IAEI
Electrical Plans Examiner and Electrical lnspector Certifications; Wesley Cruz, Plumbing &
Mechanical lnspector, maintained his Certification as a Plumbing Inspector and Mechanical lnspector
from the International Code Council, obtained a Safety Assessment lnspector Certificate, and
obtained an ICC Building Inspector Certification. Wesley participates in regularly scheduled monthly
IAPMO meetings and several seminars on the 2014 California Plumbing & Mechanical Codes
including CALBO's 2014 Education Week.
Year Number of Pennits Valuation
2m,6 903 $99,178.0s8
2007 IW $98,944,554
2008 987 $62,484,626
2009 887 $55,748,122
2010 742 $40,3 13,125
20tt 743 $35,769,877
2012 746 $28,146,648
2013 676 $57,555,724
2014 681 $70,520,524
Left to right Pepe Reynoso, Sr. Building Inspector, James Moore, Electrical Inspector, and Wesley
Cruz, Plumbing & Mechanical Inspector
Left to righfi Cynthia Mireles, Permit Technician, Anthony Zarate, Permit Technician, and Yesenia
Ramirez, Senior Administrative Assistant
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BUILDING DEPARTMENT
2014 ANNUAL REPORT
Certificate of Occupancy - New Buildings 4
Certificate of Occupancy - Existing Buildings 188
TYPE JOB VALUE # of PERMITS
Commercial - Remodel $465,000.00 4
Demolition $847,000.00 8
Electrical $l1,504,736.00 r98
Grading $3,537,242.00 9
lndustrial - Addition $87,000.00 J
Industrial - New $22,751,666.00 J
Industrial - Remodel $8.273.171.00 90
Mechanical $6,440,640.00 102
Miscellaneous Permit $7,635,062.00 160
Multi/Residential - New $5,000,000.00 I
Plumbing $2.171,324.00 83
Roofing $1,807,683.00 20
TOTALS $70,520,524.00 6E1
TOTAL ANNUAL FEES
COLLECTED $1,011,344.17
2014 NEW BUILDING PERMITS
Whole Foods City of Vemon
5000 Pacific Blvd. 4675 52n Dive
New Cold Storage Distribution Center New residential building
130,204 sq. ft. 44,171sq.ft.
Dedeaux Properties Dedeaux hoperties
3305 Bandini Blvd. 3480 26h Street
Core & Shell of storage warehouse New one story concrete tilt-up building
142,436 sq.ft. 89,313 sq. ft.
2014 DEMOLITION PERMITS
BNSF Railway Company BNSF Railway Company Steve Kelsler
4212-14 26'h Street 4139 Bandini Blvd. 363626h Street
Demo building Demo building Demo building
185,600 sq. ft. 83,937 sq. ft. 600 sq. ft.
Metro Tract, LLC Metro Tract, LLC Metro Tract, LLC
2065 Ross Street 2920 Ross Street 3575 Ross Street
Demo building Demo building Demo building
13,900 sq. ft. 900 sq. ft. I 1,800 sq. ft.
Whole Foods Whole Foods
5050 Pacific Blvd. 4900 Pacific Blvd.
Demo building & Slab Demo building I & part of building 2
131,269 sq. ft. 87,348 sq. ft.
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ANNUAL REPORT
OF THE
CITY OF VERNON
PLANNING DIVISION
The Planning Division is responsible for the development and oversight of the City's General
Plan and ZoningOrdinance. The General Plan establishes a long-range plan that serves as a guide for
the physical development of the City. The City of Vernon's Zoning Ordinance was enacted to
establish development rules for the community in compliance with the goals and policies of the
General Plan. The Zoning Ordinance contains the development standards including parking and
loading standards, minimum lot size, and setback requirements. Section 26.4.1 thru 26.4.4 of the
Tnning Ordinance establishes the permitted uses and those uses requiring a Conditional Use Permit
for each ofthe zones.
The Planning Division is also responsible for the processing of Conditional Use Permits,
Variances, and Subdivisions. As part of the permit process, Planning and Building & Safety staff
perform a review for every project to confirm conformity with the City's regulations. Planning
Division staff also provide public assistance for planning and zoning issues by phone and at the
public counter.
CONDITIONAL USE PERMITS
The City has determined that certain uses have the potential to be detrimental to the
surrounding community. The City therefore only allows these uses subject to a Conditional Use
Permit; the City Council at its discretion may place conditions on the use in order to protect the
environment and neighboring properties. As part of the application process the proponent must
provide an operations plan, hazardous waste inventory plan, a traffic report and an environmental
checklist. City staff evaluates the application for completeness. All Conditional Use Permits are
subject to the California Environmental Quality Act (CEQA). Through the guidelines established by
the State the City determines if the project could potentially produce significant impacts to the
environment. After the appropriate CEQA document is developed City staff prepares a report and
schedules a public hearing for input from the community. After the public hearing is concluded the
City Council must make a determination to either deny, approve or approve with conditions the
Conditional Use Permit.
In the calendar year of 2014, the City Council approved two (2) Conditional Use Permits,
which are outlined below:
o Merco Group - 2529 Santa Fe Avenue, LLC (Merco Group) submitted an application
to amend their existing conditional use permit granted for a retaiVcommercial restaurant facility. The
Merco Group requested that all businesses at the Santa Fe Plaza to be open Sundays. ln addition,
they also requested that the conditional use permit be revised to extend the permissible business hours
from 4:00 a.m. to l2:00 a.m. (midnighQ, 7 days a week. City staff determined that the proposed
amendment would not result in any significant environmental changes to Merco Group's existing
operation. Therefore, the original notice of exemption was in accordance with the California
Environmental Quality Act ("CEQA") as provided in Section 15301, Class l, Existing Facilities, and
was adequate for this amendment. The City Council of the City of Vernon approved the conditional
use permit amendment on May 6,2014.
o Jia Hui Resources, LLC submitted an application for a conditional use permit to
operate a recycling facility located at 4726 Everett Court. Jia Hui Resources, LLC proposes to
operate a business that will purchase bales of used./new carpet scraps. They intend to store, sort and
process carpet scraps. The carpet scraps are received in approximately 1,000 lbs. bales. Each bale of
carpet is broken down and sorted by fiber type. Once sorted by fiber type, the carpet scraps are then fed
into a shredding machine which removes the top layer of the carpet (the nylon) from the bottom layer.
Once separated, the top and bottom layers are placed into separate boxes. The finished product (the top
layer) is placed into another machine to pressure press the finished product into another box. Once
boxed, the finished product is shipped overseas for further processing. The bottom layer is picked up by
the same company that originally delivered the bales of carpet. The Planning Division performed an
Initial Study, to determine whether the proposed project would have adverse impacts on the
environment and determined that the proposed project would not have a significant adverse effect on
the environment. [t was recomrnended that a Notice of lntent be filed, and a Negative Declaration be
adopted in compliance with the CEQA. The City Council of the City of Vernon approved the
conditional use permit on July 1,2014.
2014 CONGESTION MANAGEMENT PLAN (CMP)
In 2003, the Metropolitan Transportation Authority Board authorized a Short Range
Transportation Plan that authorized a Nexus Study to evaluate the feasibility of implementing a
congestion mitigation fee. The fee would help ensure that new gowth directly mitigated traffic
impacts on the regional transportation system by helping fund needed local transportation
improvements. Said fees would mirror mitigation fees implemented in Orange and Riverside
Counties. The purpose of the Nexus Study was to identify and justify a mitigation fee that would
meet CMP Deficiency Plan requirements. As part of this Nexus Study, a new reporting form was
created called the Local Development Report ("LDR"). Based on the Local Implementation Report
from previous reporting cycles, the new form only calls for information on new development activity,
which represents new net development after subtracting for building permit revocations or
demolitions. In spite of this, cities are no longer required to maintain the "positive credit balance".
To date, work on the Study continues, the CMP Countywide Deficiency Plan requirement for
maintaining a positive credit balance will continue to be suspended. As a result, cities will not have to
report their transportation improvement strategies for the 2014 cycle. However, cities must continue
to report their new net development activity and adopt a resolution in conformance with all elements
of the CMP just as in prior years. The City of Vernon adopted the CMP Local Development Report
on August 5,2014.
COMPREHENSTVE ZONING ORDINANCE AND GENERAL PLAN
The City retained the services of Hogle Ireland to assist City staff in the preparation of an
update to the City's General Plan and TnningOrdinance and prepare an environmental document in
compliance with the California Environmental Quality Act. The proposed revisions consisted of: l)
an update to the Land Use Element of the General Plan to expand the locations where commercial
uses and trucking and freight terminals can be established in the City; 2) updates to the Land
Use, Resources, Safety, and Noise Elements to comply with recently adopted State laws and to
update pertinent information; 3) an update to the Implementation Plan with new applicable policies
related to the policy changes; 4) revisions to the Znning Ordinance and Zoning Map to establish
and apply a new Truck and Freight Terminal overlay (TF); 5) revisions to the Zoning Ordinance
and Zoning Map to replace and expand the existing Commercial Overlay with the new C-l and C-2
Commercial Overlays; 6) establishing new definitions to address the revisions and other minor
amendments to the ZoningOrdinance; 7) establishing a new Minor Conditional Use Permit
application; 8) providing standards for digital billboards; and 9) performing additional clean-up,
non-substantive revisions to the T.oning Ordinance that do not affect any prior policy directives. Final
approval is scheduled at end of April 2015.
Proposed Residential Project at4675 52nd Drive
Construction of the proposed 45-unit affordable housing development began in early 2014,
with completion scheduled in May of 2015.
Sergio Canales, Assistant Planner
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ANNUAL REPORT
OF TIIE
CITY OF VERNON
WATER DEPARTMENT AND PTJBLIC WORKS DTVISION
2014 was a productive year for the City of Vernon Water Department. Departmental
improvements have continued to flourish and a new quest for professionalism has continued to
emerge. This report will outline various departmental goals and objectives accomplished in 2014.
The Water Department consists of the Water Distribution, Water Production, Meter, and
Meter Reading Sections. The Water Distribution and Production Sections are tasked with ensuring the
City's eight reservoirs, eight wells, and three booster plants are kept in optimal operating condition.
These sections also specialize in waterline construction, repair, and water quality monitoring
activities. In addition, the Meter Section performs a variety of functions including the installation and
repair of water meters, as well as locating underground utilities. The Meter Reading Section reads
nearly three thousand water and electrical meters on a monthly basis. This section also reports any
leaks or damage that may have occurred to City property during the course of their meter reading
duties.
Elevated Tank
H
WATER DEMAND
A total of over 2.45 billion gallons of water was delivered during 2014, which equates to
approximately 7,546 acre-feet. This represents a5.45Vo decrease in water delivered from 2013. The
decrease in water consumption is likely the result of conservation measures implemented by the City
in 2014. On July 15,2014, the State Water Resources Control Board approved Resolution No. 2014-
0038 that adopted mandatory water restrictions. The Resolution required that each urban water
supplier to implement mandatory restrictions on outdoor irrigation of ornamental landscapes or turf
with potable water. In response the City declared a Phase I Water Supply Shortage consistent with
Vernon Municipal Code Section 25.103.
Table 1- AF
The City's water demand has decreased by 27 .86Vo since 2008 as reflected in Table 1.
However, water demand over the past five years has remained relatively uniform in terms of total
annual water produced. The City currently has 7,539 acre-feet per year of adjudicated water rights
that covers a large portion of the City's water demand.
Year Total AF
Percent Change From Previous
Year
2008 10,461 -5.A07o (Chanee from 2007)
2009 8,653 -17.28Vo
2010 8,162 -5.67Vo
2011 8,035 -1.557o
2012 7,959 -0.94Vo
2013 7,981 +0.27
2014 7.546 -5.457o
Reservoirs 2-2 and 2-3.
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WATER QUALITY
Water quality within the City of Vernon water system remained high in 2014. Out of 780
water samples taken none were found to be coliform positive. The low occurrence of coliform
bacteria is due to the outstanding efforts put-forth by our water production staff in maintaining
adequate chlorine residuals and flushing fire hydrants within the distribution system on a continuing
basis.
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Jonathan Gonzales taking a bacteriological sample from a sample station.
DISTRIBUTION SYSTEM CONSTRUCTION
A total of 14 work orders were issued for the construction of new water services in 2014.
Fees were also collected from developers for several other cut and plug projects and minor hydrant
relocations as well, bringing the total amount collected from developers to approximately $l15,600
for 2014.
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METERING
Since revenue for the Water Department is heavily dependent on accurate meter reading at
the service connections, a special emphasis is placed on ensuring that meters are in good working
order. A comparison of water produced and metered deliveries revealed a water loss of just l.4Vo. A
total of 7 new meters were installed at individual service sites during 2014.
The Programmed Maintenance System continues to aid staff members in improving the
overall operational efficiency and productivity of the Water Department. A total of 503 maintenance
activities were recorded over the course of 2014. Most of these activities were in preventative
maintenance i.e., routine inspections, lubricants, and the cleaning of various mechanical equipment.
Victor Vasquez performing his meter reading duties.
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PROJECTS 2OT4
Well No.21Pump Station
The City took possession of a former industrial well, located at2170 55m Street, and is
seeking to convert it to a municipal water supply well. The City retained the services of Richard C.
Slade & Associates, LLC (Slade) who performed a hydrogeological evaluation of the subject well.
The evaluation consisted of a multi-phase test pumping methodology to ascertain the downwell
condition and to access the current production capacity and water quality. The Stage I Phase was
performed utilizing a normal pumping sequence without the use of a packer. The initial test results of
the Stage I Phase indicated that the well had elevated levels of Volatile Organic Compounds (VOCs)
that exceeded the Maximum Containment Levels (MCLs) for those constituents. In the Stage 2 Phase,
a packer was inflated at 500 feet in order to isolate the upper set of perforations from the well. The
test results of the Stage 2 Phase determined that the VOC levels are well below established MCLs.
The results of the hydrogeological evaluation were submitted to the California Department of Public
Health (CDPH) for review. The CDPH findings concluded that the installation of an inflatable packer,
combined with water quality monitoring, are reasonable measures to ensure that the subject well is
suitable for potable use. Specifications for a fully functional pump station were completed by Cannon
Engineering, Inc. in 2014. Construction is scheduled to commence in 2015.
Well No.2l
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Elevated Tank Standpioe Repair
The Elevated Tank was originally inspected by Harper & Associates Engineering, lnc.
(Harper). Harper's structural report noted corrosion present on the lower portion of the standpipe. The
City has entered into an agreement with Cannon Engineering,lnc. (Cannon) who developed
specifications and technical bid documents for the work. The repair was completed by Premier Tank,
Inc., in 2014, at a cost of $18,375.00. Premier Tank welded steel bands around the circumference of
the corroded portion of the standpipe to improve the structural integrity of the tank and to eliminate
the potential of pipe failure due to corrosion.
Elevated Tank Standpipe
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Well No. 16 Motor and Pump Replacement
Well No. l6 experienced a significant decrease in its production capacity over the course of
2014.The City contracted with General Pump Company, lnc. to disassemble, diagnose, and
recommend a repair methodology for the subject well. General Pump's evaluation determined that
the pump unit and motor were in need of replacement. The pump unit and motor were replaced by
Weber Water Resources, LLC., in 2014. Subsequent test pumping found that the well will need to be
rehabilitated in order to clear perforations to allow for increased production capacity. The well is
scheduled to be rehabilitated in 2015.
Well No. 16.
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Reservoirs 3-1,3-2, and 3-3 Interior and Exterior Inspections
Aquatic lnspections, lnc. performed exterior and interior inspections of Reservoirs 3-1,3-2,
and 3-3 in2014. The results ofthe inspection concluded that the exterior and interiorcoatings have
begun failing. Aquatic lnspections, lnc. recommended that the interiors and exteriors be recoated to
prevent further corrosion of the structural components of the tank.
Reservoirs 3-1,3-2, and 3-3
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WATER SECTION ADMINISTRATION
From left to right Scon Rigg, Public Works & Water Superintendent, Erik Stene, Engineering Aide
and Mike DeFrank, Public Works Water Project Coordinator
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WATER DISTRIBUTION SECTION
The Water Distribution Section is responsible for the installation, repair and maintenance of
all City owned facilities. This section performs a variety of construction related activities including
the installation of domestic and fire services connections; fire hydrant installation and maintenance,
and transmission line repairs. This section assisted with the installation of l3 new gas services.
Shown left to right: Elias Zepeda, Gabriel Aldrete, Brian Linnert, Anthony Hinojos, Joseph Alvarado
and Mauro Trujillo.
Crewmembers performin g meter i nstallation
Crewmembers excavating a City street
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PRODUCTION SECTION
The Production Section specializes in the maintenance and repair of all City owned booster
stations, reservoirs, well sites, and supply lines. This section is responsible for the collection of all
routine and source water samples. ln addition, this section generates all water production reports.
Shown left to right: Robert Znpeda, Jonathan Gonzales, Ralph Castellanos, and Mauro Trujillo
METER SECTION
The Meter Section's expertise focuses on the installation, repair, and maintenance of all water
service connections. This section is also responsible for meter installations, meter change-outs,
register repairs, and locating underground water facilities.
Shown left to right: Jonathan Gonzales, Anthony Hinojos and Mauro Trujillo.
METER READING SECTION
The Meter Reading Section reads nearly three thousand water and electric meters each
month. The meter reader's check for any unusual conditions including malfunctioning meters,
damaged meter boxes, leaks or unsafe conditions that may exist.
Shown left to right: Victor Vasquez, Wilfredo Lopez, and Mauro Trujillo.
PTJBLIC WORKS SECTION
The Public Works Section consists of the Sanitation, Street Maintenance, Building
Maintenance, Warehouse, and Garage Divisions. This section performs general maintenance and
repairs all sewer and storm drain lines; paving and pothole repairs to City streets, maintenance to City
owned buildings and City housing; maintains supplies and parts required to support the operations of
the Public Works and Water Sections; and is responsible for automotive repair functions.
SANITATION SECTION
The Sanitation Section maintains all City owned sanitation facilities. This section is
responsible for the maintenance of l2 miles of storm drains and over 44-miles of sanitary sewer lines.
The City has an agreement with National Plant Services to provide emergency sewer
maintenance in the event that the City's vactor truck is unavailable for service. This will provide an
additional degree of redundancy to insure sewer service remains unintemrpted at all times. The City
has an existing agreement with United Pumping Services to provide cleanup and removal of
hazardous wastes in the event of a large scale sewer overflow. ln addition, the City entered into an
agreement with MNR, Inc., to provide emergency sewer repairs in the event City crews need
assistance with large scale repairs.
Shown left to right: Elias Znpeda, Victor Vasquez, Jr., Carlos Gudino and Mauro Trujillo.
Victor Vasquez, Jr. and Carlos Gudino performing sewerjetting maintenance
STREET MAINTENANCE SECTION
The Public Works Street Maintenance crew has been actively involved in a wide variety of
public works related projects including the repair of curbs, gutters and sidewalks, asphalt patching,
street stenciling, sign replacement, and responding to emergency situations within the public righrof-
way. ln addition, graffiti removals and curb painting are also duties of this section.
Over the course of 2014 this section was assigned to several special projects including the
repair of sidewalks and curb and gutters throughout the City. ln 2014,505 work orders for the repair
and maintenance of City facilities were issued and completed.
This section is also responsible for the maintenance and repair of over 47 miles of streets. It
is the goal, as always, to keep the City's streets as clean as possible. The Sign Maintenance crew
maintains all City owned signs. These signs must be kept in good condition in order for the City's
transportation system to operate efficiently.
From left to right Elias Zepeda, Nathan Linnert, Adam Alvarez, Adrian Loya, Jose Z.ermeno, Victor
Vasquez Jr., Gerardo Farias, Carlos Gudino, Andrew Thompson, Martin Sanchez, and Mauro
Trujillo.
n
I
Street crews making asphalt repairs
Hamm Asphalt Roller
l
T
The Graffrti Truck continues to be an asset to the City in terms of its operational flexibility.
The Graffiti Truck has a fully functional paint matching work station to address a multitude of
different paint combinations typically used by southland gangs. The paint matching equipment
consists of a laptop, paint scanner, and paint mixing equipment. Once staff members have identified
an area that has been defaced with graffiti they simply take a sample of the existing paint and place it
in the scanner which then produces a paint code used to quantify color combinations in order to come
up with an equivalent color match. The Graffiti Truck also incorporates other unique features
including two generators, roof mounted air-conditioning, counter tops, stainless steel cabinets, and
eye wash station just to name a few of its many features. These features have not only served to
enhance the appearance of the City, but have also improved the efficiency and effectiveness in which
crewmembers can cover up the impacted areas.
Graffiti Truck
Coripoiinor i
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BUILDING MAINTENANCE SECTION
The Building Maintenance Section is responsible for the maintenance of City owned
buildings, City houses and apartments. This section performs routine maintenance functions including
minor remodeling, painting, plumbing, minor heating and air conditioning checks, underground tank
maintenance, and electrical work. The section also handles the logistical functions associated with
facility upgrades and repairs. This section also oversees the grounds maintenance and janitorial
contracts. The City of Vernon has a services agreement with So Cal Land Maintenance, lnc. to
perform grounds maintenance functions at City Hall, Fire Station No. 2, Light & Power Building,
Petrelli Building, Public Works Yard, and the 506 Street Apartments. Additionally, the City has a
services agreement with Santa Fe Building Maintenance to perform janitorial services.
*.8
ft'%irrP-
From left to right Dwight Pierce, Kenny Jackson, Steve Hartsfield, Juan Arellano and Mauro Trujillo.
Llr
WAREHOUSE & SAFETY SECTIONS
The Warehouse Section maintains the required supplies and parts necessary to support the
operations of the Public Works and Water Sections. Refined inventory control procedures and
practices insure that adequate supplies are available for routine and emergency situations. A database
is used to track and control inventory related requirements. The Warehouse Section also performs a
variety of miscellaneous functions including maintaining the fuel pumps, generating monthly partial
payments, performing dispatch duties, pick up and deliver inter office mail, prepare vehicle accident
reports, and prepare personnel injury reports.
From left to right: Renan Castro, Eric Anderson, Ruben Herrera, Joe Cervantes, and Mauro Trujillo.
*.t"- --
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GARAGE AND EQUIPMENT MAINTENANCE SECTION
Over the course of 2014, the City Garage Section was responsible for the maintenance of 424
City vehicles and equipment. These vehicles are an integral part of the daily operation of the City.
This section does a vast majority of its work in-house and due to an extensive training progfam has
reduced costs associated with sending work out to dealerships whose costs are significantly more than
the City's. This section responded to 1,502 work orders relating to various repairs and services.
From left to right: Victor Enciso, Rafael Cortez, Victor Modesto, Jason Tomlinson, and Mauro
Trujillo.
C
Victor Enciso inspecting engine components.
Jason Tomlinson performing automoti ve maintenance.
lso=
I
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REGE!\/ED
APR t 6 2015
CITY CLElit('S ()FFICE
RECEiVED
APR I 6 2CIrs
STAFF REPORT
FIRE DEPARTMENT
CITY ADMINISTRATION
Auln
DATE:
TO:
FROM:
RE:
April2l,20l5
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief WOn
Bid Award for a Fire Department Training Facility Contractor
Recommendation
It is recommended that the City Council:
A. Find that approval of the bid award for a Fire Department Training Facility Contractor to construct the
undeveloped parcel and operate the facility is within the Initial Study and Negative Declaration
prepared for this project pursuant to the provisions under the California Environmental Quality Act
("CEQA") in accordance with Section 15063, which requires the lead agency to conduct an initial
study to determine if the project may have a significant effect on the environment, and Section 15070,
which governs the agency's decision to prepare a negative declaration, and authorizethe Director of
Public Works, Water and Development Services to file a Notice of Determination finding that the
project will not have a significant impact on the environment; and
B. Accept the bid of Kirila Fire Training Facilities, Inc., as the lowest responsive and responsible bidder
and enter into a contract, in substantially the same form as attached hereto, for an amount not to exceed
9747,777.00, for a Fire Department Training Facility Contractor, and to reject all other bids. Further
authorize a contingency of $50,000.00, in the event of an unexpected changed condition in the project
and grant authority to the City Administrator to issue a change order for an amount up to the
contingency amount.
Backsround
The project is the construction and operation of a regional training facility for the Vemon Fire Department.
The training facility will be constructed in a vacant portion of the property that is currently undeveloped
parcel. The facility is intended to offer training opportunities for fire departments throughout the Los Angeles
region. The site will be graded and paved and a wall will be constructed along the public right-of-way. The
training center will be constructed using metal cargo containers assembled into a three-story structure
constructed of 13 freight containers (8 ft. x 8.5 ft. x 40 ft.). The containers will be modified per the Fire
Department's specifications at the manufacturer's facility and shipped to the project site for assembly. The
structure will include three burn rooms powered by liquid petroleum fuel (LPG) with five LPG-fueled props
distributed among the rooms. The gas flow, gas flow rate, and flame termination of the LPG system will be
controlled through use of electronic control panels. Three 150 watt lights will be installed within each non-live
fire unit and six 400 watt halogen lights will be installed on the exterior of the facility. It's estimated that five
to six fire engines will transport trainees per day to the facility from distances ranging between two miles and
approximately 30 miles (on rare occasions) for approximately six training sessions per day. The training
center will be constructed in accordance with National Fire Protection Association (NFP A) 1402 standards,
guide to building fire service training centers.
On February 17, 2015, the City Council authorized the advertisement of the Notice Inviting Sealed,
Competitive Bids for a Fire Department Training Facility Contractor. The Notice Inviting Bids was posted on
the City's website and published in the Vernon Sun newspaper. The specifications included the standard terms
and conditions for the contract which have been approved by the City Council. The bids for a Fire Department
Training Facility Contractor were received and opened on March 19, 2015. The calculated results were as
follows:
l.
2.
J.
Kirila Fire Training Facilities, Inc.
Fireblast Global
Fire Training Structures LLC
$747,777.00
$843,856.20
$899,960.00
After a thorough review of each bid proposal, Kirila Fire Training Facilities, Inc. ("Kirila Fire") was
determined to be the lowest responsive, responsible bidder. Staff from the Fire and Public Works/Building
Departments found that Kirila met all bid criteria, including the ability to meet the technical specifications,
price, product availability and delivery schedule, selection quality of material, maintenance, and compliance
with other City specifications.
Kirila Fire has been in operation for over 20 years and is one of the world's most creative, dependable and
sought after design/build fire training facility manufacturers. Their headquarters and fire equipment
manufacturing facility is located in Brookfield, OH. Kirila Fire maintains several Mobile Workshop Rigs to
support on-site fire equipment installation and to provide ongoing service maintenance for all fire training
systems throughout the world. The technicians specialize in Fire Training Facilities and are familiar with the
National and International Standards associated with Fire training systems and the procedures for performing
various fire training scenarios. Kirila Fire has provided ongoing service and maintenance to over 75 fire
training facilities in the United States military, civil aviation and municipal markets.
CEOA ANALYSIS
The proposed use is surrounded by properties with industrial, distribution and residential uses. No adverse
impacts from traffic, parking, noise, odor, dust, or explosion are expected to occur to the adjacent of
abutting properties. An initial study has been conducted for the project in compliance with the California
Environmental Quality Act (CEQA). No potentially significant impacts are expected to result from the
project. The Director of Public Works, Water and Development Services has recommended that a Notice
of Intent be filed, and a Negative Declaration be adopted in compliance with the CEQA.
Fiscal Impact
Funds to pay for the training facility will come from several grants and will be installed in several phases.
Phase I will consist of the $200,000 funded by the 201 3 HSGP Grant. Phases Il and III will be funded through
the 2014 HSGP Grant at $300,000 and the 2014 Urban Security Initiative Grant Program at $300,000. All
three grants are l00o/o reimbursable and there are no cost-share or match requirements to the City.
STANDARD FORM OF
CONSTRUCTION CONTMCT BETWEEN
CITY AND CONTRACTOR
This Agreement is made and entered into at Vemon, Califomia this _ day of ,20 _,by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter'City') and Kirila Fire Training
Facilities, lnc., a Ohio corporation (hereinafter "Contractor"), for construction of a Fire Department Training Facility,
Contract No. FD-0152.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS
The "Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the
following documents which are either aftached 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. Govemmental Approvals including, but not limited to, permits required for the Work;
B. This Agreement, inclusive of Exhibit A (General Conditions), Exhibit B (Special Provisions & Detailed
Requirements/Specifications), Exhibit C (Living Wage Provisions), Exhibit D (Equal Employment
Opportunity Practices Provisions), and all Attachments and Sub-Exhibits thereto;
C. Notice lnviting Bids;
D. Grant Required Forms;
2. SCOPEOFWORK
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:
Fire Department Training Facility
Contract No. FD-0152
STANDARD CONTMCT FORM 1
3. TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completion of the Work within 180 calendar days from
the Date of Commencement established in City's wriften 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 otheMise, lime is
of the essence in the performance of the Work. Contractor acknowledges that the time limib and deadlines set forth
in the Contract Documents are reasonable for Contractor to perform and complete the Work.
Liquidated Damages. lf Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liouidated damaqes the amount of One
Thousand Five Hundred Dollars ($1,500.00) per day for each calendar day occuning after the expiration of the
Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as
required by Article 3 of the General Conditions of Contract.
Contractor lnitial here: _.
4, CONTMCT SUM
ln 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 Seven Hundred Forty Seven Thousand Seven Hundred
Seventy-Seven Dollars and Zero cenb ($747,777.00), payable as set forth in the General Conditions ('Contract
Sum'). The actual direct cost of all Permit Fees is excluded from the Conkact Sum, however Contractods cost of
administratjon and coordination of all Govemmental Approvals and Utility Fees is included in the Contract Sum.
5. PERMIT FEE REIMBURSEMENT
ln acmrdance with Paragraph '1 .03 of the General Conditions, the City shall reimburse Contractor for
the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of he Contract
Sum.)
STANOARD CONTMCT FORfuI 2
lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at
[Contracto/s Corporate Seal]
OF VERNON:
[Contractor]:
By:
An Authorized Signatory
Printed Name:
Tifle:
APPROVED AS TO FORM:
By:
CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
CITY
By: -Name:
Title:
Name
Title:
Date:
ATTEST:
By:
Name:
Title:
STANDARD CONTMCT FORM 3
1.01
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1 - PRELIMINARY PROVISIONS
DEFINITIONS
The following words shall have the following meanings:
A. Allowance. A line item cost estimate established bythe City to be caried in the Base Bid sum, Contract
Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently
defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline.
Allowances include estimated amounts established by the City for certain construction elements that
have not yet been fully designed or authorized for inclusion in he Work or to permit defened approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.
B. As.Builts. The documents prepared by Contractor showing the condition of the Work as actually
built, including, without limitalion, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract
Documenls.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.9. not designated as part of a Bid Altemate).
D. Bid. A complete and properly executed offer by the Eidder on City-prescribed forms to perform the
Work for the prices stated in response to the Notice lnviting Bids.
E. Bid Alternate. An item of Work described in the Contract Documents as an Altemate Bid that will
be added to ordeducted from the Base Bid and the Contractois responsibility only ifthe City accepts
the Bid Altemate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid.
The Bid Forms include: (1) Bidde/s Proposal; (2) Schedule of Bid Prices; (3) lncumbency Certificate;
(4) Bid Bond; (5) Biddeis Statement of Oualifications; (6) Experience Form; (7) Trades Experience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Afiidavit of Non-
Collusion; (1'l) lnsurance Requirements Affidavit; and (12) forms included in the Specilication
required by the type of project funding (e,9. federal, ARRA, HUD, etc.).
G. Bidder. The individual, partnership, firm, corporation, joint venture orother legalentity submitting a bid
on these Contract Documents or any part thereof.
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the pmposed
Contract Documenls. The Bidding Requirements consist of: (1)Notice lnviting Bids; (2) lnstructions to
Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding
Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the
Contract (Genenl, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the
Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction
ARTICLE 1
GCJ of 89
J.
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Conkact; (8) all Modifications issued afrer the execution of the Construction Contract; and (9)
Govemmental Approvals, if any, including but not limited to, permib.
Change Order. A Change Order is a wrinen documenl prepared by the City reflecting the agreement
between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a
specilic Scope Change in the Work; the amount of the adjustment, it any, in the Contract Sum; and
the extent of the adjustrnent, if any, in the Contract Time.
Change Order Request (COR). A Change Order Request is a written document originated by the
Contractor, which describes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change that may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Work proposed by
Contractor.
City or owner. The City of Vemon, Califomia, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with
the Project.
Construction Change Directive. A written order prepared and signed by the City directing a change
in Work pnor to agreement on adjustrnent, if any, in the Contract Sum or Contract Time, or both.
Contract Documents. The Contract Documents are enumeraled in the Construction Contract
between City and Contractor and consisl of: (1) the Bidding Requirements; (2) the Construction
Conkact; (3) the Conditions of the Contrdct (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution of the Contract; (8) all Modifications issued after the execution of the Contmct; and (9)
Govemmental Approvals, including, but not limited to, permits, The intent of the Contract Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documenls are complementary, and whal is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
Conkact. The Contract Documents form the Contract for Construction. The Contract Represenb
the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
Contract Sum. The total amount of compensation stated in the Construction Contract that is payable
to Contractor for the complete performance of the Work in accordance with the Contract Documents.
Contracl Time. The total number of days set forth in the Construction Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, subject to adjustments in accordance with the terms of the
Contract Documents. The Contract Time for Contracto/s performance of the Work is measured in
calendar days (not work days).
Contractor. The individual, pafuemhip, firm, corporation, joint venture or other legal entity with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
ART{CLE 1
GC-2 of 89
P.
T.
such individual, partnership, firm, corporation, .loint venture or other legal entity in the execution of the
Contract as general contractor for constructton of the Work.
Conection Period. Conection Period is synonymous with the terms ofthe conection guarantee period
used in the Contract Documents.
Date of Commencement. The date for commencement of the Work fxed by City in a Notice to
Proceed to Contractor.
Day. The terms 'day" or "days' mean calendar days unless othenvise specifically designated in the
Contract Documents. The term 'Work Day" or'Working Day'shall mean any calendar day except
Saturdays, Sundays and City-Ecognized legal holidays.
Director. The Fire Chief of the City of Vemon or his/her duly appointed representative.
Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
Extra Work. New or unforeseen work will be classified as Extra Wo* when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unforeseen costs.
Field Directive. See, 'Work Directive."
Final Completion. Final Completion is the stage of performance of the Wo* when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, conection or completion of all punch
list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of all final Govemmental Approvals has been submitted to Cig including, but
not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been
issued covering the entire Project site without exception or conditions.
Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage,
insunection, riol, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts of God.
Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
Govemmental Approval. Any approval, authorizatron, inspection, certtfication, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in orderfor Contractor to perform the Work.
Guarantee. Assurance to City by Contractor or prcduct manufacturer or other specified pary, as
guarantor, that the specified wananty will be fulfilled by the guarantor in the event of default by the
wanantor.
Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive,
ARTICLE 1
GC-3 of 89
U.
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Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for lhe Work.
Parties. The City and Contractor may be refened to in the Contract Documents from time to time as
the Parties.
Permit Fees. Govemmental Appovals and Utility Fees as required by any agency to be paid by the
City of Vemon.
Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the
Contract Sum to compensate Contractor for the actual direct cost ofall Permit Fees.
PQect. The Project is the total construction of which the Work performed under the Contract
Documenb may be the whole or a part and which may include construction by the City or by separate
contractoG.
Project Manual/Contract Package. The volumes of Contract Documenb and refeence documents
assembled for the Work made available to Bidders.
Record Documents. The Drawings, Specifrcations, addenda, requests for information, bulletins,
Change Orders and other modifications to the Contract Documenb, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracb, and purchase orders. Records Documenb shall include a set of "As-Built" Drawings
and Specifications, which shall be continuously updated dunng the prosecution of the Work.
The physical area designated in the Contract Documents for Contracto/s performance of the
Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Bidding Documents, the Construction Contracl and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, if any, the "GREENBOOK' STANDARD
SPECIFICATI0NS FOR PUBLIC WORKS CONSTRUCTI0N (2012 Edition), the Standard Plans for
Public Works Construction (2009 Edition), State of Califomia, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City ofVemon Standard Plans.
Specifications. The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equrpment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, il any, and any applicable Trade Associatron Specifications.
Substantial Completion. Substantial Completion is defined to mean the stage in the progress of
the Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work lor its intended use and as
further defined in the Contract Documents.
Unilateral Change Order. See "Work Directive."
Utili$ Fees. The fees charged by any public, private, coopeftltrve, municipal and/or govemment line,
facility or system used for the camage, transmission and/or disEibution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to fees for temporary utilities and refuse hauling.
ARTICLE 1
GC4 of 89
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Work.
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PP.
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1.02
RR. Wanang. Assurance to City by contftrctor, installer, supplier, manufactupr or other party responsible
as warantor, for the quantity, quality, performance and other representations of a product, system
service of the Work.
SS. Work. The term "Work' means the construction and olher services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Poect.
TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor
to continue performance ofthe Work or to perform a disputed change in the Work prior to agreement
or ad.lustment, if any, in the Contract Sum, Contract Time, or both.
REPRESENTATIVES
A. The Director shall be the representative of the City and, except as otheMise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the provisions of the
Contract Documents.
B. The Contractor shall at all tmes be represented on the Work in person or by a duly designated agent.
lnstructions and information given by the Director to the Contracto/s agent on the Work shall be
considered as having been given to the Contractor.
PERMITS, INSPECTIONS. PI-AN CHECKS. AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A. Except as otheMise provided in the Notic€ lnviting Bids, the Contractor shall apply for, and obtain, all
permits including, but not limited to, building or structure permits, plumbing system permib, mechanical
system permits, electrical system permits, structural system permits, demolition permib, excavation
permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk, paving orother
steet work grading permits, streeuutility use permits, OSHA permits, lire sprinkler permits, fence
permits, blasting permits, landscaping/irigation permits, and permits to demolish, remove, or make
major alterations to any designated historic resource; inspections; and plan checks obtained after the
Date of Commencement of the Work. The Notice lnviting Bids contains a list of permits and other
Govemmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of
Commencement; Contractor is responsible for obtaining all Govemmenlal Approvals and Utility Fees
not listed in the Notice lnviting Bids.
B. The City will reimburse Contractor monthly for the documented actual direct cost paid to
govemmental agencies or utilities for all Permit Fees according to the payment provisions of the
Contract Documents after submission to the City of he Contractor's and/or Subcontractors' original
receipts from the govemmental entrlres or utilities ("Permit Fee Reimbursemenf). Contractor shall
deliver the original receipt to the City's Project Manager with each permit. All Permit Fees shall be
separately itemized in each Application for Payment and copies ofthe receipt(s) and permit(s) must be
attached. The Base Bid sum / Contract Sum shall include the mst of administration and mordination
for all Govemmental Approvals and Utility Fees.
Contractor shall obtain a no-fee encroachment permit fiom he City of Vemon's Public Work, Water
and Development Services Department,
ARTICLE 1
GC-5 of 89
1.03
All documents evidencing Contractor's satisfaction with all Govemmental Approvals and Utility Fees
must be submitted to the City prior to submission of the Application for Final Payment.
Where requirements of the Govemmental Approvals differ from those of the Drawings and
Specifications, the more stringent requiremenb shall apply.
LICENSES
The Contractor shall apply for, obtain, and pay for all licenses required by goveming authorities for the Work.
Contractor shall apply and pay for a City of Vemon business license.
1.05 ALLOWANCES
Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City's estimated
cost established for each Work item mvered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for delinition of Allowance.
The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contractor of: all materials and equipment, preparation of submittals; labor; transportatjon; delivery;
handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other
taxes legally chargeable; and all other costs and expenses incidental to such Work.
Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City's approval of material
equipment, and pricing information for Work covered by an Allowance before ordering the material or
equipment and in sufficient time to avoid delay to the Work, City shall provide approval of materials,
equipment, and prices wih reasonable pomptness. The material, equipment, and pricing information
submitted by the Contractor to the City's Project l\ilanager shall, at a minimum, include product data
and detailed msts of material, quipment, and laborto complete such Work, itemized by msts incuned
by Contractor and each subcontractor associated wth the performance of such Work. Contractor shall
not order matenals or equipment or proceed with Work covered by an Allowance until the material,
equipment, and pricing information for such Work items have been submitted to the City's Project
Representative for review and the Contractor has received City's approval to proceed with a Work item
mvered by an Allowance.
All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the Crty, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similariy, to the extent the cost of
Wo* items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Oder or Construction Change Directive to reflect the actual cost of the
Allowance item. lf Work items mvered by an Allowance are not performed or the City deletes such
items from the Smpe of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
WAIVER
A waiver by City of any breach of any term, covenant, or condition mntained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character.
ARTICLE 1
GC-6 of 89
c.
D.
1.04
B
C.
D.
E.
1.06
I.()7 DATA TO BE FURNISHED BY THE CONTMCTOR
The Contractor shall fumish the Director with such information as the Director may desire respecting the
character of the materials and the progress and manner of he Work, including all information necessary to
determine the Contractor's cosls, such as the number of persons employed, their pay, the time during which
they worked on the various classes of construction, and other p€ nent data.
I.()8 CONTRACT DMWNGS
The City will accept no responsibility for enors esulting from misinterpretation or scaling ofte Drawings.
I.(}9 SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Orders pertaining to the Work and shall at all times give the Director access thereto, Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be of like effect as though shown or mentioned in both,
B. ln general, the Drawings will show dimensions, positrons, and kind of construction; and the
Specifications will define matenals, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be the same as similar pafu that are detailed, marked or specified.
C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale," must be brought to the Director's attention before proceeding with the Work
affected by the discrepancy.
D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the
responsibility of fumishing, making, or installing all items requipd by law or code, or usually
fumished, made or installed in a project of the scope and general character indicated by the Drawings
and Specificatrons.
E. For mnvenience, the Drawings and Specifications may be ananged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract anangements of lhe Work regardless of the
location or provision in the Drawings and Specifications.
F. The City will fumish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings
and Specifications, The Contractor shall pay for the costs of any additional sets or portions thereof.
The Contractor shall be responsible to see that all sets are the same as the upto-date approved set.
1.I() PRECEDENCE OF CONTRACT DOCUMENTS
A. ln the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Work and/or materials unless othenrvise directed by City in writing. ln
the event none of the Contract Documents place a more stringent requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the document with higher
precedence in accordance with the following order of precedence:
ARTICLE 1
GC-7 of 89
Govemmental Approvals including, but not limited to, permits required for the Work
Modifications issued after execution of the Contract (including modifications to Drawings
and Specifications)
The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
Special Conditions, if any
General Conditions
Specifications
Drawings
Bidding Requirements
B.With reference to the Drawings, the order of precedence is as follows:
1.
2.
3
4.
5.
o.
7.
8,
1,
2.
3.
4.
A
6.
7.
8.
Change Order Drawings
Addenda Drawings
Contract Drawings
Project Drawings
Standard Drawings
Detail Drawings
General Drawings
Figures
9. Scaled dimensions
Within the Specifications, the order of precedence is as follows:
1. Change Orders
2. Special Conditions
3. ProjectTechnicalSpecifications
4. Standard Specifications, if any
5. ApplicableTradeAssocialionSpecifications
ARTICLE 1
GC-8 of 89
1.'11 NOTICE OF CONFLICTS
lf the Contractor, in the counse of the Work, becomes aware of any claimed conflicts, enors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall
immediately notify the Director in writing. The Director shall prcmptly review the matter, and if the Director
finds a conflict, enor oromrssion, the Director shalldetermine the corrective actions and advise the Contractor
accordingly. lf the conection associated with a conflict, error or omission increases or decreases the amount
of Work called for in the Contract, the City shall issue an appropnate Change Order in accordance with the
Contract Documents. After discovery of an enor or omission by the Contractor, any related additional work
performed by the Contractor shall be done at the Contracto/s risk unless authorized by the Director.
1.12 REPORTS
A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the
following information conceming events at Pqect site:
1. List ol Subcontractors at Project site.2. List ol other contractors at Project site,3. Approximate count of personnel at Poect site.4. Equipment at Project site.5. Material deliveries.6. High and low temperatures and general weather conditions, including presence of rain or
snow.7. Accidents.8. Meetings and significant decisions.9. Unusual events.10. Stoppages, delays, shortages, and losses.11. Meter readings and similar recordings.12. Emergencyprocedures.'13. Orders and requests of authorities having jurisdiction,
14. Change 0rders received and implemented.15. Construction Change Directives received and implemented.16. Services connected and disconnected.17. Equipment or system tests and startups.18. Partial mmpletions and occupancies.19. SubstantialCompletionsauthorized.20. List of visitors to Project Site,21. List of personnel at Project Site including names and job classifications.22. Description of Work for the day including locations, quantities and related bid items.
lmmediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submil a detailed report through a Request lor lnformalron (RFl). lnclude a
detailed description of the differing conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contractods Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.
I.13 LINES. GRADES. AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all
survey stakes and reference points as far as possible. Should any stakes or poinB be removed or
ARTICLE 1
GC-g of 89
destroyed unnecessarily by any act of the Contractor or hrs/her employees, they must be reset to the
satisfaction of the Director, at the Contracto/s expense.
B, The Contractor shall inform the Director at least 48 houc (two Work Days) in advance ofthe times and
places at which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned
by giving lines and gnades, by making other necessary measurements, or by inspection.
1,14 RIGHT OF WAY
A. The site for he installatron of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.
B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for working space and for storage of equipment and
materials. The Contractor will be held responsible Ior any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result fom his/her use of City property,
C. ln case areas additional to those available on the Citys rights of way or property are required by the
Contractor for his/her operations, he/she shall make anangements with the poperty owners for the use
of such additional areas at his/her own expense.
I.15 CONTRACTOR'SOPEMTIONS/STORAGEYARD
ln the event the Contractor requires space for the storage and/or staging of mnstruction matenals, supplies,
equipment, stockpiling of debris, or any other needs required for construction operalions, he/she shall acquire at
his/her own expense such areas as he/she may desire. For properties within the City of Vemon, the staging
area must be enclosed at Contractois expense with mnstruction fencing covered with a mesh screen to limit
visibility to the site. Private property used for storage ofconstruction materialor debris shall be restored to a lEal
condition with regard to appearance and maintenance upon conclusion ofthe pmject. Property should be graded
and free of weeds and debris when project is completed.
[END OF ARTICLE]
ARTICLE 1
GC.l0 of 89
2.03
ARTICLE 2.PERFORMANCE OF THE WORK
PERFORMANCE OF WORK. GENEML
Contractor shall, at ib own mst and expense, fumish all necessary materials, labor, transportatron, and
Euipment for doing and perfoming said Work and the materials used shall mmply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and
subject to the appoval of the Director, or his,her designated assistant.
NO ASSIGNMENT OR DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Contract or his/trer interest therein in
whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion.
STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
performed by Contractor under the Contract will be performed in the best manner; that any material fumished
shall be subject to the approvalofthe Director; and that both Work and matenals will meet fully the requirements
of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contracto/s expense.
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and
conections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform
process and quality control sampling and testing and exercise management control the work of his/her
subcontractors, technicians and workeB to ensure that the milling, kansporting, recycling, spreading,
compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the poect. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resulting from mix design and quality control activities, All Quality Control testing
resulb shall be submifted to the City Engineer on a daily basis.
DEFECTIVE WORK
Within the time periods that the City specifies, the Contractor shall conect all deficient, improperly executed, or
unsatisfactory Work determined by the City.
The Contractor shall remove and shall repair or replace, at his/her own expense any pa( of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. lf he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance ofthe Work, it may be replaced by the City at the expense ofthe Contractor, plus '15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defecb after acceptance
of the Work.)
ARTICLE 2
GC-11of89
CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the Ci$, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or othenrrrise neglects to carry out the Work in accordance with
the Contract Documents and fails within a tl8 hour period after receipt of written notice from the City to
commence and conect such default, failure to perform, or neglect with diligence and promptness, the
City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work
Contractor has failed to perform and/or replace or conect deficiencies in the Work. ln such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due to the Contractor the cost of completion, replacement or conection of such deficiencies,
including compensation for additional seruices by the City's prolect management staff, the Architect,
and their respective consultants made necessary by such default, failure to perform, or neglect, plus
15o/olor City's overhead expenses. lf payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is
cumulative.
B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions
of the Work previously assigned to Contractor. ln such case a Change Order or Construction Change
Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such
deleted Work and the Allowable Mark-Up applicable to such deleted Work.
COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, return receipt requested, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All correspondence with Contractor shall be sent to the following address:
Attention:
Phone:
Facsimile:
ARTICLE 2
GC-12 of 89
2.06
B
All communications shall be copied to City and shall be delivered to the Fire Chief at the address set
forth below, with copies to such additional persons as may be directed by the Fire Chief.
Fire Administration Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Andrew Guth
Phone:
Facsimile:
E-mail. aquth@ci.vernon.ca.us
Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, private canier or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of
the fax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contracto/s Project Manager and technical
representatives designated by City. Conkacto/s representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
conceming the Work.
Contractor shall copy City on all written correspondence pertaining to the Contract between
Contractor and any Person other than Contracto/s Subcontractors, consultants and attomeys.
Notification of Affected Residents/Businesses - The Contractor shall be responsible for distribution of
the general information letter of the p@ect to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution
to all residents, business establishments, and institutions fronting on or directly affected by the prolect.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5) working days priorto the beginning of construction
operations in the immediate vicinity. ln addition to the above, the Contractor shall be fully responsible
for such other notifications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.
ARTICLE 2
GC-13 of 89
C.
D.
2.07
2.08
lf a Contractor is unable to adhere to his schedule as indicated on his wriften notification, then all the
affected residents and places of business shall be re-notifled of the revised schedule, in wnting, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal,
E. Notification of Utilities - The provisions of Section 5 entitled 'Utilities" of the "Greenbook" Standard
Specilications shall apply. The Contractor shall contact the Underground Service Alert of Southern
Califomia (U.S.A.) at least two working days in advance of the construction work
INDEPENDENT CONTRACTOR
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or joint venture of the City.
EMERGENCYWORK
A. During Wo*ing Hours:
ln case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Contractor shall act, without previous instructions from the City, as the situation may
wanant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work.
B. Outside of Working Hours:
Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, he Contractor shall act, without previous instructions from the City as the situation may
wanant. He/she shall notify the Director of the emergency and the action taken immediately
thereafrer. Any compensation claimed by the Contractor, together with substantiatng documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work. ln the event the Contractor is not able to
respond to an emergency outside of regular working hours, the City's forces will handle such
emergency Work. lf such emergency arises out of or is the result of operations by the Contractor, the
cost of the mnective measures will be billed to the Contractor and deducted from his/her payment as
povided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract.
SUBCONTMCTORS
A. Each subcontract shall contain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. lf, in the Directods opinion, the Subcontractor fails
to comply with the requirements of the principal Contract insofar as the same may be applicable to the
Subcontractor's Work, the Director may disqualify the Subconfactor.
ARTICLE 2
GCJ4 of 89
2.09
2.10
B. Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.
C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible
to the City for the acts and omissions of Subcontractoc and of persons employed by them as the
Contractor is for the acb and omissions of pesons directly employed by him/her.
D. The Contractor shall be responsible for lhe coordination of the trades, Subcontractoc, and material
suppliers engaged upon he Work. lt shall be the Contractot's duty to see that all of his/her
Subcontractors commence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or materials; and that all damage caused by them or their
workers is made good at his/her expense.
E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or
between subcontractors.
F, The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the
City, on those parts of he Work which are specified to be performed by specialty contractors.
USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT
A. Whenever in the opinion of the Director any Work under the Contract, or any prtion(s) thereof, is in a
condition suitable for use by the City, the City may, after written notice and designation from the
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into
service) any porton(s) designated by the Director.
B. The use of any portion(s) by the City shall not be construed as, and will not mnstrtute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any
wananty and/or guarantee periods.
C, All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due to odinary wear and tear, but due to defective materials or workmanship, the operations of
the Contractor, or any other cause, shall be made at the expense ofthe Contractor.
D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilitres
or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof.
Said use shall not cancel liquftlated damages as of the first date of use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.
COOPERATION WTH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or oher contractoE.
B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City peconnel may be working in the vicinity during the project constructlon period. There may be
some interference between these activities and the Work under the Contract Documents. The
Contractor shall moperate and coordinate his/her Work with that of other Work forces to assure
trmely Contract completion.
ARTICLE 2
GC-l5 of 89
2.11
2.12 AGREEMENTS WTH PROPERTY OWNERS
Agreements with property owners for stonng excavated matenal, stonng any other materials, or for any olher
purpose related to the Work shall be made in writing and a copy submifted to the Director for his/her
information. All storage charges shall be at the Contractor's sole expense.
2.13 PROTECTION OF PROPERTY
All public and private poperty, pavement or impmvement, shall be safely guarded from damage or loss in
connection with this Contract by the Contractor at alltimes. Should any facility, structure, or propery be damaged
during operations of the Contractor, he/she shall immediately notify the property owners or authorities, All
damages and losses incuned shall be paid by the Contractor.
2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Except as otherwise provided in the Conhact Documents and except as to the cost of repair or
restoratron of damage to the Work caused by force majeure, the Contractor shall bear all losses
resultrng to him/her on account of the amount or characler of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbmnces on the line of the
Work, or because the nature of the ground in or on which the Work is done is different from what is
assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which
he/she has been entrusted.
B. Materials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafrer provided and in the
event of his/her failure to carry out said responsibilities, the same may be canied out by the City at the
expense of the Contractor:
1. The Contractor shall be responsible for any materials so fumished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work.
2. The Contractor shall protect City facilities from damage resulting from his/her Work. City
facilities damaged by, or as a result of, the Contracto/s Work under this Contract shall be
repaired or replaced, as directed by the Director, at the Contracto/s expense.
3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during construction. lf Contractor fails to completely remove such items within a
reasonable trme he City may do so at the Contractofs expense.
C. Laws and Regulations
'1, The Contractor shall obey all laws, ordinances, and regulatrons in any manner affecting those
engaged or employed on the Work, or the matenals used in the Work, or in any way affecting
the conduct of the Work, and of all court ordec and decrees having any jurisdiction or authority
over the same. lf any discrepancy or inconsistency should be discovered in this Contract, or in
ARTICLE 2
GC-16 of 89
2.15
the Drawings or Specifications herein refened to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Director.
2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
become effective before Final Completion of this Contract,
3, Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws,
ordinances, and regulations. lf the Contractor ascertains at any tme that any requirement of this
Contract is at variance with such applicable law rEuirement, he/she shall immediately notiry the
Director.
4. lf such applicable law rEuirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. lf such
applicable law requirement was in effect on said date of bid submission, no adjustment of Contract
price will be considered.
5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her
equipment, matenals, or propery used or required in connection with the Work.
WARRANTY AND CORRECTIONS
A. Warranty1. Wananfu. The Contractor warrants to the City that (i) matenals and equipment fumished
under the Contract will be of good quality and new unless othenrvise required or permitted by
the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the
Work will conform to the requirements of the Contract Documenb; and (iv) Contractor will
deliver the Poect free of stop notice claims. Wo* not conforming to these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contnctor's
wananty excludes improper or insufficient maintenance, improper operatron, or normal wear
and tear and normal usage. lf required by the City, the Contractor shall fumish satisfactory
evidence as to the kind and qualig of materials and equipment. This wananty is not limited
by the conection obligatron of Paragraph 2.04 herein.
2. Oveflao. Where any wanantres provided underthe Contract Documents ovedap, conflict, or
are duplicative, Contractor will be bound by the more stringent requirements.
3. Ptocurement and Assiqnment of Wananties: Contractor shall obtain in the name of City, or
transfer or assign to City or City's designee pnor to the time of Final Completion of the Work,
any and all wananties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contractor obtained from any other person or entity otherthan
Contractor including, but not limited to, Subcontraclors and manufacturers, and further agrees
to perform the Work in such a manner so as to preserve any and all such wananties.
Contractor shall secure written wananties from all Subcontractors. Contractor and its
SubcontractoB shall offer any wananty upgrades or extensions that are offered by
manufacturers of any equipment or system installed in the Work to the City. Contractor shall
deliver to City all wananty and guarantee documents and policies.
4. Survival of Wananties: The provisions of this paragraph 2.15 will survive Contracto/s
completion of the Wo* or termination of Contractods performance of the Work.
ARTICLE 2
GCIT of 89
Correction of Work
1. Before or Aftet Final Completion The Contractor shall promptly correct Work Oected by
the City or City's designee, as failing to conform to the requirements of the Contract
Documenb, whether discovered before or after Final Completion and whether or not
fabricated, installed, or completed. Costs of conecting such rejected Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary thereby, will be at the Contractor's expense within the Contract Price.
2. After Final Comoletion.
(a) ln addition to the Contracto/s wananty obligations under Paragraph 2.15-A, rt,
within one (1) year afterthe date of Final Completion of the Work or within the time
period established by any applicable special wananty required by the Contract
Documents, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall commence
conection or replacement of such Work within forty-eight (48) hours after receipt
of written notice from the City to do so. The Contractor shall perform such
conective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice promptly after discovery of the condition.
(b) lf the Contractor fails to commence correction or replacement of non-conforming
Work within forty-eight (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced at the expense ofthe Contractor and
its Performance Bond surety, plus fifteen percent (15%) for the City's overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. lf, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires immediate conection or aftention to
prevent further loss to lhe City or to prevent intenuption of operations of the City,
the City may take immediate action, give notice, make such coneclion, or provide
such attention and the cost of such correction or aftention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
wananties provided in this Article or elsewhere in the Contract Documents.
3. Replacenent or Renoval of Defective or Unauthoized Wotk The Conkactor shall remove
from the Site and replace those portions of the Wo* which are not in accordance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deduct the costs from monies due or to become due to the Contractor.
4. Destruction or Danaoe, ln the event the Contractor destroys or damages any construction
of the City or another contractor while conecting or removing Work which is not in
accordance with the requirements of these Contract Documents, the Contractor shall bear
the cost of repainng or reconstructing that other construction as well,
5. No Limitation Nothing contained in Paragraph 2.15-8 will be construed to establish a
period of limitation with respect to other obligations which the Contractor might have under
the Contract Documents. Establishment of the one-year period for conection of Work as
described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to
ARTICLE 2
GC-18 of 89
B.
corTect the Work, and has no relationship to the limitations periods established by statute
for any construction defect or other causes of action.
2.16 CLEANING AND ENVIRONMENTAL CONTROLS
The Contractor, Subcontractons and employees shall comply with all litter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following:
A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition;
and Remove waste materials, debris and rubbish from site and dispose off-site legally.
B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overflow arising out of the Work. The Contractor shall fumish and operate
a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected
areas in a condition of cleanliness acceptable to the City at all locations affected by the Contracto/s
operations. For purposes of this Paragraph, the affected areas include the project Site as well as all
haul routes to and from the project Site and all areas of construction and restoration which have not
been completed.
C. The Contractor shalltake appropriate action to ensure that no dust originates from the prolect Site.
D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
if introduced to water could be deleterious to aquatic life.
E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or
petroleum products or other organic or earthen material from any construction, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runoff into waters of the State. When operations are completed, any excess materials or debris shall
be removed from the Work area.
2.17 WATER POLLUTION CONTROL
A. The Contractor shall comply with the requirements of Vernon Municipal Code Chapter 21, Article
5 regarding Storm Water controls.
B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of
Disturbed Soil.
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to
meet the minimum water quality protection requirements as defined in Table 2-1.
ARTICLE 2
GC-19 of 89
f ade 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category Minimum Requirements BMPs
1. Sediment Control Sediments generated on the project site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment Control
2. Construction Materials
Control
Construction-related materials, wastes, spills or residues
shall be retained at the project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff.
Non-storm water runoff from equipment and vehicle washing
and any other activity shall be contained at the proiect sites.
Site Management;
Materialand Waste
Management
3. Erosion Control Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Control
Please refer to the Califomia Stormwater Quality Association's Construction Handbook (available on their website:
www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-1.
C. Water Quality Protection Requirements for Construction Projects with One (1)Acre (or greater)
of Disturbed Soi!. ln addition to the minimum BMPs required in Paragraph A, allconstruction projects
where at least one (1) acre of soil will be disturbed, construction activity that results in land surface
disturbances of less than one acre if the activity is part of a larger common plan of development, or the
sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water
General Permit (2009-0009-DWQ Permit).
Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be
submifted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS)( ). PRDs consist of the Notice of
lntent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution
Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Penson (LRP),
and the first annual fee.See: r more
information. A Waste Discharger ldentification (WDID) will be emailed to the LRP after the PRDs have
been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued
by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the
Prqect caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a brief description of the project;
2. Contact information for the owner and contractor;
3. The building permit number for the project;
4. The grading permit numberforthe project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
ARTICLE 2
GC-20 of 89
D
9. A maintenance and self-inspection schedule of the BMPS to determine the effectiveness
and necessary repairs of the BMPs; and
10. A certification statement hat all required and selected BMPs will be effectively
implemented.
Within seven (7) days afrer the City awards the Contract, the Contractor shall submit seven (7) copies
of the proposed SWPPP to the City. The City shall review the SWPPP within 14daysof receipt of the
plan. lf revisions are required, he Contractor shall revise and resubmit the document within seven (7)
days of its receipt of the City's comments. The City shall then have seven (7) days to consider the
revisions made by the Contractor and approve the SWPPP,
The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Regional Water Quality Control Board (LARWOCB) or the U,S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the Ci$.
Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce pollulants in lhe storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the Califomia Stormwater BMP Handbook, Municipal, lndustrial, New Development,
and Constructron Volumes (www.cabmohandbooks.com) in conjunction with all activities and
construction operations, Copies of the Califomia Stormwater BMP Handbooks may be obtained
from:
CalifomiaStormwaterQualityAssociation Cashier
P.O. Box 2313
Livermore, CA 94551
www,cabmohandbooks.com
Los Angeles County DPW
900 Soulh Fremont Avenue
Alhambra, CA 91803
Tel. No. (626)458-6959
lmplementation
The Contractor will be responsible throughout the duration of the Project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contracto/s activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures lo protect soil-disturbed areas of the project site before the onset of precipitation
and shall maintain a detailed plan for the mobilization of suflicient labor and equipment to fully
deploy lhese control measures.
Throughout the winter season, active soil-disturbed areas of the poect site shall be fully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. The Contractor shall monitor daily weather forecasts. lf precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.
ARTICLE 2
GC.21 of 89
F.
The City may order the suspension of construction operations which are creating water pollution if
the Contractorfails to conform to the requirements of this Parayaph2.17 . Unless otherwise directed
by the City, the Contractor's responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work,
Sewage Spill Prevention. The Contracto/s attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard
Specifications for Public Works Construction, Section 500.'1.2.4 or as that section is subsequently
amended.
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a
sewage spill. ln the event of a sewage spill, the Contractor shall make anangements for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and property disposing of raw sewage. ln addition, the Contractor is responsible for any
fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contracto/s expense. The
Contractor shall take all measures necessary lo prevent further damage or service interruption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notifi cation
Should a sewage spill occur, the Contractor shall immediately report the incident to either one of
these two City Departments:
Sewer Maintenance Services City of Vemon Control Center
(323) 826-1461
Fire Department Dispatch Center 911
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and lnspectors. However, if these Cig
representatives are not available, then the Contractor shall immediately call:
Andrew Guth, Baftalion Chief (323) 353-1064
Sewage Spill Written Notilication
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occunence of a spill to the City. This report shall describe all of the following:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
ARTICLE 2
GC-22 of 89
G
H.
6. The corective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
l. Enforcement
The City is subject to enforcement actions by the LARWQCB, U,S, EPA, environmental groups and
private citizens. The Contractor shall indemniry, defend and hold City, its officers, agents and
employees harmless from Contracto/s failure to comply and/or fulfill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17.
The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
ln addition to any remedy authorized by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor
have been satisfied.
J. Maintenance
The Conkactor shall ensure the proper implementation and functioning of BMP control measures
and shall regularly inspect and maintain the construction site for the BMPS identified in the
SWPPP. The Contractor shall identify conective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
lf the City identifies a deficiency in the deployment or functioning of identified control measures, the
deliciency shall be conected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
events. The conection of detlciencies shall be at no additional cost to the City.
K. Payment
All costs involved in the implementation of the SWPPP, including fumishing all labor, materials,
tools, equipment and all incidentals; and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no additional compensation will be made therefor.
2,18 SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Director the following summary of solid waste generated by the Work,
disposed in Class lll landfills, or diverted from disposal through recycling, Report disposal in inert fill
separalely. This form must be accompanied by legible copies of weight tickeb, receipts, or invoices that
specifically identify the prqect generating the material. Said documents must be from recyclers and/or
disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplete and delay progress payments.
ARTICLE 2
GC-23 of 89
Project Title:
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Specification No.
Type of Material (a)
Disposed in Class lll Landflls
(b)
Diverted from Class lll
Landfills by Rerycling
(c)
lleave This Column Blankl
(d)
Disposed in lnert Fills
Tons/CY Tons/CY Tons/CY Tons/CY
Asphalt
Concrete
Meta
0ther Segregated Materials
(Describe):
Miscellaneous Consfuclion
Waste
Tota
Form to be submifted to the City
SIGNATURE:
TITLE:
DATE:
219 RECYCLED.REUSABLEANDRECYCLABLEPRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City.
Those items should be clearly identified. The City may require further information or documentation to
ascertain the suitabili$/appropriateness of a proposed product.
IEND OF ARTTCLEI
ARTICLE 2
GC-24 of 89
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION
COMMENCEMENT. PROSECUTION. AND COMPLETION OF WORK
A Notice to Proceed
The Contractor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an official notification to commence Work. The date on which the notification is
received by the Contractor is herein refened to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notrce to Proceed shall be issued after the Contract is popedy executed, bonds are fumished and
approved, and insurance has been submrtted and approved.
B. Prosecution ofthe Work
Work shall be mntinued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Contractor expressly proposes that he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and that
he/she will complete the Work within the specilied tjme.
C. Required Contract Completion
Time is of the essence in the mmpletion of this Contract. The Work shall be mmpleted in ib entirety
and made ready for service within 180 calendar days following the Date of Commencement
established in the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms
that the Contract Time is a reasonable period for performing the Work.
CITS DECRETION TO EXTEND CONTRACT TIME
ln the event the Work required hereunder is not satisfactorily mmpleted in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discretron, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days.
SUBSTANTIAL COMPLETION
A. Contractor Request for lnspection and Punch List
When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a request for
inspection and a comprehensive punch list of items to be completed or corected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
B. Cig lnspection
Upon receipt ofthe Contracto/s punch list, the Director will make an inspection to determine whether
the Work or designated portion thereof is Substantially Complete. lf the inspection discloses any
item, whether or not included on the Contracto/s punch list, which is not sufficiently complete in
accordance with the Contract Documenb so that the City can occupy or utilize the Work or
ARTICLE 3
GC-25 of 89
3.0't
3.02
3.03
designated podon thereof for its intended use, the Contractor shall, before City's issuance of the
Ce ficate of Substantial Completion, complete or conect such ilem upon notification by City. The
Contractor shall then submit a request for another inspection by City to determine Substantial
Completion.
C. Certificate of Substantial Completion
When the Work or designated portion thereof is substantially complete, the Director will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities ofthe City and Contractor forsecunty, maintenance, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the
Contracto/s punch list acmmpanying the Certificate. Waranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all wananty and guarantee documents and policies,
DEI.AYS AND EXIENSIONS OF TIME FOR CONTRACTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. ln the
event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the
extent possible under the terms of the Contract, to offset the delay.
B. lf any delay to the Work is caused by circumstances within the Contracto/s control, it is notexcusable
and not compensable, and lhe Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom.
C. lf any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Contractor to an equivalent extension of time, but not to any other compensation.
Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for prosecution of the Work, and force majeure.
D. lf any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in lhis
paragraph.
E. The Contractor shall notify the Director in writing of any delay having a direct effecl on the Work and
the causes thereof within 15 days from the beginning of such delay.
F. Any claim for an extension of time or for compensation for damages resulting from delay shall be
made in writing to the Director not more than 30 days after the ending of such delay, The Contractor
shall povide a written report evaluating the impact of the delay which shall include, at a minimum,
all of the following:
1. a nanative description ofthe delay and its impact on the critical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2, a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay;
ARTICLE 3
GC-26 of 89
3.05
3. the number of days of e(ension sought by Contractor as an adjustment to the Contract time;
4. a statement that Contractor has mmplied with the requirements of the General Conditions for
Mitten notice ofdelays, along with the dates and copies of such notices;
5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and
6, the Contacto/s recommendations for reordering or re-sequencing the Work to avoid or minimize
further delay.
No extension of time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time of completion is specified,
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
H. Failure of the Contractor to give wriften notice of a delay, or to submit or document a claim for an
extension of time or for damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
l. When a Contractor experiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension of time will be allowed.
J. An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consent of the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge ofthe Contract,
CLIMATIC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resulting from
inclement weather are unfavorable for the prosecutlon of the Work. The delay caused by such
suspension may entrtle the Contractor to an extension of time but not to any other compensation.
B. lf the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may
request such suspension. The delay caused by such suspension may entitle the Contractor to an
extension of time but not to any other compensation.
C. No extension of time will be granted for suspension of Work unless the suspension affects the timely
completion of all Work under the Contract or the timely completion of a portion of the Work for which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or conditions resulting from inclement weather affects timely completion and entitles the Contractor
to an extension of time shall be made and agreed to in writing by the Director and the Contractor on
each day that Work is suspended. ln the event of failure to agree, the Contractor may protest under
the provisions of Paragraph 7.07.
D. lf Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-halfof his/hercunent normal Work day; and ifthe Work is suspended at the regular starting time
on any Work day and the Contractofs Workforce is dismissed as a result thereof, then he/she will
ARTICLE 3
GC-27 of 89
3.06
be entrtled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.
COMPLETION AND ACCEPTANCE
A. Upon request by the Contractor, the Director shall conduct a flnal inspection of the Work. lf, in the
Directois opinion, Final Completion has been achieved, the Director wrll accept the Work by issuing a
'Notice of Completion" of the Work to the Contractor. Upon the issuance of he Notice of Completion
the Contractor will be relieved from responsibility to protect the Work.
B, Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of
Completion with the County Recorder.
LIQUIDATED DAMAGES
A, Contractor and City agree to liquidate damages in the amount of One Thousand Five Hundreddollarc
($1,500.00) per day, with respect to Contractois failure to achieve Substantral Completion ofthe Work
within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this
Contract as set foft in Govemment Code Section 53069.85. The Contractor acknowledges and
agrees that the liquidated damages are intended lo compensate City solely for the Contractois failure
to meet the deadline for Substanlial 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.
B. ln the event that Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in he Contract form for each calendar day
that Substantial Completion is delayed.
C, Contractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completion of the Work.
Contractor and City acknowledge and agree that the amount of such damages are impossible to
asce(ain as of the effective date hereof and have agreed to such liquidated damages to fix City's
damages and to avoid later disputes. lt is understood and agreed by Contractor that liquidated
damages payable pursuantto this Agreement are nota penaltyand that such amount are not manifestly
unreasonable under the circumstances existrng as ofthe effective date ofthis Agreement.
D. lt 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. ln the event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contractor shall pay the difference to City.
IEND 0F ARTTCLEI
ARTICLE 3
GC-28 of 89
ARTICLE 4. CONSTRUCTION SCHEDULES
4.01 BASELINEPROJECTSCHEDULE
The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format,
to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and
coordinate the Work. The construction schedule shall show the sEuence ol work, critical path and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Contnactorwill be permitted to begin work. ln addition, the Contractor shall submit a detailed schedule
forecasting two (2) weeks of work describing each day's work. This schedule shall be updated and submitted to
the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City
Engineer prior to the start of the work.
A.Format
3.
4
1.At a minimum, the Baseline Project Schedule activities shall be mded on a work discipline basis
and by geographic area or location on the Poject. The Baseline Project Schedule shall include a
detailed description ofeach activity code. The Baseline Poject Schedule shall be based on and
inmrporate contract milestone and completion dates specified in the Contract Documents. lt shall
depictevents,.lobs, and their intenelationships and shall recognize the progress that must be made
on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform the Work ofthe Project.
Overalltime of completion and tme of completion for each milestone shovm on the Schedule shall
adhere to the specilied Contract Time, unless an earlier (advanced) time of completion is
requested by Contractor, agreed to by the City and formalized by Change Order.
Contractor shall use the lalest version of Microsoft Project or equivalent software agreed to by
the parties.
The Cig will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days afrer receipt, he City will accept the
proposed Baseline Project Schedule or will retum it with comments. lf the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. lf
the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project
Schedule, in accordance with the recommendations of the City, and re-submit same for
acceptance, no later than seven (7) calendar days after receipt of said recommendation.
Acceptance of Baseline Poject Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contmctor from the responsibility for
accomplishing the Work in accordance wth the Contract Documenh.
Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities ale
defined as non{ntical Work activities and are considered to have float, Float is defined as the
time that a non{ntical Work actrvity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
available to either party or both pa(ies as needed, Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Methodology.
ARTICLE 4
GC-29 of 89
B.
4.03
2. Delays of any non{ritical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that non-critical Work aclrvity and cause the Work activity
to become cntical.
3. lt is acknowledged that City-caused time savings (i.e., critical path submittal reviews retumed in
less time $an allowed by the Contract Documents, approval ol substitutron requests which result
in a savings of time for Contractor, etc.) create shared float. Accordingly, City+aused delays may
be offset by City+aused time savings.
C. Early Completion
While the Contractor may schedule completion of the Project earlier than the date established by the
Contract Documents, no additronal compensation shall become due the Contmctor for the use of float
tjme between the Contractor's projected eady completion date and the date for Substantial Completion
established by the Contract Documents, unless an earlier (advanced) time of completion is requested
by Contractor, agreed to by the City, and formalized by Change Order,
SCHEDULE UPDATES
A. With each Application for Payment submitted by Contractor (other than the final Application for
Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the
Work completed, status of Wo* in progress, all progress slippages, mnective actions taken, or
slippage carry-over, for all anticipated delays or difficulties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Application for
Payment. lf the Contractor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in pa(, untl the updated Project Schedule is
submitted. ln the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to conect each such delay, including overtime and/or
additional labor, if necessary, ln no event shall any Project Schedule update constrtute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authonzed pursuant to Change Order or Work Directive.
B. At no lime shall historical data contained within the updated Project Schedule (i.e. completed activities)
be removed and/or altered in any way. This historical data is to be preserved within each of the updated
Project Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for each activity within the Schedule.
C, Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. ln cases where unplanned actrvity work
stoppages exceed seven (7) calendar days activities shall be added to the Prqect Schedule to cleariy
indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule
updates are submitted, as required in this Paragraph 4.02 above.
NONCOMPENSABLE $fiRAORDINARY MEASURES
A. Should the City determine, in its sole judgment, that lhe performance of the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Contractor to take corectrve measures to expedite the progress of construction, at no additronal cost
to the City, including, without limitation, the following:
ARTICLE 4
GC-30 of 89
1. Working additional shifts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize pnactical concurrence of accomplishment of activities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule
and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be
entitled to an adjustment in the Contract Sum in connection with the performance of any such
Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights
fumished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that
the Contracto/s performance of the Work will comply with the Contract Time or interim completion
dates set forth in the Conkact Documents. lf Contractor or its Subcontractons fail to implement or
commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may,
without prqudice to other remedies, take conective action at the expense of the Contractor which shall
reduce the Contract Sum accordingly.
4.04 CONDITION OF PAYMENT
Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City's obligation to make payment
to Contnactor of any or all sums that might othenrrrise be due to Contractor in the absence of such noncompliance.
Payment by City under circumstances in which City, for any reason, fails or elects not to assert 1ts right to withhold
payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future
payments on account of such noncompliance or any other noncompliance.
IEND OF ARTTCLEI
ARTICLE 4
GC-31 of 89
5.0,|
ARTICLE 5. SUSPENSION OR TERMINATION OF CONTRACT
TERMINATION BY THE CONTRACTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occunence
ofone ofthe following:
L The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other
persons or entities performing portions of the Wo* under direct or indirect contmct with the
Contmctor, due to:
a. the issuance of an order of a court or other public authority having jurisdiction; or
b. an act of govemment, such as a declaration of national emergency making material
unavailable;
and Contractor has given City written notice within ten ('10) days ofthe occunence of such ground
fortermination, then the Contractor may, upon thirty (30) additionalcalendar days written notrce to
City, unless the reason has theretofore been cured, terminate its performance of the Work.
2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor,
any Subcontractor, SuFsubcontractor, their agents or employees, or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, because the
City has persistently failed to perform any material obligation under the Contract Documents and
fails to cure such default within ninety (90) days afrer the receipt of notice fom Contractor stat ng
the nature of such default.
B. lf Contractor terminates its performance of the Contract in accordance with this Paragraph 5.0'1, the
City shall pay Contractor for the Work executed though the date of termination as set forth in Paragraph
5.04-C below.
TERMINATION BY THE CIW FOR CAUSE
A. Grounds
The City shall have the right to terminate the Contracto/s performance of the Contract, in whole or in
part, without liability to City if:
1. Contractor fails pomptly to begin the Work under the Contract Documenb; or
2. Contractor refuses orfails to supply enough properly skilled workers or proper materials; or
3. Contractor fails to perform the Work in accordance with the Contract Documenb, including
conforming to applicable standards set forth therein in constructing the Pro.iect, or refuses to
remove and replace rejected materials or unacceptable Work; or
4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and dunng the continuance of a Force Majeure event or
suspension by City); or
ARTICLE 5
GC-32 of 89
5.02
5. Contractor fails to resume performance of Work which has been suspended or stopped, wihin a
reasonable time afrer receipt of notice from City to do so or (if applicable) after cessation of the
event preventing performance; or
6. Any representation or wananty made by Contractor in the Contract Documents or any certificate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when mde; or
7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction;or
9. Contractor is guilty of breach of a provision of the Contract Documenb; or
10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails to provide City with adequate assuances of Contractods ability to
satisfy its contractual obligations.
A receiver, trustee, or otherjudicial ofiicer shall not have any right, title, or interest in or to the Contract.
Upon that person's appointment, City has, at its option and sole discretion, the right to immediately
cancel the Contract and declare it null and void.
B. City's Rights.
When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar
days written notrce, terminate Contractor's performance of the Work, in whole or in part, and may:
1. Take pssession of the site and all materials, equipment, tools, constructon equipment, and
machinery thereon owned by the Contractor;
2. Withhold fom Contractor amounls unpaid hereunderand to offset such amounts against damages
or losses incuned by City;
3. Accept assignment of submntracts fom Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Contractor, the Ci$ shall fumish to the Contractor a detailed accounting of the
costs incuned by the City in finishing the Work.
C. Costs
lf City's costs to complete and damages incuned due to Contracto/s default exceed the unpaid
Contract balance, the Contractor shall pay the difference to the City.
D. Wrongful Termination
lf it has been adjudicated or oheruise determined that City has wongfully terminated the Contractor
for cause, then said termination shall be deemed converled to a termination for mnvenience as set
ARTICLE 5
GC-33 of 89
5.03
forth in Paragraph 5.04 and Contracto/s remedy for wrongful termination in such event shall be limited
to the recovery of the paymenb permitted for termination for convenience as set foft in Paragraph
5,04.
PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or performance suspended without electing to terminate the Contracto/s
performance under the Contract and without any penalty being incured by the City.
B. Any such padial deletion or suspension ol the Work shall in no way void or invalidate the Contract nor
shall it provide Contnactor with any basis for seeking payment from City for Work deleted or suspended
except to the extent such Work has already been performed and is otherwise compensable under the
Contract.
C. The City shallhavethe right to later have any such suspended ordeleted Work performed by Contractor
or others without any penalty to the City.
D. ln the event of any partial or complete deletion or suspension of Work, the City shall fumish Contractor
with prompt written notice thereof, and the City shall be entifled to take possession of and have as its
property all Record Documenb, Accounting Recods, and oher data prepared by Contractor or its
Subcontractors.
E. Suspension for Convenience.
1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to
suspend, delay, or intenupt the Work in whole or in part for such period of time as the City may
determine, Such order shall be specifically identified as a "Work Suspension Directive" under his
Section.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City's expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the
Work Suspension Directive during the period of Work stoppage.
3. V\frthin the period of suspension, or such extension to that period as is agreed upon by Contractor
and the City, the City shalleither cancelthe Work Suspension Directive ordelete the Work covered
by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.
4. lf a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Conslruction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interupted by
another cause for which the Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract,
F. Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City
for Contracto/s failure to:
ART CLE 5
GC-34 of 89
1. Conect conditions unsafe for the Project personnel or general public, or
2. Carry out the Contract; or
3, Carry out orders of Crty.
G. Responsibilities of Contractor During Suspension Periods
During periods that Work is suspended, Contractor shall mntinue to be responsible for the Work and
shall prevent damage or injuryto the Project, provide for drainage, and shallerect necessary temporary
structures, signs or other facilities required to maintain the Project and contnue to perform according
to the Contract Documents.
5.04 TERMINATION BY THE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder, City
may terminate Contracto/s prformance of the Contnact, in whole or in part, at any time, for
convenience upon fifteen (15) calendar days written notice to Contractor.
B. Contrastor Aetions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.
At the election of and as directed by the City, any or all of the subcontracts and purchase orders
entered in to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.
C, Compensation
1. lf the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Contractor the following amounts:
a, For Work performed before the effective date of termination, the total (without duplication of
any items) of:
i. The mst of the Work; and
ii. A sum, as overhead and pofit on the cost of he Work, determined by the City to be
fair and reasonable. ln no event shall Contmctor be entitled to recover overhead or
profit on Work not performed.
b. The reasonable costs of settlement ofthe Woft terminated, including:
l,1l,'#llXlfl ;i 3:[fl # ;[il:],fffi :ffi::ilff 'J,?:5','ffl,f;
the preparation
ii. Storage, transpofution, and other cosb reasonably necessary for the preservation,
protection, or disposition of inventory.
2. Such payment shall be Contractois exclusive remedy for termination for convenience and will be
due and payable on the same mnditions as set forth for final payment to the extent applicable.
ARTICLE 5
GC-35 of 89
Upon receipt of such payment, the Contractor and City shall have no further obligations to each
other except for Contracto/s obligations with respect to wananties, representations, indemnity,
maintenance of insurance, and other obligations that survive termination or Final Completion as
provided for herein.
3. lt is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs,
or other compensation or payment of any kind or character shall be due or payable for unperformed
Work regardless of the basis of termination and the inclusion of this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of
termination for convenience prcvided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall C,ontractor be entitled to anticipatory or uneamed profits or consequential
or other damages as a result of a termination or partial termination under this Article 5. The payment
to Contractor determined in accordance with this Article constitutes Contracto/s exclusive remedy for
a termination hereunder.
5.05 CONTMCTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
lf the City terminates Contracto/s performance of Work under the Contract, for cause or convenience or if
Contractor terminates a Subcontractor with the City's approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Records and other data prepared punsuant to the Contract by
Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's
notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this
Paragraph.
IEND OF ARTTCLEI
ARTICLE 5
GC-36 of 89
6.01
ARTICLE 6 - CHANGES
CITY'S RIGHT TO ORDER CHANGES
The City, without invalidating the Contract, may authonze changes in the Work consisting of additions,
deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Wo* shall be authorized by Change Order or Construction Change
Directive and Contractor shall perform such changes in the Work according to the applicable requirements
of the Contract Documents.
APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions o{ the Contract Documenb. The
Contractor shall proceed promptly and diligently with the change, unless othenrrise provided in the Change
Order or Construction Change Directive. lt is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change 0rderor Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive.
Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City
has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.
NOTICE OF SCOPE CHANGE
Contractor shall submit wntten notice of any change in scope to the Director if, in the Contractor's opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation
occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for
which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice
shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar
days after the discovery date of the circumstances of such smpe change or other matters. The written notice
shall state the date, circumstances, extent of ad.iustment to the Contact Sum or the Conkact Time, if any,
requested. The mere presentation of such notice shall not establish the existence of any right by Contractor
to adjustment of the Contract Sum or Contract Time. Failure to provide such timely wntten notice described
herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract
Time on account thereof.
CHANGE ORDERS
A, Computation
Methods used in determining ad.iustments to the Contract Sum by Change Order may include those
listed in Paragraph 6.06 below,
B, Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all ad.iustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
ARTICLE 6
GC-37 of 89
6.02
6.03
6.04
productivity, differing Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafter called "lmpacts'), including any ripple or cumulative effects of
said lmpacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution of any Change Order, Contractor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, lmpacts, or any costs of whatever nature, character or kind arising
out of or incidental to the Change Order. No action, conduct, omission, product failure or course of
dealing by the City shall act to waive, modify, change, oralterthe requirement that (i) Change 0rde/s
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method lor effectuating any change to the Contract Sum and/or Contract Time.
CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B, lf the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment
shall be calculated in accordance with Paragraph 6,06 herein (Pricing Changes in the Work).
C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City ofthe Contracto/s agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Time.
D. lf Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
Contract Sum or Contract Time, then Contractor shall give a Notice ol Scope Change povided in
Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directrve or in a subsequent
Construction Change Directive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out the Work, as
set forth in Paragnph 2.05.
E. A Construction Change Directive signed by the Contractor indicates the Contracto/s agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
F. lf the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with
Paragraph 6.06(E) herein.
ARTICLE 6
GC-38 of 89
6.06 PRICING CHANGES IN THE WORK
A. Alternative Methods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing lhe Contract Sum shall be determined by the Director using one or a combination of the
following methods:
'1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized
and supported by sufflcient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups,
as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contract Documents.
2. Unit Prices. By unit prices contained in Contractor's original Bid and incorporated in the Contract
Documents or fixed by subsequenl agreement between City and Contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Contnctor shall be deemed to include and encompass all Allowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incuned, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
4. Deletion of Work. By Unit Prices contained in Contractor's onginal Bid and incorporated in the
Contract Documents, or by using the Schedule ofValues to determine the value ofthe decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of
the decrease lor the Contractods saved overhead unless the Schedule of Values allocates
general conditions cosb to individual line ilems, in which case no percentage of the decrease
shall be added. When a change consists of both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
cost for the change. The Allowable Mark-Up shall be applied to this net cost.
B. Contractor Maintenance of Daily Records for Changes
1. ln the event that Contractor is dhected to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjustthe Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records. Such
records shall include without limitation:
a. Labor. At the close of each day on which such Extra Wo* is performed, Contractor
shall submit an Exlra Work labor report, on forms provided by Director, to Director that
sets forth a list of the actual hours spent in performing the Extra Work, that clearly
differentiates between the labor expended on the Extra Work and other Work, and the
Allowable Costs for such Extra Work performed that day showing the names of
workers, their classifications, hours worked and hourly rates.
b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed
in the performance of the Extra Work on the day on which such Extra Work is
performed, together with copies of applicable delivery tickets and unit prices for all
materials and for all equipment used the type of equipment, identilication number,
ARTICLE 6
GC-39 of 89
houG ofoperation (including loading and transportation) and houdy/daily rates involved
for that day.
c. Other Services or ExDenditures. A list of other services and expenditures constrtuting
Allowable Costs incuned in performance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
2. ln the event that more than one change to the Work is performed by the Contractor in a calendar
day, Contractorshall maintain separate records of labor, construction equipment, materials, and
equipment for each such change. ln the event that any Subconkactor of any tier shall povide
or perform any portion of any change to the Work, Contractor shall require that each such
Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractois representation and wananty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All recods maintained
by Subcontnctors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontractor's authorized poject manager or superintendent.
All such records shall be fonrrrarded to the Director on the day the Work is performed (same day)
for independent veriflcation. The Director shall aftempt to review and reconcile costs for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the pa cular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director lor such purpose, ln the event that Contractor shall fail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum orContract Time, ifany, on account
of any change to the Work may be deemed waived for that day, Contractor's obligation to
maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor
obligation under the Contract Documents with respect to changes to the Work.
5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incuned for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term'Allowable Costs" shall mean in the case of Extra Work actualcosts incuned by Contractor
and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incuned in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
ARTICLE 6
GC-40 of 89
1.Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at fabrication sites off the site, in the
direct performance of the Extra Work or that would have been incuned in the direct performance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor
costs for equipment operatoc and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawful collective bargaining agreements for employees on straight-time
wages or salaries, and on overtime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct performance
of the Extra Work or that would have been incurred in the direct performance of the deleted
work.
Materials, Consumables. Costs of materials and consumable items which are fumished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleted work shall be at the lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicini$ of the site. lf
City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to
furnish satisfactory evidence of the cost from the actual supplier thereol then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar materials
are available in the quantities required at the time they were needed. The City reserves the right
to furnish such matenals as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so fumished. Material invoices must be included with the extra work report
to obtain payment.
Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
Tool. Equioment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive o{ hand tools, used directly in the
performance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published "Rental Rate Blue Book for Construction Equipment"
or the 'Rental Rate Blue Book for Older Construction Equipment," as published by K-1 11 , San
Jose, Califomia, which is in effect at the time of commencement of the changed work. The
Conkactor shall attach a copy of the rate schedule to the daily reports required by Paragraph
6.06-8, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools which have a replacement value of $500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transpofution, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipment rentalfirm. lf equipmentrsused intermittently and,
when not in use, could be returned to its rental source at less expense to City than holding it at
the Site, it shall be retumed, unless Contractor elects to keep it at the Site at no expense to City.
ARTICLE 6
GC41 of 89
4.
Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for
non-Working Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental of such equipment and
to retum it to the source. lf such equipment is not moved by its own power, then loading and
transportation will be allowed. Neither moving time nor loading and transportation costs will be
paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall
be acceptable to City, in good working condition, and suitable for the purpose for which it is to
be used.
6. Rovalties. Additional or saved cosb of royalties due to the performance of the Extra Work or
deleted work.
7. lnsurance. Bonds. Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall not exceed one percent (1%) of ltems 1 through 6 above.
D. Costs Not Allowed
Allowable Costs shall not include any of the following:
1, Wages, salaries, fringe benelib and payroll taxes of Conkactois and all Subcontractois non-
craft labor (above a Foreman level);
2. Overhead (including home office overhead), administntive or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc,, incuned in connection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Smalltools (replacement value not exceeding $500);
5. Office expenses, including secretarial and administrative stafi, materials and supplies;
6. On-site and off-site trailer and storage rental and expenses;
7. Site fencing;
8, Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10, Federal, state of local business income and franchise taxes;
1 'l . Losses of efficiency or poductivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.06-C,
E. Allowable Mark-Up
1. Extm Work bv mntractor (Markup): The following percentages shall be added to the Contracto/s
costs and shall constitute the markup for all overhead and pofits:
ARTICLE 6
GC-42 of 89
Materials
Equipment Rental
Other ltems and Expenditures
2. Extra Work bv Subcontractor (Markuo): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the
Subconkacto/s actual costs. A markup of 10% up to and including the first $5,000 of the
subcontracted portion of each extra work, and 5% on such extra work in excess of $5,000 may be
added for Contractor.
F. Net Allowable Costs
lf any one scope change involves both Extra Work and deleted work in the same portion of the Work
and the additive allowable costs exceed the deductrve allowable costs, the Allowable Markups on
the Extra Work will be only the difference between the two amounts.
CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST
City may issue a Construction Change Directive or other wntten request to Contractor descnbing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a format
acceptable to City within ten (10) calendar days after City issues the request. The Contracto/s change order
proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contractods proposed methods
to minimrze costs, delay, and disruption to the performance of the Work. lf Contractor fails to submit a written
change order proposal within such period of time, it shall be presumed that the change described in the City's
onginal proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be performed by Contractor without additional mmpensation to Contractor. City's request for itemized
change order proposal request does not authorize the Contractor to commence performance of the change.
lf City desires that the proposed change be performed, the Work shall be authonzed according to the Change
Order or Construction Change Directive procedures set forth herein.
CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR)
lfthe Contractor believes that instructions issued by the City after the effective date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otheMise becomes aware of the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ('COR")
to the City in writing, in a format acceptable to City and in accordance with the notrce provisions and other
requirements of Article 7 below for Claims. The CoR must specify the reasons for the proposed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its description of the Work, its material and labor quantities and detail, and must support and
.lustify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required
to support and justify any additional time of performance requested by the Contractor. The City will not review
any COR which is incomplete. The Contractor may request additional compensation and/or time through a
COR but not for instances that occuned more than ten ('10) calendar days pnor to the notice date. Contracto/s
failure to initiate a CoR within this ten-day penod or to provide detailed back-up documentation to
substantiate the C0R within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any CoR that is
approved by the City shall be incorporated in a Change Order or Construction Change Directive. lf the COR
is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.
ARTICLE 6
GC43 ol89
1SYo
1SYo
1SYo
tssuANcE oF woRK DtREcTrvE (UNILATERAL).
ln the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contracto/s cost of such
disputed Work.
IEND 0F ARTTCLEI
ARTICLE 6
GC44 of 89
7.01
ARTICLE 7. CONTMCT PAYMENTS AND CLAIMS
GENERAL
A. Payment will be made at the price foreach item listed on the bidding form or as Extra Wo* as provided
in lhe Genenal Conditions.
B. lnitial progress payment will not be made prior to approval by the Director of the Schedule of Values,
the Construction Progress Schedule, and the Schedule of Submittals.
C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision
of the Constructron Progress Schedule.
SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City's request, the three (3) lowest bidders shallcomplete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
ln addition, Contractor shall complete and fumish within seven (7) calendar days after receiving the
Notice of Award of the Construction Contract a Final Schedule of Values giving a complete
breakdown of the Contract Sum for each component of the Work.
(..
Content
The Schedule of Values shall be in sufficient detail as the Director may, in its discretron, deem
necessary to evaluate progress at any point in the performance of the Work. Unless otheMise
specified in the Contract Documenls, the Schedule of Values shall include, without limitation, a
breakdown of the general catEories of Subcontractor work, direct overhead, profit and contingency,
and a further breakdown of the general categories of Subcontractor work into separate trade line
items of costs for Subcontractor services, labor and material, which is based on actual Subconlractor
contract, subcontract, purchase order or vendor prices, lf requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contraclor overhead, profit and/or mntingency
among the individual line items for trade portions of the Work. No amounts shall be reflected in the
Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change
order has not been executed by Contractor and City or for which a Construction Change Directive
has not been issued by City. Amounts that have been mutually agreed to by Change Order or
unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from
the cost of the base Conkact Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sufficient detail and supported by sufficient data to
substantiate its accuracy as lhe Director may require.
Apolications for Pavment
The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's
Applications for Payment and may be considered as fixing a basis for adjustrnents to the Contract
Sum.
ARTICLE 7
GC-45 of 89
7.02
B.
D. Revisions
lf, at any time, it is determined that the &hedule of Values does not allocate the Contract Sum in a
manner that reasonably and faidy reflects the actual costs anticipated to be progressively incuned
by Contractor, it shall be revised and resubmitted for the Directo/s approval.
7.03 APPLICATIONS FOR PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below forthe monthly progress payment
meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to
show the percentage of completion certified by Contractor for each line item in the Schedule of
Values, including any stored materials approved for payment by City puGuant to Paragraph 7.03-D,
below and any withholdings from Contractor proposed by Director.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Director on or before the twentieth (20th) day of each month to review the Contracto/s marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise
as appropriate and sign the marked Schedule of Values to verify such review. lf any item in the
marked Schedule of Values submitted for payment is disputed during this review, Contnactor agrees
to use its best efforts to resolve the disputed items with the Director before submitting its Application
for Payment. lf the Director and Contractor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good faith, determines is appropriate to the actual
progress of the Work. No inaccuracy or enor in the Directo/s good faith estimate shall operate to
release Contractor or Surety from any responsibility or liability arising from or related to performance
ofthe Work. The Director shall have the right subsequently to correct any enor and dispute any item
submitted in Contractods Applicalion for Payment, regardless of whether an item was identified as
disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to
Cig that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the
Contract Documentsl
3, Contractor is entitled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors performing such Work,
without any retention, withholding or backcharge by Contractor,
ARTICLE 7
GC46 of 89
7.04
D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or stored off-Site underthe control of City. Such payments shall only be considered upon submission
by Contractor ol satisfactory evidence that it has acquired title to same, that the materialor equipment
will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and
that such other procedures are in place satisfactory to City to protect City's interests. To be
considered for payment, matenals or Euipment stored off-Site shall, in addition to the above
rEuirements and unless otheMise specifically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.
PROGRESS PAYMENTS
A, Conditions to Progress Payments
Contractor shall submit its Application for Payment to the Director, using such forms as required by
City, once a month on or before the lirst (1st) Day of the month following the month in which the
Work that is the subject of such Application for Payment was performed. Without limitation to any
other provisions of the Conkact Documents, the following shall be conditions precedent to a proper
submission and to the Director approval of each Application for Payment:
1, submission of a Schedule of Values that reflects the percentages of completion either agreed to
or determined by Director in accordance with Paragraph 7.03-8, above;
2, submission of the Contractor's certification required by Paragraph 7.03-C, above;
3. submission of conditional releases of stop notice, if any, and bond rights upon progess
payment, complying with Califomia Civil Code Section 8132, for all Work performed dunng the
time penod covered by the cunent Application for Payment, signed by Contractor, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with Califomia Civil
Code Section 8'134 for all Work performed during the time period covered by the previous
Application for Payment, signed by Contractor, its Subcontractors of every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Contract Documents;
5, compliance by Contractor with its obligation for submission of monthly and daily repotu as
required by the Contract Documents;
6. compliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documents pefuining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
ARTICLE 7
GC47 of 89
7.05
8. submission of certifications by Conkactor and each Subcontractor as required by applicable
collective bargaining agreements cedfying that all employee benefit contributions due and
owing pursuant to any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of conditions which, by the terms of the Conlract Documents, constitute conditions
to Contracto/s right to receive payment for Work performed.
Payments by City
Pursuant to Calilomia Public Contract Code Section 20104.50, City shall make progress payment of
undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly
submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value
determined pursuant to Paragraph 7.03-B above of the following:
'1. the portion of the Work permanently installed and in place;
2. plus, the value of matenals delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate of previous payments, and
4, less, any other withholdings authorized by the Contract Documents.
Relection by Gity
Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be retumed to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was Oected.
Failure by City or Director to either timely reject an Application for Payment or specify any grounds
for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are
relected shall be conected and resubmitted within seven (7) Days after receipt by Contractor,
lnterest
lf City fails to make a progress payment to Contractor as required by Paragraph 7.04-8, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Califomia
Code of Civil Procedure Section 685,0'10. The number of Days available to City to make payment
puEuant to Paragraph 7.04-8, above without incuning interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day retum requirement
applicable to City as set forth in Paragraph 7.04-C, above.
FINAL PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums othenrvise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B 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.
ARTICLE 7
GC-48 of 89
D
B. Conditions to Final Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or
otherwise satisfied;
2. Contractor's certification as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by Califomia Civil
Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material
suppliers of each, covering the final payment penod;
6. Unconditional Waiver and Release Upon Progress Payment in the form required by California
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payment period;
7. all Record Documents (including, without limitation, complete and accurate As-Built drawings
which shall be kept up to date during the performance of the Work);
8, documentation that Contractor has inspected, tested, and adjusted performance if every system
or facility of the Work to ensure that overall performance is in compliance with the terms of the
Contract Documents;
9. four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreemenls, and equipment certilications and similar
documents;
10, certiflcations by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benelit contributions due and owing pursuant to any
applicable collective bargaining agreement have been paid in full;
11, releases of rights and claims relating to patents and trademarks, as required by the Contract
Documents; and
'12. any other documents or information required by the Contract Documents as a condition of Final
Payment or Final Completion.
C. Final Payment
Pursuant to the Public Contract Code Section 7'107, within sixty (60) Days after City issues the Notice
of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City's right to withhold 150% of any disputed amounts.
ARTICLE 7
GC-49 of 89
7.06
D. Disputed Amounts
Pucuant to Califomia Public Contract Code 7107, CiV may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to '150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threalened as a result
of Contracto/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. Altematively, 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.
E. Acceptance of Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver of all righb 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.
MISCELLANEOUS
A. Joint Payment
Crty shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Contractor and any Subcontracto(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part of any such joint payment.
Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of
payment by such payee. ln no event shall any joint check payment be construed to create any
contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor
or any third party rights against City or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall not operale in any way to relieve Conkactor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, withholding or
retention by City in good .faith of any disputed portion of a payment, whether ultimately determined
to be conectly or inconectly asserted, shall not constitute a breach by City of the Construction
Contracl and shall not be grounds for an adjustment of the Contract Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.
D. Contractor Payment Warranty
Submission of an Applicatron for Payment shall constitute a representation and wananty by
Contractor that:
1. Title to Work covered by an Application for Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contnactor, whichever occurs first; and
ARTICLE 7
GC-50 of 89
7.07
2, Work covered by previous Applications for Payment are free and clear ol liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other pecon,
E. Corrections
No inaccuracy orenor in any Application for Payment provided by Contractor shalloperate to release
Contractor from the error, or fom losses arising from the Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsequently correct any enor made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
subsequent payments.
PAYMENTS BY CONTRACTOR
Contractor shall not include in its Applications for Paymenl sums on account of any Subcontracto/s portion
ofthe Work that itdoes not intend to pay to such Subcontractor. Upon receipt of paymentfrom City, Contractor
shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account
of such Subcontracto/s portion of the Work, the amount to which said Subcontractor is entifled in accordance
with the terms of its contract with Contractor and applicable laws, including, without limitation, Califomia Public
Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms of these Conlract Documents, to promptly satisfy from its own funds sums due to all
Subcontractors who have performed Work that is included in Contracto/s Application for Payment. Contractor
shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and
material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any tier or material supplier.
PAYMENTS WITHHELD
A. Withholding by City
ln addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otheMise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:
L 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, matenals or equipment;
4, lnability 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 ib Subcontractors to comply with
applicable laws or lawful orders of governmental authorities;
ARTICLE 7
GC-51 of 89
7.08
6. Penalty. Any claim or penalty asserted against City by virtue of Contracto/s failure to comply
with applicable laws or lawful orders of govemmental authorities (including, without limitation
labor laws);
7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing
to meet the Construction Schedule or failing to perform within the Contract 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 inspectron services required due to
Conkactor's failure to comply with the Contract Documents,
'10. Liquidated Damages. Liquidated damages assessed against Conkactor
1 1. Materials. Matenals ordered by City pursuant to the Contract Documents.
12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractoc or any
other peBon 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 0rders, certifications and other required reprts or documentation.
'16. other Breach. A breach of any obligation or provision of the Contract Documenb.
Release of Withholding
lf and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incuned or threatened have been paid, credited or otheruise satsfied, then
payment shall be made for amounts withheld because of them.
Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to b€ appropriate. Such payments may be
made withouta prior judicialdetermination 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 rn good faith. City shall submit to Contractor an
accounting of such funds disbursed on behalf of Contractor. As an altemative 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,
ARTICLE 7
GC-52 of 89
7.09
D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall
maintain mntinuous and unintenupted performance of the Work during the pendency of any disputes
or disagreements with City.
SUBSTITUTION OF SECURITIES
A Public Contrac{ Code
Pursuant to the requirements of Califomia Public Contract Code Section 22300, upn Contractods
request, City will make payment to Contractor of any funds withheld from payments to ensure
performance under the Contract Documents if Contractor depsits with Crty, or in escow with a
Califomia or federally chartered bank in Califomia acceptable to City ('Escrow Agent'), securities
eligible for the investment of State Funds under Govemment Code Section 16430, or bank or savings
and loan certificates ofdeposit, interest-bearing demand deposit accounts, standby letters ofcredit, or
any other secunty mutually agreed to by the Contractor and the City, upon the following conditions:
1 . Contractor shall be the beneficial owner or any secunties substituted for monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but not limited to City's overhead and administrative
expenses, and expenses of Escrow Agent shall be the responsibility of Contractor.
3. Securities or certificates of deposit substituted Ior monies withheld shall be of a value of at least
equivalent to the amounb of retention to be paid to Contractor pursuant to the Contract
Documenls.
4. lf Contractor chooses to deposit securities in lieu of monies withheld with an Escow Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow
agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of
Retention."
5. Contactor shall obtain the written consent of Surety to such agreement,
6. Securities, if any, shall be retumed to Contractor only upon satisfactory Final Completion of the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
time Contractor requests to substitute security, deposit sufficient securily to cover the entire amount to
be withheld. Should the cunent market value of such substituted security fall below the amount for
which it was substituted, or any other amounts which the City witfrholds pursuant to the Contract
Documents, Contractor shall immediately and at Contracto/s expense and at no cost to City deposit
additional security qualifying under Public Contract Code Section 22300 until the cunent market value
of the total security deposited is no less than the amount subject to withholding under the Contract
Documents. Securities shall be valued as ofren as conditions of the secunties market wanant, but in
no case less frequently than once per month.
ARTICLE 7
GC-53 of 89
7.10
C. Deposit of Retentions
Altematively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerEuisite such payment,
enter into an escrow agreement in lhe same form as prescribed in Part 4 of Paragraph A, above. At
the expense of Contractor and at no cost to City, Contractor may direct the investment of the
payments into securities and interest bearing accounts, and Contractor shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for secunties deposited by Contractor. Upon satisfactory Final Completion of
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.
D. Time for Election of Substitution of Securities
Notwithstanding the provision of 7.04 A, B, and C above and Califomia Public Contract Code Section
22300, the failure of Contractor to request tle Substitution of eligible securities formoniesto be withheld
by City within ten (10) days of the awad of Contract to Contractor shall be deemed to be a waiver of
all such rights.
CLAIMS
A, Arising of Claim.
1 . Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contracl
Time due to a scope change which has not yet become flnal, a'claim" will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Contracto/s Change
Order Request.
2. Other Claims. ln the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the
Claim within three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only il it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contracto/s entrtlement to an adjustment of the Contract
Sum or Contract Time and complies with the requirements of Paragraph 7.11-8, below. For
purposes of this Paragraph 7.'l 1, a Claim for which such written notice is required and has been
given by Contractor shall be deemed to arise on the date that such wntten notice is received by
City.
B. Content of Claim
A Claim by Contractor must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description of the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
ARTICLE 7
GC-54 of 89
4
lf the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. lf the Claim does not involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form' required for submittal of Change Order Requests and
actualjob cost records demonstrating that the costs have been incuned;
lf the Claim involves a request for adjustment of the Contract Time, wriften documentation
demonstrating that Contractor has complied with the requirements of the Contract Documents
and written substantiation (including, without limitation, a Time lmpact Analysis) demonstratrng
that Contractor is entitled to an extension of time under the Contract Documents; and
A written certification signed by a managing officer of Contracto/s organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigated and confirmed the truth and accuracy of the matters set forth in such certification,
in the 'following form:
'l hereby certify under penalty of perlury that I am a managing officer of (Contracto/s name) and
that I have reviewed the Claim presented herewith on Contractods behalf and/or on behalf of
(Subcontracto/s name) and that, to the best of my knowledge after conducting a diligent inquiry
into the facts of the Claim, the following statements are true and conect:
The facb alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the Claim
materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is assertjng all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and,
(c) I have, with respect to any request for extension of time or claim of delay,
disruptron, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any po(ion of the Claim) and
confirmed on an event-by-event basis that the delays or disruption suffered by
Contractor and/or such Subconlractor were in fact experienced for the duratrons,
in the manner, and with the consequent effects on the time and/or sequence of
performance of the Wo*, as alleged in the Claim; and,
ARTICLE 7
GC-55 of 89
I have not received payment from City for, nor has Contractor previously released
City from, any portion of the Claim."
Signature:
Name:
Title:
Company
Date:
Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph 7.1 0-
B, above, shall result in the Claim being returned to Contractor without any decision.
Submission of Claims
1. Director. Claims shall be first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop
performance of the Work, but shall diligently proceed with performance in accordance with the
Contract Documents and City will continue, to make undisputed payments as by the Contract
Documents.
3. Time for Filing. All Claims and supporting documentation and certifications must be filed within
thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to
Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect
to such Claim.
Response to Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within flfteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within
(60) days of receipt of the Claim, unless City requests additional information or documentation
of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to
the Claim within thirty (30) days after receipt of the further information or documentation or within
a period of time no greater than that taken by Contractor in producing the additional information
or documentation, whichever is greater.
ARTICLE 7
GC-56 of 89
(d)
D
F.
3. Meet and Confer. lf Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City's
response due date in the event of a failure to respond, and demand an informal mnference to
meet and confer for seftlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conlerence within thifl (30) days of such demand, for discussion of
seftlement of the dispute.
Finality of Decision
lf Contractor disputes the Director's decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of
Dispute within seven (7) days after receipt of the Directo/s response.
Continuing Contract Performance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreemenb. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents, ln the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractorshall continue performance pending resolution of the
dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work.
[END OF ARTICLE]
ARTICLE 7
GC-57 of 89
G.
8.01
ARTICLE 8. MATERIALS AND EQUIPMENT
GENERAL
A. The Contractor shall fumish all materials and equipment needed to complete the Work and installations
required under the terms of this Contract, except those materials and equipment spcifed to be
tumished by the City.
B. The Contractor shallsubmit satisfactory evidence that the materials and equipmentto be fumished and
used in the work are in mmpliance with he Specifications. Materials and equipment inmrporated in
the Work and not specifically covered in the Specifications shall be the best of their kind. Unless
otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be
new.
QUALITY AND WORKMANSHIP
All material and equipment fumished by the Confactor shall be new, high grade, and lree ftom defects and
imprfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be ol the specified quality and equal to approved samples,
if samples have been required. All Work shall be done and completed in a thoough, workmanlike manner,
notwithstanding any omission tom the Specifications or Drawings, and it shall be the duty of the Contractor to
call attention to apparent enors or omissions and request instructions before proceeding with the Work. The
Director may, by appropriate instructrons, conect enors and supply omissions, which instructions shall be binding
upon the Contractor as though mntained in the original Specifications or Drawings. All Work performed under
the Specilications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment
fumished and allWork done must be satisfactory to the Director. Work, matenal, orequipment not in accodance
with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials
and equipment will be rejected, and if so ordered by the Director, shall, at the Contracto/s expense, be
immediately removed from the vicinity of the Work.
TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specilications or Drawtngs the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the pmduct is
designated to match others in use on a padcular improvement either completed or in the course of mmpletion,
the Contractor may substrtute any other brand or manufacture of equal appeaEnce, quality, and utility on
approval of the Director, provided the use of such brand or manufacture involves no additronal cost to the City.
APPROVAL OF MATERIALS
A. The Contractor shall fumish without additional mst to the City such quantilres ol construction materials
as may be required by the Director for test purposes. He/she shall place at the Director's disposal all
available facilitres for and cooperate with him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless otherwse specifed.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the material represented, its place of origin, the names of the producer and
ARTICLE 8
GC-58 of 89
8.02
the Contractor, the Specifications number and tifle, and a reference to the applicable Drawings and
Specifi cations paragraphs.
C. Materials orequipment of which samples are required shall not be used on the Wo* untrl appoval has
been given by the Director in writing. Approval of any sample shall be only for the characteristics of the
uses named in such approval and no other. No approval of a sample shall be taken in itself to change
or modify any Contnact requirement.
D. Failure of any material to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or
make of that material.
ORDERING MATERIALS AND EQUIPMENT
one copy of each of the Contracto/s purchase orders for materials and equipment forming a portion of the Work
must be fumished to the Director, if requested. Each such purchase order shall contain a statement that the
materials and equipment included in the order are subject to inspection by the City. Materials and equipment
purchased locally will, at the City's discretion, be irspected at he point of manufacture or supply, and materials
and equipment supplied from points outside the Los Angeles area will be inspected upon arivalatthejob, except
when other inspection requiremenb are provided for specific materials in other sections of the Contract
Documents.
AUTHORIW OF THE DIRECTOR
A. On all questions conceming the acceptability of materials or machinery, the clasification of materials,
the execution of the Work, and conflicting interesb of Contractors performing related work, the decision
of the Director shall be final and binding.
B. The Director will make periodic observations of materials and completed work to observe their
compliance with Drawings, Specifications, and design and planning conceph, but he/she is not
responsible forthe superintendence of construction processes, site conditions, operattons, Euipment,
personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.
INSPECTION
All materials fumished and work done under this Contract will be subject to rigid inspection. The Contractorshall
fumish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as rcquested by the Director. The Director, or his/her authorized agent or agents, at all ttmes shall have
access lo all parts of he shop and the works wtlere such materials under his/her inspection is being
manufactured or the work performed. Work or material that does not conform to the Specifications, although
accepted thmugh oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or
directed lo do night work or to vary the period during which ltork is canied on each day, he/she shall give the
Director due notice, so that inspection may be povided. Such work shall be done under regulations to be
tumished in writing by the Director.
INFRINGEMENT OF PATENTS
The Contmctor shall hold and save the City, its officers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, a cle, or appliance employed in the execution of the Work or included in the
materials or supplies agreed to be fumished under this Contract, and should the Contractor, his/her agenb,
ARTICLE 8
GC-59 of 89
8.05
8.06
8.08
servants, or employees, or any of them, be enjoined fiom fumishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or
appliances in lieu thereol of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied,
and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may
by this Contract be required to be supplied and used, in that event the Contnactor shall at his/her expense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its offtcens,
agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials,
supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on
account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required,
or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in that event the Director shall have the right to make such substitution, or the City may pay such royalties
and secure such licenses and charye the cost thereof against any money due the Contnactor from the City, or
recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract
may have been made.
IEND OF ARTTCLEI
ARTICLE 8
GC-60 of 89
ARTICLE 9 - SUBMITTALS
9.()I GENERAL
A. The Contactor shall submit samples, drawings, and data forfie Directo/s appoval which demonshate
fully that the constructron, and the materials and equipment to be fumished will comply with the
provisions and intent of the Dnawings and Specifcations.
B, Specific items to be mvered by the submiftals shall include, as a minimum, the following:
1. For structures, submit all shop, setting, equipment, miscellaneous ircn and reinforcement
drawings and schedules necesary.
2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and fumish any other details necessary, Show location of shop and field welds.
3. For equipment which requires electrical service, submit detailed information to show power
supply requiremenb, wiring diagrams, control and protection schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufacture/s
recommendation of the interfaceiinterlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacture/s recommended installation
procedure, detailed installatron drawings, test data and curves, maintenance manuals, and
other details necessary.
5. Samples
6. Colors
7. Substitutions
8. Manuals
9. As-built drawings
'10. Safety plans required by Article 10
PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of tsansmittal and shall be in strict accordance with the
provisions of this Article.
B. Submit priority of pmcessing when appopriate.
SCHEDULE OF SUBMITTALS
A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.
ARTICLE 9
GC$l of 89
9.04 SHOP DRAWNGS
A. All shop drawngs shall be produced to a scale suffciently large to show all peninent features of the
item and its mehod of mnnection to the Work.
B. All shop dnwing prinb shall be made in blue or black line on wtrite background. Reproductions of
City/Contract Drawings are not acceptable.
C. The ovenall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heiqht X Width
11" X8112"
11" X 17"
24" X 36',
30'x42'^
c0L0Rs
Unless the precise mlorand pattem are specified elsewhere, submit accurate color charts and pattem charts to
the Director for his/her review and selection whenever a choice of color or paftem is available in a specified
product. Label each chart naming the source, the poposed location of use on the pmject, and the project.
MANUFACTURERS' LITERATURE
Where contents of submifted literature fom manufacfurers includes data not pe inent to he submittal, cleady
show which portions of he contenb are being submitted for review.
SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.
Any Contractor popsed substitutions are subject to the Directo/s approval.
The Director will consider poposals for substitution of materials, Euipment, and methods only when
such poposals are accompanied by full and complete technical data, and all other information,
including life cycle maintenance data, required by the Director to evaluate the proposed substitution.
B. Any requesb for substitutions by the Contractor must be made within forty-five (45) calendardays from
the lssuance Date on the Notice to Proceed. OtheMise, such requests will not be considered.
C. Trade names and 'or approved equal' povision as set forth in Paragraph 8.03.
MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-112' X 11' format in durable plastic binders. ln addition, manuals
shall be submitted in electonic format. Manuals shall mntain at least the following:
'1. ldentification on, or readable through, the front cover stating general nature ofthe manual.
ARTICLE 9
GC-62 of 89
9.05
9.06
9.07
9.08
9.09
2. Neafly typewritten index near he front of the manual, fumishing immediate information as to
location in the manual of all emergency data regarding the installation.
3. Complete instructions regarding opeft ion and maintenance of all equipment involved.
4. Complete nomenclafure of all replaceable parts, their part numbers, cunent mst, and name
and address of nearest vendor of parts.
5. Copy of all guarantees and wananties issued.
6. Copy of drawings with all data mnceming changes made dunng construction.
B. Where mntents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or othemise clearly indicate, all manufacturers' data with which
this installation is not concemed.
AS.BUILT DRAWINGS
A. When required to be submitted covering items included in this Work, the Confactor shall deliver to the
City one mmplete set of final As-Built hard mpy drawings together with a set of AutoCAD drawing files
in electronic format showing completed building, "as-buif for City records before he Contract will be
accepted by the City.
B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They
shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm).
C. The legibility and contrast of each drawing submifted to the City shall be such that every line, number,
letter, and character is cleariy readable in a full size blow back ftom a 35 mm microfilm negatve of the
drawing.
SUBMITTALS QUANTITIES
A. Submit seven (7) copies of all data and drawings unless specified othenrrrise.
B. Submit all samples, unless specifed othenrvise, in the quantity to be retumed, plus two, which will be
retained by the Director.
IDENTIFICATION OF SUBMITTALS
Completely identiry each submittal and re-submittal by showing at least the following information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for further information.
B. Name of pmject as it appears in the Contract Documents and Contract No.
C. Drawing number and Specifications section number other than this section to which the submittal
applies.
Whether this is an original submittal or r+submittal.
For samples, indicate the source of the sample.
ARTICLE 9
GC$3 of 89
9.10
9.11
D.
E.
9,I2 SCHEDULEOFSUBMITTALS
A. Submit initial schedule of submittals within live (5) Working Days after the lssuance Date on Notice to
Proceed.
B. Submit revised schedule of submittals within five (5) Working Days after date of request from the
Director.
C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.
9.13 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Directo/s review, use all means necessary to fully coordinate all material,
including the following procedures:
1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate alldeviations fiom the Specifications.
B. Unless otheMise specifically permined by the Director, make all submittals in groups containing all
associated items; the Director may reject partial submittals as not complying with the provisions of the
Specificatrons.
9.14 TIMING FOR SUBMITTALS
A. Make all submittals farenough in advance ofscheduled dates of installation to povide all required time
for reviews, for secunng necessary appmvals, for possible revision and re-submittal, and for placing
orders and securing delivery.
B. ln scheduling, allow at least15 Working Days for the Director's review, plus the transit time to and from
the Cig office.
C. Manuals shall be submitted prior to performing functronal tests.
9.15 APPROVAL BYCITY
A. Up to hree (3) copies of each submittal, except manuals, schedule of msts for progress payments,
and as-built drawings will be retumed to the Contractor marked "No Exceptions Taken,'"Make
Conections Noted - Do Not Resubmit,' or'Make Conections Noted - Resubmit.' Manuals, schedule of
costs, and as-built drawings will be retumed for resubmittal if incomplete or unacceptable.
B. Submittals marked 'Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. lf submittal is retumed for conection, it will be marked to indicate lvhat is unsatisfactory.
ARTICLE 9
GC-64 of 89
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Approval of each submittal by he Director will be general only and shall not be construed as:
1. Permitting any departures from the Specifications requiremenb.
2. Relieving the Contnactor of the responsibility for any enons and omissions in details, dimensions,
or of other nature that may exist.
3. Approving departures from additional details or instructions previously fumished by the Director.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A re-submittal is required for any proposed change to an approved submittal. Changes which require
re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. All re-submittals shall include an explanation of the
necessity for the change.
B. Minor conections to an approved submittal may be accomplished by submitting a 'Conected Copy'.
IEND OF ARTTCLEI
ARTICLE 9
GCS5 of 89
ARTICLE 10 - SAFETY
1(}.O,I PROTECTION OF PERSONS AND PROPERW
A. Contracto/s Responsibility: Notwithstanding any other provision of tfre Contract Documents, the
Contractor shall be solely and completely responsible for conditions of the job site, including safety of
all persons and pmperty, during performance ofthe Work. This requirement will apply continuously and
will not be limited to normal working hours. Safety and sanitary provisions shall mnform to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of
these are in conflict, the more stringent requirement shall be followed.
B. Sanitary Facilities. The Contractor shall fumish and maintain sanitary facilities by the worksites for the
entire construction period.
C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations
wanant to protect the public from danger, loss of life, loss of property or intenuption of public services.
Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and poperty, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the Director, a mndition exists which the
Contractor has not taken sufficient precaution of public safety, potection of utilities and/or prolecton of
adjacent structures or property, the Director will order the Contractor to provide a remedy for the
condition. lf the Contractor lails to act on he situatron within a reasonable time period as determined
by the Director, or in the event of an emergency situation, the Director may provide suitable potection
by causing such work to be done and material to be fumished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repairs (including labor and materials)
as are deemed necessary, shall be bome by the Contractor. All expenses incuned by the City for
emergency repairs will be deducted from the fnal payment due to the Contractor.
I(}.()2 PROTECTION FROM HAZARDS
A, Trench Excavation
Excavation forany trench four (4) feet or more in depth shall not begin untilthe Contractor has received
approval from the Director of the Contracto/s detailed plan for worker protection ftom the hazards of
caving ground dunng the excavatron of such trench, Such plan shall show the details of the design of
shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.
No such plan shallallowthe use ofshoring, sloping or protective system less effective than that required
by the Constructron Safety Orders of the Division of Occupational Safety and Health, and if such plan
varies from the shoring system standards established by the Construction Safety orders, the plan shall
b€ prepared and signed by an engineer who is registered as a Civil or Structural Director in lhe State
of Califomia.
B. Confined Spaces
Contractor shall comply with all of the provisions of General lndustry Safety Orders of the Califomia
Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received
approvalftom he Directorofthe Contractor's prognm forconfined space entry. Confined space means
a space that (1) ls large enough and so conligured that an employee can bodily enter and perform
assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3)
ARTICLE 1O
GC-66 of 89
ls not designed for continuous employee occupancy. Failure to submit a confined space entry program
may result in actions as povided in Article 5: "Suspension or Termination of Contract."
C. Matedal Safety Data Sheet
Contractor shall comply with all of the provisions of General lndustry Safety Orders of the Califomia
Administrative Code, The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS)
for each hazardous substance poposed to be used, ten (10) days prior to the delivery of such materials
to the 1ob site or use of such materials at a manufacturing plant where the Director is to perform an
inspection. For matenals which are to be tested in City laboratories, the MSDS shall be submitted with
the sample(s). Hazardous substance is delined as any substance included in the list (Directois Lis0
of hazardous substances prepared by the Director, Califomia Department of lndustrial Relations,
pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may
result in actions as provided in Article 5, "Suspension or Termination of Contract',
I(l.(}3 DIFFERING SITE CONDITIONS
A. Differino Site Condittons Defined. The Contnctor shall pomptly, and before such conditions are
disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are
those conditions, located at the project site orin existing improvemenb and not otheMise ascertainable
by Contractor through the exercise of due diligence in the performance of rts inspection obligations in
the Contract Documents, encounlered by Contractor in digging trenches or other excavattons(s) that
e(end deeper than four feet below the surface of the ground that constitute:
'1. Materialthatthe Contractor believes may be materialthat is hazardous waste as defined in Secton
251'17 of the Health and Safety Code, which is required to be removed to a Class l, Class ll, or
Class lll disposal site in acmrdance with provisions of existing law.
2. Subsurface or latent physical mnditions at the site differing materially from those indicated in hese
Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in Work ofthe character povided for
in these Contract Documents,
B. Notice bv Contractor. lf the Contractor encountes conditions rt believes constilute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be prompuy
reported to the Director followed within twenty-four (24) hour:s by a further written notice stating a
detailed description of the conditions encounlered.
C. The Director will promptly investigate the conditions and lf he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in the
Contracto/s cost of, or time required for, performance of any part of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Chanoe Order Reouest. lf Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative
to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time
lmpact Analysis, in the form required by Anicb 6 of these General Conditions, of the additional
Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
ARTICLE 1O
GC-67 of 89
E. Failure to Comolv. Failure by Contraclor to strictly comply with the requirements of this Paragraph
10.03 conceming the timing and content of any notice of Differing Site Condrtions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiverofany right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason
of such conditions.
F. Final Comoletion. No claim by the Contnactor for additional compensation for Differing Site Conditions
shall be allowed if asserted after Final Payment.
G. ln the event of disagreement between the Contractor and he Director r/vhether the conditions do
materially differ or whether a hazardous waste is involved or whether the conditions cause an increase
or decrease in the Contracto/s cost of, or time required for, performance of any pa( of the Work, the
Contractor shall not be excused from any completion date required by the Contract, but shall proceed
with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requiremenb of, this
Contract which pertain to the resolution of disputes and protesb.
l. Contractor Responsibility. Except as othenvise provided in this Paragraph 10.03 for Differing Site
Conditlons, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surface or subsurface, at the Site or in Existing lmprovements, without adjustment
to the Contract Sum or Contract Time.
TRAFFIC REGUI.ATION
A. During the performance of the Wo* the Contractor shall erect and maintain necessary temporary
fences, bridges, railings, lights, signals, baniers, or other safEuards as shall be appopriate under the
circumstance in his/her judgment for the prevention of accidents; and he/she shall take other
precautions as necessary for public safety including, but not limited to, traffic mntrol. Traffic control
shall be mnducted in acmrdance wth the latest edition of the Work Area Traffic Control (WATCH)
handbook, published by BNi Books, and as directed and approved by the City Traffic and
Transportatron Administrator.
B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications.
C. No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Traffic and
Transportation Administrator and all agencies having jurisdiction.
Contractor shall immediately notiry the Director, the Cig Traffic and Transportation Administrator and
the agencies having jurisdiction of occunences that necessitate modification of the approved traffic
control plan.
D. Contracto/s failure to mmply with this provision may result in actions as provided in Article 5:
"Suspension or Termination of Contract'of these General Conditions.
ARTICLE 1O
GC$8 of 89
10.04
TRAFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, bardcades and other traffic safety devices used to control traffic shall
conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is
more stringent, and as approved by he Cig Tnfric and Transportation Administrator.
1. Portable signals shall not be used unless permission is given in writing by the agency having
ju risd iction.
2. Waming signs used for nighttime conditions shall be reflectorized or illuminated. 'Reflectorized
signs" shall have a reflectorized backgound and shall conform to the cunent State of Califomia
Department of Transportation specifcation for reflective sheeting on highway signs.
B, lf the Contractor fails to provide and install any of the signs or traffic control devices required herby or
ordered by the City staff, staff may cause such signs or traffic mntol devices to be placed by others,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment,
EXECUTION
A. The Contractor shall provide written notification to he Police Department, (323) 587-5171, at least two
(2) weeks prior to the beginning of construction at any particular location. Notrficatron will include the
specific location, project dates, whal lanes of the roadway will be closed and when. Also the
construction poject manage/s name and business phone number and the mnslruction inspecto/s
name and business phone number.
B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of
any posting of temporary no parking signs. Notifcation will include the times, dates and locations of
the posting. When vehicles must be towed for violation of temporary no parking signs, the person who
actually posted the signs, or on-view supervisor of that posting, will be present to answer pe nent
questions that may be asked by the parking enforcement officer or police officer towing the vehicles.
C. The Contractor shall notify the Vemon Fire Department, on a dailv basis during the entrre period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made to the Fire Dispatch (323) 583-4821 and the Contractor shall provide the information required to
identify which oadways would have accessibility problems due to his/her operations. The Contractor
shall submit to Fire Department schedule of Work for their use and files.
D. Roads sub.iect to interference ftom the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Contractor untrl the Work is finished. Except
where public oads have been appoved for closure, traffc shall be permitted to pass through
designated traffc lanes with as little inconvenience and delay as possible.
E. Where altematrng on+way traffic has been authonzed, the maximum time that traffic will be delayed
shall be posted at each end of the oneway traflic section. The maximum delay time shall be approved
by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall
maintain the traffic markingsforthe duration of need. Contractor shall remove the markings by abrasive
blasting when no longer required.
ARTICLE 1O
GC69 of 89
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intensecting traffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, the Contracto/s equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide flaggens to control traffic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the cunent "lnstructions to Flaggers' of the Califomia Department of
Transportation.
2. Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vemon for requirements for building or access road safety improvements that the Contractor
shall construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor.
IEND OF ARTTCLEI
ARTICLE 1O
GC-70 of 89
ARTICLE 11 .INDEMNITY
1I.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shallfully indemnify, hold harmless, protect, and defend
the City, ib officers, employees, agenb, representatives and heir successors and asigns ("lndemnitees") from
and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment,
settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of
accountants, attomeys, experts or other professionals, and costs of investigation, mediation, arbitmtion, litrgation
and appeal), in law or in equity, ofevery kind and nature whatsoever, arising out ofor in mnnection with, resufting
from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractoc, Sub-Subcontractors, design mnsultants or any penson for whose acb any of them
may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by
an lndemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any pesons;
B. lnfringement of any patent rights, licenses, mpyrighb or intellectual poperty which may be brought
against the Contractor or City arising out of Contracto/s Work, for which the Contractor is responsible;
C. Stop notices and claims for labor performed or materials used or fumished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
E. Failure to comply with any Govemmental Approval or similar authonzation or oder;
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
fumished by the Contractor in connection therewith;
G. Breach of any duty, obligation, or requirement under the Contract Documents;
H. Failure to provide notice to any Party as required under the Contract Documents;
l. Failure to potect the property of any utility povider or adjacent pmperty owner; or
J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless of any prior, concunent, or subsequent actrve or passive
negligence by lndemnitees, except that, to the limited extent mandated by Califomia Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise ftom the sole negligence or willful misconduct of
lndemnitees or arise from the acttve nqligence of City.
11.02 ENFORCEMENT
Contractois obligations under this Article extend to claims occumng afier terminatton of the Contracto/s
performance of the Contract or Final Payment to Contnctor. The obligations apply regardless of any actual or
alleged negligent act or omission of lndemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnify an lndemnitee for claims arising from the sole active negligence or wllful misconduct of
the lndemnitee or independent contractors who are directly responsible to lndemnitees. Contracto/s obligatrons
under this Adcle are in addition to any other righb or remedies which the lndemnitees may have under the law
ARTICLE 11
GC-71 of 89
or under the Contract Documents. ln the event of any claim, suit or demand made against any lndemnitees, the
City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such claims; provided, however, that the City may release such funds if the Contnactor
provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole
discretion determine whether such assurances are reasonable.
11.03 NO LIMITATIONS
Contracto/s indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contracto/s indemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts.
IEND OF ARTTCLEI
ARTICLE 11
GC-72 of 89
ARTICLE 12 - INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subconlractor
to commenceWorkon a subcontract untrlall insurance required of said Submntractor has been obtained. Poof
of insurance including insurance certilicates and endorsemenb as set forth in Exhibit 4 must be submitted by
the Contractor prior to the City's execution of the Contract.
12.02 MINIMUMCOVERAGEANDLIMITS
Contractor shall maintain the insurance mverage as set forth in Exhibit 4 thoughout the term of the Contract.
12,03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Contractor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or ib operations limits the application of such insurance
coveErge.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and appoved in writing by
the City Attomey or City's Risk Manager.
12,04 INSURANCE OBLIGATION IS SEPAMTE FROi' INDEMNIW OBLIGATION
This Agreement's insurance provisions:
A. Are separate and independent from the indemnification and defense provisions in Article 12 ofthe
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF ARTICLE]
ARTICLE 12
GC-73 of 89
ARTICLE 13 - BONDS
13.0I REOUIRED BONDS
A. Contractor shall fumish the following bonds:
L A Performance Bond in an amount equalto one hundred percent ('100%) of the total Contract price
in the form shown in Exhibit "'l' aftached hereto.
2. A Payment Bond (Labor and Material) in an amount equalto one hundred percent (100%)ofthe
total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (100/o) of the total Contract price in the
form shown in Exhibit "3" attached hereto.
13,02 POWEROFATTORNEY
All bonds shall be accompanied by a power of attomey fom the sureg mmpany authorizing the person
executing the bond to sign on behalf of the company. lf the bonds are executed outside the State of Califomia,
all copies of the bonds must be countersigned by a Califomia representative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature ofthe
person designated in the power of attomey.
13.03 APPROVEDSURETY
All bonds must be issued by a Califomia admitted surety insurer with the minimum A.M Best Company
Financial strength rating of 'A: Vll", or better. Bonds issued by a Califomia admifted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in Califomia Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attomey from the surety company authorizing the person executrng the bond to sign on behalf of
the company. lf the bonds are executed oubide the State of Califomia, all copies of the bonds must be
countersigned by a Califomia representative of the surety. The signature of the person executing the bond
on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.
13.04 REQUIREDPROVISIONS
Every bond must display the surety's bond number and incorporate the Contract for construction of tre Work by
reference. The terms ol 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 ib obligatrons and shall waive notice of any such change, extension of time, alteration, or modrlication of
the Contract Documents.
13.05 NEW OR ADDITIONAL SURETIES
lf, during the continuance of the Conbact, any of the sureties, in the opinion of the City, are or become non-
responsible or othenvise unacceptable to City, City may require other new or additional sureties, which the
Contractor shall fumish to the satisfaction of City within ten (10) days after notice, and in default thereof the
ARTICLE 13
GC-74 of 89
Contract may be suspended and the materials may be purchased or the Work completed as provided in Article
5 herein.
13.06 WAIVEROF MODIFICATIONSANDALTERATIONS
No modifications or alterations made in the Work to be performed under the Contract or the time of performance
shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of
such events shall be waived by the surety.
13.07 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.
IEND OF ARTTCLEI
ARTICLE 13
GC-75 of 89
ARTICLE 14 - LABOR PROVISIONS
14.0I WORKING HOURS
Work or activity of any kind shall be limited to the houns ftom 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent of the Director and is subject to Cost of ove me Construction lnspection.
Night, Sunday and Holiday Work, No Work shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Yea/s Day, Martin Luther King, Jr. Day, Washington's Birthday, Memonal Day,
lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the
Director, and accordance with such regulations as he/she shall fumish in writing. Before performing
any Work at said times, except Work pertaining to the public safety, the Conkactor shall qive written
notice to the Director so that proper inspection may be provided. 'Night" as used in this paragraph
shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day.
14,02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
ove me construction Work performed at the option of, or for the convenience of, the Contractor will
be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.
Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime
construction Wo* described in Paragraph 14.02(A), will also be at the expense of the Contractor, The
charges will be determined by the City, and submitted to the Contractor for payment.
There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director
or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
Contractor shall comply with the provisions of the Labor Code of the State of Califomia and any
amendments thereof.
'1. The time of service of any v'orker employed upon the Work shall be limited and restricted to eight
(8) hours during any one-calendar day, and 40 hours during any one-calendar week.
2. Work performed by employees ofthe Contraclor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and onehalf trmes the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendarweek by each worker employed by
him/her in connection with the Work; the recod shall be kept open at all reasonable hours to the
inspection ofthe City and to the Division of Labor Standards Enforcement of the State of Califomia.
4. ln the event City deems Contractor is in violation of tris Pangraph '14.03, tre Conlractor shall, as
ARTICLE 14
GC-76 of 89
B.
B
A
a penalty, forfeit Fifty Dollans ($50.00) for each worker employed in the execution of the Contract
by the Contmclor or by any Subcontractor for each calendar day for which the employee was
underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollao $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sufficient to cover
underpaid wages. This subparagraph is effective to the e(ent rt does not directly mnflict with tte
overtime penatty povision of Califomia Labor Code Section 558. ln the event of such mnflict, the
Califomia Labor Code govems over this Paragraph 14,03(A)(4),
14,04 WAGE RATES
Prevailing Wages
1.Contractor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtrme Work in the locality in which the Work is to be performed,
for each crafr, classificatron, or type of worker needed to execute the Contract. The Director of
the Department of lndustrial Relations of the State of Califomia (pursuant to Califomia Labor
Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have
determined the general prevailing rates of wages in the locality in which the Work is to be
performed. The rates are available online at wt/r/wdir.ca.oov,DlsR/R D/. To the extent that there
are any differences 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 Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
The Contractor and any Subcontractor under him/her shall pay not less than the specilied
prevailing rate of wages to all workes employed in the execution of the Contract.
The holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining Contract applicable to the particular craft, classification, or type of workeremployed on
the project.
The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereoffor which such worker was
paid less lhan the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment of wages in excess of those specified herein shall be adjusted by the Contractor at
his/her own expense.
Payroll Records
1 . Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall
keep an accurate payroll remrd, showing he name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each joumeyman, apprentice, worker or other employee employed in
ARTICLE 14
GC-77 of 89
2.
3.
4.
5
B.
connection with the Work. The payroll records shall be ce fled and shall be available for
inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records
along with a statement of compliance.
APPRENTICESHIP STANDARDS
A, Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the joumeyman
houc to be performed under the Contract, the number of apprentices to be employed, and
the approximate dates the apprentices will be employed. Use Form DAS-140 from the State
Depa(ment of lndustrial Relations. The City reserves the right to require Contractor and
Subcontractors to submit a copy of said forms to the City,
2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice
work for every five (5) hours or labor performed by a joumeyman, To request dispatch of
apprentices, use Form DAS-142 from the State Department of lndustrial Relations. The
City reserves the right to require Contractor and Subcontractors to submit a copy of said
forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are
registered, as delined in Labor Code Section 3077.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for joumeyman and apprentices. Contractors who choose not to contribute to
the local training trust fund must make their contnbutions to the Califomia Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142,
B. Failure to comply with the provisions of Califomia Labor Code Section 1777.5 may result in the loss
of the right to bid or perform work on all public works projects for a period of one to three years and
the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of
noncompliance for the fict violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violation. Contractor should make a separate
copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each joumeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Poect Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5)calendardays ofsigning the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
ARTICLE 14
GC-78 of 89
14.05
State Department of lndustrial Relations) shall be completed for each Contractor and Subcontractor
of any tier who pays beneflts 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.
14.06 EMPLOYMENT OF APPRENTICES
A. ln the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions conceming the employment of apprentices in the Labor Code of the State of Califomia
and any amendments thereof.
B. ln the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for
noncompliance in the Labor Code of the State of Califomia and any amendments thereof.
14.07 CHAMCTER OF WORKERS
The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and when required by the Director, the Contractor shall
discharge any person who commits kespass, or in the opinion of the Director, acts in a disorderly, dangerous,
insubordinate, incompetent, or othenrise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim for compensation of damages against the City or any of its offlcers, agents, and
employees.
14.08 NO SMOKING - STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contractor's control, are prohibited from smoking in- or within a 20-foot distance from- the Site, which is a
"place of employment" under Califomia Labor Code $ 6404.5.
IEND OF ARTTCLEI
ARTICLE 14
GC-79 of 89
ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A, By Contractor
Contracto/s right to commence the Claims Dispute Resolution Pmcess shall arise upon the Director's
written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute
to the Director within seven (7) Days afrer the Director rejects all or a portion of Contractor's Claim.
Contractor's Statement of Dispute shall be signed under penalty of pequry and shall state with
specificity the events or circumslances giving rise to the Claim, the dates of their occunence and the
efiect, ifany, on the compensation due or performance obligations of Contractor underthe Construction
Contract. Such Statement of Dispute shall include adEuate supporting data to substantiate the
disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractois
obligations relative to time of performance shall include a detailed, event-by€vent description of the
impact of each delay on Contracto/s lime for performance. Adequate supporting data to a Statement
of Dispute submitted by Contractor involving Contracto/s compensation shall include a detailed cost
breakdown and supporting cost data in such form and including such detailed information and other
supporting data as rEuired to demonstrate the grounds for, and precise amount of, the Claim.
B. By City
City's right to commence the Claims Dispute Resolution Process shall arise at any time following the
City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City ftom asse(ing Claims in Esponse to a Claim asserted by Contractor. A Statement of
Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of
their occunence and the damages or other relief claimed by City as a result of such events.
C. Claims Defined
The tem "claims" as used herein shall be as defined in Califomia Public Contract Code $ 20104(b)(2).
15.02 CI.AIMS DISPUTE RESOLUTION PROCESS
The parties shall uttlize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall partrcipate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process.
A. Direct Negotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days afler receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiatrons by an authonzed representative
with lull knowledge of the details of the Claim or defenses being asserted by such party, and with full
authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City
Council [or other City official] approval of any agreed settiement or resolutlon. ln the Claim involves the
assertton of a right or claim by a Submntractor against Contractor that is in tum being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotiattons, wth the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or eiher party
ARTICLE 15
GC{0 of 89
may declare negotiations ended. All discussions that occur during such negotiations and all documents
prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to
Califomia Evidence Code Sections 1119 and 1152.
Deferralof Claims
Following the completion of the negotiations required by Panagraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Contractor and City, shall be defened pending
Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. ln the event that City does
not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work,
all Claims that have been defened until such Final Completion shall be consolidated within a
reasonable time aftersuch Final Completion and thereafter pursued to resolution pursuantto the Claims
Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties' rights to continue informal negotiations of Claims that have been defened until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as altering the
provisions of this Article 15 defening final determination and resolution of unresolved Claims until after
Final Completion of the Work.
Lega! Proceedings
lf the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiction.
15.03 NO WATVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limitation, any defense based on the assertion that the rights of
Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contracto/s failure to comply with any time periods for
providing notices or for submission or supporting documentation of Claims.
IEND OF ARTTCLEI
ARTICLE 15
GC-81 of 89
ARTICLE.I6 - ACCOUNTING RECORDS
I6.0I MAINTENANCEOFRECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring ib
Subcontractors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and character
(hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters,
rights, duties or obligations relating to the Project or the performance ofthe Work, including, without limitation,
agreements, purchase orders, leases, contracts, commitments, anangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickeb, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts eamed; insurance
rebates and dividends, and other documenb relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims for payment related to the Poect asserted by Contractor
or any Subcontractor ("Accounting Records"). Contractor shall exercise such contols as may be necessary
for proper financial management of the Work. Such accounting and control systems shall comply with
prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of
such remrds for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16.02 ACCESS TO RECORDS
Contractor shall allow, and shall include in its contracts with its SubcontractoB povisions requiring its
Subcontractoc to allow, City and ib authorized representative(s), auditors, attomeys and accountants, upon
twenty{our (24) houc notice to Contractor, full access to inspect and copy all books and records relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 CONTRACTORNONCOMPLIANCE.WTHHOLDING
Contracto/s compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. ln addition to and without limitation
upon City's other nghts and remedies for breach, including any other provisions for withholding set forth in the
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a cunent Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article '16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04 SPECIFIC ENFORCEiTENT BY CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as requhed by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspectton, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
ARTICLE 16
GCS2 of 89
IEND 0F ARTTCLEI
ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WTH APPLICABLE LAWS
Notices, Compliance
Contractor shall give all notices required by govemmental authorities and comply with all
applicable laws and lawful orders of govemmental authorities, including but not limited to the
provisions of the Califomia Code of Regulations applicable to contractoc performing
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety,
prevailing wage and equal employment opportunities.
Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the
Contnct Sum, all local, state and federal taxes, including, without limitatron ali sales,
mnsumer, business license, use and similartaxes on matenals, labor or other items fumished
for the Work or portions thereof provided by Contractor or Subcontractors, alltaxes arising out
of its operations under the Contract Documents and all benefits, insurance, taxes and
contributions for socialsecurity and unemployment insurance which are measured by wages,
salaries orother remuneration paid to Contracto/s employees. lf underfederal excise tax law
any transaction hereunder constrtutes a sale on which a federalexcise tax is imposed and the
sale is exempt fom such excise tax because it is a sale to meat for its exclusive use, then
City, upon request, willexecute documents necessary to show that is a political subdivision of
the State for the purposes of such exemption and that the sale is for the exclusive use of the
City, in which case no excise lax for such materials shall be included in the Bid or Contract
Sum.
Notice of Violations
Contractor shall immediately notify the City and Director in writing of any instruction received
lrom the City, Director, Architect or other person or entity that, if implemented, would cause a
violation of any applicable law or lawful order of a govemmental authority. lf Contmctor fails
to provide such notice, then Director and Architect shall be entitled to assume that such
instruction is in compliance with applicable laws and lawful oders of govemmental authorities,
lf Contractor observes that any portion of the Drawings and Specifications or Work are at
variance with applicable laws or larrvful ordeB of govemmental authorities, or should
Contractor become aware of conditions not covered by the Contract Documents which will
result in Work being at vanance therewith, Conlactor shall promptly notify DiEctor in writing.
lf, without such notice to Director, Contractor or any Subcontractor performs any Work which
it knew, or through the exercise of rcasonable care should have known, was contrary to lawful
orders of govemmental authonttes or applicable laws, then Contractor shall bear all resulting
losses at its own expense, at no cost to City and without adjustment to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all
copies thereoO and all designs and building designs depicted trerein are and shall remain the
sole and exclusive property of the City and the City shall solely and exclusively hold all
mpyrights thereto. Without derogation the City's righb under his Pangraph, the Contractor
ARTICLE 17
GC-83 of 89
A.
B.
c.
and Subcontractoc are gftmted a limited, non+xclusive license, revocable at will of City, to
use and reprcduce applicable portrons of the Contract Documenb and Submittals as
appopriate to and for use in the execution of the Work and for no other purpose.
B. Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, lnspectors
of Record and City's Consultants, a complete set of the Contract Documents that have been
appoved by applicable Govemmental Authorities.
C. Delivery to City
All Design Documenb, Contract Documenb and Submittals in the possession of Contmctor
or Subcontractors shall be retumed to the City upon the earlier of Final Completion or
termination of the Construction Contract; provided, however, that Contractor and each
Subcontractor shall have he right to retain one (1) copy of the Contract Documents and
Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all
subcontracts with Subcontractoc, of every tier, who perform Work on the Project establishing,
protecting and preserving the, City's rights set forth in this Paragraph.
17.03 AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties
or their respective successors or assigns.
17.04 WATVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or
other provisions ofthe Contract Documents at any trme shall not in any way limit or waive that party's
right thereafrer to enforce or compel strict compliance with every term, covenant, condition or other
provision, any course of dealing or custom of the trade notwithstanding. Furlhermore, if the parties
make and implement any interpretation of the Contract Documents without documenting such
interpretation by an instrument in writing signed by both parties, such interpretation and
implementation thereof will not be binding in the event of any future disputes.
I7.05 INDEPENDENTCONTRACTOR
Conkactor is an independent contractor, and nothing contained in the Contract Documents shall be
construed as constituting any relationship with City other than that of Poect owner and independent
contractor. ln no event shallthe relationship between City and Contractor be construed as creating
any relationship whatsoever between City and Contracto/s employees. Neither Contractor nor any
of its employees is or shall be deemed to be an employee of City. Except as othenrvise specified in
the Contract Documents, Contractor has sole auttlority and responsibility to employ, discharge and
otherwise control its employees and has mmplete and sole responsibility as a principal for its agents,
for all Submntractors and for all other Percons that Contractor or any Subcontractor hires to perform
or assist in performing the Work.
ARTICLE 17
GC.84 of 89
I7.06 SUCCESSORSANDASSIGNS
The Contract Documents shall be binding upon and inure to the benelit of City and Contractor and
their permitted successors, assigns and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents,
including rights with respect to the Payment and Performance Bonds, to (a) any other
govemmental peson as permitted by govemmental rules, provided that the successor or
assignee has assumed all of City's obligations, duties and liabilities under the Contract
Document then in effect; and (b) any other PeBon with the prior wntten approval of
Contractor,
B. Contractor may collaterally assign its rights to receive payment under the Contract
Documents. Contractor may not delegate any of its duties hereunder, except to
Subcontraclors as expressly otheMise permitted in the Contract Documents, Contractot's
assignment or delegation of any of its Work under the Contract Documents shall be
ineffective to relieve Contractor of its responsibility for the Work assigned or delegated,
unless City, in its sole discretion, has approved such relief fom responsibility,
Any assignment of money shall be subject to all proper set-offs and withholdings in favor of
City and to all deductions provided for in the Conkact. All money withheld, whether assigned
or not, shall be subject to being used by City for completion of the Work, should Contractor
be in default.
C. Except for the limited circumstances set forth in Paragraph 17.06-8, above, Contractor may
not, without the prior written consent of City in its sole discreton, voluntarily or involuntarily
assign, convey, transfer, pledge, mortgage or otherwise encumber its nghts or interests
under the Contract Documents. No partner, joint venturer, member or shareholder of
Contractor may assign, convey, transfer, pledge, mortgage or otheMise encumber its
ownership interest in Contractor without the prior written consent of City, in City's sole
discretion.
17.07 SURVIVAL
Contractor's representations and wananties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final
Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party
beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury
or property damage pucuant to the terms or provisions hereof, except to the extent that specific
provisions (such as the wananty and indemnity provisions) identify third parties and state that they
are entitled to benefits hereunder. The duties, obligations and responsibilities of the pa es to the
Contract Documents with respect to such third parties shall remain as imposed by law. The Contract
Documents shall not be construed to create a contraclual relationship of any kind between City and
a Subcontraclor or any other PeBon except Contractor.
ARTICLE 17
GC{5 ot 89
I7.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of Crty when
carrying out the provisions ofor exercising the poweror authority granted to them underthe Contract.
They shall not be liable either personally or as employees of City for actions in their ordinary course
of employment.
No agent, consultant, Council member, officer or authorized employee of City, shall be personally
responsible for any liability arising under the Contract.
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded orestopped by any measurement, estimate
or certificate made or given by the City representative or other officer, agent, or employee of City
under any provisions of the Contract from at any time (either before or after the final completion and
acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or
certilicate showing the true and corect amount and character of the work done, and materials
fumished by Contractor or any person under the Contract or from showing at any time that any such
measurement, estimate orcerlificate is untrue and inconect, or improperly made in any particular, or
that the work and materials, or any pa( thereof, do not in fact conform to the Contract Documents.
Notwithstanding any such measurement, estimate or certificate, or payment made in accordance
therewith, City shall not be precluded or estopped from recovenng from Contractor and its Sureties
such damages as City may sustain by reason of Conkactor's failure to comply or to have complied
with the Contract Documents.
17,11 GOVERNING LAW
The laws of the State of Califomia govem the construction and interpretation of the Contract
Documents, without regard to conflict of law principles. Unless the Contract Documents provide
otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment,
modilications, and successor legislation, lf Contractor or City brings a lawsuit to enforce or interpret
one or more pmvisions ofthe Contract Documents, jurisdiction is in the Superior Court ofthe County
of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central
District of Califomia. Contractor and City acknowledge that the Contract Documents were
negotiated, entered into, and executed-and the Work was performed-in the City of Vernon,
Califomia.
17.12 CONFLICT OF INTEREST
A. Contractor covenants that none of ls directors, offlcers, employees, or agents
may participate in selecting, or administering, any contracl or subcontract
supported (inwhole or inpart)by funds pursuant to tris Confact where such
person is a diector, officer, employee or agent of the subcontractor; orwhere
the selection of subcontractors isor hasthe appearance of being motivated by a
desire for personal gain for themselves or others such as family business,
etc.: or where such person knows or should have known that:
'1 . A member of such peGon's immediate family, or
domestic partner or organizalion has a financial interest
in the subcontract;
2. The subcontraclor is someone with whom such person has or is
ARTICLE 17
GC-86 of 89
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
Califomia Political Reform Act, Califomia Govemment Code $87100
et Seg. if such person were a public officer, because such person
would have a 'fnancial or other hterest in the subcontract.
B. Defiriions:
1 . The term "immediate family" means domestic partner and/or those
persons related by blood or maniage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother
in law, brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest' means:
a . Any direct or hdirect linancial interest h the specific contract,
including but not limibd to, a commission orfee, a share of the
proceeds, prospect of a promotion oroffuture employment, a
profit, or any otherform offinancial reward,
b. Any ofthe following interests inthe subcontractor ownership:
partnership hterest or other beneficial interest of five percent
or more; ownership offive percent or more of the stock;
employment in a managerial capacrty; or membeship on the
board of directors or goveming body.
C. Contractor further covenants that rp offlcer, director, employee, or agent
may solicit or accept gratuities, favors, or anything of monetary value from
any actual or potential subcontractor, supplier, a party to a sub agreement,
(or persons who are otherwise in a position to benefit from the actions of any
officer, employee, or agent).
D. The Contractor may not subcontract with a former director, officer, or
employee within a one year period following the termination of the
relationship between said person and the Contractor.
E. Prior to obtaining the City's approval of any subcontracl, Contractor must
disclose to the City any relatonship, financial or othenrvise, direct or indirect, of
the Contractor or any of ls ofiicers, directors or employees or their immediate
family with the poposed subcontractor and its officers, directoF or
employees.
F. For further clarification of the meaning of any ofthe terms used herein, the
parties agree that references are made to the guijelines, rules, and hws of the
County of Los Angeles, State of California, and Federal regulations regarding
conflbtof hterest.
G. Contractor wanants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this
Contractor.
ARTICLE 17
GC{7 of 89
H. Contractor covenants that no member, offlcer or employee of Contractor may
have interest, direct or hdirect, h any contract or subcontract or the
proceeds thereof for work to be performed in connection with this prolect
during his/her tenure as such employee, member or officer or for one year
thereafter.
17,13 FURTHERASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Contractor
hereunder, including assurances regarding assignments of Subcontractors contained herein.
17,14 SEVERABILITY
lf any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having
proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such
clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible,
effect the original intent of the parties, including an equitable adjustment to the Contract Price to
account for any change in the Work resulting from such invalidated portion; and (b) if necessary or
desirable, apply to the court or other decision maker (as applicable) which declared such invalidity
for an interpretation of the invalidated portion to guide the negotiations. The invalidity or
unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance of the Contract, which shall be construed and enforced as if the
Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
17,15 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part
of the Contract or considered in construing the Contract.
17.16 ENTIRE AGREEMENT
The Contract Documents contain the entire understanding of the parties with respect to the subject
matter hereof and supersede all prior agreements, understandings, statements, representations and
negotiations between the parties with respect to its subject mafter.
17.17 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IEND 0F ARTTCLEI
ARTICLE 17
GC{8 of 89
1
EXHIBIT 1
Bond No.:
Premium Amount $
Bond's Effective Date:
PERFORMANCE BOND
REGITALS:
The City of Vernon, California ("City'), has awarded to
(Name, address, and telephone of Contractor)
("Principal"),
a Contract (the "Contract") for the Work described as follows:
Contract No. _:Proiect in Vernon, GA.
2. Principal is required under the terms of the Contact- and all contract documents referenced in it ("Contract
Documents")- to furnish a bond guaranteeing Principal's faithful performance of the Work.
3. The Contact and Contract Documents, including all their amendments and supplements, are incorporated into
this Bond and made a part of it by this reference.
OBL]GATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bonded Sum"),
this amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of lnsurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal promptly and faithtully performs the undertakings,
terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and
supplements), all within the time and in the manner that those documents specrfy, then this obligation becomes null and void.
Othenrvise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and
Contract Documents, as they may be amended and supplemented- including, but not limited to, Principal's liability for
liquidated damages, Wananties, Guarantees, Conection, and Maintenance obligations as specified in the Contract and
Contract Documents- except that Surety's tolal obligation, as described here, will not exceed the Bonded Sum.
2 For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract
Documents, the guarantees in this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly: (a) remedy the default; (b) complete the Project according to the Contract Documents' terms and conditions
then in effect; or (c) using a procuremenl methodology approved by City, select a contractor or contractors- acceptable
to City- to complete all of the Work, and anange for a contract between contracto(s) and City. Surety shall make
available, as the Work progresses, sufficientfunds to pay the cost of completion less the balance of the Contract Sum,
and to pay and perform all obligations of Principal under the Contract and Contract Documents- including other costs
and damages for which Surety is liable under this Bond- except lhat Surety's total obligation, as described here, will
not exceed the Bonded Sum
EXHIBIT I - PERFORMANCE BOND-1 of 3
4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract
Documents, or the nature of the Work performed under the Contract or Contract Documents- including, without
limitation, an extension of time for performance- does not, in any way, affect Surety's obligations under this Bond.
Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or
extension of time,
5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
guaranteeing Principal's faithful performance of the Work.
6 No right of action accrues on this Bond to any entity other than City or its successors and assigns.
7. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay- in addition to the
Bonded Sum- City's reasonable attorneys'fees and litigation costs, in an amounl the courl flxes.
8 Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel,
terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing
below and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
By:By:
Its:
(Signature)(Signature)
(Name)
(Iifle) fiitle)
Addrcss for SeMng Notices or Oher Documents: Addrcss for SeMng Notices or Oher Documents:
CORPOMTE SEAL CORPORATE SEAL
. IHIS EollID ITUST BE EXECWED IN TNPLIC/-TE,. AIIDE}TE ilUgT BE ATTACHED ff THE AWHNfl OF A,VY PERSO', SG,W,VG AS ATTOR/I/EYIIiI,FACT,. THEATIOFINEY-IIE,FACISS,G TAruREffUSIEE NOIARIZED.. A CORPORIIIE SEllt ,ilUST BE,II|PRESSED O , IHrS rcRfi WHEN THE PNtrciF,Al- OR THE SUREry, OR
BOTH,,nEACORPORANON.
APPROVED AS TO SUREW AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FORM:
Director of Public Works, Water & Development Services City Aftorney
ByBy
(Name)
Ii0e)
EXHIBTT I - PERFORMANCE BOND-2of 3
STATE OF CALTFORNTA )
) ss.
couNTY oF )
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
20-,
in fact of
name of
before me, (name), a Notary Public for said County,
personally appeared (name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
attorney in fact.
! certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and conect.
Notary Public
SEAL
EXHIBIT I - PERFORMANCE BOND.3 of 3
EXHIBIT 2
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
The City of Vernon, Californra ("City'), has awarded to
Bond No..
Premium Amount: $
Bond's Effective Date:
1.
(Name, address, and telephone of Design-Buildeo
("Principal"),
a Contract (the "Contract") for the Work described as lollows:
Contraci No. :Proiect in Vernon, CA.
2. Principal is required under Calilornia fuil Qgle Sections 3247-3248 and the terms of he Contract- and all
contract documents referenced in it ("Conkact Documents')- to furnish a bond guaranteeing Principal's paying
claims, demands, liens, or suits for any !!ork, labor, services, materials, or equipment furnished or used in the
Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into
this Bond and made a partof it by this reference.
OBLIGATION:
THEREFoRE, fur value received, We, Principaland
(Name, address, and telephone ot Surety)
('Surety"),
a duly admitted surety insurer under California's 1a,,1/s, agree as follows'
By this 8ond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, adminisfators,
successors, and assigns to pay City the penal sum of
Dollars ($ )('the Bonded sum"),
this amounl comprising not less than the totalContract Sum, in lawful money ofthe United States ofAmerica.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of lnsurance License No.
THE CoNDlTl0N 0F THIS BoND'S 0BLIGATIoN lS THAT, if Principalor a subconkactor fails to pay (a) any person
named in California ejyl eglE Section 3181, or any successor legislation; (b) any amount due under California's
Unemolovment lnsurance eg!b, or any successor legislation, for work or labor performed under the Contract or
Contract oocuments; or (c) any amount under Unemplovment lnsurance egdC Section 13020, or any successor
legislation, that Principal or a subconkactor must deduct, withhold, and pay over to he Employment Development
Department from the wages of its employees, fo mrk or labor performed under the Contract or Contract Documents,
then Surety shall pay for the same in an amount not-to+xceed the Bonded Sum. Othen ,ise, this obligation bemmes null
and void. U/hile this Bond remains in full force and etfect, the following terms and conditions apply to this Bond:
1. Ihis Bond inures b he beneft of any of the persons named in Calitornia ejyl eqdg Section 3181, or any suctessor
legislation, giving trose persons or heir assigns a right oI aclbn in any suit brought upon his Bond, unless Califomia Slyil
QgdC Sectjon 3267, or any successor legislation, applies.
EXHIBIT2 - PAYMENT BOND-l of3
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract,
Conkact Documents, or the nature of the Work performed under the Contract or Contract Documents- including,
without limitation, an extension of time for performance- does not, in any way, affect Surety's obligations under
this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement,
supplement, or extension of time.
3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
paying claims, demands, liens, or suits for any r,vork, labor, services, materials, or equipment furnished or used in
the Work.
4. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay- in addition
to the Bonded Sunr City's reasonable aftorneys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City wriften notice at least 30 days before: (a) the effective date on which the Surety will cancel,
terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, wih the name of each party appearing
below and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
By:By:
Its:
(Signature)(Signature)
(Name)(Name)
fiiUe)fiiue)
Addrcss for Seruing Notices or Oher Documents: Address for Seruing Notices or Oher Documents:
CORPORATE SEAL CORPOMTE SEAL
. THS BAjD MUST BE EXECWED lN TNPLTCATE.. flllDEllCE rlUST E AITACHED ff THE AWHORITY OF ATVYPERSOITSTGNNG AS ATTORI{P{-IiIFACT.. THE ATfCfrMyJ FFACTSS,GMIUREI|UST BE NOTANZED.. A CORPORAIE SEAI MUST BE,ifPRESSED OMHIS rcRil WHEN THE PRltlClPAl- OR THE SURETY, OR
BOTH, AREAC0F(POR,ANON.
APPROVED AS TO SUREW AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FORM:
Bv By-
Director of Public Works, Water & Development Services City Attomey
EXHIBIT 2 - PAYMENT BOND-2 of 3
STATE 0F CALTFORNTA )
) ss.couNTYoF )
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
before me,(name), a Notary Public for said County,
in fact of
name of
personally appeared (name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
attorney in fact.
I certify under PENALW OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and conect.
Notary Public
SEAL
EXHIBIT 2 - PAYMENT BOND-3 of 3
1.
EXHIBIT 3
Bond No.:
Premium Amount; $
Bond s Effective Date;
MAINTENANCE BOND
RECITALS:
The City of Vernon, California ( City') has awarded to
(Name, address, and telephone of Contraclo0
('Principal'),
a Contract (the "Conkact') for the Work described as follows:
Contract No. _:Proiect in Vernon, CA.
2. Principal is required under he terms of he Contact- and all contract documents rererenced in it (.Contract
Documents")- afrer mmpletion of the Work and before the filing and recordation oI a Notice of Completion for the
Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of he
Contract Which shall hold good for a period ot one (1) year from tle dale the City's Notice of Completion and
Acceptance of the Work is fled with the County Recorder, to protect the City against the result of faulty materialor
\,rcrkmanship during that time.
3. The Confact and Contract Documents, including all their amendments and supplements, are incorporated into
this Bond and made a part of it by this reference.
OBLIGATION:
THEREFoRE, for value received, We, Principal and
(Name, address, and telephone ofSurety)
("Surety'),
a duly admitted surety insurer under California's la'ris, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, adminishators,
successors, and assigns to pay City the penal sum of
Dollars ($ )("the Bonded Sum")
this amount comprising not less than the totalContract Sum, in lawful money of the United States ofAmelica.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of lnsuran@ License No. _
THE CoND|T|oN 0F THIS BoND'S oBtlGATloN lS THAT if the said Principal or any of his or her or its submntraclors,
or the heirs, executors, administators, successoc, or assigns or assigns of any, all, or eitrer of them, shall fail to execute
within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to he City
for same, repair or replacement of any and all Work, togeher with any olher adjacent Work wfiich may be displaced by so
doing, that proves to be defective in its roftmanship or material for the period of one (1) year (except wtren oherwise
required in the Contracl to be for a longer period) trom the date the Cty's Notice of Completion and Acceptance, or
equivalent, is fled with he County Recorder, ordinary !'/ear and tear and unusual abuse or neglecl excepted wih respect
to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specifed in this
Bond.
1 When City declares that Pnncipal is in default under lhe Contracl, or Conkact Documents, or bolh, Sureiy shall
prompily remedy the default using a procuremenl methodology approved by City, select a contraclor or contractors-
acceptable to City to complete all of the Work, and arrange for a mntracl between contracto(s) and City Surety shall
make available sufficient tunds to pay ihe cosi of repair or replacement of any and all Work and to pay and perform all
obligations of Principal under the Contraci and Conlracl Documents- includrng other costs and damages for which
Surety is liable under lhis Bond excepl thal S!rety's total obligation, as described here, will nol exceed the Bonded
Sum
EXHIBTT ] _ MAINTENACE BOND-1 of3
2. Should the condition of this bond be fully performed, then this obligation shall become null and void, othenrrrise it shall be
and remain in full force and effect.
3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration,
or addition.
4 Surety's obligations under this Bond are separate, independent from, and nol contingent upon any other surety's
guaranteeing Principal's faithful performance of the Work.
5. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
6. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay, in addition to the
Bonded Sum, City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel,
terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
8. Death of the Principal shall not relieve Surety of its obligations hereunder.
On the date set forth below, Principal and Sureg duly executed this Bond, with the name of each party appearing
below and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:SURETY:
(Company Name)(Company Name)
(Signature)(Signature)
By:
Its:
By:
Its:
(Name)(Name)
(TiUe)(Title)
Address for Serving Notices or Oher Documents: Addrcss fur Seruing Notices or Oher Documents:
CORPOMTE SEAL CORPOMTE SEAL
. I}IS8Of{DMISr 8EffiCITIEDINTRIPIJCATE. BIIDEIdCETilIST 8EATTAC,IEDOFT,EA.'IHC)F.ffl OFA,WPERSO,YS,G,U,I,GASA77Otr{EYJATFACT.. IIE ATTORTIEYIIIFACTSS,GMTURE MIJST E,IIOIARIED.. A CORPoMTE SEqt [rUSr BE
'IIPRESSED
OM],S rcRM W'frN TtE pFltfilpAt- OR TIE SUEry OR ff,TH, ARE A
coFPffiAflo,t
APPROVED AS TO SUREW & AMOUNT OF BONDED SUM: APPROVED AS TO FORM:
By- By
Director of Public tltlorts, Water & Development Services City Attorney
EXHIBIT 3 - MAINTENACE BOND-2 of 3
STATE OF CALTFORNTA )
) ss.
couNTY 0F )
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
in fact of
name of
before me, (name), a Notary Public for said County,
personally appeared .(name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
attorney in fact.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT 3 _ MAINTENACE BOND-3 of 3
EXHIBIT 4
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain - and shall rEuire each of fts
Subcontractors to obtain and maintain - for the duration of the Agreement, policies of insurance meeting the bllowing
req u irements:
A. Woriers' Compensation/Employe/s Liability lnsurance shall provide uiorkers' compensation
statutory benefib as required by law.
1. Employe/s Liability insurance shall be in an amount not less than:
(a) ONE l\,llLLlON DOLLARS ($1,000.000) per accident for bodily injury or disease;
(b) ONE l\4lLLlON DOLLARS ($1,000.000) per employee for bodily injury or disease;
and
G) ONE l\4lLLlON DOLLARS ($1,000.000) policy limit.
B. CommercialGeneral Liability ("CGL") (primary). City and its employees and agents shall be
added as additional insureds, not limiting coverage for the additional insured to "ongoing operations" or in any way
excluding mverage for mmpleted operations. Coverage shall apply on a pnmary, non{ontributing basis in relation to
any other insurance or self-insurance, pnmary or excess, available to City or any employee, representative or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additronal insured. Coverage shall
cutain no conhactors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage.
1. CGL insurance must not be wntten for less lhan the limits of liability specified as Iollo\,vs:
(a) ONE MILLION DOLLARS ($1.000,000) per occunence for bodily injury (including
accidental death) to any one person;
(b) oNE MILLION DOLLARS ($1.000,000) per occurrence for personal and
advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1.000,000) per occurence for property damage; and
(d) TWo_M!!t!SNpgttABS_$2pS0B00seneralassresatelimit,
2. CGL insurance must include all major divisions of coverage and must coverl
(a) Premises Operations (including Explosion, Collapse, and Underground IX,C,U']
coverages as applicable);
(b) lndependentContractor'sProtective;
(c) lndependentContractors;
EXHIBIT 4_ INSURANCE REQUIREMENTS - 1 of 6
(d) Products and Completed Operations (maintain same limits as above untilfive (5)
years after recordation of Notice of Completion)
(e) Personal and Adve sing lnjury (with Employeis Liability Exclusion deleted);
(0 Contractual Liability (including specified provision for Contractois obligation under
Article 11 of the General Conditions); and
G) Broad Form Prope(y Damage.
3. Umbrella or Excess Liability lnsurance (over primary), if pmyided, shall be at least as broad
as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with
defense costs payable in addition to policy limits. There shall be no cross liability exclusion
and no contractor's limitation endorsement. The policy shallhave starting and ending dales
concurrent with the underlying coverages. The Named Insured may determine the layering
of pnmary and excess liability insurance provided that if such layering differs from that
descnbed here, the actual coverage program meets the minimum total rEuired limits and
complies with all other rEuirements listed here.
C. Business Automobile Liability lnsurance
1. Business Automobile Liability lnsurance must cover all vehicles, lvhether rented, leased,
hired, scheduled, owned or non-olvned. lf Contractor does not own any vehicles, this
rEUirement may be satislied by a non{wred vehicle endorsement to the general and
umbrella liability policies, Business Automobile Liability lnsurance coverage amounts shall
not be less than the following:
(a) ONE-MlWN.pOLt4BS_61,0008qq) per occunence for bodily injury (including
accidental death) to any one person; and
(b) ONE IVILLION DOLLARS ($1.000,000) per occunence for property damage; or
(c) ONE MILLION DOLLARS ($1.000,000) combined single limit .
D. Contractors Pollution Liability lnsurance (CPL) lF REQUIRED
1 . Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contract Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of Contractor. Coverage shall be
included on behalf of the insurcd tor covered claims arising out of the actions of independent
contractors, lf the insured is using Subcontractors, the policy must include u/ork performed
"by or on behalf of the insured.
2. The policy limit shall provide mverage of no less than one million dollas ($1,000,000) per
claim and in the aggregate. Coverage shall apply to bodily injury; poperty damage,
including loss of use ot damaged property or of propery that has not been physically inuredj
cleanup costs; and costs of defense, including costs and expenses incuned in the
investigation, defense, or settlement of claims.
EXHIBTT 4 - INSURANCE REQUIREMENTS - 2 of 6
3. All activities contemplated in the ftntract shall be specilically scheduled on the CPL policy
as"coveredoperations,"lnaddition,thepolicyshall provide mverage forlhe hauling of
waste from the Project site to the final disposal location, including nonowned disposal sites.
4. The policy shall specifically provide for a duty to defend on fE part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
E. Builde/s Risk - lF REQUIRED
1. Buildeis Risk lnsurance covering all real and personal property for "all risks' of loss or
'comprehensive perils" coverage including but not limited to he perils of ea(h movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and Euipment to be used in or incidental to the construction at the site, off site,
or in transit, for the full replacement value of such properties. Coverage shall be included for
property of others in the care, custody or control of the insured for which any insured may be
liable. The City will purchase a buildeis risk policy for the Project inslead of a contractor
purchased policy. Bidder should not include cost for this coverage in hisrher bid.
2,0 GENEMTREQUIREIIIENTS-ALLPOLICIES
A, Qualiflcations of lnsurer, At alltimes duringthetermof this Contract, Contracto/s insurance
company must meet all of the following requirements:
1. 'Admitted" insurer by the State of Califomia Depa(ment of lnsurance or be listed on the
California Deparlment of lnsurance's 'List of Surplus Line lnsurers" ('LESLl");
2, Domiciled within, and organized under the laws of, a State of the United Statesi and
3. Carry an A.lM, Best & Company minimum rating of "A:Vll".
B. Continuation Coverage. For insurance coverages lhat are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certiflcates and additional insured endorsements evidencing the continuation of such covecge.
C. Deductibles or Self-lnsured Retentions. Alldeductibles or self-insured retentions are subject to
City's review and approval, in its sole discretion,
D. Commercial General Liability and Business Autornobile insurance policies must be written on an
"occurrence" basis and must add the City of Vemon and its offlcers, agents, employees and Epresentatives as
additional insureds.
E. Contractor's lnsurance Primary, Other insurance (whelher primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractols insurance,
City's insurance, or setf-insurance, or both, will not contribute with Contractois insurance policy,
F. Waiver of Subrogation, Contractor and Contracto/s insurance company waive- and shall not
exercise- any right of recovery or subrogation that Conlractor or the insurer may have against City, or its
representatives, or both.
EXHIBIT 4 - INSURANCE REQUIREMENTS - 3 of 6
G. Separation of lnsureds, Contracto/s insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's lim(s of liability.
H. Claims by Other lnsureds. Contracto/s insurance policy applies to a claim or suit brought by an
additional insured against a Named lnsured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
L Premiums. City is not liable for a premium payment or anolher expense under Contractods policy
J. At any time during the duration of this Contract, City may do any one or more of the following:
1 . Review this Agreement's insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any
way connected with, the services of Contractor under this Agreementt or
(c) The availability, or affordability, or both, of increased liability insurance coverage,
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a
Calilornia corporate surety, guaranteeing payment to City for liability, or msts, or both,
that City incum during City's investigation, administralion, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without intenuption, fom the Project's
commencement date to the Final Payment date, or until a date that City specilies for any coverage that Contractor
must maintain after the Final Payment.
L, Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew,
Contractols insurance company shall mail City written notice at least thirty (30) days in advance of the policy's
cancellation, termination, non+enewal, or reduction in coverage and ten (10) days before its insurance policy's
expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required
coverage as proof that Contracto/s insurance policy has been rene\,t/ed or replaced wrth another insurance policy
which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's rquest, Contractor shallfurnish satisfactory proof of each type of insurance
coverage required- including a certified copy of the insurance policy or policies; certificates, endorsements, renewals,
or replacements; and documents comprising Conkactor's self-insulzlnce program- all in a form and mntent
acceplable to the city Attomey or city's Risk lvlanager.
N. lf Contractor hires, employs, or uses one or more Subcontracto(s) to perform work, services,
operations, or activities on Contracto/s behalf, Contractor shall ensure that the Subcontractor complies with the
following.
'1. l\4eets, and fully complies with, this Agreement's insurance requirements; and
EXHIBIT 4. INSURANCE REQUIREMENTS - 4 of 6
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor's
insurance policy or policies for City's review, or approval, or both. Failure of City to
request copies of such docurnents shall not impose any liability on City, or its employees.
O. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contractods performance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has lhe right but not a duty to obtain or renew the insurance and pay all or part of the
premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe
Contractor,
3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A, Contractor shall have its insurance carrie(s) or self-insurance administrator(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contractor delivers
this Agreement to City. City will neither sign this Agreement nor issue a 'Notice to Proceed" until the City Attomey or
City's Risk l,4anager has reviewed and approved all insurance documents. City's decision as to the acceptability of all
insurance documents is final. Sample insurance documents in the City's approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and
Contracto/s Pollution Liability lnsurance, The following submittals must be on forms satisfactory to the City Attorney or
City's Risk [/anager, and signed by the insurance canier or its authorized representative - which fully meet the
rEUirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. "Certiflcate of lnsurance"
2.'AdditionallnsuredEndorsement"3. Subrogation Endorsement: 'Waiver of Transfer to Rights of Recover Against Others'
Both Certrficates of lnsurance and Additional lnsured Endorsements must read as follows: 'The City of Vernon,
and its officec, agents, employees and representatives are included as additional insureds under the policy(s). This
insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of,
and will not contnbute wrth this insurance. This insurance applies separately to each insured or additional insured $/tlo
is seeking mverage, or against \r/hom a claim is made or a suit is brought, The issuing company shall mail thirty (30)
days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage,"
C. Required Submittals for Workers' Compensation lnsurance. Contractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk
Manager, and signed by the insurance carrier or its authorized representative - which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. lf
Contractor is self-insured for workers' compensation, a copy of the'Certificate of Consent to Self-insure" from the
State of California is required; or if Contractor is lalvfully exempt from workers' compensation laws, an "Affirmation of
Exemption lrom Labor Code $3700" f0rm is required,
D. Required Evidence of Builder's Risk Coverage. Citywillprovide a ce(ificate of insurance and a
declarations page on a form satisfactory to the City Attorney or City's Risk lvlanager, and signed by the insurance carrier
or its authorized representative. The policy terms must fully rneet the requirements of, and contain provisions entirely
consistent with, allof the insurance requirements set forth herein. The City shall be named as a loss payee on the
insurance policy lor the full replacement value of all buildings, structures, fixtures and materials to be constructed,
maintained, repaired or supplied pursuanl to this Contract.
EXHIBIT 4 INSURANCE REQUIREMENTS - 5 of 6
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so+alled "third
party action ove/' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any "seltinsured retention" must be declared and approved by City. City reserves the right to require
the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms
to avoid nsk transfer are not acceptable. lf Contractor has such a program, Contractor must fully disclose such program
to City.
EXHIBIT 4 - INSURANCE REQUIREMENTS - 6 of 6
EXHIBIT B
SPECIAL PROVISIONS . SPECIFIC FOR THIS PROJECT
FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR. CONTRACT NO. FD-0152
B-1.01 Scooe of Work - The City of Vemon, Ca, Fire Department, invites bids from qualified contractors
to furnish one (l) Haz-Mat and USAR Mobile Training Facility. This mobile facility must be compliant
with the Urban Area Strategic Initiative (UASI) and the Homeland Security Grant Program (HSGP), which
will fund this project.
1.Contractor shall build and install a three (3) story Regional Training Facility, constructed from
thirteen (13) 8'X8.5'X40' International Organization for Standardization (ISO) containers, to
include Urban Search & Rescue and integrated Hazardous Material live fire burn, spill, leak, and
vapor release mitigation props.
This is an engineer, design, construct and deliver type specif,rcation. It is not the intention of the
City to disqualifu vendors or manufacturers of similar or equal equipment of the types specified. It
should be noted that the specifications are written around specific needs of the Vemon Fire
Department and the surrounding region.
Models included in the specifications are for reference only to indicate level of quality and
required service functions. There is no intention to limit this request to any one model.
Site preparation where the mobile facility will be assembled for use will be the responsibility of the
City of Vernon.
Mobile Facilities manufactured outside of the United States will not be considered.
B-f .02 Length of Contract - All work in this project shall be completed within 180 (one-hundred-eighty)
calendar days as specified in the Bidder's Proposal.
8-1.03 Specifications - Office Improvements shall conform to the Part I - General Provisions of the
'GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015
Edition). The AMERICAN INSTITUTE OF ARCHITECT SPECIFICATIONS shall be used as the
specifications for any work not specifically provided for in the project manual for tenant improvements.
8-1.04 Delavs and Extensions of Time - The provisions of Section 6-6 entitled "Delays and Extensions
of Time" of the Standard Specifications shall apply except as modified and supplemented below.
The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall 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 City Engineer. The length
of contract time stipulated includes any time which may be required to obtain materials,
equipment and labor, and the Contractor in submitting a bid shall be deemed to have
ascertained the availability of materials, equipment and labor and considered same in his
proposed construction schedule.
3.
4.
5.
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2.
8-1.05 Oualitv of Work - The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the
Standard Specifications (2012) shall apply. ln addition, any work deemed unacceptable by the City
Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his
expense.
8-1.06 Liquidated Damaees - As stated in Section 3.07 in Exhibit A - General Conditions, the
Contractor shall pay the sum $1,500.00 per day, with respect to Contractor's failure to achieve
Substantial Completion of the Work within the Contract Time.
8-2.01 Schedulins of Work - The Contractor shall submit his work schedule to the City Engineer at the
pre-construction meeting. The construction schedule shall show the sequence of work, critical path and
estimated time for completion of each segment of work. This schedule must be reviewed and accepted by
the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall
submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule
shall be updated and submitted to the City every other Monday during the construction period. The
Contractor shall give 48 hours' notice to the City Engineer prior to the start of the work.
B-2.02 Construction Hours - The type of work below will have time restrictions as followed:
All work shall occur Monday thru Friday between the hours of 8:30 a.m. - 5:30 p.m.
Weekend work will be allowed upon approval of the City Engineer
B-3.0f Phasine of Work - Phase I will consist of $200,000 funded by the 2013 SHSGP Grant. Phases II
and III will be funded through the 2014 SHSGP Grant at $300,000 and the 2014 UASI Grant Program at
$300,000.
8-3.02 Traffic Requirements - Before any partial or total closure of any street, the Contractor, its agents,
or employees shall be required to obtain the approval of the City Engineer, or his/her designee.
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and
continuous passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and
maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as
set-forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as
required by the City Engineer to insure safe passage of traffic.
8-4.01 Extra Work - In the event the City and the Contractor are unable to negotiate an agreed price for
extra work, which is acceptable to both parties, payment shall be made based on time and materials as
follows:
a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall
constitute the markup for all overhead and profits:
l. Labor
2. Materials
3. Equipment Rental
4. Other Items and Expenditures
20%
t5%
t5%
t5%
b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor,
the above markups shall apply to the aggregate sum of the extra work, regardless of the number of
tiers of subcontractors used. [n addition, a markup of l0-percent on the fnst $5,000 of extra work
and 5-percent on work in excess of $5,000 may be added by the Contractor.
FD-O152 Page2ofll
8-4.02 Comnliance with Laws. Reeulations 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 govemmental 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.
8-4.03 Notification of Affected Residents/Businesses - The Contractor shall be responsible for
distribution of the general information letter of the project to all affected residents and businesses.
A project general information letter and sufficient copies thereof will be prepared by City staff for
Contractor distribution to all residents, business establishments, and institutions fronting on or directly
affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to
the City Engineer and shall be five (5) working days prior to the beginning of construction operations in
the immediate vicinity.
ln addition to the above, the Contractor shall be fully responsible for such other notifications as may be
required related to necessary closures ofstreets, alleys, driveways, etc., or to unavoidable access or parking
restrictions. These notifications shall apply where the closures and access or parking restrictions required
in the perforrnance of any work under this contract preclude any resident, tenant, or property owner from
utilizing the premises or conducting business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and distributed
by the Contractor for roadway and driveway closures five (5) working days in advance of any construction
work. No removal or excavation work is allowed until the additional notification has been distributed to the
affected residents and businesses.
If a Contractor is unable to adhere to his schedule as indicated on his written notihcation, then all the
affected residents and places ofbusiness shall be re-notihed ofthe revised schedule, in writing, as indicated
above.
Contractor costs for all of the above notifications shall be considered as included in the appropriate items
of the Bidder's Proposal.
8-5.01 Noise Restrictions - The noise level from the Contractor's operations shall not exceed 85 dBA
when measured within a one hundred (100) foot radius at any time.
8-6.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon City
operations.
Requirements - General:
l. All construction shall conform to Sections 6-l and 6-2 of the latest edition of the Standard
Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and
continuous manner. As such, once construction is started in a work area, the Contractor will be required
to work continuously in that work area until construction has been completed and the work area is open
FD-0152 Page3ofll
and accessible to pedestrian traffic in a manner approved by the City Engineer before the next stage of
work will be allowed to begin.
2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment
from that work area in order to start construction in another work area if doing so, in the opinion of the
City Engineer, delays the completion of the work presently under construction.
3. The Contractor shall maintain continuous access to the Fire Station, unless the Contractor has obtained
the approval of the City Engineer to close such access.
4. No stockpiling of material and construction equipment in or on areas outside of the construction site
will be permitted on this project unless approved by the City Engineer. Upon the review and approval
of the City, the Contractor may elect to obtain a storage yard for his materials and construction equipment
for the duration of this contract in order that work on this project will proceed in an efficient manner.
Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall
be maintained in a neat and orderly manner.
8-7.01 Character of Workers - If any subcontractor or person employed by the Contractor shall appear
to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise
objectionable manner, he shall be immediately discharge from the project on the requisition of the City
Engineer, and such person shall not be reemployed on the work. [f said individual has an ownership interest
in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety
providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the
Standard Specifications, demanding complete and satisfactory compliance with the Contract.
8-8.01 Examination of the Site - The Contractor is required to examine the site and judge for themselves
the location, physical conditions, substructures, and surroundings of the proposed work.
8-9.01 Mobilization - The cost of all preparatory work and operations for the multiple movements of
personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items,
and no extra compensation will be paid to the Contractor.
8-10.01 Dust Control - Throughout all phases of construction, including suspension of work, and until
final acceptance of the project, the Contractor shall abate dust nuisance by cleaning or other means as
necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup
orders may result in an order to suspend work until the condition is corrected. No additional compensation
nor extension of contract completion time will be allowed as a result of such suspension. The cost of
furnishing and operating dust control during the construction project must be included in the various bid
items, and no extra compensation will be paid to the Contractor.
B-11.01 Cleanine of Site Durins Construction - During construction, all existing improvements adjacent
to the proposed office renovation site shall be cleaned ofall dirt or debris on a daily basis.
8-12.01 Final Cleanine of Site and Restoration - The Contractor shall be responsible for cleaning and
restoration of all damaged existing improvements at no cost to the City.
All existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or
debris. The cost of such cleaning after the construction of the project must be included in the various bid
items, and no extra compensation will be paid to the Contractor.
FD-o152 Page4ofll
B-f3.0f Sanitarv Facilities - The Contractor shall fumish and maintain sanitary facilities by the worksites
for the entire construction period. The costs for this shall be incorporated in the most closely related bid
item and no extra compensation will be paid to the contractor.
8-14.01 Best Management Practices (BMP) - The Contractor shall submit a copy of their Best
Management Practices (BMP's) to the City Engineer for review ten (10) days prior to the beginning of any
work.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7-
8.6.2, "Best Marngement Practices (BMP)" are considered to be Best Management Practices. The Contractor
shall implement and maintain such BMPs as are relevant to the worh and as are specifically required by the
Plans or Special Provisions. The Contractor shall not cornmence activity until the BMP submittal has been
reviewed and approved.
B-15.0f 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 intemrption of public
services. Unforeseen conditions may arise which will require that immediate provisions be made to protect
the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the
Contractor has not taken sufficient precaution ofpublic safety, protection ofutilities, and/or protection of
adjacent structures or property, the City 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 City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable
protection by causing such work to be done and material to be fumished as, in the opinion of the City
Engineer, may seem reasonable and necessary. 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.
B-16.0f Permits - The Contractor shall obtain any and all applicable permits from the City of Vernon's
Building Department.
DETAILED REQUIREMENTS AND SPECIFICATIONS
8-17.01 Vendor Pre-Oualification Requirements:
1. The training facility vendor must actively operate a fabrication facility which is specifically
intended for the manufacture of Urban Search & Rescue, Hazardous Material, and live-fire training
structures and props. The intent of this specification is for the selected vendor to self-perform all
fabrication activities in-house as much as practicably possible.
2. The training facility vendor must provide evidence of past performance showing capability to
construct a similar structure. The intent of this specification is to ensure that the vendor is actively
fabricating Urban Search & Rescue, Hazardous Material, and live-fire containerized training
structures and props of similar complexity.
3. The training facility vendor must have a registered professional engineer on staff. The intent of
this specification is to ensure that the selected vendor has the technical ability to prepare engineered
drawings and calculations to obtain building permits and any other permits including air quality
permits for the training center. All costs for engineering should be included in this bid. The vendor
FD-0152 Page5ofll
will be required to obtain a permit from the Vernon building department for the training center. All
City fees for permits will be waived. The grading and utility plans for the site will be prepared by
a separate angineering firm retained by the City. The vendors engineering staff shall assist and
coordinate with the City of Vernon's engineer by providing all necessary information in regards to
termination points for utilities, utility system needs, loads and other information required to prepare
the grading plan, utility plans and environmental document.
4. The training facility vendor must provide evidence that in-house fabricators have been
appropriately certified to perform the necessary welding requirements. All products and equipment
used shall be listed by UL or have 3'd party certification showing that the equipment meets building
code requirements. The intent of this specification is to ensure that the selected vendor will produce
a high quality product to the appropriate standards.
5. The manufacturer of the mobile training facility bid shall have in operation a facility adequate and
devoted to the manufacture of the mobile facility herein specihed. The intent of this specification
is to ensure as much of a single source responsibility as possible for the mobile facility proposed
by the bidder. The bidder shall be responsible for the quality and warrant components and parts.
6. The bidder shall disclose any pending or anticipated litigation between the bidder and any other
party or parties that might affect this award, to include previous purchasers of like mobile facilities
proposed to be built by the bidder.
7 . The successful vendor shall provide a one ( I ) year warranty on the entire mobile facility, which
covers defective parts and or components of its manufacture or purchase, the improper choice of
materials, parts and or components, improper design or engineering and poor or improper
workmanship or quality control techniques. This warranty shall cover the complete mobile facility
and shall include any and all costs for labor and parts or materials that are required to correct any
and all deficiencies at the final delivery point of the mobile facility. Vendor is responsible for all
expenses of travel, lodging, food, transportation, tools and or equipment to correct such
deficiencies. A sample of this warranty shall be submitted with the bidder's bid. Warranties shall
begin at the acceptance of the mobile facility by the City of Vernon.
B.17.02 Trainins Facilitv General Requirements:
The training facility shall be a three (3) story structure and be constructed from thirteen (13) 8ft wide x
8.5ft tall x 40ft long lntemational Organization for Standardization (ISO) freight containers , to include
Urban Search & Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release
mitigation props.
1. Vendor shall provide a pictorial representation of their training facility solution at time of proposal
that substantially satisfies the below noted specification requirements.
2. The training structure shall be in compliance with NFPA 1402 "Guide to Building Fire Service
Training Centers 20 12 Edition" .
3. The selected vendor shall prepare layout drawings and coordinate a design review meeting to
finalize the facility configuration/layout upon project award.
4- The selected vendor shall assist City of Vernon's engineering and/or contractor to ensure that the
site is properly prepared and ready to receive the training facility prior to delivery.
FD-0152 Page6ofll
5.The selected vendor shall include an all-expense paid inspection trip with their proposal. The (1)
day trip will allow (4) Vernon Team members to inspect their training facility during the fabrication
phase prior to delivery.
The training facility shall be delivered within 180 days upon project award and drawing approval.
The facility shall provide multiple areas specifically intended for Live-Fire Training purposes.
The selected vendor shall be responsible for the coordination and placement of the mobile facility
to include all manpower and equipment needed to complete the task.
The exterior finish will be of a quality DTM (direct to metal) industrial coating. A one or two color
scheme shall be decided at the Pre-Build Conference.
10. The mobile facility will include two (2) exterior mounted signs affixed to both units (2 signs total)
with Fire Department name and graphics. Locations and exact lettering and graphics shall be
decided during the Pre-Build Conference.
1 1. Vendor proposals shall include costs associated with delivery and on-site installation/assembly at
Vernon's prepared site. The selected vendor shall be responsible for the coordination and placement
of the mobile facility to include all manpower and equipment needed to complete the task.
12. Awarded Vendor shall include a (3) three day "Train the Trainer Course" for up to 12 students
within two weeks of training facility delivery. Course shall be conducted on-site by a certified fire
Instructor (CFI).
13. The training facility shall contain a warranty for a period of (1) one year for workmanship &
materials starting from the date of delivery.
14. Vendor shall include an electronic version of the Training Facility Operations and Maintenance
Manual upon delivery.
15. Full payment will be made when the mobile facility is received, inspected, and found to comply
with procurement specifications, free of damage and properly invoiced. All invoices shall bear the
City of Vemon purchase order number. Payment will be made in accordance with the terms
negotiated between the City of Vemon and the selected vendor.
16. The vendor shall have on staff American Welding Society (AWS) certified welders. All welding
required in the construction of the mobile facility shall be done by AWS certified welders.
17. The vendor shall have in place a welding inspection progrcm to inspect the modular body welds
for compliance to the American Welding Society ANSVAWS D1.1, Structural Welding Code. All
welding required for the construction of this mobile facility shall be inspected and certified by a
certified American Welding Society welding inspector. This certification must be for the mobile
facility body purchased by the City of Vemon. The bidder shall certiff with the bid submittal how
long such an inspection program has been in place at their company.
6.
7.
8.
9.
FD-O152 PageTofll
22.
23.
1 8. All container units shall be constructed of comrgated steel with a continuous weld to the structural
components. The undercarriage will be constructed of 5.75" x .125" channel with a weather
resistant coating.
19. All exterior access points shall be provided with elevated platforms and access stairs constructed
of galvanized structural steel. Platforms active work surfaces shall be constructed from galvanized
19-W-4-1" X 1/8" bar grating to provide a non-slip surface.
20. These mobile units shall be designed to be deployed adjacent to each other. By the use of galvanized
l9-W-4-l " x l/8" bar grating at the roof surfaces on the first and second stories and adjoined by cat
walks to provide for non-slip active working surfaces at each level.
2l. All non-slip active roof and elevated platform working surfaces shall contain galvanized structural
steel safety railings and toe-kicks. Railings and toe-kicks shall be in compliance with OSHA
requirements. Railing shall be constructed from tube steel and with an on-center post spacing of 4'
or less.
There shall be a high-rise type fixed exterior galvanized structural steel stairway with galvanized
bar grating landings at each floor level and rooftop.
A standpipe shall be installed. A Siamese FDC (fire department connection at ground level) shall
be mounted with stand pipe connections (with gate valves) provided at each landing/story and roof
level of the exterior stairway. All threads will be of NST (National Standard Thread).
All windows, fire doors and hatches to be installed shall have interior locking pins. All cargo doors
will have exterior locking mechanisms which will require a padlock. All windows, doors and
hatches will open to the exterior.
All doors shall be constructed of steel tube framed and reinforced steel and be non-latching. The
fire doors have a training closure system. The training closure system shall be designed to keep the
door shut during training operations and open by a pull (from the exterior) or push (from the
interior) easily opening or closing the door. Heavy duty steel hinges with zircon fittings shall be
used. All doors shall open to the exterior.
26. The mobile facility shall be provided with a proper electrical Service and Distribution System
installation in accordance with NFPA 70 the National Electrical Code and shall be provided to
control and service all electrical components.
This system shall automatically exhaust heat and smoke when the maximum allowable temperature
of I 100 degrees Fahrenheit in the burn chamber is reached in accordance with NFPA 1403.
This system shall be a mechanical forced air system capable of exhausting the bum chamber in one
(l) minute.
Automatic system activations shall be accomplished by interlocking thermo coupler or temperature
monitoring system (listed below).
24.
25
27.
28
29.
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30. This System shall have a remote manual activation by switch that shall be installed for instructor
use and space evacuation between training evolutions.
31. Temperature Monitoring System shall be provided. This system shall have a (4) zone interior
electronic Temperature Monitoring System that will read the ambient air temperature. (1) sensor
will be placed within the ceiling level of the Burn Rooms, and (1) sensor will be placed at floor
level of the container in each burn room.
B-f 7.03 Training Facilitv Specifications:
1. The training facility shall include (3) LPG Fueled burn rooms. A total of Five (5) LPG Fueled
Props shall be provided and used within the (3) burns rooms. Props will be fabricated to emulate
various HAZMAT and USAR training scenarios.
2. The training facility bum rooms shall be constructed as an enclosed fully insulated steel frame
secondary structure inserted within the container and designed specifically for repeated live - fire
training.
3. The training facility LPG System shall initiate gas flow, gas flow rate (flame height and intensity),
and flame termination from remotely located control panels. Control panels shall consist of a
simple to use and expandable series of toggle switches to provide safe burn prop operation. The
operating condition of each of the switches shall be visually indicated by lamps. A guarded
emergency gas off (EGO) button shall be positioned at each of the props in locations defined by
the purchaser and an additional EGO button shall be provided at the system control panel. A
temperature monitoring system, gas detection system, and mechanically assisted ventilation system
shall be included and interlocked with the gas delivery system. The LPG system must be tested
and certified by a Nationally Recognized (third-party) Testing Laboratory G\rRTL) as required by
NFPA 1402 Guide to Building Fire Service Training Centers.
4. If one or more of the EGO buttons is pressed the electrical power shall be discorurected from the
entire system, all flame shall be extinguished and all gas flow shall be terminated.
A keyed MAIN POWER switch shall be located at the control panel and function to connect and
disconnect electrical power to the EGO and gas control electrical circuits. The ON condition of the
MAIN POWER switch shall be indicated by an illuminated lamp.
A gas on toggle switch and indicator lamp shall be installed to control the main gas.
A FLAME INTENSITY potentiometer with knob shall be installed for each prop in the control
panel. The FLAME INTENSITY control shall be used to adjust the gas flow rate and associated
flame intensity.
A SYSTEM LOCKOLI-I indicator lamp shall be installed in the control panel. The indicator lamp
shall be activated to alert the operator to a system lockout condition.
Three toggle switches and three indicator lamps shall be provided for all props. Each prop's toggle
switches and lights shall provide the same function.
5.
7.
9.
FD-O152 Page9ofll
10.Each of the aforementioned switches/lamps shall be labeled clearly with respect to its design
function. Labeling shall be of weather resistant materials and application.
Automatic system activations shall be accomplished by interlocking with the LP delivery system.
Activate an external alarm when the level exceeds 25 percent of the lower explosive level (LEL).
The training facility shall include an interior and exterior electrical system. The interior electrical
system shall consist of (3) shatter proof 150 Watt lights and (2) receptacles/switches within each
non live-fire container unit. The exterior electrical system shall consist of (6) 400 watt pole
mounted halogen lights and (1) exterior mounted electrical load center for interconnection to the
on-site electrical service.
Include (2) pitched roof props for vertical ventilation and USAR training purposes.
Include multiple points of egress via personnel doors and include windows for differing HAZMAT
and USAR training scenarios (forced entry, breaching, cutting, etc.).
Include interior and exterior stairs to support various HAZMAT & USAR training scenarios.
Include a reconfigurable pivoting wall system for USAR training purposes. The pivoting wall
system shall allow the interior floor space to be reconfigured to support various arrangements. The
wall system shall be of steel construction and simple to reconfigure. Various wall tlpes shall be
included (solid full-height, low opening, upper opaning) along with ramp and entanglement props
designed to be used in conjunction with the various wall types.
18. lnclude a breach wall prop to emulate wood framed construction
19. Include a synthetic smoke generating and distribution system
purposes.
lnclude a balcony structure for HAZMAT & USAR training purposes.
lnclude a forced entry door system requiring the use of a halligan, sledge, and./or cutting tools for
USAR training purposes.
Include a steel panel cutting prop and variable angle rebar cutting prop for HAZMAT & USAR
training purposes.
During the pre-build conference eight (8) additional anchor point locations for rope attachment will
be identified. Two (2) of these anchors shall be provided at the second story roof ventilation prop
for fall protection. Anchors shall be in compliance with applicable OSHA and NFPA standards.
Include rooftops containing steel galvanized bar grating and guard railing system.
Include a shoring prop for HAZMAT & USAR tralrung purposes.
Include confined space tubes for HAZMAT & USAR training purposes.
11.
12.
13.
14.
15.
16.
17.
L for USAR training purposes.
for HAZMAT & USAR training
20.
21.
24.
25.
23.
26.
FD-o152 Page l0 of I I
27.The electrical system design and gas system design shall meet or exceed the requirements of the
following codes and standards:
. Applicable D.O.T. Standards
o National Fire Protection NFP A 54 -National Fuel Gas Code
o NFP A 58 -Liquefied Petroleum Gas Code
o NFPA 70 -National Electric Code (NEC)
o NFP A 86 -Standards for Ovens and Furnaces
o NFPA 1402 -Guide to Building Fire Service Training Centers
o NFP A 1403 -Standard on Live Fire Training Evolutions
o UL 508 -Standard for Industrial Control Panels
o AWS -Welding Standards
All equipment shall be installed and adjusted as instructed by the equipment manufacturer.
Two (2) copies of the Owner's and User's Manuals shall be provided that include all of the
necessary information for the operation, maintenance and repair of the specified gas delivery and
control system. One shall be provided in hard copy and one shall be delivered in digital copy. The
manuals shall include, but not limited to:
. Operations overview
e Safety warnings
o Start-up and shutdown procedures
o Recovery from lockout status
o Trouble shooting procedures
o Maintenance
Prior to delivery to the City of Vemon the manufacturer shall clean and detail the finished mobile
facility. The exterior of the mobile facility shall be hot water, pressure washed to remove any dirt
that might scratch the paint during delivery. All metal hling or blasting media should be thoroughly
cleaned and removed from all interior and exterior sections of the Mobile Facility.
Construction processes and techniques shall be in accordance with the accepted standards of the
industry. Component parts and units shall be manufactured to definite standard dimensions with
proper fits, clearances, and uniformity. The general appearance of the Mobile Facility shall not
show any evidence of poor workmanship. Parts, equipment, and assemblies, which have been
repaired or modified to overcome any deficiency, shall not be fumished without the written
approval of the Fire Chief.
In addition, any deviation from the requirements of this specification, unless previously approved
by the Fire Chief, that affect finish, fit, function, durability, reliability, safety, performance or
appearance shall be cause for rejection. Compliant:
The Bidder may use his own or any other facilities suitable for the pre-delivery and acceptance
inspections unless disapproved by this agency.
28
29.
30
31.
32.
33.
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EXHIBIT C
LIVING WAGE PROVISIONS
lvlinimum Livino Waoes:
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 Davs Off:
Employers provide qualifying employees at least twelve compensated days ofi 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 relaliation against employees complaining to the City with regard to the employe/s
compliance with the living wage ordinance. Employees may bring an action in Superior Cou( against an employer
for back pay, treble damages for willful violalions, and attorney's fees, or to compel City officials to terminate the
service contract of violating employers.
c
D
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor ce(ifies and represents that, during the performance of this Agreement, Contractor and each
Subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discnminated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, orage, Contractor further certifies that it will not maintain any segregated
facilities.
Conlractor 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 Employed or that all qualified applicants will
receive consideration for employment wilhout regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age,
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this
Agreement, discriminated against applicants or employees because of their membership in a protected class.
Conkactor agrees to provide the City with access to, and, if requested to do so by City, through its awarding
aulhority, 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 tederal law,
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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CONTRACTOR;
(ltctnrc, legal slafitt and a.ldrcss)
0WtlER:
(Nane, legal status ond adclress)
Ciry of Vernon. Fire Deoartment
4305 Santa Fe Avenue
Venron. CA 90058
BOND AIIOUNT: $ Ten Percent ( l0%) of Toual Bid
PROJECT:
(Name, locarion or address, and Project runber. if any)
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Document A310" - 2010
SURETY;
(Name, legal status and pn,L,ipal place
ctf business)
Lexon Insurance ComDanv
PO Box 2 12890 Lebonon Road
Brookfield, OH 44403 Mt. J,rlt"r. TI,l ,t2
The conFactor and Surety are bound to the or,r,ner in the amount set for$ above. for 6re
pa)nlent of which the contractor and Surery bind themselves, tbeir beirs, executors,
administrators, successors aud assigrs,jointly and severally, as provided hereiu. The
conditions of this Bond are such that if che Orr.rer accepts the bid of the Contractor within
dre time specified in the bid documents, or within such rinre period as rnay be agreed to by
tlre ownor and contracror, and the conhactor either ( l) enrers into a contmct with dre
owner in accordance *'ith the rqms of such bid. and gives such bond or bonds as may be
specified in the bidding or Contraa Documents, wift a surety admitred in the jurisdiction
of the Project and othswise acceptable to the Owner, for the faithfut performar:ce of such
Conh'act and for the prompt palmeut of labor and material furnished in rhe prosecution
thereof: or (2) pals to the owner the difference, Dot to exceed the arnount of this Bond-
bctween the arnount specified in said bid and such larger amount for which tlre owner
nray in good hith contract wirh another party to perform the work covered by said bid,
ther: tbis obligation shall be null and void, otherwise to remain in ti-rll force and effect. The
surety hereby waives any notice of an agrecment between the owner and conractor to
extend the time in which the owner may acccpt the bid. waiver of notice by the surety
shal I nor apply to any extension exceeding sixty (60) days in the aggregate beyond the
time for acceptatlce of bids specified in the bid documents, and the Owner and Conbactor
shall obtain the Surety's consenr. for an extension beyond sixty (60) days.
lf this Bond is issued in connection with a subcourracror's bid to a Contracror. the terrn
Contmctor in this Bond shall be deerned to be Subcontractor and the ter.m Owner shall be
deerned to be Contractor..
When this Bond bas been furnished to comply with a statutory or other legal reqr.rir.ernent
in the location of the Project, any provisiorr in this Bond conflicting wi0r said statutory or
legal requirernent shall be de.erned deleted lrerefrorn and provisions confornring to such
ststutory or odrer legal requirement shall be deenred incorporated herein. when so
AIA Documgnt A310'x - 2010. CoPytighl @ 1963, 1970 and 2ol O by Th€ Amorican lnstilute o, tuchilets- Alt ,tohtr Er.ilcd. WARNING: This AtA'oocument is p?olected by U.s Copyrlght Law and lnt.matlonal ireatlos. LJneuthorizsd roproducilor or dirtribution ol fhls Alat Docum€Iq or anyportlon of lt. may lesult in savere clvil end crlmhlat penatlBs, and wltl be prosoculed to lhe tn.xlmum crteni pos8ible uilder tho law. This documani
waa ptDduced by AIA so,lware at 14:35:09 on 0311712o15 under Order No 52t6E37329_'l which expira6 onOzj1SlZOiA, and lE not ro, resalo,usar t{otes: (1398295668)
Thrs document has important
legal cmsequences
Consuha6on with an attorney
is encouraged wilh r€spBct to
its completion or modificatlon
Any singular rgferonce lo
Conhaclor, Surely, Orrner or
other party shall be cmsilered
plural where applcable
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t'urnished. rhe intent is that this Bond shall be construed as a statutory bond and rot as a conrmon law bond
March . 2015
Lex<rr [n surzurce Com Dunr-
Cathv Vansoviclr
Attornev-in- Fact
Sigrcd and sealed tbis
Init AtA Document A3.toil - 2OlO. Copyright O 1963, 1970 and 2OlO by Tha Amsri€n lnslitutc ol Archltects. All dghts resot'red..WARN|NG: Tlrls AlAr'
Oocument ls prot@ted by U,S. Copyiight Law.nd lntemalional ireeties. Utrautho?ized rcproductiotr or distrihullm ol thas AIA' Document" or arly
ponion ol it, may Bsutt in severo clvll ild crlNinll ponellie., and will b. pffiecuted to ilre ltratimum extent poEElblo under the law. Thi3 docmst
was prcduGd by AIA 3o,twarc at l/a:3s:Og m oXlltl2l'1l undBr Ordd No.5276837323-l which cxplros 6O2n5nO16, and is nol fot Gsalc
Uerr Notes: - (139629566E)
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l glr' day of
POWER OF ATTOHNEY 065230Lexon Insurance Company
KNOW ALL MEN BY THESE PHESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal otfice in
Louisville' Kentuckv' does herebv constitute
"nd "ppoint' cathy vansovich, suzanne M. Rozek, Denise Nelson, **
JulieannJohnston,CaroIeA.Skel1y,RyanBurke*****ry
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behall as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the Presidenl of the Comparry is hereby authorizec,l to appoint and empower any representative ol the Company or
other person or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or Othgr writings obligatOry in nature ol a bond not tO gxcegd $ :,ooopoO.ooFiwmillimdollars.rt..rr.rm...t...r.r3...*."r""r'ilt'r"'1"'r"""+tr
dollars, which the Company might execute through its duly elected officers, and alfix the seal of the Company thereto. Any said execution of
such documents by an Attorney-ln-Fact shall be as binding upon the Company as il they had been duly execuled and acknowledged by the
regularly elected officers of the Company. Any Attorney-ln-Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specilied in the Power ol Attomey.
Resolved, that the signature of the President and the seal of the Company may be alfixed by facsimile on any power of attorney
granted, and the signature of the Assistanl Secretary, and the seal of the Company may be affixed by hcsimile to any certificate of any such
power and any such power or certilicale bearing such facsimile signature and seal shall be valid and binding on lhe Company' Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
tN W|TNESS THEREOE LEXON INSURANCE COMPANY has caused this insirument lo be signed by its President, and its
Corporate Seal to be affixed this 21st day of September,2@9.
LEXON INSURANCE COMPANY
LX
BY &rA
David E. Campbell
Presidenl
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By{aws of said corporation.
"OFFICIAL SEAL'
MALRDENK. AYE
Notary Public, State of Illinois
IVIy Commissiou Expires 09l2lll3
CERnFTATE NoIary ruDrrc
l, the undersigned, Assistant Secretary ol LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original Power ol Attorney of which the foregoing is a true and conect copy, is in full force and elfect and has not been revoked and
the resolutions as sel forth are now in force.
1 9th Day of March ,20 15
Philip G. Lauer
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for lnsurance or
statement of clalm containing any materially false information, or conceals tor the purpose of mlslaadlng, lnlormation concernlng any tact materl-
al thereto, commits a fraudulenl insurance act, whlch is a crlme and subiects such person to crimlnal and civil penaltles."
Signed and Sealed at Woodridge, lllinois this
Maureen K. Aye
March 2015
Page 8 of 41(irila Fire Tralning Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
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SUBCoNTRACTOR LISTING/SHORI NG DESIGN : BP-(b)
APPENDIX -A' Fonrrs lo be Completed by Bidder
SUBCONTRACTOR LISTING
SUBCONTRACTOR LISTING
Namds) Address
None
Contraclor
License No.Dtxcriptiorr of Work
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SHORING DESIGN
Ifshoring is requircd gs part ofthis project, thcn thc Civil or Strucfirral Engtneer who dcsign this
shoring ii to be listed beiow, even if said Engineer is employed by the Contractor. lf no shoring
is require4 write *NONE'.
Engineer Names (s) Address
None
License No. DcscriPtion of Wo*
BP-(b)
March 201:
Page 30 of 41Krila Flre Training Facllltles, lnc.
City of Vernon
Fire Department Training Facility Contractor
GRAND I'OTAI]S 141 '71'I
Ihc uodrrsignul tsiddcr agrccs to conrncuce work within fiftecn (15) calendar days from the darc issuance ofa
Notice to Proceed and proposes and agrees to have all work complctcd within I 80 (onc-hundrcd+ighty) calendar
days of the contract timc commcnces.
The undersigned Bidder acknowledges receipt of the following ailerd.a issued for the above project. lf no
addcnda havc bccn rcceivcd writc "nonc'. FAILURE TO ACKNOWLEDCE RECEIPT OF ANY ADDENDA
ISSUED WILL REI{DtiR TTIE CONTACTOR'S BID NON-RESPONSTVE.
List ofaddenda Received: Addendum No- |
PLEASE SEE PART I SECTTON 2.0I.3 REOUIRED FORMS.
Biddcr shall executc thc following (Appcndix 'A"):
l. ldentity Confirmatim
2. Subcoatractr Uging/Shoriog Dcsigl
l. Affi davit of Non4ollurion
4. Living Wage Compliancc Cqtification
5. Cenificate of Equal Opporunity Practices
The Bidder declares that neithcr hdshe nor any nrernbq ot'bidher firm or coqroratiofl is an offrcer or an
emploraoe of thc Citv of Vcrnon
Biddq's Proposal
Respectfutly Submined.
(lf a Bidder is a corpor'8tion,
its seal musl bc imprcsscd hercon)
Calitbrnia State Contractor's License No.Not Applicable per Addendum No. 1
Califoroia Corporatioo No.
Ssge
BP{a.f
BP{b'
BP{c)
BP{O
FORMS AA-r,2,3
8P-3
March 2015
Page 5 of 41Kirila Fire Tralning Faclllties, lnc.
City of Vernon
Fire Department Training Facility Contractor
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ldentity Confirmation: BP-(a)
APPENDIX -A" - Forms to he Completed by Bidder
IDENTITY CONFIRMATION
Contractor's Name
Oflice Addrcss
Kirila Fire Training Facilities, Inc.
509 Bedford Rd. Brooktield' Oll 44403
If an individual, !x, state
lf a partnership, corporation or firm, so statq givint the natmcs and addrcssos of
individuals constituting thc organization-
lf a corporation, give the following information:
Name of President Jerry Kirila
Name of Sccrctary IerrY Kirila
Organized unds thc larvs of thc Statc of Ohio
Name and address of local rcpresentativc N/A
TelePhone:
Fax:
(Here anach a certificate in form to confirm I ) the identity of thc bidder or olliccr who signs
above, 2) the fact that he is the officer named, and 3) his authority to bind thc bidder).
BP-(a)
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March 2015
Page 9 of 41Klrlla Fire Tralning Facllities, Inc.
City of Vernon
Fire Department Training Facllity Contractor
AFFIDAVIT OF NON-COLLUSION: BP-(c)
APPENDIX "A" - Ftrrms to be Completed by Bidder
AFFID.A,V|T OF NON-COLLUSIOn- BY CONTRACTOR
STATE OF CALIT'ORNL^ )
)3s
couN'l'Y ol'Los Allcf,LEs )
Ierry Kirila , being first duty sworn dcpoacs
and says thal her'sbe is President
Kirila Fire
(|ffi 'SolG OtE/ ht t". tua&r ilEla.y'- d od:r4" ItEl
Facilities" Inc
fiEdGoti*hl
who subm.its hererrith to lhe City of Vernon a propsal;
'lhat all stuqnenrs of frct in s|ch prupos.l il'c truc;
Thar sudr gopocal war not ma& in the ioter,esr ofu. on bdralfofany urdiscloeed potscr' parmership'
company, associatioo, organization or cqporalieo;
That srrch pmgxal is genuine rnd not colhniveordum;
Thal s.id indirecrly by agrccmeot' communication ullm
suempt€d I to the intcrcst of thcCity of Vcnron. oro alrtrE
clse inete$od in the popoced conracr; ard furrher
That prior to 6c PuUic opening and reading ofpropoals' soid bid&c
a Dkl oor direc{ty or indircctly, inducc r solicit an}onc clsc to rubmit a falsc or sham ptopoeal;
b. anlorc elso that mid tidder
ahould efrain frun tiddiog
or wih&rw his p,roPosal;. ItrJTH
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I certify under
Title: ?reSrde11t
BP-(c)
March 2015
Page L0 of 4LKlrila Fire Tralning Facillties, lnc.
City of Vernon
Fire Department Training Facility Contractor
LIVING WAGE COMPLIANCE CERTIFICATION: BP'(d)
APPENDIX "A" - Forms to be Complcted by Bidder
LI}'!NG WAGE COIUPLIANCE CERTIFICATION
This contract is subjcot to the City of Vernon's Living Wagc Ordinuncc, Vernon Municipol Code
Chapter2 Article XVUI- The Ordinance requires that contractors providing labor or sm"ices to
the City under contracts in excess of$25,000:
compliance.
a
e
EITC paymotts.
The
Ord e the
tull
classification; rate ofpay and benefit rate.
may be waived in a bona fide collective bargainlng
agreemfit, but only if rhe waiver is explicitlyset forth in clear and unambigurus terms. If this
piovision applie+ 1.,, m*t provide a copy of tne collective bargaining agecment to the City'
President
Please retum thiq form with yot|t' bid/proposal. Questions concerning the Living Wage fuinance should trc
directed to thc Dcpartrncru of Finarrc.e- Purcharing Division 323'583'881 l.
BP-(d)
March 2015
Page 11 of 41Kirila Fire Trainlng Facillties, lnc.
City of Vernon
Fire Department Training Facility Contractor
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES: FORMS AA.I,2,I
APPENDIX "A" - Forms to bc Complclcd by Biddcr
CERTTTICATE OF EQUAL OPFORTUNITY PRACTICES
Purchriry & PaYablo Division
4305 Santr Fc AvcnrcVennn, CA 9(X)58
(323) sE3-EEl I Fax (323) t261433
lnlcilEt:
Aniclc l. Affi&vitotEqul op?ortunity EtqbymDot &
Nonaogt!8llim (Fom,{,{' I )
Ardcb tr, Vtodor Lirl Quaaimnrirt (Fcms AA-2 &3)
control, wherc scgrgated frcilitia rre nrainained.
Name of Compon@c Busincrs Teleph nn" 724'854-sw
Addrcss PO Box 2.509 Bedford Rd
Ciry Brooklield
-srarc-
OH
-
ZlP.
Faxnrurbor-@@fu
(optionaf)M3
Cootri Pcrsoo lerrv Kirila
Tar ID Numbc(or Social Sccrrity I'iumbcr)-20-8878757
--
Remit Mdrese (if differeot)
g-Eait Addresiglg@kirihfire'com
-(oP{ioo8l)
Plcasc slate cl€ady and concisely lh
specializ.es in the design, constrt
Thc following scction is OPTIONAL and is br statistical rcpocing purpors only. Orvrrcrship (plcase
chek all thar apply):
Aliicau-Americen- Asian Armdisrl- Hispanic- NlliwAnmicnn-
Distblcd- Fcsutc
fire and
AA-l FOtu\4
March 2015
Page 12 of 47Kirila Flre Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
APPL;\-DIX -A' ' Forms to bc Complc'tul by Bidder
ProlGd WorIloG Utillrrdor (Form AA'21
Ihi.s form is to be included in atl bid do.ilmcnlr for Pnoi.rts in\olving labor or wie vahr{ at !25.fl)0 q more
I$trucdonr; plcosc indicra the job titl*cl in rlrc pqformnnce of this qrnblot shuld il be awardcd no you fim' Plqsc
idicatc rhc nurnber of ernployces in eech joD s thc numbc of IEtr hirs, if my. as a rault of this l,nurcl'
Name of Crxnpany _, Kiril. Firc Taining Fr.iliti6 lm Pioiel: Fir€ frcnanrnr Tninin{LFmiliryCmltlcl0l--
, Are m) orrrEor f,floYcs or I
potcmiar nar bircs Vqnon Noi{E
'rcsidrntr? If so_. ho_*m!41__--_
AA.2 FOPIV
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March 2015
Page 13 of 41Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
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APPSNDIX "A- Forms to bc Completcd by Biddq
Mre of cooqmy: Kirila fiire Iminint .E{4|CUE---- Prricr: -EiIs DtIgn$cn! fqe!U-!s![!94!IeE!9t
Cmplction of rhis fm is OPTTONAL- Any infomurkm ruflicd by vedm is fcrqrti4 plpoc m.ly tnd sill ml b. fatoEd iro thc award ol my
colLg,
lnttrutiE: Pls* iBlbllr 0r ambq of nrployca in xh Job follNrng trcuF
AA.] FOR|II
March 2015
Page t4 of 4tKirila Fire Training Faclllties, lnc.
City of Vernon
Fire Department Training Facility Contractor
EQUAL OPPORTUNITY CERTI FICATION: l-21
Local Arsistalcc Procedore* Mannll
PS&E Checkllst lostructiotrs
EXIIIBIT t2.E
AttDch[leol C
(THE OI]
ENDORSEMENT AND trECUTION OF THOSE CEftNFICANONS
VHICH IRE 1 PART OF TTI/S BIDIPROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidde
prop<rsedsubconuactor N/A
hcrcby certities that hc hae_-j__, has not_, particiPated ia a previors ccntrsci or ilbcootracl
subja:t ro ttre equal opportuaity clauses, as rcquired by Exccutivc ordcrs 10025, I I 1 14, or I 1246'
and that, wherc required, he has (iied with the Joint Rcporting committcc' thc Dircctor of tlrc
Officc of Federal Conrrac{ Corpliarrcq a Federal Goverm€nt codracting or a&IlilistEring
agency, or the formcr Presidcnt's Committeo on Eqml Erryloymcnr Opporunity' allrcPorts drc
under the applicablc filling rcquirernents.
curreotly, stardad Folrn too (EEo-l ) ie the only report rcquired by the Exccutive
fficrs or their impl,ernem,ting regrrlations-
tNs fR(/(:tlo ro BtDDhRs
March 2015
Page 15 of41Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
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PUBLIC CONTRACT CODES (STATEMENTS AD qUESTIONNAIRE): l-22
PUBLIC CONTRACT CODE
lr| conformancc wirh public Contract Codc Soction t0162, the Biddcr shall complctq undcr pcnalty of
pajury, thc lollowing questionnaire:
Has the btlder, any officer of rhc bidcler, or any cnployee of thc bidder who has a propriaary intcrcu in
the bicl(lsr, ever becn disqualifie<l, rcrnoved, or olhcrcrise prevented hom bidding on, or cornpleting a
l'cderal, state, or local govemmant projca because of u violation of law or a safdy rcgulation?
Yes- No X
lf the answcr is yer. explain the circumstances in thc iollowing spacc'
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INSTRUCTION TO EIDOERS
March 2015
Page L6 of 4LKlrlla Fire Trainlng Facilities, lnc-
City of Vernon
Fire Department Training Facility Contractor
In conformance wrth Public Contract Code Secuon 10232, the Contractor' hcrcby statcs undcr penalty of
perjury, ttrat no more lllan one tinal unappealable lmding ofctuternpt ofcourt by a fedcral court bas bccn
issu<I against thc Contraclor within tlre immcdiatcly prcccding two ycar pcriod bccause of the
Contrrctor's failure to cornply with an order of a federal court whiclr ordcrs the Contrac{or to comply
with an ordcr of ttre Natiooal Labor Rclations Board'
Note: nnairc id ou thc signaturc
portion ture of Biddcrs are caulioned
tftar mo oct the
ln conforrnance wirh pubtic Conrract fuE Serion 10285.1 (Cbafla 376, Siats. t985), the bidder hereby
declares under penalty of pcrjury urder ttre laws ofthe State of California thtt drc hiddcr has
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has
not _f,_ been convicted within the preccding threc ycars of any offenses referred to in lhat section
incl.rding any chargc of ftaud, bribery, collusion, conspi@y, or any oik. acl in violation of any *ate or
Fcdcral antitrust low in conneaion with the birJding upoo, award o[, cr pcrfonnarce o!, any public works
q)ntrac.t, as defined in public CmE'er Codc Section ll0l, with any public cdity, as &fined in Public
Contract Code Scction I I fi), incMing the Rcgents of the Unirrcrsity of Califoruia or thc Trustces of the
calil'omia State Universiry. Thc tciln *bid&il is understood to includc any parurer' memlrcr, officcr.
dircctor, rcspornible msoagtng ofticcr, or rcspotrsible rmnaging employcc thaeof' as rcfertd to in
Section 10285.1.
Note: The biddcr must placc a chcck nr,nrk aftcr *has' or "has not" in ooc of ttr blank spaccs qt1)ld$
Thc above Sratement h trn ;f the gia. Signing this Bid on the signature portion thercof strall also
"o*titut, signature of this Staternent. Biddersare cautioned that making a frlse certification may subject
thc certilter to criminal proseculion.
INS I xtrcl ION tO lllDl)l:tts
March 2015
PaEe t7 of 4lKirila Flre Training Facllitles, lnc.
City of Vernon
Fire Department Training Facility Contractor
Locol Arsatlroce Pruccdures tlrnuol
PS&E Chcckllst ltrstruction$
EXHIaIT IZ.g
Atl.chmcnl D
Noncolluslon Aflidevit
(fitlc 33 Utrit€d Strtcs Cod€ Scr'tion I 12 and
Public Contrrcl Code srectam 7106)
To the CITY of VERNON
FIRE DEPARTMENT
h accordance with Title 23 United St8tes Codc Scgion I l2 and Public Contract Codc 7106 the
biddcr declarcs thal ahc bid is nd made in thc intercst o[, or on bclulf of, any undiscloacd pcrson
partaership, company, associatiorr organizatim, or corporation; thal the bid ir gcouirc and not
collusivc or shanr; that thc biddcr has nol dir€city or iilirectly induccd or solicited any otlrr
bidds to put in a hlse or dram bi4 srd has not dircctly or indirccrly colludc4 conspircd'
connivcd, or agreed with any bidder or anyone elsc to Put in a sham bid, or that anyone slull
refrain from bidding; thst dle bidda has mt in any manner, direa.ly or indirectly, soushl by
agrtemcn! communication, or confcrcncc with 8n]'one to 6x the bid pricc of the bid&r or any
othcr biddcr, orto fix any ovcrlrcad, pro6q or cos denrcnl ofthc bid pricg or ofthat ofany othcr
bidder, or to seDure sny advantage aglimt the pblic body awarding the conrract of anyone
interestod in the proposcd contract; that all statcrn€nts comained in thc bid are true an4 further'
that the bidd6 hos nol, dhctly or indirec{y, efimittod his or hcr bid pricc or any brcakdown
thereo(, or the contcnts th€rEof, or diwlged information o,r data rclatirrc tlrcrelo, or paid, and will
oot pay, any fee to any corporatioo, partnEship, comp.ny a$ociatioo, organizalioq bid
depository, or to any member or agent rhereof to effectuatc a collurive or ch'm bid'
Note: t is part of tlrc Bid/Pmposal' Signing thts
A iorthereofshall also constitutc signaturc ofthrs
Noncollusion Affidavit. Biddcn are cautionod that making a false cerrification
rnay subject the ceilifier to criminal prosecution'
lNSTtilCI ION TO BlDfrER^S
March 2015
Page 18 of 41Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
DEBARMENT AND SUSPENSION CERTIFICATION: l-25
EXHllllT
DEBARMENT AND SUSPENSTON CERTIFICATION
TITLE 49, CIDDEOF FEDEMI- REGULA"IIONS' PART 29
The bidder, undr penalty ofpcrjury, certifis that. cxcept as notcd below, he/shc or any otltrx
person associated tluewith in thc capacity of owner, parrncr, dircctor' officcr' ard mamgcc
r Is not currctrtly undcr ruspnsioq deborment" voluntar)' oclusior\ or ddcrmination of
irrcligibility by any fcdcral agaqa
o Has nor bcco su+qrdcd, dcbarrcd, volunhrily excluded or daermined ircligible by any
fcdaal agarcY within the Pas 3 Yceu
o Does not have a proposcd dcbannent pcnding and
. Has not becn indiaed, convicted, or had a civiljudgmcnt rcnd€rcd ainst it by a coufl of
colnpctc0tjurisdictioninanyrrnltcrinvolvingfrardorofficialmiscondrrcrwithinthc
pas 3 Ycrn.
lf thcrc are any excepions to this ccrtification, inscrt thc exc+tions in the following sprce'
NO EXEBPTIONS
uxceptions will not ncce*sanly result rn denial ofaward, but will be considcrcd tn detcrmlntng
iidder rusponsibility. For any-exception nded above, indicate bclow to whon it applies'
initiating agency, and dates of aclion'
Notes: Providin g y rcsuli in criminal prosccution or administrative
sanc'tions. on is part of the Bid'/Proposal' Signing this-Bid/koposal
on thc signaturc portion thereofshalialso constitute signaturc ofthis Ccrlification.
NSTRTTT|oN TO BIDDERS
,
,
t
Lmrl .{.ssistrnca Procedurm }lanuel
Marcn 2015
Page 19 of 4L(irila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
NON.LOB BYING CE RTIFICATION FOR FEDERAT.AID CONTRACTS: I-25
Loctl A$lslrnce Procedurcl Maoual
PS&E Chftklist lnstrtrctiotrs
EXHTATT l2-E
Attrcbment tr
NONLOBBYING CERTIFICATION
FOR FEDERAL.AID CONTRACTS
The prospective partioipant certifics, by signing and submitting this bid or proposal, lo tbe bcst of
his or her knowtedgc ald bclicf, that:
rgeerD€nt
(2)
of Lobblng Activities,' in accordaoce with its instruaions'
This certifi
tranwlion
or eilering
fails to lile
and not morc than $ t 00,000 for each such failure.
submitt
fication
ubrecipi
I\STRIJ('rloN rO BIDDERS
March 2015
PaEe20 of 4L
DISCLOSURE OF tOBBYING ACTIVITIES: l-27
Kirila Fire Training Facilities, lnc'
City of Vernon
Fire Department Training Facility Contractor
DISCI,OSURE OF LOBEYINC ACTIVI'I'IES
COMPLE I t l llls FORM TO DISCLOSI!
n: 2' st ctlon:nl-l "b.
d. Im
c'
c. lMtlrmtcc
l'. lmninumre
3. Rcport l'yPe:
! ". ,,u",
b. rnd6isl chenSp
For Mrtrdrl Clragc OolY:
yor ___ qurtq
dslc of ld rqsl.---
4. ll.ne rnd Addrtss oI Rcporlhg Enaity 5' lf Rcpordng Entliy.h NG
'-b
Subrrrrdc'
EtrlGr Ntmc ald A'ldro of Primc:
! rr-tn"I Subo*r.le
Tis , if knrwn
Colarcadood Dblrlct' if knryn
6. FcdemllhPrrtrm.a/,{lcrra:
& Fdtnl Aclho Nombcr, if kmm:
10. r ilrocrnd AddE oflobb, EoUtY
(lf individuEl. l6t ntnc' fiEt nmq Ml,
CmSrc.doerl Dlrtrfc' il Lnom
F:dcnl Prognm NrmdllocrlPllol:
gPPl ;1161er, if aPpliBbl€
-Arrrd Amou( if lmm:
b. hdvldrrb Perfooht Scrvis (imlding
idMifditfcmliomNo. l&)
(h( nam, fiEl Emc. Ml)
(rlleb ContinuElion She(s) if nccssary)
12. Fnm ot hwl.ol (clcck rll tlrl .PPly):
I I a.mh
fl t. in-ri,,a, ryaiS: nanre-
valrc
14. Brlcf Desrlptlon of Scrvlcc Pcrfomed or lo bc perfrncd rnd.Drt(3) of S'rdcq hclldhg
ollicrr(3), cmPloye(t), q mErtrbEr(t) cmt.clcd' for Pryncit hdiEted lt llGm I l:
tt. Arm{El of ?rynclt (cbek dl airt tPply)
s- [ actud Plmtu{
tlm,OD ts @h sdr ftil@
Federal Ure Only:
ll. Typc of Prym.trt (chG* rll atsi rpply)
T, TE1AINLT
President
r.rptrmxp. 724-854-5207 -ou",3-U\!lnfi
Aulhorizcd frr Locrl RcPmductior
st ndard Fom - LLL
litc
ItGv 0D.l
t21
Note: fhcre havc bcen no lobhylng rctivites ptrsant
NSTRUCTI()N TO EIDD€IS
to lt U,S.C. ll52
(uttDch Conlioutrtion Shet(r) if nemory)
t5. cotralnuralmshcct(r)rtirched: Ycr D Io E
r 6 lnfrtuid uEtcd thourh ths tom is rrrhmucd bv Titlc I t
March 2015
Page 2L of 47Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
BIDDER'S tlST OF SUBCONTRACTORS (DBE AND NON-DBE): l'34
PAnr I
Ihcbd&nru|hrltsbolrm(bo6DBErdmDBE)uG6rlD.si$setin!-t.ot{oftLsut dSpoifrmad5rTill.-+)'sa'lbr26tIofdecalEcJ
Fed.6l RrgulM fti. risilt o r.q,nrd b adhkr D |irrg DBE Subcormm cl*rrtat o rhc rqqt d6rt' Lb hB 'f drh"l ft[
Ertlbll l1-B
Dqqbtlor cttoalo.awri lc lt l(fodC
Inc. does noE inEenal on erploylng any subconEracEors for
nmNrD
AddrEs,
f ---?r;il-
lro
Addrq
l A.tdB
la+u,zr
NorE:Klrila Pire Training FaciliEies,
thls projecr
I#rllGrt dA|E*
ExurBlr t2-B BlDoEn's LtsT or SUEcO:lrRAcro&s (DBE
^\D
NON-DBE)
DLA-OA llJt6
J
)
)
)
)
)
)
March 2015
Page 22 of 4LKirlla Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
LOCAT AGENCY BIDDER DBE COMMITMENT-CONSTRUCTION CONTMCI: I.35
ExrrlBrr l5-C Lo{Al. rlGltl\c}' Bu)Di:R DBE CoMMI'I'Mf,N'I (CoNs'l'Rtic'l'lol\
coNTrL{CTS)
Dbtrlbutbo: (l)Orifinl- Lcd rfry lila
NOTE: BeCause Ebis projeee has a limited anount of work on alEe, a llmiEed
amounE ot DBE conE.lacEors were aT5i1able for applicable hBilircr8t?6ir?S?"t
companies were conEacEed Eo perEorm Ehese tasks however
A. Could not perform
B. Dial noE meeE DBE regulations
c. NoE inceresEed in the project.
See aeEached Phone OuoEe Daca
ON TTIE REVDRSE SIDE OF'I'HIS FORJVI
PTOJECT DSSCRFIDN:
---
gxPnrrnx l(Md bo sstincd o. dE &tsDATE fi"opeU-ictrt oBErd&s
ffi-- (m-nTr?c6Pdrr)
I 4d tEq aldq DeE Cdrril (('ilBi. cffil
(kv 6r2cr9l
OF WORK AND DESCRIPTION
BE PROVIDED(mddd if thE
For Locrl Agcncy to Completc;
tdrl AfEwy Cotilrd NuEb6
--
Fcdrd-sid PDjcr Nmha
Lal A3ory utifio lL .f DBEcaifidaE hrE bd Einrd rd
aofoilaial b coapkc ud *cr*
PrirNlrc - -- -=ffic-
l-ml Agprcy t+rutriro
March 201,5
Page 23 of 41Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
DBE INFORMATION- GOOD FAITH EFFORTS: l-41
UXHIBN I5-H DBT, INFORMAI.TON _COOD ].AITH T]FFORTS
DBE INFORTIATION. GOOO FAITH EFFORTS
Fedcral-ard ProJ@t No. HSIP - 5139 (012I - . Bid Opcning Date 1 9MAR15
Citv of Veoron _cstablished a Disadvantagal Business Entcrp,risc (DBE) goal of Q% tbr tlus
The information provided herein shows that a good faith effort was madc.
Publirztions Dutes of Advcrtisernent
B. The names and dates of written notices sent o certified DBEs soliciting bids for this projoct and
the dates and methods used for following up inilial solicitations to determine with certainty
whether the DBEs were interested (please attach copies of solicitations, teleplrone records, fax
confirmations, ctc.):
Narnes ol DBEs Solicited Date of tnitial Follow Up Methods ard Dates
Solicitalion
The -pmject
J
Submittal of only fhe *Iacal Agency Biddcr DliE Cornmitmenl" form may not pmvidc sufticicnt docunrcntation
to dcmonstrite that a&quale good faith cfforts wcre [ude.
Thc following iteors are liced in the Secrioo cntitled "submission of DBE Commitrn€nt" of the Spocial
Provisions:
A. The names ard dates of each publication in which a rcguest for DB for this project
wos placed by the bidder (please attach copies ofadvertisefli€nb or cation):
SEE ATTACHED PHONE OUOTE DATA
March 2015
Page 24 of 4LKlrila Flre Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
Locd Assirrrac" r.".li#ilil.Lili
C. The items of work which the bidder madc available t'r DBE firms including, where appropriate,
any breaking down of the contract work itcrns (including lhosc iterns normally performed by the
bid<ler withlts own forces) into etnnomically feasible units to fasilitate DBE participation. It is
the bidder,s responsibility to dcrnonstrate ttut suflicient wort to frcilitatc DBE participation was
made available to DBE firms.
Bidder Normelly Breakdown of Amounl Percentage
Pcrforms ltem lterns (S) Of
(YN) Contract
ltcms of Work
Ironvrork S42,000 +/ -5*
D.cted DBE firmq the reasons tb'r the bidde/s
wo* (please attach copies of quotcrs from the
DBE if the selected frrm is not a DBE:
Namal arldresscs and phonc numbcrs of rcjected DBEs and the reasons for the bidder's rejection
of the DBEs:
E
Narnes, addresses and phone numbers of firms selected flor the work above:
Efforts made to assist interested DBEs in obtaining bonding lines ofcredit or insurance, and any
technical assistance or information related to the plans, specifications and rcquirements for the
work which was provided to DBEs:
SEE ATTACHED PHONE QUOTE DATA
INS l'Rt/(-l 0N IO BIDDERS
l'rge l5-4
Junc 20,2012
oB 12-04
March 2015
Page 25 of 41Kirila Fire Training Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
I EiTorls made to assist inttrested DBEs in obtaining ncccsiary equipmenq supplics, materials or
related assistance or sen'ices, cxcluding supplies and equipmcnt the DBE subcontractor
purchases or lcascx; from the prime contractor or its affiliate:t
)
'l
I
I
)
G. The names of agcncics, organizations or groups contacted to povide assistaoce in cootactinS;
rer,ruiting and using DBE firms (plcasc attach copies of rEquests to agurcios and any r€xtPorules
received, i.e., lists, Intemet page download, etc.;:
Any additional data to zupport a danonsttation of good faith etTorts (use additional sheeb if
nccessary):
**See attached sheets
,
)
)
)
)
)
)
)
,
INSTRL(TK)I\ TO BIDD!:RS
March 2015
PaEe 26 of 4LKirila Fire Training facillties, lnc.
City of Vernon
Fire Department Training Facility Contractor
(llrr(Brcd ,lEhtLt.r.
rirr-,6.EdE, i,;
or?rr E. r-t E rllir
8.5.r]m, idr'*otdt oir.. aa,l'nrrc&o,rrrF!
lralhrEdsr,v r-4rrcr ul rc1?8 t -l,i
rdaral3r...r, r.h..r.cr lrlatlsll.
t
)
)
)
)
)
)
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)
March 201:
Page27 of 4LKirila Fire Trainlng Facilities, lnc.
City of Vernon
Fire Department Training Facility Contractor
DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S) NUMBER: l-49
CI'[Y Of; VERNON
DATA UNMRSAT. NUMBERTNG SYSTEM (D-U-N-S) NUMBER
CONTRACT NUMBER:
COIIiiTRAC.I'OR NAME:
TBD By Cirlr of vernon
BUSINESS ADDRESS (D-U-N-S Number Locetlon):
s'r'REEr': PolS442-E.d&d-84
CtTy: Brooldeld
STATE: Ohio
Z1qCODE: 4J,403
D-U-N-S Number:801 392195
Kirial Fire l'rainhq Eacilities, lnc
Contact Name:
Tclephore No:
IerryXirle-=
724-854-5207
)
)
)
INSTRUC-TION TO BDDERSl-19
REctr-[vED
APR 1 5 2015
CIY CLERKS OIFICE STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE: April2l,20l5
TO: Honorable Mayor and City Council
FROM: Teresa McAllister, Director of Human Resourceglv
RE:ADOPTION OF CITY OF VERNON PERSONNEL POLICY AND
PROCEDURE, REFERENCE/BACKGROUND CHECKS I.12
Recommendation
It is recommended that the City Council:
A. Find that approval of the proposed personnel policy and procedure in this staff report is
exempt under the Califomia Environmental Quality Act (CEQA) in accordance with
Section 15061(bX3), the general rule that CEQA only applies to projects that may have
an effect on the environment.
B. Adopt the attached Personnel Policy and Procedure, Reference/Background Check Policy
I-12, and incorporate it into the Personnel Policies and Procedures Manual.
C. Authorize the City Administrator and the Director of Human Resources to execute and
distribute the above-referenced policy to all employees.
Backeround
The Human Resources Department is responsible for maintaining and managing the City's
Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel
Policies and Procedures had not been conducted in over twenty (20) years. In line with the
City's good governance reforms, the City commenced and is continuing its comprehensive
review of its policies and procedures, including the incorporation of new policies and programs
designed to benefit the City, its employees, and surrounding communities.
To ensure a more efficient and effective method in maintaining and managing the City's
personnel policies and procedures, the City Council on November 20,2012, approved Resolution
No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures
Manual. The manual is designed to provide a uniform and consistent system for human resource
administration throughout the City. In addition, the manual will provide employees with greater
clarity with respect to personnel policies, and promote effective communication among
managers, supervisors, and employees.
REGEIVED
APR 0I 2015
CITY ADMTNISTRATION
As such, on March 19, 2015, City staff has presented the below policy and procedure to the
department heads for review and to receive comment regarding the adoption of such policy and
procedure. In accordance with the Meyers-Milias Brown Act, the attached policy does not have
an impact on employees' wages, hours, or working conditions and therefore is not subject to a
mandatory meet and confer with the labor organizations.
As of March 30, 2015, City staff received no recommended revisions from the department heads,
and the following updated policy is hereby presented to the City Council for consideration and
adoption into the Personnel Policies and Procedures Manual:
1. Reference/Background Check Policy I-12 (new)
Budset Impact:
There is no budget impact.
City of Vernon, California
Human Resources Policies and Procedures
Director of Human Resources
City Administrator
Number; I- 12 Effective Date:
SUBJECT:
PURPOSE:
REFERENCE/BACKGROUND CHECKS
lnformation Concerning an applicant's
verified bv Human Resources before everified by Human Resources
responsibility includes verification of
expenence.
an applicant's credentials and previous work
To establish guidelines for pre-employment reference checks of potential new hires and
promotions, and for the release of personal or reference information to other employers
iegarding current or former employees while complying with all applicable disclosure
and privacy laws.
Please refer to Human Resources Policy l-13, Criminal History/Live Scan Policy
regarding the policy and procedures for conducting criminal background checks.
POLICY:
- The City of Vernon is responsible
nts in their employment application.
verify all icensesloyment can beStudent some
try service to obtain information. The
dates of attendance or graduation are
usually required in order to verify attendance and degrees earned. ln most cases,
this can be done over the telephone or on ine.
The Human Resources Department is
checks are conducted in accordance
Reference information obtained in confi
employers is considered confidential
applicant. However, any information obt
reference or background check must be r
unless the applicant waives their right t
Code Section 1786.53.
The Human Resources Department is r
and consistency of reference checks.
reference checks of candidates unless t
Resources Department to do so. When
checks, the department shall use and co
1
Number: I-12 Ef/ective Date;
Check Form. Upon completion of reference checks, the hiring department shall
submit the Telephone Reference Check Form(s) to Human Resources for approval.
Departments must consult with the Human Resources Department prior to asking
questions not specifically identified on the attached Telephone Reference Check
Form.
The purpose of reference checking is to gather additional facts and information
about the leading candidate(s). Reference checks help verify information gathered
in the interview (experience, skills and capabilities), and is a valuable tool in
gauging the candidate's interpersonal communication skills (i.e. teamwork, ability to
get along with others, communication style, etc.). A thorough reference check may
also provide the hiring department with new facts and information (strengths,
weaknesses and constructive criticism) to consider in making a final hiring decision.
Previous employers may be reluctant to share negative information about former
employees but employers should verify, at a minimum, dates worked and positions
held. Some employers will also state whether an employee is eligible for rehire.
Any written information obtained in the reference check will be retained by the
Human Resources Department and destroyed in accordance with Government
Code Sections 34090, et. seq. and the Records Retention Schedule of the Human
Resources Department.
With the exception of the Police Department, authorization to use an outside
investigator or agency to conduct any reference or background check must be
obtained in advance from the Human Resources Director.
Applicants who submit an application for employment with the City of Vernon agree
to the following:
a.
b.
c.
d.
To answer all questions completely and accurately;
To allow the City to contact all employers and educational institutions listed,
including current employer, and if applicable the appropriate supervisor within
the City of Vernon (for former employees);
That all statements made within application are true and complete; and
That making false statements may lead to disqualification or dismissal.
California Law prohibits employers from posing questions to applicants that express
discrimination based upon an applicant's race, religion, color, national origin,
ancestry, physical or mental disability, marital status, sex or sexual orientation.
Federal law also prohibits discrimination in the hiring process.
The following are some examples of questions that cannot be asked regarding an
applicant:
a. When an applicant graduated from elementary or high school, or other
questions concerning an applicant's age other than minimum age requirements;b. Where an applicant was born;c. Whether an applicant is a U.S. citizen;d. Questions regarding an applicant's race or ethnicity;e. Questions regarding an applicant's financial assets or debts, or whether an
applicant owns or rents their residence;f. Questions concerning an applicant's height or weight;
S. Questions concerning an applicant's family responsibilities such as the
existence of dependents, childcare or child support, or about childbearing or
fertility;
')
h.
i.
j
Number: l-12 Efeclive Dqte;
Questions concerning an applicant's sexual orientation;
Questions concerning an applicant's religion or religious practices; and
Questions concerning an applicant's medical history or records.
2. - The Human Resources Department
outside employers. Express written
authorization must be provided by current or former City employees before requests
for earnings-related data or detailed employment history can be released. Absent
written authorization from the current or former employee, the Human Resources
staff will only release basic factual information to other employers regarding current
or former City employees.
ln accordance with California Civil Code 1798-1798.78, the City of Vernon
reference policy permits providing references to other employers including written
verification of employment, dates of employment, job classification and salary range
of an employee's classification. The Director of Human Resources may authorize
individual supervisors or managers to respond to requests for detailed employment
information when a signed release is on file with the Human Resources
Department.
Whenever there is any doubt concerning the legitimacy of a request for information,
the inquiry will not be honored by the City.
PROCEDURE:
Responsibility
Prospective Employee
Human Resources
Hiring
Department (Human Resources, if requested)
Action
Provides written consent to
Human Resources to provide
information pertaining to employ-
ment and/or payroll and/or
Commercial Driver's License (if
applicable) information.
Verifies all degrees, certifications,
licenses and educational history
listed in an employment
application.
Confirms hiring department's
compliance with reference check
procedures.
Conducts reference check(s)
provided in application after final
interviews and lead candidate is
identified.
Utilizes the Telephone Reference
Check Form for all reference
checks.
Consults with Human Resources
prior to asking any questions not
1.
2.
J.
4.
5.
J
Hiring Department
Outside Agency (if applicable)
Human Resources/Police Dept.
Number: l-12 Eflecli'te Dqle:
specifically identified on the
Telephone Reference Check
Form.
Submits completed Telephone
Reference Check form(s) to the
Human Resources Department.
Submits personnel action form to
Human Resources Department
along with completed Telephone
Reference Check Form(s).
Responds to requests from City
staff regarding reference and/or
payroll information on employee.
Coordinates with outside
Background lnvestigation
Company on background checks
as requested.
Provides DOT required forms to
all new applicants.
Provides applicant information to
outside agency, if applicable.
Provides reference checks to
outside employers upon receipt
of expressed written authorization
from former employee.
6.
7.
8.
9.
10.
11.
12.
4
Number: l-12 Elfective Dqte:
CIry OF VERNON
TELEPHONE REFERENCE CHECK
The purpose of reference checking is to gather additional facts and information about your leading
candidate(s). The reference check helps verify information on the application form (education,
experience, training) and information gathered in the interview (experience, skills, and capabilities),
and is a valuable tool in gauging the candidate's interpersonal communication skills (teamwork, ability
to get along with others, communication style, etc.). A thorough reference check may also provide
you with new facts and information (strengths, weaknesses, and constructive criticism) to consider in
making your final hiring decision.
lnitiate your reference call with a brief introduction and the purpose of your contact, indicating that
your candidate has listed them as a reference and you are following up to gather facts and
information. Be sensitive to their time and make sure they are able to give you approximately 10 to
15 minutes to conduct a thorough reference check. A "rushed" reference check will be ineffective in
eliciting quality information.
To assist you in the reference check process we have developed a list of suggested questions.
These will be helpful to you in collecting necessary information to make an "informed" hiring decision.
You may ask additional specific or substitute questions related to the particulars of the position you
are filling. These questions serve as a guideline for you and have been very effective in gathering
information about candidates. Not all need to be asked/answered.
Name of Candidate:
Reference Contact:Telephone: ( )
Organization:
1. Employed from to
2. Salary: Beginning -
3. Were you involved in the selection process when
organization? lf so, what influenced you to hire him/her?
Ending -
was hired in your
4. How would you rate their customer service skills?
5. How did he/she get along with:
o Co-workers?
. Supervisors/Managers?
5
Number: I-12 Efective Date:
6. lf I were to call his/her co-workers, what do you think they would tell me about his/her
teamwork and interpersonal skills?
7. Was he/she dependable?
8. What was his/her attendance record like?o Was he/she absent often?
o Was he/she tardy often?
9. How well did he/she follow instructions?
10. How would you rate him/her on their ability to do their job?
_Unacceptable _Needs lmprovement Acceptable
Good _Superior Outstanding
'11. lf you could offer him/her one bit of constructive criticism, what would it be?
12. Why did he/she leave your organization?
13. What one thing about his/her employment with you do you recall the most? (name major
accomplishment, event, work product, etc.)
14. What was his/her reputation within your organization?
15. What else can you share with me about
in evaluating his/her candidacy for this position?
that might help us
This is to certify that I have conducted a reference check on the leading candidate for
purposes of employment and have asked the specific questions contained in this
checklist.
Signature:Date:
Reviewed and approved by Human Resources Department:
Signature:Date:
6
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
RECEIVED
APR 13 2015
CITY ADMINISTRATIO
April21,2015
Honorable Mayor and City Council
lt
VincentA. Rodrigu lic Works Project Coordinato. 'J t it
Samuel Kevin Wilson, Director of Public Worls, Water and Development
Bid Award for Contract No. CS-0541: Citywide Traffic Signal Maintenance
Project
REGF[\/F-D
APR 15 2015
CITY CLERKS OFFICE
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
Recommendation
It is recommended that the City Council:
Find the awarding of a contact to Aegis ITS is categorically exempt under the
Califomia Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Section 15301, because this project only consists of maintenance and repair of the
City's taffic signals and does not involve any expansion of existing facilities; and
Accept the bid from Aegis ITS, Inc.as the lowest responsive and responsible
bidder and enter into a contract, not to exceed $l 10,000.00 per year for a total of
three years for the Citywide Traffic Signal Maintenance Project, Contract No.
CS-0541, and to reject all other bids.
Background
The City of Vernon currently owns and operates 41 traffic signals. The City is seeking a
Contractor to inspect and perform maintenance on the traffic signals on a monthly basis. In
addition, they must be capable of performing emergency repairs on damaged or non-functioning
equipment at all locations including repair or replacement of failed components and the
emergency replacement of equipment damaged by vehicular accidents. This extraordinary work
will be performed on an on-call basis available 24 hours a day,7 days a week.
Currently, Aegis ITS is the contractor maintaining the City's traffic signals. Pursuant to
Resolution No. 2012-46 approved by the City Council on April 3,2012, the City entered into a
l.
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three-year services agreement with Aegis ITS effective May 1,2012 to perform the traffic signal
maintenance and repairs.
On March 3,2015, the City Council authorized the advertisement of the Notice Inviting
Sealed, Competitive Bids for the Citywide Traffrc Signal Maintenance Project. The Notice Inviting
Bids was posted on the City's website, published in the Vemon Sun newspaper and it was also
advertised in the following construction related websites: Bid America, eBidboard Construction
Contract Advertising, McGraw-Hill Construction. The specifications included the standard terms
and conditions for the contract which were approved by the City Council. The bids for Contract
No. CS-0541, Citywide Traffic Signal Maintenance Project, were received and opened on March
25,2014. The calculated results were as follows
1.
2.
Aegis ITS,Inc.
Siemens lndustry,Inc.
s 342,784.86
$ 342,864.00
Bids were for a comparison purpose only. The City of Vemon will pay Aegis $36,649.20 per
year for preventative maintenance. The City is proposing to enter into a contact with Aegis ITS for a
not to exceed amount of $110,000.00 per year. The remaining $73,350.80 will be used towards
extaordinary (emergency) work which will be based on actual time and materials established by the
trnit prices provided.
Fiscal Impact
This contract will be for three years at an estimated cost of $ I 10,000.00 per year for a
total of $330,000.00. The cost for traffic signal maintenance is budgeted in the Street Operations-
Public Works portion of the budget.
STANDARD FORM OF
CONSTRUCTION CONTRACT BETWEEN
CITY AND CONTMCTOR
This Agreement is made and entered into at Vernon, California this _ day of , 20 _, by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City') and Aegis lTS, lnc.,_a
California corporation (hereinafter "Contractof), for conslruction of the Citywide Traffic Signal Maintenance,
Contract No. C5-0541.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTMCT DOCUMENTS
The 'Contract Documents' excepl for modificatlons issued after execution of this Agreement, shall mnsist 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, inclusive of Exhibit A (General Conditions), Exhibit B (Special Provisions), Exhibit C
(Living Wage Provisions), Exhibit D (Equal Employment Opportunity Practices Provisions), and all
Attachments and Sub-Exhibits thereto;
C. Notice lnviting Bids;
D. Instructions to Bidders;
E. Bid Forms;
F. Designation of Subconhactors; and
G, Bidding Addenda Nos. _.
2. SCOPEOFWORK
Within the Contract Time and for the stated Conkact 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
STANDARD CONTRACT FORM 1
Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in skict
conformity wlth the Contract Documents for:
Citywide Traffi c Signal [/aintenance
Contract No. CS-0541
3, TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completion of the Work within 365 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. Contraclor shall achieve Final Completion of the Work, within the time
established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusled
as permitted by this Construction 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.
Liquidated Damages. lf Contractor fails lo achieve Substantial Completion of the entire Work wlthin the
Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of Five
Hundred Dollars ($500.00) per day for each working day occurring after the first seven (7) working days of each
month for non-completion of the preventative maintenance and One-Hundred Dollars ($100.00) for each hour late
when responding to emergency situations per Conhact Time for Substantial Completion until Contractor achieves
Substantial Completion of the entire Work, as required by Article 3 of the General Condilions of Contract and Section
B-1.07 of Exhibit B Special Provisions.
Contractor lnitial here:
4. CONTMCT SUM
ln consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by lhe
Conlract Documents, City shall pay Contractor the sum of One Hundred Ten Thousand Dollars and Zero Cents ($
1 10,000.00), payable as set forth in the General Conditions ('Contract Sum').
STANDARD CONTRACT FORM 2
lN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at
CITY OF VERNON:
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
[Contracto/s Corporate Seal]Aegis lTS, lnc. :
By:
An Authorized Signatory
Printed Name:
Title:
CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
By:
Name:
Title:
STANDARD CONTRACT FORM 3
APPROVED AS TO FORM:
1.01
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1 . PBELIMINABY PROVISIONS
DEFINITIONS
The lollowing words shall have the following meanings:
A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum,
Contract Sum, and Schedule of Values tor Payment for a particular item ol Work, which cannot be
sutficiently defined so as to allow Contractor to adequately determine fair value before the Bid
Deadline. Allowances include estimaled amounts established by the City lor certain construction
elements that have not yet been fully designed or authorized for inclusion in the Work or to permit
defened approval or selection of actual maierials and equipment to a laler date when additional
information is available for evaluation.
B. As-Builts. The documents prepared by Contractor showing the condition ol the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other portions ol the Work that are shown diagrammatically in the Contract
Documents.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work
described in the Contract Documents as the base Contract Work (e.9. not designated as part ol a
Bid Alternate).
D. Bid. A complete and properly executed offer by the Bidder on City.prescribed forms to perform the
Work for the prices stated in response to the Notice lnviting Bids.
E. Bid Aliernate. An item of Work described in the Contract Documents as an Altemate Bid that will
be added to or deducted from the Base Bid and Contractor's responsibility only if the City accepts
the Bid Altemate.
F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid.
The Bid Forms include: (1) Bidder's Proposal; (2) Schedule of Bid Prices; (3) tncumbency
Certificate; (4) Bid Bond; (5) Biddeis Statement ol Qualifications; (6) Expenence Form; (7) Trades
Experience Form; (8) Contractor Safety Ouestionnaire; (9) Designation of Subcontractors; (10)
Affidavit of Non-Collusion; (11) lnsurance Requirements Affidavit; and (12) forms included in the
Specification required by the type of project funding (e.9. federal, ARBA, HUD, etc,).
G. Bidder. The individual, partnership, firm, corporation, joint venture or olher legal entity submitting a
bid on these Contract Documents or any part thereof.
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed
Contract Documenls. The Bidding Requirements consist of: (1) Notice lnviting Bids; (2) lnstructions
to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding
Bequirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the
Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the
ARTICLE I
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Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution ol the Construction
Contract; (8) all Modilications issued atter the execution of the Construction Contract; and (9)
Govemmental Approvals, if any, including but not limited to, permits.
Change Order. A Change order is a written document prepared by the City rellecting the
agreement between the City and Contractor for: a change in the terms or conditions of the
Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the
Contract Sum; and the extent ol the adiustment, if any, in the Contract Time.
Change Order Request (COR). A Change Order Request is a wntten document originated by
Contractor, which describes an instruction issued by the City after the effective date of the
Contract, which Contractor believes to be a scope change that may result in changes to the
Contract Sum or Contract Time or, which describes the need lor or desirability of a change in the
Work proposed by Contractor.
City or Owner. The City ol Vernon, Califomia, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection
with the Project.
Construction Change Direciive. A written order prepared and signed by the City directing a change
in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.
Contract Documents. Conkact Documents are enumerated in the Construction Contract between
City and Contractor and consist of: (1)the Bidding Requirements; (2) the Construction Contract; (3)
the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits t0
the Contract; (5) the Drawings; (6) the Specilications; (7) all Addenda issued prior to the execution ol
the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Govemmental
Approvals, including, but not limited to, permits. The intent ol the Contract Documents is to include
all items necessary for the proper execution and completion of the Work by Contractor. The
Contract Documents are complementary, and what is required by one shall be as binding as if
required by all; perlormance by Contractor shall be required to the extent consistent with the
Contract Documents and reasonably intelable from them as being necessary to produce the
indicated results.
Contract. Contract Documents form the Contract for Construction. The Contract Bepresents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modilied
on by a Modilication. The Contract Documents shall not be construed to creale a contractual
relationship ol any kind between any persons or entities other than the Owner and Contractor.
There shall be no third party beneficiaries ot the Contract Documents.
Contract Sum. The total amount of compensation stated in the Construction Contract that is
payable to Contractor for the complete perlormance of the Work in accordance with the Contract
Documents.
Contract Time. The total number of days set forth in the Construction Contact withln which
Substantial Completion ol the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, sub,ect to adjustments in accordance with the terms of the
Contract Documents. The Contract Time for Contractor's perlormance of the Work is measured in
calendar days (not work days).
ARTICLE I
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o.Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with
whom the Contract is made by City, or the agent or legal representative who may be appointed to
represent such individual, partnership, tirm, corporation, joint venture or other legal entity in the
execution of the Conlract as general contractor for construction ol the Wo*.
Conection Period. Correction Period is synonymous with the terms of the conection guarantee
period used in the Contracl Documenls.
Date of Commencement. The date for commencement of the Work lixed by City in a Notice to
Proceed to Contractor.
Day. The terms "day" or "days" mean calendar days unless othemise specifically designated in
the Contract Documents. The term "Work Da/ or lVorking Day" shall mean any calendar day
except Saturdays, Sundays and City-recognized legal holidays.
Director. The Director of the Department of Public Works, Water & Development Services of the City
of Vemon or hiyher duly appointed representative.
Drawings. The Drawings are the graphic and pictorial portions ol the Contract Documents showing
the design, location, and dimensions ol the Work, generally including plans, elevations, seclions,
details, schedules, and diagrams.
Extra Work. New or unloreseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor lo incur additional
and unloreseen costs.
Field Directive. See, "Work Directive.'
Final Completion. Final Completion is the stage ol performance of the Wo* when (1)all Work
required by the Contract Documents has been lully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, correction or completion ol all
punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of all final Governmental Approvals has been submined to City including,
but not limited to a linal Certilicate ot Occupancy or equivalent Building Department sign-off has
been issued covering the entire Poject site withoul exception or conditions.
Force Maieure. 'Force Majeure' includes but is not limited to declared or undeclared war, sabotage,
insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts ol God.
Fragnet, The sequence ol new activities that are proposed to be added to an existing schedule.
Govemmental Approval. Any approval, authonzation, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in order lor Contractor to perform the Work.
Guarantee. Assurance to City by contractor or product manulaclurer or other specilied party, as
guarantor, that the specilied warranty will be lulfilled by the guarantor in lhe event of default by the
warrantor.
ARTICLE I
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Modification. A Modilication rs: (1) a written amendment to Contract signed by both parties; (2) a
Change 0rder; or (3) a Construction Change Directive.
Notice to Proceed. The Notice to Proceed is a document issued by the City lixing the date for
Commencement for the Work.
Parties. The City and Contractor may be relerred to in the Conlract Documents from time to time
as the Parties.
Permils. Govemmental Approvals and Utility Fees as required by any agency.
lntentionally Omitted
Prolect. The Pro,ect is the total construction of which the Work perlormed under the Contract
Documents may be the whole or a part and which may include construclion by the City or by
separate conkactors.
Project ManuaUContract Package. The volumes of Contract Documents and relerence documents
assembled lor the Work made available to Bidders.
Record Oocuments. The Drawings, Specifications, addenda, requests for inlormation, bulletins,
Change Orders and other modilications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection repons, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set ol'As-Builf Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work.
The physical area designated in the Contract Documents for Contracto/s performance of the
Specifications. The Specifications are the volume(s) assembled for the Work that includes,
without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General
Conditions, Supplementary and/or Special Conditions, il any, the GBEENBOOK STANDABD
SPECIFICATIONS FOR PUBLIC WORKS CONSTHUCTION (2015 Edition), the Standard Plans
for Public Works Constructron (2012 Edition), State of California, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City ol Vernon Standard
Plans.
Specifications. The Specilicalions are that portion ol the Contract Documents consisting of the
writlen requirements for materials, equipment, systems, standards, and workmanship for the Work
and pedormance of related services, including, but not limited to, the Proiect Technical
Specifications, Standard Specilications, if any, and any applicable Trade Association
Specifications.
Substantial Completion. Substantial Completion is defined to mean the stage in the progress of
the Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work lor its intended use and as
further detined in the Contracl Documeots.
Unilateral Change Order. See'Work Directive.'
ARTICLE I
GC-4 o, 87
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OO. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line,
facility or system used for the carriage, transmission and/or distribution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to lees lor temporary utilities and refuse hauling.
RB. Wa.ranty. Assurance to City by contractor, installer, supplier, manulacturer or other party
responsible as warranlor, for the quantity, quality, performance and other representations of a
product, system service ol the Work.
SS. Work. The term 'Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by Contractor to lulfill
Contracto/s obligations. The Work may constitute the whole or a part of the Project.
TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing
Contractor to continue perlormance ol the Work or to perlorm a disputed change in the Work prior
to agreement or adlustment, if any, in the Contract Sum, Contract Time, or both.
1,@ REPRESENTATIVES
A. Director shall be the representative of the City and, except as otherwise expressly provided herein,
shall make all decisions and interpretations to be made by the City under the provisions of the
Contract Documents.
B. Contractor shall at all times be represented on the Work in pe6on or by a duly designated agent.
lnstructions and information given by he Director to Contracto/s agent on the Work shall be
considered as having been gNen to Contractor.
1.fiI PERMITS. INSPECTIONS. PLAN CHECKS. AND SIMILAR GOVERNMEMTAL APPROVALS AND
UTILITIES
A. City of Vemon shall obtain all Governmental Approvals and Utility Fees required for the construction
of the poect.
B. All documents evidencing Contractor's satisfaction with all Govemmental Approvals and Utility Fees
must be submitied to the City prior to submission ol the Application for Final Payment.
C. Where requirements ol the Govemmental Approvals ditfer lrom those of the Drawings and
Specifications, the more stringent requirements shall apply.
D. Contractor shall obtain a no-fee encroachment permit from the City ol Vemon's Public Work, Water
and Development Services Department.
1.04 LTCENSES
Contractor shall apply and pay lor a City of Vemon business license. Additionally, Contractor shall apply for,
obtain, and pay for all other licenses required by goveming authorities lor the Work.
l.Gi ALLOWANCES
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Contractor shall include in the Contract Sum and Schedule ol Values for Payment, the City's
estimated cost established for each Work item covered by an Allowance stated in the Contract
Documents. See Paragraph 1.01 for delinition ol Allowance.
The line item cost estimate established by the City for Work covered by an Allowance includes the
cost to Contractor of: all matenals and equipment, preparation of submittals; laboc transportation;
delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use
and other taxes legally chargeable; and all other costs and expenses incidental to such Work.
Work items covered by Allowances shall be supplied with such matenals and equipment and for such
prices approved in advance by City. Contractor shall notily and request City's approval of material
equipment, and pricing information for Work covered by an Allowance before ordering the malerial or
equipment and in sullicient time to avoid delay to the Wo*. City shall provide approval of materials,
equipment, and pnces with reasonable promptness. The matenal, equipment, and pricing inlormation
submitted by Contractor to the City's Project Manager shall, at a minimum, include product data and
detailed costs ol material, equipment, and labor to complete such Work, itemized by costs incurred by
Contractor and each subcontractor associated with the performance of such Work. Contractor shall
nol order materials or equipment or proceed with WoIk covered by an Allowance until the material,
equipment, and pricing information lor such Work items have been submitted to the City's Project
Representative for review and Contractor has received Crty's approval to proceed with a Work item
covered by an Allowance.
All expenditures for Allowance Work shall be separately itemized in each Application tor Payment.
To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similady, to the extent the cost of
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual cost ol the
Allowance item. ll Work items covered by an Allowance are not perlormed or the City deletes such
items hom the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost ol the unused Allowance item.
WAIVER
A waiver by City ol any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condilion
contained therein, whether ol the same or a dilferent character.
DATA TO BE FURNISHED BY CONTRACTOR
Contractor shall fumish the Director with such inlormation as the Director may desire respecting the character
ol the materials and the progress and manner ol the Work, including all inlormation necessary to determine
Contracto/s costs, such as the number ol persons employed, their pay, the time during which they worked on
the various classes ol construction, and other pertinent data.
CONTRACT DRAWNGS
The City will accept no responsibility tor enors resulting from misintepretation or scaling ol the Drawings.
ARTICLE I
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1.06
1.07
1.08
1.09 SPECIFICATIONS AND DRAWNGS
A. Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
orders pertaining to the Work and shall at all times give the Director access thereto. Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be ol like eflect as though shown or mentioned in both.
B. ln general, the Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be the same as similar parts that are detailed, marked or specilied.
C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,'must be brought to the Directo/s attention belore proceeding with the Work
affected by the discrepancy.
D. Omissions from the Drawings and/or Specifications shall not relieve Contractor from the
responsibility of fumishing, making, or installing all items required by law or code, or usually
fumished, made or installed in a project of the scope and general character indicated by the Drawings
and Specilications.
E. For convenience, the Drawings and Specilications may be ananged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract anangements ol the Woft regardless ol the
location or provision in the Drawings and Specifications.
F. The City will fumish lree of charge to Contractor, a maximum ol six (6) seis of Contract Drawings
and Specifications. Contractor shall pay for the costs of any additional sets or portions thereof.
Contractor shall be responsible lo see that all sets are the same as the up-to-date approved set.
PRECEDENCE OF CONTRACT DOCUMENTS
A. ln the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on Contractor shall prevail. Contractor shall provide the better quality or
greater quantity of Work and/or materials unless otherwise directed by City in writing. ln the event
none ol the Contract Documents place a more stringent requirement or greater burden on
Contractor, the controlling provision shall be that which is found in the document with higher
precedence in accordance with the lollowing order of precedence:
1. Governmental Approvals including, but not limited to, permits required for the Work
2. Modifications issued atler execution ol the Contract (including modifications to Drawings
and Specitications)
3. The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
l. Special Conditions, if any
5. General Conditions
ARTICLE I
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1.10
6. Specifications
7. Dnawings
8. Bidding Requirements
B. With reference to the Drawings, the order of precedence is as lollows:
1. Change order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
5. Standard Drawings
6. Detail Drawings
7. General Drawings
8. Figures
9. Scaled dimensions
C. Within the Specifications, the order of precedence is as lollows:
1. Change Ordec
2. Special Conditions
3. ProjectTechnicalSpecilications
4. Standard Specifications, i, any
5. ApplicableTradeAssociationSpecifications
1.11 NOTTCE OF CONFLTCTS
ll Contractor, in the course of the Work, becomes aware ol any claimed conflicts, errors or omissions in lhe
Contract Documents or in the City's fieldwork or work of City's separate contractors, Contractor shall
immediately notify Director in writing. Director shall promptly review lhe matler, and if Director finds a
conflict, error or omission, Director shall determine the corrective aclions and advise Contractor
accordingly. ll the correction associated with a conflict, error or omission increases or decreases the
amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance
with the Contract Documents. After discovery ol an error or omission by Contractor, any related additional
work perlormed by Contractor shall be done at Contracto/s risk unless authorized by the Director.
ARTICLE I
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1,12 REPOBTS
A. Daily Construction Reports: Contractor shall prepare a daily construction report recording the
following information concerning events at Project site:
1. List of Subcontractors at Project site.2. List of other contractors at Project site.3. Approximate count of personnel at Project sile.4. Equipment at Project site.5. Material deliveries.6. High and low temperatures and general weather conditions, including presence of rain or
sn0w.7. Accidents.8. Meetings and significant decisions.9. Unusual events.10. Stoppages, delays, shortages, and losses.
1 1. Meter readings and similar recordings.12. Emergencyprocedures.13. orders and requests of authorities having iudsdiction.14. Change Orders received and implemented.15. Construction Change Directives received and implemented.16. Services connected and disconnected.17. Equipment or system tests and startups.18. Partial completions and occupancies.19. SubstantialCompletionsauthorized.20. List of visitors to Poect Site.21. List of personnel at Pro,ect Site including names and job classifications.22. Description ol Work for the day including locations, quantities and related bid items.
lmmediately upon discovery of a dif{erence between lield condilions and the Contract Documents,
Contractor shall prepare and submit a detailed report through a Request lor lnformation (RFl). lnclude a
detailed description of the diflering conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contractor's Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES.GRADES.ANDMEASUREMENTS
A. All lines and grades will be established by Conlractor. Contractors shall carelully preserve all
survey stakes and relerence points as far as possible. Should any stakes or points be removed or
destroyed unnecessarily by any act of Contractor or his/her employees, they must be reset to the
satisfaction ol the Director, at Contracto/s expense.
B. Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at
which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to Contractor of any of the Work or delay occasioned by
giving lines and grades, by makrng other necessary measurements, or by inspection.
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1.14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.
B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, Contractor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for working space and for storage of equipment and
materials. Contractor will be held responsible for any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result from his/her use of City property.
C. ln case areas additional to those available on the City's rights ol way or property are required by
Contractor for his/her operations, he/she shall make arrangements with the property owners for the
use of such additional areas at hidher own expense.
CONTRACTOR'S OPERATIONSSTORAGE YARD
ln the event Contractor requires space lor the storage and/or staging of construction materials, supplies,
equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire
at hiVher own expense such areas as he/she may desire. For properties within the City, the staging area must
be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit visibility to
the site. Private property used for storage of construction material or debris shall be restored to a legal
condition with regard to appearance and maintenance upon conclusion ol the project. Property should be
graded and free of weeds and debris when project is completed.
IEND OF ARTTCLEI
ARTICLE I
GC-10 of 87
1.15
ABTICLE 2.PERFORMANCE OF THE WORK
PERFOHMANCE OF WORK. GENERAL
Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and
equipment for doing and performing said Work and the materials used shall comply with the requirements of
the Contract Documents. All Work shall be performed and completed as required in the Contract Documents,
and subject to the approval ol the Director, or his/her designated assistant.
NO ASSIGNMENT OB DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Conkact or his/her inlerest therein in
whole or in part without the pdor wntten consent of the City which may be withheld at the City's sole discretion.
STANDABD OF PERFOBMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
perfonned by Conkactor under the Contract will be performed in the best mannef that any material fumished
shall be subject to the approval ol the Director; and that both Work and materials will meet fully the
requirements of the Contract Documenls. Any work deemed unacceptable by the Director, whether a cause is
determined or not shall be repaired or replaced by Contractor at Contracto/s expense.
Contractor shall be responsible lor the final product and shall make any quality control, adjustments and
corrections necessary to obtain the final product accepted by the City Engineer. Contractor shall perform
process and quality control sampling and testing and exercise management conlrol the work of his/her
subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to lhese Specilications. The proficiency ol testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resulting from mix design and quality control activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
DEFECTIVE WOBK
Within the time periods that the City specilies, Contractor shall correct all deficient, improperly executed, or
unsatistactory Work determined by the City.
Contractor shall remove and shall repair or replace, at hisher own expense any part of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. lf he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance of the Work, it may be replaced by the City at the expense ol Contractor, plus 15% lor overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after
acceptance of the Work.)
ARTICLE 2
PAGE.11 of 87
CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, if Contractor defaults, fails to pedorm Work
required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and fails within a tl8 hour period after receipt of written notice from the City
to commence and conect such default, failure to perform, or neglect with diligence and promptness,
the City, at its sole discretion and without obligation, may, with its own or outside forces, perform the
Work Contractor has failed to perform and/or replace or correct deficiencies in the Work. ln such
case, a Change Order or Construction Change Directive shall be issued deducting from payments
then or thereafter due to Contractor the cost of completion, replacement or correction of such
deficiencies, including compensation for additional seruices by the City's proJect management staff,
the Architect, and their respective consultants made necessary by such default, failure to pedorm, or
neglect, plus 15% for City's overhead expenses, lf payments then or thereafter due Contractor are
not sufficient to cover such amounts, Contractor shall pay the difference to the City immediately. This
remedy is cumulative.
B. The City also has the right, but not the obligation, to self-perform or have outside forces pedorm
portions of the Work previously assigned to Contractor. ln such case a Change Order or
Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s)
applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the
reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such
deleted Work.
COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, return receipt requested, (c) sent by a recognized ovemight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All correspondence with Contractor shall be sent to the following address:
Attention:
Phone:
Facsimile:
ARTICLE 2
PAGE-12 of 87
2,05
2.06
c
D.
All communications shall be copied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additional persons as may be directed by City's Director.
Department of Public Works, Water & Development Services
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Vince Rodriguez
Phone:
Facsimile:
E-mail:
Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, private canier or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p,m. shall be deemed received on the first Working Day following
delivery (that is, in order for a lax to be deemed received on the same day, at least the first page of
the fax must have been received belore 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contracto/s Project Manager and technical
representatives designated by City. Contracto/s representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
concerning the Work.
Contractor shall copy City on all written conespondence pertaining to the Contract between
Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys.
Notification of Affected Residents/Businesses - Contractor shall be responsible for distribution of the
general information letter of the project to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staff for Contractor
distribution to all residents, business establishments, and institutions fronting on or directly atfected
by the prolect.
Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5) Working Days prior to the beginning of
construction operations in the immediate vicinity. ln addition to the above, Contractor shall be fully
responsible for such other notifications as may be required related to necessary closures of streets,
alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall
apply where the closures and access or parking restrictions required in the performance of any work
under this contract preclude any resident, tenant, or property owner from utilizing the premises or
conducting business thereon in a reasonable and customary manner.
Additional notification to the atfected businesses and residents shall be prepared by the City and
distributed by Contractor for roadway and driveway closures five (5) Working Days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.
ARTICLE 2
PAGE.13 of 87
2.07
2.08
ll a Contractor is unable to adhere to his schedule as indicated on his written notification, then allthe
affected residents and places ol business shall be re-notified of the revised schedule, in writing, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in lhe appropriate
items of the Bid Proposal.
E. Notification ol Utilities - The provisions of Section 5 entitled "Utilities'of the "Greenbook' Standard
Specifications shall apply. Contractor shall contact the Underground Service Alert of Southern
California (U.S.A.) at least two (2) Working Days in advance ot lhe construclion work
INDEPENDENT CONTRACTOR
Contractor in the perlormance of the Work hereunder will be acting in an independent capacity and not as
an agent, employee, partner, or ioint venture of the City.
EMERGENCY WORK
A. During Wo*ing Hourc:
ln case of an emergency which threatens loss or injury of property, and/or salety of life during working
hours, Contractor shall act, without previous inslructions from the City, as the situation may wananl.
He/she shall notity the Director of the emergency and the action taken immediately thereafter. Any
compensation claimed by Contractor, together with substantiating documents in regard to expense,
shall be submined to the Director uthin 15 calendar days after the emergency. Compensation, il
allowed, will be paid for as Extra Work.
B. outside ol Working Hou6:
Whenever, in the opinion of the City, there shall anse outside of the regular Working hours on the
Contnci Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, Contractor shall act, without previous instructions from the City as the situation may warrant.
He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any
compensation claimed by Contractor, together with substantiating documents in regard to expense,
shall be submitted to the Director within 15 calendar days atter the emergency. Compensation, il
allowed, will be paid for as Extra Work. Contractor is to use every effort to relieve the emergency
condition. As a last resort, in order to alleviate the emergency condition only and in the event
Contractor is not able to respond to an emergency outside ol regular working hours, the City's forces
will handle such emergency wo*. ll such emergency arises out of or is the result ol operations by
Contractor, the cost of the corrective measures will be billed to Contractor and deducted lrom his/her
payment as provided in the Contract Documents. The performance of emergency Wok by City
lorces will not relieve Contractor ol any of hiyher responsibilities, obligations, or liabilities under the
Contract.
SUBCONTRACTORS
A. Each subcontract shall contain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. lf, in the Directo/s opinion, the Subcontractor fails
to comply with the requirements of the principal Contract insolar as the same may be applicable to
the Subcontracto/s Work, the Director may disqualily the Subcontractor.
ARTICLE 2
PAGE-14 ol 87
2.09
Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.
Contractor shall be considered the employer ol the Subcontractors and shall be fully responsible
to the City lor the acts and omissions of Sukontractors and of persons employed by them as the
Contractor is tor the acts and omissions of persons directly employed by hirn/her.
Contractor shall be responsible for the coordination ol the trades, Subcontractors, and material
suppliers engaged upon the Work. lt shall be Contractofs duty to see thal all of his/her
Subcontractors commence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or malerials; and that all damage caused by them or their
workers is made good at his/her expense.
The City will not undertake to settle diflerences between Contractor and his/her Subcontractors or
between subcontraclors.
Contractor shall utilize the services of specialty Subcontractors, without additional expense to the
City, on those parts ol the Work which are specilied to be perlormed by specialty contractors.
2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTHACT
Whenever in the opinion of the Director any Wok under the Contract, or any portion(s) thereof, is in a
condition suitable for use by the City, the City may, after written notice and designation trom the
Director to Contractor, use (which includes, but is not limited to, taking over or placing into service)
any portion(s) designated by the Director.
The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work ol Contractor nor will such use trigger the running of any
warranty and/or guarantee periods.
All necessary repairs, renewals, changes, or modilications in the Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of
Contractor, or any olher cause, shall be made at the expense ol Contractor.
The use of any portion(s) by the City shall not relieve Contractor of any of hiyher responsibilities
or liabilities under the Contract nor constitute a waiver by the Cily of any ot the conditions thereot.
Said use shall not cancel liquidated damages as of the first date ol use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.
2.11 COOPERATION WITH OTHEB WOBK FOBCES
City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City personnel may be wo*ing in the vicinity during the project construction period. There may be
some interterence between these activities and the Work under the Contract Documents. The
Contractor shall cooperate and coordinate his/her Work with that ol other Work forces to assure
timely Contract completion.
ARTICLE 2
PAGE.15 ol 87
B.
D.
E.
F
D.
B.
B.
2.12 AGREEMENTS WITH PROPERW OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any
other purpose relaled to the Work shall be made in writing and a copy submitted to the Director for hib/her
information. All storage charges shall be at Contractor's sole expense.
2.13 PROTECTION OF PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contract by Contractor at all times. Should any facility, structure, or property be damaged
during operations of Conkactor, he/she shall immediately notily the ploperty owners or authorities. All
damages and losses incuned shall be paid by Contractor.
2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Contractor shall bear all losses resulting to hirn/her on account ol the amount or character ol the
Wok, or lrom any unloreseen obstructions or difficulties which may be encountered, or from any
encumbrances on the line of the Work, or because the nature of the ground in or on which he Work
is done is dttferent trom what is assumed. Contractor shall bear the risk for any City equipment,
material, or supplies with which he/she has been entrusted.
B. ilaterials and Facilities
Contractor shall be responsible for materials and facilities as hereinarter provided and in the event ol
hidher failure to carry out said responsibilities, the same may be canied out by the City at the
expense of Contractor:
1. Contractor shall be responsible lor any matenals so furnished and for the care of all Work
until ils completion and final acceptance, and he/she shall at his/her own expense replace
damaged or lost materials and repair damaged pans ol the Work.
2. Contractor shall protect City lacilities from damage resulting from hidher Work. City facilities
damaged by, or as a result ol, Contractor's Work under this Contract shall be repaired or
replaced, as directed by the Director, at Contracto/s expense.
3. Contractor shall remove from the vicintty ol the completed Wo* all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction dunng construction. ll Contractor lails to completely remove such items within a
reasonable time the City may do so at Conlracto/s expense.
C. Laws and Regulations
1. Contractor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the malerials used in the Work, or in any way affecting
the conduct ol the Work, and of all courl orders and decrees having any jurisdiction or
authority over the same. lf any discrepancy or inconsistency should be discovered in this
Contract, or in the Drawings or Specifications herein referred to, in relation to any such law,
ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to
the Director.
ARTICLE 2
PA(;E-16 of 87
2.15
2. Contractor shall, at all times, cause all hidher agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in eftect or which may
become ellective before Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such
laws, ordinances, and regulations. ll Contractor ascertains at any time that any requirement of
this Contract is at variance with such applicable law requirement, he/she shall immediately notity
the Director.
4. lf such applicable law requirement was not in eflect on the date of submission ol bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. lf such
applicable law requirement was in etfect on said date ol bid submission, no adjuslment of
Contract price will be considered.
5. Contractor, al his/her own expense, shall pay all taxes properly assessed against hidher
equipment, materials, or property used or required in connection with the Work.
WARRANTY AND CORRECNONS
A. Waranty1. Waffantv. Contractor warants to the City that: (i) materials and equipment lumished under
the Contract will be of good quality and new unless otherwise required or permitted by the
Contract Documents; (iD the Work will be of good quality and free from defects; (iii) the Work
will conform to the requirements of lhe Contract Documents; and (iv) Contractor will deliver
the Poect lree of stop notice claims. Work not conforming to these requirements, including
substitutions not accepted by the City, will be deemed defective. Contractor's warranty
excludes improper or insulficient maintenance, improper operation, or normal wear and tear
and normal usage. lf required by the City, th Contractor shall fumish satisfactory evidence
as to the kind and quality ol materials and Euipment. This wananty is not limited by the
correction obligation of Paragraph 2.04 herein.
2. Overlap. Where any warrantres provided under the Contract Documents overlap, contlict, or
are duplicative, Contractor will be bound by the more stringent requirements.
3. Ptocurement and Assiqnment of Wamnties: Contractor shall obtain in the name of City, or
transfer or assign to City or City's designee pnor to the time ol Final Completion of the Work,
any and all warranties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contractor obtained from any other person oI entity other
than Contractor including, but not limited to, Subcontractors and manulacturers, and further
agrees to perlorm the Work in such a manner so as to preserve any and all such wananties.
Contractor shall secure written warranties from all Subcontractors. Contractor and its
Subcontractors shall offer any warranty upgrades or extensions that are offered by
manufacturers of any equipment or system installed in the Work to the City. Contracior shall
deliver to City all warranty and guarantee documents and policies.
4. SuNival of Wananties: The provisions ol this paragraph 2.15 will survive Contraclo/s
completion of the Work or termination of Contracto/s perlormance ol the Work.
B. C,oEection of Work
ARTICLE 2
PAGE.17 ol 87
2.
1.
4.
5.
Betore or Afler Final Comoletion Contractor shall promptly correct Work rejected by the
City or City's designee, as failing to conform to the requirements ol the Contract
Documents, whether discovered belore or atter Final Completion and whether or not
labricated, installed, or completed. Costs ol correcting such rejected Work, including
additional testrng, inspections, and compensation for the Cig's services and expenses
made necessary thereby, will be at Contractor's expense within the Contract Price.
After Final Comoletion.
(a) ln addition to Contractor's warranty obligations under Paragraph 2.15-A, it, within
one (1) year after the date of Final Completion of the Work or within the time
period established by any applicable special warranty required by the Contract
Documents, any of the Work is found to be nol in accordance with the
requirements of the Contracl Documents, Contractor shall commence correction
or replacement of such Work within forty-eight (48) hours after receipt ol wrinen
notice from the City to do so. Contractor shall perform such corrective work
without charge or cost to the City after Final Completion ot the Work. The City
shall give such notice promptly after discovery ol the condition.
(b) ll Contractor fails to commence correction or replacement of non-conforming
Work within torty-eight (48) hours after receipt of written notice, the City will
proceed to have delects repaired or replaced at the expense of Contractor and
its Pertormance Bond surety, plus fifteen percent (15%) lor the City's overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. ll, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires rmmediate correction or attention
lo prevent further loss to the City or to prevenl interruption ol operations ol the
City, the City may take immediate action, give notice, make such correction, or
provide such anenton and the cost of such correction or attention will be charged
against Contractor. Such action by the City will not relieve Contractor of the
warranties provided in this Article or elsewhere in the Contract Documents.
Bellacement or Removal of Defective or Unauthorized Lyork. Contractor shall remove
from the Site and replace those portions ol the Work which are not in accordance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deduct the costs lrom monies due or to become due to Contractor.
Destruction or Damaoe. ln the event Contractor destroys or damages any construction of
the City or another contractor while correcting or removing Work which is not in
accordance with the requirements of these Contract Documents, Contractor shall bear the
cost of repairing or reconstructing that other construction as well.
No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a
period ol limitation with respect to other obligations which Contractor might have under
the Contract Documents. Establishment of the one-year period tor correction of Work as
described in Paragraph 2.15-8 relates only to the specilic obligation ol Contractor to
correct the Work, and has no relationship to the limitations periods established by statute
for any construction defect or other causes of action.
ARTICLE 2
PAGE-18 of 87
r1
2.16 CLEANING AND ENVIBONMENTAL CONTROLS
Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the
responsibility of Contractor to ensure compliance. Contractor shall do all of the following:
E.
Maintain the Site free ol waste matenals, debris, and rubbish and in a clean and orderly condition;
and Remove waste materials, debris and rubbish from site and dispose off-site legally.
Maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary
sewer overflow arising out ol the Work. Conkactor shall lumish and operate a self-loading motor
sweeper with spray nozzles, as directed by the Director, to maintain the alfected areas in a condition
of cleanliness acceptable to the City at all locations atfected by Contractofs operations. For
purposes of this Paragraph, the affected areas include the proiect Site as well as all haul routes to
and from the project Site and all areas of construction and restoralion which have not been
completed.
Contractor shall take appropriate action to ensure that no dust originates lrom the project Site.
Any equipment or vehicles dnven and/or operated within or adiacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
if introduced to water could be deleterious to aquatic lite.
No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cemenl or concrete or washings thereof, oil or
petroleum products or other organic or earthen material from any construction, or associated activity
or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runofl into waters ol the State. When operations are completed, any excess matenals or debris shall
be removed from the Work area.
2.17 WATER POLLUTION CONTROL
Contractor shall comply with the requirements of Vernon Municipal Code Chapter 21, Article
5 regarding Storm Water controls.
Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre ol
Disturbed Soil.
All construction prolects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to
meet the minimum water quality protection requirements as defined in Table 2-1.
ARTICLE 2
PAGE-19 of 87
A.
B.
D.
B.
Table 2-1
Minimum Water Quality Protection Bequirements for Construction Projects
Category Minimum Requirements Blri'!Ps
1. Sediment Control Sediments generated on the project site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment Control
2. Construction Materials
Control
Construction-related materials, wastes, spills or residues
shall be retained at the proiect site to avoid discharge to
slreets, drainage facilities, receiving waters, or adjacent
Site Management;
l\ilaterial and Waste
lvlanagement
properties by wind or runoff.
Non-storm water runoff from equipment and vehicle washing
and anv other activity shall be contained at the proiect sites.
3. Erosion Control Erosion lrom slopes and channels shall be controlled by
implementing an etfective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion Control
Please refer to the California Stormwater Ouality Association's Conslruction Handbook (available on their website:
www.cabmphandbooks.com) for lurther information regarding the BMPs listed in Table 2-1.
C. Water ouality Protection Requiremenls lor Construction Poiects with one (1) Acre (or
greater) of Disturbed Soil. ln addition to the minimum BlVlPs required in Paragraph A, all
construction proiects where at least one (1) acre of soil will be disturbed, construction activity that
results in land surface disturbances of less than one acre if the activity is part of a larger common
plan of development, or the sale ol one or more acres of disturbed land surface requires the latest
version of the Construction Activities Storm Water General Permit.
Prior to commencement ol construction activities, the Permit Begistration Documents (PRDs) must
be submitted electronically in the Storm Water Multi-Application Reporl Tracking System (SMABTS)
(http://smarts.waterboards.ca.oov/smartyfaces/Swsmartsloqin.isp). PBDs consist ol the Notice of
lntent, Bisk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution
Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP),
and the first annual lee.See: or more
information. A Waste Discharger ldentification (WDID) will be emailed to the LRP atter the PHDs
have been submitted and are deemed complete. Construction activities cannot begin until a WDID is
issued by the State Water Resources Conkol Board. Contractor shall bear the costs of any delays to
the Poject caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a brief description of the project;
2. Contact inlormation for the owner and contractor;
3. The building permit number for the proiect;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
6. A list of best management practices to be used to control pollutant discharges from maior
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selection ol BMPs and their
location where appropriate;
8. Non-storm water discharges, their locations, and the BMPS necessary to prevent the
discharge;
9. A maintenance and seltinspection schedule of the BMPS to determine the etfectiveness
and necessary repairs of the BMPs; and
'10. A certification slalement that all required and selected BMPs will be effectively
implemented.
ARTICLE 2
PAGE-2o ol 87
Within seven (7) days after the City awards the Contract, Contractor shall submit seven (7) copies of
the proposed SWPPP to the City. The City shall review the SWPPP within 14 days ol receipt of the
plan. lf revisions are required, Contractor shall revise and re-submit the documeni within seven (7)
days ol its receipt of the City's comments. The City shall then have seven (7) days to consider the
revisions made by Contractor and approve the SWPPP.
Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Poect site. The SWPPP shall be made available upon request of a representative ol the Los
Angeles Regional Water Ouality Control Board (LAHWQCB) or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the
City.
D. Best Management Practices
The objective ol the SWPPP is to identily potential sources of pollution that may reasonably attect
the quality ol storm water discharge associated with construction activities. The plan will describe
and ensure the implementation ol Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. Contractor shall select appropriate BMPs
from the Calilornia Stormwaier BMP Handbook, Municipal, lndustrial, New Development, and Construction
Volumes (www.cabmohandbooks.com) in coniunction with all activities and construclion operations.
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association Cashier
P.O. Box 2105,
Menlo Park, CA 94026-2105
Phone: (650)366-1042
E-mail: info@casqa.org
www.cabmohandbooks.com
E. lmplementation
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
Contractor will be responsible throughout the duration of the Poect for the installation,
monitoring, inspeclion and mainlenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPS. Contractor may be required to implement additional BMPs as a
result ol changes in actualfield conditions, contractor's activities, or construction operations.
Contractor shall demonstrale the ability and preparedness to fully deploy these SWPPP control
measures to protect soildisturbed areas of the project site before the onset of precipitation and
shall maintain a detailed plan for the mobilization of sutficient labor and equipment to fully deploy
these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be lully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. Contractor shall monitor daily weather forecasls. lf precipitation is predicted
prior to the end of the lollowing Work Day, construction scheduling shall be modified, as required,
and Contraclor shall deploy functioning control measures prior to the onset ol the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
Contractor fails to conform to the requirements of this Paragraph 2. 17. Unless otheMise directed
ARTICLE 2
PAGE.21 of 87
F.
H.
by the City, Contracto/s responsibility tor SWPPP implementation shall continue throughout any
temporary suspension of the Work.
Sewage Spill Prevention. Contractor's attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2012 edition of the 'Greenboor Standard
Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently
amended.
Contractor shall exercise extraordinary care to prevent the cause ol events that may lead to a
sewage spill. ln the event of a sewage spill, Contractor shall make arrangemenls for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the proiect site.
Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. ln addition, Contractor is responsible for any
lines, penalties and liabilities arising lrom negligently causing a sewage spill. Any utility that is
damaged by contractor shall be immediately repaired at Contractofs expense. The
Contractor shall take all measures necessary to prevent lurther damage or service interruption and
to contain and clean up the sewage spills.
Sewage Spill Telephone Notitication
Should a sewage spill occur, Contractor shall immediately report the incident to either one ol these
two City Departments:
Sewer Maintenance Services Citv of Vernon Conkol Center
(323) 826-1461
Fire Department Dispatch Center 911
Conkactor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Proiect Managers and lnspectors. However, il these City
representalives are not available, then Contractor shall immediately call:
Vince Bodriquez, Proiect Manaoer (323) 855-2292
Sewage Spill Written Noiilication
Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occurrence ot a spill to the City. This report shall describe all ol the following:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type ol remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
ARTICLE 2
PAGE-z2 ol 87
(:.
7. The water body impacted and results of necessary monitoring
Enlorcemenl
The City is subject to enforcement actions by the LARWoCB, U.S. EPA, environmental groups and
private citizens. Contractor shall indemnify, defend and hold City, its otlicers, agents and
employees harmless lrom Contraclo/s failure to comply and/or fullill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result ol Contractor's lailure to comply and/or lulfill the requirements set forlh in this Paragraph
2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whethet
assessed against the City or Contractor.
ln addition to any remedy authorized by law, any money due to Contractor under this contract shall
be retained by the City until all costs and liabilities imposed by law against the City or Contractor
have been satisfied.
Mainlenance
Contractor shall ensure the proper implementation and lunctioning ol BMP control measures
and shall regularly inspect and maintain the construction site for the BMPS identilied in the
SWPPP. Contractor shall identify corrective actions and time lrames in order to properly address
any damaged measure, or reinitiate any BMPs that have been discontinued.
ll the City identifies a deficiency in the deployment or functioning ol identilied control measures, the
deficiency shall be corrected by Contractor immediately or by a later date and time il agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
K. Payment
All costs involved in the implementation ot the SWPPP, including fumishing all labor, materials,
tools, equipment and all incidentals; and lor doing all the wo* involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part ol another structure, shall be included in the unit prices bid for the vanous related items of
work and no additional compensation will be made therefor.
2.18 SOLID WASTE DISPOSAL AND DIVERSION
Contraclor shall submit to the Director the following summary ol solid waste generated by the Work,
disposed in Class lll landtills, or diverted lrom disposal through recycling. Report disposal in inert lill
separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
specifically identify the project generating the material. Said documents must be from recyclers and/or
disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the applicalion for progress payment incomplete and delay progress payments.
ARTICLE 2
PA(;E-23 ol 87
J,
TITLE:
DATE:
2.19
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Specification No.
RECYCLED. REUSABLE AND RECYCLABLE PRODUCTS
Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those
items should be clearly identified. The City may require further information or documentation to ascertain the
suitability/appropriateness of a proposed product.
IEND OF ARTTCLEI
ARTICLE 2
PAGE-24 ol87
to be submitted to the City
Tpe of Material (a)
Disposed in Class lll Landfills
(b)
Diverted lrom Class lll
Landlills bv Recvclino
(c)
[Leave This Column Blank]
(d)
Disposed in lneil Fills
TonYCY TonYCY Tons/CY TongCY
Asphatt
Concrete
Metal
uner segregaleo MalenaB
(Oescdbe):
Mscelhneous uonstructon
Waste
Tota
3.01
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION
COMMENCEMENT. PROSECUTION. AND COMPLETION OF WORK
A. Notice to Proceed
Contractor is not authorized to perform any Work the Contract Documents until he/she has received
from the City an ofticial notification to commence Work. The date on which the notilication is received
by Contractor is herein refened to as the Notice to Proceed. Contractor shall commence Work on the
Date ol Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall
be issued alter the Contract is propedy executed, bonds are lumished and approved, and insurance
has been submitted and approved.
B. Prosecution of the Work
Work shall be continued at all times with such force and Euipment as will be sufficient to complete it
within the specilied time. Contractor expressly proposes that hdshe has taken into consideration and
made allowances lor all ordinary delays and hindrances to the Work to be performed and that hdshe
will complete the Work within the specilied time.
C. Required Contract Complelion
Time is ol the essence in the completion of this Contract. The Work shall be completed in its entirety
and made ready for service within 365 calendar days lollowing the Date of Commencemenl
established in the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor
confirms that the Contract Time is a reasonable period lor perlorming the Work.
CITY'S DISCREnON TO EXTEND CONTRACT TIME
ln the event the Work required hereunder is not satislactorily completed in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discrelion, to increase the number of Working Days or
not, as may seem best to serue the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide lo increase the number of Working Days.
SUBSTANTIAL COMPLETION
A. Conlractor Request tor lnspection and Punch List
When Contractor considers that it has achieved Substantial Completion ol the Work, or designated
po(ion thereof, Contractor shall prepare and submit to the Director a request lor inspection and a
comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to
include an item on such punch list does not alter the responsibility of Contractor to complete all
Work in accordance with the Contract Documents.
B. City lnspection
Upon receipt of Contractor's punch list, the Director will make an inspection to determine whether
the Work or designated portion thereof is Substantially Complete. ll the inspection discloses any
item, whether or not included on Contracto/s punch list, which is not sutficiently complete in
accordance with the Contract Documents so that the City can occupy or utilize lhe Work or
ARTICLE J
PAGE-25 of 87
3.02
3.03
designated portion thereof for its intended use, Contractor shall, before City's issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by City.
Contractor shall then submit a request for another inspection by City to determine Substantial
Completion.
C. Certilicate ot Substantial Completion
When the Work or designated portion thereof is substantially complete, the Director will prepare a
Certilicate of Substantial Completion which shall establish the date ol Substantial Completion, shall
establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to
the Wo*, and insurance, and shall fix the time within which Contractor shall finish all items on
Contractor's punch list accompanying the Cenificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all wa(anty and guarantee documents and policies.
DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOB
A. Contractor shall take reasonable precautions to loresee and prevent delays to the Work. ln the
event of any delay to the Work, Contractor shall revise his/her sequence ol operations, to the
extent possible under the terms of the Contract, to olfset the delay.
B. ll any delay to the Work is caused by circumstances within Contracto/s control, it is not excusable
and not compensable, and Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom.
C. lf any delay having a direct ellect on the Work is caused by circumstances beyond the control of
Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be
excusable and may entitle Contraclor to an equivalent extension of time, but not to any other
compensation. Excusable but not compensable causes include but aIe not limited to labor
disputes, weather conditions unfavorable for prosecution ol the Work, and lorce majeure.
D. lf any delay having a direct etfect on the Work is caused by lailure of the City to provide information
as specilied, or necessary instructions for carrying on the Work, or to plovide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing lacility such delay
may be compensable and may entitle Contractor to an equivalent extension ol tlme, and to
compensation for damages resulting directly lrom any of the causes ol delay specified in this
paragraph.
E. Contractor shall notify the Director in writing of any delay having a direct effect on the Wok and the
causes thereof within 15 days from the beginning of such delay.
F. Any claim for an exlension ol time or for compensation for damages resulting from delay shall be
made in writing to the Director nol more than 30 days after the ending of such delay. Conlractor
shall provide a written report evaluating the impact of the delay which shall include, at a minimum,
all of the following:
1. a narrative description ol the delay and its impact on the critical path to Substantial Completion of
the Work or a portion ol the Work designated by City;
2. a detailed breakdown ol the Allowable Costs, il any, sought by Contractor due to the delay;
ARTICLE 3
PAGE-26 of 87
3.05
3. the number of days ol exlension sought by Contractor as an adjustment to the Contract time;
4. a statement that Contractor has complied with the rEuirements of the General Conditions for
wntten notice of delays, along with the dates and copies of such notices;
5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and
6. the Contacto/s recommendations lor reordering or re-sequencing the Work to avoid or minimize
further delay.
No extension ol time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion ol the Work lor which a time of completion is specified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
H. Failure of Contractor to give written notice ol a delay, or to submit or document a claim for an
exlension of time or for damages resulting lrom delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
l. When a Contractor expefiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension ol time will be allowed.
i. An extension of time must be approved by the Director to be etfective, but an extension of time
whether wilh or without consent ol the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge ol the Contract.
CLIMATIC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resulting lrom
inclement weather are unfavorable for the prosecution ot the Work. The delay caused by such
suspension may entitle Contractor to an exlension of time but not to any olher compensation.
B. lf Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may
request such suspension. The delay caused by such suspension may entitle Contraclor to an
extension of time but not to any other compensation.
C. No extension ol time will be granted for suspension ol Work unless the suspension affects the
timely completion of all Work under the Contract or the timely completion of a portion of the Work
for which a time ol completion is specified. Determination that the suspension lor inclement
weather conditions or conditions resulting from inclement weather atlects timely completion and
entitles Contractor to an extension ol time shall be made and agreed to in writing by the Director
and Contractor on each day that Work is suspended. ln the event ol failure to agree, Contractor
may protest under the provisions of Pa.a$aph7.07.
D. ll Work is suspended and an extension of time is granted under this Paragraph 3.05, Contractor
will be enlitled to a one day extension of time for each day that he/she is unable to Work at least
one-half ol his/her cunent normal Work Day; and if lhe Work is suspended at the regular starting
time on any Work Day and Contracto/s Workforce is dismissed as a result thereof, then he/she will
ARTICLE 3
PAGE-27 ol 87
3.07
be entitled to a one Work Day extension of time whether or not conditions change thereafter and
the major portion of the day is suitable for Work.
COMPLETION AND ACCEPTANCE
A, Upon request by Contractor, the Director shall conduct a final inspection ol the Work. lf, in the
Directo/s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a
"Notice of Completion" of the Work to Contractor. Upon the issuance ol the Notice of Completion,
Contractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of
Completion with the County Recorder.
LIOUIDATED DAMAGES
A. Contractor and City agree to liquidate damages in the amount of five hundred dollars ($500) per
day, with respect to Contracto/s non-completion of the monthly Routine Maintenance-lnspection
and Cleaning work for each day past the linst seven (7) working days of each month. !n addition,
the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1(X).00
for each hour late when responding to emergency situations. The Parties intend for the
liquidated damages set forth herein to apply to this Contract as set forth in Govemment Code Section
53069,85. Contractor acknowledges and agrees that the liquidated damages are intended to
compensate City solely lor Contracto/s failure to meet the deadline for Substantial Completion and
shall not excuse Contractor from liability from any other breach, including any failure ol the Work to
conform to the requirements of the Contract Documents.
B. ln the event that Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day
that Substantial Completion is delayed.
C. Conlractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completion of the Woft.
Contractor and City acknowledge and agree that the amount of such damages are impossible to
ascertain as of the etfective date hereof and have agreed to such liquidated damages to fix City's
damages and to avoid later disputes. lt is understood and agreed by Contractor that liquidated
damages payable pursuant to this Agreement are not a penalty and that such amount are not
manifestly unreasonable under the circumstances existing as of the effective date of this Agreement.
D. lt 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. ln the event the remaining unpaid Contract Sum is insufficient
to cover the full amount of liquidated damages. Contractor shall pay the diflerence to City.
ARTICLE 3
PAGE-28 ol87
IEND OF ARTTCLEI
ARTICLE 4. CONSTRUCTION SCHEDULES
BASELINE PROJECT SCHEDULE
Contractor shall submit hiyher work Baseline Project Schedule, in electronic as well as hard.copy format, to
the Director at the pre-construction meeting showing in detail how Contractor plans to execute and coordinate
the Wok. The construction schedule shall show the sequence of work, critical path and estimated time for
completion of each segment of work. This schedule must be reviewed and accepted by the Director betore
Contractor will be permitled to begin work. ln addition, Contractor shall submit a detailed schedule forecasting
two (2) weeks of work describing each day's work. This schedule shall be updated and submitted to the City
every other Monday dunng the construction penod. Contractor shall give 48 hours notice to the City Engineer
prior to the start of the work.
1.At a minimum, the Baseline Project &hedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Prgect Schedule shall be based on and
incorporate contract milestone and completion dates specified in the Contract Documents. lt
shall depict events, jobs, and their interrelationships and shall recognize the progress that must
be made on one task before subsequent tasks can begin. The schedule shall be comprehensive
and shall include all logical interdependencies and interactions required lo pedorm the Work of
the Project.
overall time of completion and time ol completion for each milestone shown on the Schedule
shall adhere to the specitied Contract Tlme, unless an earlier (advanced) time ol completion is
requested by Contractor, agreed to by the City and lormalized by Change Order.
Contractor shall use the latest version of Microsott Project or equivalent soltware agreed to by
the parties.
City will review the submitted Baseline Prqect Schedule lor conformance with these scheduling
requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed
Baseline Project Schedule or will return it with comments. lf the proposed Baseline Project
Schedule is accepted by the City, it shall be deemed part ol the Contract Documents. lf the
Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project
Schedule, in accordance with the recommendations o{ the City, and re-submit same lor
acceptance, no later than seven (7) calendar days atter receipt of said recommendation.
Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for
accomplishing the Work in accordance with the Contract Documents.
Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the mrlestones and/or time of complelion. All other Work activities are
defined as non-cntical Work activities and are considered to have float. Float is defined as the
time that a non-critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
ARTICLE 4
GC.29 ol 87
4.
B.
available to either pany or both parties as needed. Once identified, Contracior shall monitor,
account for, and maintain float in accordance with Cntical Path Methodology.
2. Delays of any non+ritical Work shall not be the basis for an extension of Contract Time untilthe
delays consume all float associated wrth that non-critical Work activity and cause the Work
activity to become cntical.
3. lt is acknowledged that Cityraused time savings (i.e., critical path submittal reviews retumed in
less time than allowed by the Contract Documenls, approval of substitution requests which result
in a savings of time for Contractor, etc.) create shared float. Accordingly, City+aused delays
may be oftset by City-caused time savings.
C. Early Completion
While Contractor may schedule completion of the Poect earlier than the date established by the
Contract Documents, no additional compensation shall become due Contractor for the use of float
time between Contractor's projected early completion date and the date for Substantial Completion
established by the Contract Documents, unless an earlier (advanced)time of completion is requested
by Contractor, agreed to by the City, and formalized by Change order.
4.T2 SCHEDULEUPDATES
With each Application {or Payment submitted by Contractor (other than the final Application lor
Payment), Contractor shall submit to the City an updated Poect Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, corrective actions taken, or
slippage carry-over, for all anticipated delays or ditficulties, and all other inlormation required to
accurately present the actual status of the progress ol the Work as of the date of the Application lor
Payment. lt Contractor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is
submitted. ln the event that an update to the Prolect Schedule indicates a delay to the Contract Time
Contractor shall propose an allirmative plan to correct each such delay, including overtime and/or
additional labor, it necessary. ln no event shall any Project Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authorized pursuant to Change Order or Work Directive.
At no time shall historical data contained within the updated Project Schedule (i.e. completed
activities) be removed and/or altered in any way. This historical data is to be preserved within each of
the updated ProJect Schedules and submitted with the tinal schedule update to rellect the actual start
and linish dates lor each activity within the Schedule.
Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. ln cases where unplanned activity
work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to
clearly indicate the work stoppage period and identify forecasted resumption and completion of the
activity where work has stopped. Contractor shall clearly note all schedule revisions when Project
Schedule updates are submitted, as required in this Paragraph 4.02 above.
NONCOMPENSABLE EXTRAORDINARY MEASURES
B.
Should the City determine, in its sole Judgment, that the performance ol the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order
ARTICLE 4
GC-30 ol 87
4.03
A.
Contractor to take conective measures to expedite the progress of construction, at no additional cost
to the City, including, without limitation, the following:
1. Working additional shifts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize practical concurrence of accomplishment of activities.
4. Submitting a Recovery Schedule discussed above, lor resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind
schedule and/or reaches the stage of completion required by the Contract Documents. Contractor
shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any
such Extraordinary Measures required by the City under this Paragraph. The City may exercise the
rights fumished the City pursuant to this Paragraph as frequently as the City deems necessary to
ensure that Contracto/s perlormance of the Work will comply with the Contract Time or interim
completion dates set forth in the Contract Documents. lf Contractor or its Subcontractors fail to
implement or commence Extraordinary Measures within ten (10) calendar days of City's written
demand, City may, without prqudice to other remedies, take conective action at the expense of
Contractor which shall reduce the Contract Sum accordingly.
CONDITION OF PAYMENT
Compliance by Contractor with the requirements of the Contract Documents peftaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City's obligation to make
payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such
noncompliance. Payment by City under circumstances in which City, lor any reason, lails or elects not to
assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver
of the right to withhold future payments on account of such noncompliance or any other noncompliance.
IEND OF ARTTCLEI
ARTICLE4
GC-31 of 87
5.01
ABTICLE 5. SUSPENSION OR TEBMINATION OF CONTBACT
TERMINAIION BY CONTRACTOR
A. Contractor shall have the right to terminate its performance ol the Contract only upon the occurence
ol one ol the following:
1. The Work is stopped for a period ol ninety (90) consecutive days through no act or fault ot
Contractor, any Subcontractor, Sub.subcontractor, their agents or employees, or any other
persons or entities performing portions ol the Work under direct or indirect contract with
Contractor, due to:
a. the issuance ol an order ol a court or olher public authority having jurisdiction; or
b. an act ol govemment, such as a declaration of national emergency making
matedal unavailable;
and Contractor has given City writlen notice within ten (10) Working Days ol the occurrence of
such ground lor termination, then Contractor may, upon thirty (30) additional calendar days
wntten notice to City, unless the reason has theretolore been cured, teminate its perlormance of
the Work.
2. The Work is stopped for a period of 120 consecutive days through no act or lault of Contractor,
any Subcontractor, Sub-subcontractor, their agents or employees, or any other peBons or
entities perlorming portions ol the Wok under direct or indirect contract with Contractor, because
the City has persistently lailed to perform any material obligation under the Contract Documents
and fails to cure such default within ninety (90) days after the receipt ol notice lrom Contractor
stating the nature of such default.
B. lt Contractor terminates rts perlormance ol the Contract in accordance with this Paragraph 5.01, the
City shall pay Contraclor lor the Work executed through the date of termination as set forth in
Paragraph 5.04-C below.
TERMNANON BY THE CITY FOR CAUSE
A. Grounds
City shall have the right to terminate Contractor's perlormance of the Contract, in whole or in part,
without liability to City if:
1. Contractor Iails promptly to begin the Work under the Contract Documents; or
2. Contractor refuses or fails to supply enough propedy skilled workers or proper matenals; or
3. Contractor lails to perform the Work in accordance with the Contract Documenls, including
conforming to applicable standards set forth therein in constructing the Project, or refuses to
remove and replace reiected materials or unacceptable Work; or
4. Contractor discontinues the prosecution ol the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
ARTICLE 5
cC.32 ol 87
5.02
5. Contractor fails to resume perlomance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City to do so or (if applicable) after cessation ol the
event preventing performance; or
6. Any representation or warranty made by Contractor in the Contract Documents or any certificate,
schedule, instrumenl, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor fails to make payment to Subcontractors or Material Suppliers lor materials or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders ol a public authority
having jurisdiction; or
9. Contractor is guilty of breach of a provision of the Contract Documents; or
10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails to provide City with adequate assumnces ol Contracto/s ability to
satisfy its contractual obligations.
A receiver, trustee, or other ludicial ofticer shall not have any right, title, or interest in or to the
Contract. Upon that peson's appointment, City has, at ils option and sole discretion, the right to
immediately cancelthe Contract and declare it null and void.
B. City's Rights.
When any of the reasons specilied in Paragraph 5.02-A exist, City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving Contractor live (5) Working Days
written notice, terminate Contracto/s performance of the Work, in whole or in part, and may:
1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by Contractor;
2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against
damages or losses incuned by City;
3. Accept assignment of subcontracts lrom Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request ol Contractor, the City shall lurnish to Contractor a detailed accounting of the costs
incuned by the City in finishing the Work.
C. Costs
ll City's costs to complete and damages incurred due to Contracto/s delault exceed the unpaid
Contract balance, Contractor shall pay the difference to the City.
D. Wrongful Termination
ll it has been adjudicaled or otherwise determined that City has wrongfully terminated Contractor for
cause, then said termination shall be deemed converted to a termination for convenience as set forth
ARTICLE 5
cC.33 ol 87
5.03
in Paragraph 5.04 and Contracto/s remedy lor wrongful termination in such event shall be limited to
the recovery of the payments permitted for terminatron for convenience as set forth in Paragraph
5.04,
PAHTIAL OELETION OR SUSPENSION OF WOBK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the
Contract Documents shall be deleted or performance suspended without electing to terminate
Contracto/s perlormance under the Conlract and without any penalty being incurred by the City.
B. Any such partial deletion or suspension ol the Work shall in no way void or invalidate the Contract
nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or
suspended except to the extent such Work has akeady been performed and is otherwise
compensable under the Contract.
C. City shall have the nght to later have any such suspended or deleted Work performed by Contractor
or others without any penalty to the City.
D. ln the event of any partial or complete deletion or suspension ol Work, the City shall lumish
Contractor with prompt wfltten notice thereof, and the City shall be entitled to take possession of and
have as its property all Record Documents, Accounting Records, and other data prepared by
Contractor or its Subcontractors.
E. Suspension for Convenience.
1. City may at any time and lrom time to time, without cause, order Contractor, in writing, to
suspend, delay, or interrupt the Wod( in whole or in part for such period of time as the City may
determine. Such order shall be specifically identilied as a'Work Suspension Directive' under
this Section.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City's expense, comply
with its terms and take all reasonable steps to minimize costs allocable to the Work covered by
the Work Suspension Directive during the period of Work stoppage.
3. Within the period of suspension, or such extension to that penod as is agreed upon by Contractor
and the City, the City shall erlher cancel the Work Suspension Directive or delete the Work
covered by such Work Suspension Directive by issuing a Change Order or Construction Change
Directive.
4. ll a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall
be made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause lor which Contractor is responsible; or
(b) That an equitable adiustment is made or denied under another provision of the Contract.
ARTICLE 5
(;C-34 ol 87
F. Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City
for Contractor's failure to:
1. Conect conditions unsafe for the Project personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Contractor During Suspension Periods
During periods that Work is suspended, Contractor shall continue to be responsible lor the Work and
shall prevent damage or injury to the Poect, provide lor drainage, and shall erect necessary
temporary structures, signs or other facilities required to maintain the Project and continue to pertorm
according to the Contract Documents.
5.04 TERMINATION BYTHE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason ol any default by Contraclor hereunder,
City may teminate Contractor's per{ormance ol the Contract, in whole or in parl, at any time, for
convenience upon {ifteen (15)Working Days written notice to Contractor.
B. Contractor Actions
Upon receipt of such notice, Contractor shall perlorm the duties required by Paragraph 5.05 below.
At the election of and as directed by the City, any or all ol the subcontracts and purchase orders
entered in to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.
C. Compensation
1. lf the Parlies are unable to agree on the amount ol a termination settlement, the City shall pay
Contractor the following amounts:
a. For Work performed belore the etfective date ol termination, the total (without duplication ol
any items) ot:
i. The cost of the Wok; and
ii. A sum, as overhead and prolit on the cost of the Woft, determined by the C[y to
be fair and reasonable. ln no event shall Contractor be entitled to recover
overhead or profit on Work not perlormed.
b. The reasonable costs of settlement ol the Work terminated, including:
i. Accounting, clerical, and other expenses reasonably necessary for lhe preparation
of termination settlement proposals and supporting data, if any; and
ARTICLE 5
GC-35 ol 87
ii. Storage, transportation, and other costs reasonably necessary lor the preservation,
protection, or disposition of inventory.
2. Such payment shall be Contracto/s exclusive remedy {or termination for convenience and will be
due and payable on the same conditions as set torth for final payment to the extent applicable.
Upon receipt ol such payment, Contractor and City shall have no lurther obligations to each other
except for Contracto/s obligations with respect to warranlies, representations, indemnity,
maintenance of insurance, and other obligations that survive termination or Final Completion as
provided for herein.
3. lt is understood and agreed that no fee, anticipated profit, compensation for lost opportunity
costs, or other compensalion or paymenl of any kind or character shall be due or payable for
unperformed Work regardless of the basis of termination and the inclusion of this provision within
this subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of its subcontracts will reserve lor Contractor the same right ol
termination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Contractor be entitled to anticipatory or uneamed prolits or
consequenlial or other damages as a result of a termination or partial termination under this Article 5.
The payment to Contractor determined in accordance with this Article constitutes Contracto/s
exclusive remedy for a termination hereunder.
CONTRACTOR'S DUNES UPON TERMINATION FOR CAUSE OR CONVENIENCE
ll City terminates Contracto/s performance ol Work under the Contract, for cause or convenience or il
Contractor terminates a Subcontractor with the City's approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabililies, as directed by City;
(4) trans{er title and deliver to City Work in progress, specialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
Contraclor and/or its Subcontractors, as applicable, to the City with lifteen (15) calendar days after the City's
notice of termination in an organized, usable form, in both hard copy and electroniddigital form, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except lor Work directed by City to be perlormed prior to the effective date of termination stated in the
notice, incur no lurther costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contractor, if any, until Contractor complies with the rEuirements of this
Paragraph.
ARTICLE 5
GL^.36 ol 87
IEND OF ARTICLE]
5.05
ABTICLE 6 - CHANGES
CITY'S RIGHT TO OBDEB CHANGES
City, without invalidating the Contract, may authorize changes in the Work consisting of additions,
deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Work shall be authorized by Change Order or Construction Change
Directive and Contractor shall perform such changes in the Work according to the applicable requirements
ol the Contract Documents.
APPLICABLE PBOVISIONS
Changes in the Work shall be perlormed under applicable provisions of the Contract Documents.
Contractor shall proceed promptly and diligently wilh the change, unless otheMise provided in the Change
Order or Conslruction Change Directive. lt is of the essence to this Contract that all scope changes in lhe
Work that form the basis ol an adjustment of the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the
Contract Sum or the Contract Time shall be accomplished only by Change order or Construction Change
Directive. Accordingly, no verbal directions, course ol conduct or dealings between the Parties, express or
implied acceptance ol alterations or additions to the Work, or claim that the Contract has been abandoned
or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any
claim tor an increase in any amounts due under the Contract Documents or a change in any time period
provided in the Contracl Documents.
NOTICE OF SCOPE CHANGE
Contractor shall submit wntten notice of any change in scope to the Director if, in Conlractor's opinion, any
instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs
that Contractor believes constitutes a scope change or other matler resulting in Extra Work, for which
Contractor believes it is entitled to an adjustment ol the Contract Sum or Contract Time. Such notice shall
be provided prior lo perlormance ol the Work aflected by such occunence and within seven (7) Working
Days after the discovery date ol the circumstances ol such scope change or other matters. The wntten
notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if
any, requested. The mere presenlalion ol such notice shall not establish the existence ol any right by
Contractor to adlustment of the Contract Sum or Contract Time. Failure to provide such timely wrinen notice
described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum
or Contract Time on account thereot.
CHANGE ORDERS
A. Computation
Methods used in determining adiustments to the Contract Sum by Change Order may include
those listed in Paragraph 6.06 below.
B. Accord and Satisfaction
Agreement on any Change Order shall be a lull compromise and settlement of all adiustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home otlice overhead, disruption, acceleration, inefficiencies, lost labor or equipment
ARTICLE 6
GC.37 ot 87
6.01
6.03
productivity, differing Site conditions, construction inlerlerences and olher extraordinary or
consequential damages (hereinafter called "lmpacts"), including any ripple or cumulative etfecls ol
said lmpacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution ol any Change Order,
Contractor agrees that the Change order constituies a complete accord and satisfaction with
respect to all claims tor schedule exlension, lmpacts, or any costs of whatever nature, character or
kind arising out of or incidental to the Change Order. No action, conduct, omission, product lailure
or course of dealing by the City shall act to waive, modity, change, or alter the requirement that (i)
Change orde/s must be in wriling, signed by the City and Contractor and; (ii) that such wrinen
Change Orders are the exclusive method lor effectuating any change to the Contract Sum and/or
Contract Time.
CONSTRUCTION CHANGE DIBECTIVE (FIELD DIBECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms ol a
Change Order. The City may by Construction Change Directive, withoul invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting ol additions,
deletion, or other revisions, the Contract Sum and Contlact Time being adjusted accordingly.
B. lf the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the
Work).
C. Upon receipt of the Construction Change Directive, Contractor shall promptly proceed with the
change in the Work involved and advise the City of Contractor's agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adiustment in the Contract Sum or Contract Time.
D. lt Contractor believes a Construction Change Directive constitutes a basis lor adjustment to the
Contract Sum or Contract Time, then Contractor shall give a Notice ol Scope Change provided in
Paragraph 6.03, lollowed by a submission ol a Change Order Request as required by Paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directive or in a
subsequent Construction Change Directive, proceed with the performance of the Work as
described in the Construction Change Directive. Failure of Contractor to proceed with the
performance of Work, as described in the Construction Change Directive shall give lhe City the
right to carry out the Work, as set lonh in Paragraph 2.05.
E. A Construction Change Directive signed by Contractor indicates Contracto/s agreement therewith,
including adiustment in Contract Sum and Contract Time or the method for determining them.
Such agreement shall be eflective immediately and shall be recorded as a Change order.
F. lf Contractor does not respond promptly or disagrees with the method for adiustment in the
Contract Sum, the method and the adlustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work anributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with
Paragraph 6.06(E) herein.
ARTICLE 6
cC-38 ol 87
6.05
6.06 PRICING CHANGES IN THE WORK
Alternative Methods ol Pricing
The amount of any adjuslment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following methods. (Sections 3-2.2.2 and 3-2.2.3 of the Standard Specifications for Public Works
Construction ('Greenbook') shall not be applied to this Contract)
L Lump Sum. By mutual acceptance ol a lump sum proposal from Contractor properly itemized
and supported by sutticient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-
Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms ol any provision of the Contract Documents.
Unit Prices. By unit prices contained in Contractor's original Bid and incorporated in the
Contract Documents or lixed by subsequent agreement between City and Contractor. Unless
otheMise stated in the Bidding Documents, unit pfices stated in the Contract Documents or
agreed upon by the County and Contractor shall be deemed to include and encompass all
Allowable Markups.
Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark-Ups on such Allowable Costs.
Deletion of Work. The calculation when usrng the Schedule of Values for the deletion of work
consists of calculating the value of the decrease of the Contract Sum, less the value of any
Work performed, plus a reasonable percentage of the decrease for Contracto/s saved
overhead (unless the Schedule of Values allocates general conditions costs to individual line
items, in which case no percentage of the decrease shall be added). When a change consists
ol both addition and deletion of Work, the added costs and deleted costs shall be calculated
separately, and then added together, resulting in the net cost lor the change.
Contractor Maintenance of Daily Records for Changes
1. ln the event that Contractor is directed to perlorm any Extra Work, or should Contractor
encounter conditions which Contractor believes would obligale the City to adiust the Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records.
Such records shall include without limitation:
a. Labor. At the close ol each day on which such Extra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Director, to Director
that sets lorth a list of the actual hours spent in perlorming the Extra Work, that
clearly differentiates between the labor expended on the Extra Work and other Work,
and the Allowable Cosls for such Extra Work perlormed that day showing the names
ol workers, their classificatlons, hours worked and hourly rates.
b. Matenals. Equipment. A list of Allowable Costs of malerials and equipment
consumed in the perlormance of the Extra Work on the day on which such Extra
Work is performed, together with copies ol applicable delivery tickets and unit prices
for all materials and for all equipment used the type of equipment, identification
ARTICLE 6
GC-39 ot 87
4.
B.
(,.
number, hours of operation (including loading and transportation) and hourly/daily
rates involved for that day.
c. other Services or Exoenditures. A list of other services and expenditures constituting
Allowable Costs incurred in perlormance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
2. ln the event that more than one change to the Work is perlormed by Contractor in a calendar
day, Contractor shall maintain separate records of labor, construction equipment, materials,
and equipment tor each such change. ln the event that any Subcontractor of any tier shall
provide or perform any portion ol any change to the Work, Contractor shall require that each
such Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contracto/s representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records maintained
by Subcontractors of any lier, relating to the costs of a change in the Work shall be signed by
such Subcontracto/s authorized prolect manager or superintendent.
All such records shall be lorwarded to the Director on the day the Work is performed (same
day) lor independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis. Hecords not available on the day on which the Extra Work is
perlormed, such as, but not limited to, material invoices, shall be submitted as soon as they
are available but not later than five (5) calendar days after the earlier ol the day of delivery or
incorporation of the particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and matenal lickets and
invoices by persons designated by the Director for such purpose. ln the event that Contractor
shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on
account of any change to the Work may be deemed waived for that day. Contractor's
obligation to maintain back-up records hereunder is in addition to, and not in lieu ol, any other
Contractor obligation under the Contract Documents with respect to changes to the Work.
5. Waiver bv Contractor. Failure to submit such recorG as are required by this Paragraph daily
shall waive any rights for recovery ol Allowable Costs incurred lor Extra Work perlormed that
day. The failure of Contractor to secure any Iequired authentication shall, if the City elects in
its sole discretron to treat it as such, constitute a waiver by Contractor ol any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion ol the Extra Work
covered by such non-authenticated ticket or invoice.
Allowable Costs
The term'Allowable Costs'shall mean in the case ol Extra Work actual costs incurred by
Contractor and/or any Subcontractor, regardless ol tier, and necessarily involved in direct
perlormance of the Extra Work, or in the case of deleted work the actual costs that would have
been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless ol
tier, and shall be limited to the following costs:
ARTICLE 6
GC-40 ol 87
1.Labor. Straight-time wages or salaries, and overtime wages and salaries specifically
authorized by City in writing, lor employees employed at the site, or at fabflcation sites off the
site, in the direct performance of the Extra Work or that would have been incurred in the direct
performance of the deleted work, based on the actual cost for wages prevailing locally for each
craft or type ol workers at the time the Extra Work is done or the deleted work is ordered
eliminated. Labor costs lor equipment operators and helpers shall be reported only when such
costs are not included in the invoice for equipment rental. The use ol labor classification which
would increase the Allowable Cost for Extra Work will not be permined unless Contractor
establishes the necessity for such additional costs.
Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship
funds and benefits required by lawtul collective bargaining agreements for employees on
straight-time wages or salanes, and on overlrme wages and salaries specifically authorized by
City in writing, for employees employed at the site, or at fabrication sites otf the site, in the
direct performance of the Extra Work or that would have been incurred in the direct
perlormance ol the deleted work.
Materials. Consumables. Costs of materials and consumable items which are furnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleled work shall be at lhe lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. lf
City determines, in its discretion, that the cost of materials is excessive, or il Contractor lails to
furnish satislactory evidence of the cost from the actual supplier thereof, then in either case
the cost of the materials shall be deemed to be the lowest wholesale pnce at which similar
materials are available in the quantities required at the time they were needed. The City
reserves the right to lurnish such materials as it deems advisable, and Contractor shall have
no claim for costs or profits on matenals so turnished. Material invoices must be included with
the extra work report to obtain payment.
Taxes. Sales taxes on the costs ol materials and consumable items described in Paragraph
5.04-C.3 above.
Tool, Eouipment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
perlormance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published "Hental Rate Blue Book for Construction Equipment"
or the 'Rental Rate Blue Book for Older Construction Equipment," as published by K-1 11, San
Jose, California, which is in effect at the time of commencement of the changed work.
Contractor shall attach a copy ol the rate schedule to the daily reports required by Paragraph
6,06-8, above. The charges tor any machinery and equipment shall cease when the use
thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed
for use of equipment or tools which have a replacement value of $500 or less. The allowable
rental rates shall include the cost of fuel, power oil, lubrication, supplies, smalltools, necessary
attachments, loading, transportation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed lor overhead, profit or bond premiums for use of
equipment if the equipment is supplied by an equipment rental firm. lf equipment is used
intermrttently and, when not in use, could be returned to its rental source at less expense to
City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the
ARTICLE 6
GC-41 of 87
4.
Site at no expense to City. Costs incuned while equipment is inoperative due to breakdowns,
regular maintenance, or lor non-Working Days shall not be allowed. The rental time shall
include the time required to move the equipment to the Work from the nearest available source
for rental of such equipment and to return rt to the source. lf such equipment is not moved by
its own power, then loading and transportation will be allowed. Neither moving time nor
loading and transponation costs will be paid if the equipment is for use on the Project
unrelated to the Extra Work. All equipment shall be acceptable to City, in good woking
condition, and suitable for the pupose for which it is to be used.
6. Rovalties. Additional or saved costs ol royalties due to the performance of the Extra Work or
deleted work.
7. lnsurance. Bonds. Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall nol exceed one p€rcent (1%)of ltems 1 through 6 above.
D. Costs Not Allowed
Allowable Costs shall not include any ol the following:
1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractofs non-
craft labor (above a Foreman level);
2. Overhead in excess of Allowable Markup, as detined below (including home office overhead),
administrative or general expenses ol any kind including engineering, estimating, scheduling,
drafting, detailing, etc., incurred in connection with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Smalltools (replacement value not exceeding $500);
5. Office expenses, including secretarialand administrative staff, materials and supplies;
6. On-site and off-site trailer and storage rental and expenses;
7. Site tencing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business income and lranchise laxes;
11. Losses of efficiency or productivity; and
12. Costs and expenses ol any kind or item not specifically and expressly included in Paragraph
6.06-C.
E. Allowable Mark-Up
1. Extra Work bv contractor (Markuo): The following percentages shall be added to Contracto/s
costs and shall constilute the markup lor all overhead and profits:
ARTICLE 6
cC-42 of 87
Labor 20%
l\ilaterials
Equipment Rental
Other ltems and Expenditures
2. Extra Work bv Subcontractor (Markup): When all or any part ol the extra work is performed by a
Subcontractor, the makup provided for Contractor in 6.06.E.1 shall apply to Subcontracto/s
actual cosls. A markup ol 10% up to and including the first $5,000 of the subcontracted portion of
each extra work, and 5% on such extra work in excess ol $5,000 may be added for Contractor.
F. Net Allowable Costs
lf any one scope change involves both Extra Work and deleted work in the same ponion of the
Work and the additive allowable costs exceed the deductive allowable costs, the Allowable
l\Iarkups on the Extra Work will be only the difference between the tvvo amounts.
CITY OBIGINATED REOUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REOUEST
City may issue a Construction Change Directive or other writlen request to Contractor describing a
proposed change to the Work and requesting Contractor submit an rtemized change order proposal in a
lormat acceptable to City within ten (10) calendar days after City issues the request. Contractor's change
order proposal shall include an analysis of impacts to cost and time, il any, to perform additional work,
change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work,
estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed
methods to minimize costs, delay, and disruption to the perlormance of the Work. ll Contractor fails to
submit a written change order proposal within such period of time, it shall be presumed that the change
described in the City's original proposal request will not result in an increase to the Contract Sum or
Contract Time and the change shall be perlormed by Contractor without additional compensation to
Conlractor. City's request for itemized change order proposal request does not authorize Contractor to
commence performance of the change. ll City desires that the proposed change be performed, the Work
shall be authorized according to the Change Order or Construction Change Directive procedures set forth
herein.
CONTRACTOR ORIGINATED CHANGE OBDEB REOUEST (COR}
lf Contractor believes that instructions issued by the City afier the effective date of the Contract will result in
changes to the Contract Sum or Contract Tlme or if Contractor otherwise becomes aware of the need lor or
desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the
City in writing, in a lormat acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 below for Claims. The COR must specify the reasons lor the proposed change,
cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall
be complete in its description of the Work, its material and labor quantities and detail, and must support and
justily the costs and credits claimed by Contractor. A Critical Path l\ilethod schedule Fragnet is required to
support and justify any additional time of performance requested by Contractor. The City will not review any
COR which is incomplele. Contractor may request additional compensation and/or time through a COR but
not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's
failure to iniliate a COR within this ten-day period or to provide detailed back-up documentation to
substantiate the COH within thirty (30) calendar days of the initial written notice shall be deemed a waiver
ol the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COB that is
approved by the City shall be incorporated in a Change Order or Construction Change Directive. lf the
COR is denied but Contractor believes that it does have merit, Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.
ARTICLE 6
GC-43 ol 87
15"/"
157o
15"/"
6.09 ISSUANCE OF WORK DIRECTIVE ruNILATEBAL).
ln the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and
shall maintain and submit to City all accounting and cost data necessary to substantiate Contracto/s cost of
such disputed Work.
IEND OF ARTTCLEI
ARTICLE 6
GC-44 ol87
7.01
7.02
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
GENERAL
A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as
provided in the General Conditions.
B. lnitial progress payment will not be made prior to approval by the Director of the Schedule of Values,
the Construction Progress Schedule, and the Schedule of Submittals.
C. No subsequent progress payment will be made pdor to receipt by the Director ol the monthly revision
of the Construction Progress Schedule.
SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City's request, the three (3) lowest bidders shallcomplete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
ln addition, Contractor shallcomplete and lumish within seven (7) calendar days atler receiving the
Notice of Award ol the Construction Contract a Final Schedule ol Values giving a complete
breakdown of the Contract Sum for each component of the Work.
Content
The Schedule of Values shall be in suflicient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the perlormance ol the Work. Unless otherwise
specified in the Contract Documents, the Schedule ol Values shall include, without limitation, a
breakdown ol the general categories of Subcontractor work, direct overhead, profit and
contingency, and a further breakdown of the general calegories ol Subcontractor work into
separate trade line items of costs for Subcontractor services, labor and material, which is based on
actual Subcontractor contract, subcontract, purchase order or vendor prices. lf requested by
Director, Contractor shall revise the Schedule ol Values to allocate sums for Contractor overhead,
profit and/or contingency among the individual line items for trade portions ol the Work. No
amounts shall be reflected in the Schedule ol Values or Application for Payment for Extra Work or
Deleted Work for which a Change Order has not been executed by Contractor and City or lor which
a Construction Change Directive has not been issued by City. Amounts that have been mutually
agreed to by Change order or unilaterally determined by City pursuant to a Construction Change
Directive shall be segregated from the cost ol the base Contract Work and separately listed by line
item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and
supported by sufficient data to substantiate its accuracy as the Director may require,
Aoplications for Pavment
The Schedule of Values, when approved by the Director, shall be used as a basis lor Contractor's
Applications lor Payment and may be considered as fixing a basis for adiustments to the Contract
Sum.
ARTICLE 7
GC-45 ol 87
D. Bevisions
It, at any time, it is determined that the Schedule of Values does not allocate the Conlract Sum in a
manner that reasonably and fairly rellects the actual costs anticipated to be progressively incuned
by Contractor, it shall be revised and resubmitted for the Director's approval.
7.ffI APPLICATIONS FOB PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-8 below for the monthly progress
payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values,
marked to show the percentage of completion certified by Contractor for each line item in the
Schedule of Values, including any stored materials approved lor payment by City pursuant to
Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director.
B. Monthly Review
For the purpose ol expediting the progress payment procedure, Contractor shall meet with the
Director on or before the twentieth (20th) day of each month to review Contracto/s marked
Schedule ol Values prepared in accordance with Paragraph 7.03-A, above. The Directol shall
revise as appropriate and sign the marked Schedule of Values lo verify such revtew. lf any item in
the marked $hedule ol Values submitted for payment is disputed during this review, Contractor
agrees to use its best efforts to resolve the disputed items with the Director before submitting its
Application for Payment. lf the Director and Contractor cannot agree, then the percenlage
completion shall be established at such percentage as the Director, in good faith, determines is
appropriate to the actual progress of the Work. No inaccuracy or enor in the Directo/s good faith
estimate shall operate lo release Contractor or Surety from any responsibility or liability arising
from or related to performance ol the Work. The Director shall have the nght subsequently to
correct any error and dispute any item submitted in Contractor's Application for Payment,
regardless of whether an item was identified as disputed in the review process provided for herein.
C. C,ertitication
Each Application for Payment shall be signed and certilied by Contractor under penalty of perjury
to City that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contracto/s knowledge, inlormation and belief, the Work is in accordance wilh
the Contract Documents;
3. Contractor is entitled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work perlormed by Subcontractors
and that have been paid by City have been paid to the Subcontractors perlorming such Work,
without any retention, withholding or backcharge by Contractor.
ARTICLE 7
GC-46 of 87
D. Stored Materials
Payments may be made by City, at its discretion, on accounl of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by
Contractor or stored ofl-Site under the control of City. Such payments shall only be considered
upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the
material or equipment will be utilized in the Work and that the material is satislactorily stored,
protected and insured, and that such other procedures are in place satislactory to City to protect
City's interests. To be considered for payment, materials or equipment stored off-Site shall, in
addition to the above requirements and unless otheMise specilically approved by City in writing, be
stored in a bonded warehouse, fully insured, and available to City tor inspection. City shall have
sole discretion to determine the amount of material and equipment that may be stored on the Site
at any given time.
7.U PROGBESSPAYMENTS
A. Conditions to Progress Payments
Contractor shall submit its Application for Payment to the Director, using such lorms as required by
City, once a month on or belore the lirst (1st) Day of the month following the month in which the
Work that is the subject ol such Application for Payment was pedormed. Without limitation to any
other provisions of the Contract Documents, the lollowing shall be conditions precedent to a proper
submission and to the Director approval ol each Application lor Payment:
1. submission ol a Schedule of Values thai reflects the percentages of completion either agreed
to or determined by Director in accordance with Paragraph 7.03-8, above;
2. submission of Contracto/s certification required by Paragraph 7.03-C, above;
3. submission ol conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with Califomia Civil Code Section 8132, for all Work perlormed during the
time period covered by the cunent Application for Payment, signed by Contractor, its
Subcontractoc of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with Califomia Civil
Code Section 8134 for all Work performed during the time period covered by the previous
Application Ior Payment, signed by Contractor, its Subcontractors ol every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Conkact Documents;
5. compliance by Contractor with its obligation lor submission of monthly and daily reports as
required by the Coniract Documents;
6. compliance by Contractor with its obligations for submission ol scheduling informalion and
updating of the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documents pertaining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
ARTICLE 7
GC-47 ot 87
(,.
8. submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements ce(ifying that all employee benefit contributions due and
owing pursuant to any applicable collective bargaining agreement have been paid in lull; and
9. compliance by Conlractor with all of its other obligations lor submission ol documentation or
perlormance of conditions which, by the lerms of the Contract Documents, constitute
conditions to Contracto/s right to receive payment for Work performed.
Payments by City
Pursuant to Calitomia Public Contract Code Section 20104.50, City shall make progress payment
of undisputed sums due within thirty (30) Days after receipt by Director ol an undisputed and
properly submitted Application lor Payment, calculated on the basis of ninety-live pelcent (95%) of
value determined pursuant lo Paragraph 7.03-B above ol the followtng:
1. the portion ol the Work permanently installed and in place;
2. plus, the value ol materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents.
Belection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment
shall be retumed to Contractor as soon as practicable, but not later than seven (7) Days, after
receipt by City accompanied by an written explanation ol the reasons why the payment request
was Oected. Failure by City or Director to either timely reject an Application for Payment or specify
any grounds for rejection shall not constitute a waiver o{ any rights by City. Applications for
Payment that are lejected shall be corrected and resubmitted within seven (7) Days after receipt by
Contractor.
lnterest
lf City fails to make a progress payment to Contractor as required by Paragraph 7.04'8, above,
City shalt pay interest to Conkactor equivalent to the legal rate set fonh in subdivision (a) of
California Code ol Civil Procedure Section 685.010. Ihe number of Days available to City to make
payment pursuant to Paragraph 7.04-B, above without incuning interest pursuant to this Paragraph
shall be reduced by the number of Days by which City exceeds the seven (7) Day return
requirement applicable to City as set lorth in Paragraph 7.04-C, above.
7.05 FINALPAYMENT
A. Retention
ln addition to withholdings permined by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04.8 from each progress payment ("Retention') and retained until such time as it is
due as described herein. A higher Betention amount may be approved by the City Council where
project is deemed "substantially complex'by City Council.
ARTICLE 7
GC-48 ol 87
B
D.
B. Conditions to Final Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspection ol the Work in accordance with Paragraph 3.06 above. Such
Application tor Final Payment shall be accompanied by all the following:
1. an atfidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or lunds might be liable have been paid or
othenrrrise satislied;
2. Contractofs certification as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material
suppliers of each, covering the final payment period;
6. Unconditional Waiver and Release Upon Progress Payment in the form required by Calilornia
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payment period;
7. all Becord Documents (including, without limitation, complete and accurate As-Built drawings
which shall be kept up to date during the pedormance ol the Work);
8. documentation that Contractor has inspected, lested, and adiusted perlormance il every
system or tacility of the Work to ensure that overall perlormance is in compliance with the
terms ol the Contract Documents;
9. four (4) copies ol all warranties from vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreements, and equipment ce(ifications and similar
documents;
10. ce(ifications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benelit contributions due and owing pursuant to any
applicable collective bargaining agreement have been paid in full;
1 1. releases of righls and claims relating to patents and trademarks, as required by the Contract
Documents; and
12. any other documents or inlormation required by the Contract Documenls as a condition of
Final Payment or Final Completion.
C. Final Payment
Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the
Notice of Completion to Contractor, the Final Payment, including Hetention, shall be released to
Contractor, subject to the City's right to withhold 150% ol any disputed amounts.
ARTICLE 7
cC.49 ol 87
D. oisputed Amounts
Pursuant to Califomia Public Contract Code 7107, Cily may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% ol any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a
result of Contracto/s failing to fully perform all ol those obligations that are required to be lultilled
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.
E. Acceptance ol Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver ol all rights by Contractor
againsl City for recovery of any loss, excepting only those Claims that have been submitted by
Contraclor in lhe manner required by the Contract Documents prior to or at the time of the Final
Payment.
7.06 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Contractor and any Subcontracto(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement ol funG included as part of any such joint
payment. Endorsement on such check by a payee shall be conclusively presumed to constitute
receipt of payment by such payee. ln no event shall any ioint check payment be construed to
create any contract between City and a Subcontractor ol any Tier, any obligation from City to such
Subcontractor or any third party rights against City or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, withholding or
retention by City in good .faith of any disputed portion of a payment, whether ultimately determined
to be correclly or incorrectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds lor an adjustment of the Contract Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.
D. Contractor Payment Warranty
Submrssion of an Application for Payment shall constitute a representation and warranty by
Contractor that:
1. Title to Work covered by an Application for Payment will pass to City either by incorporation
into the construction or upon receipt of payment by Contractor, whichever occurs lirst; and
ARTICLE 7
cC.50 o, 87
7.07
2. Work covered by previous Applications for Payment are tree and clear ol liens, stop notices,
claims, security interests or encumbrances imposed by Contractor or any other person.
E. Correclions
No inaccuracy or enor in any Application for Payment provided by Contractor shall operate lo
release Contractor from the error, or from losses arising from the Work, or from any obligation
imposed by the Contract Documents. City retains the right to subsequently correct any enor made
in any previously approved Application for Payment, or progress payment issued, by adjustments
to subsequent payments.
PAYMENTS BY CONTBACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion
of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment lrom City,
Contractor shall pay the Subcontractor perlorming Work on the Project, out ol the amount paid to Contractor
on account of such Subcontractofs portion ol the Work, the amount to which said Subcontractor is entitled
rn accordance with the terms ol its contract with Contractor and applicable laws, including, without limitation,
Calilornia Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a
withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy Irom its own
funds sums due to all Subcontractors who have perlormed Work that is included in Contracto/s Application
for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to
its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be
responsible in any way for payment to a Subcontractor of any tier or material supplier.
PAYMENTS WITHHELD
A. Withholding by City
ln addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
lollowing:
1. Third Pany Claims. Third-party claims or stop notices filed ot reasonable evidence indicating
probable filing of such claims or stop notices. City shall promptly inlorm 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. lnability 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 ol governmental authorities;
ARTICLE 7
GC-51 ol87
7.08
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 ol Contractor
failing to meet the Construction Schedule or failing to perlorm within the Contract Time;
8. Setoff. Any reason specilied elsewhere in the Contract Documents as grounds lor a
withholding oflset or set otl or lhat would legally entitle City to a set-otl or recoupment;
9. Consultant Services. Additional prolessional, consultant or inspection services required due to
Contracto/s failure to comply with the Conlract Documents.
10. Liquidated Damages. Liquidated damages assessed against Contractor
1 1. Materials. Materials ordered by City pursuant to the Contract Documents.
12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contraclors 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
benelits funds pursuant to any applicable collective bargainrng agreement or trust agreement.
15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sutficient
documentation required by the Conkact Documents, including, without limitation, Construction
Schedule updates, 'look ahead' schedules, Submittals, Schedules ol Values, information on
Subcontractoc, Change Orders, certifications and other required reports or documentation.
16. Other Breach. A breach of any obligation or provision ol the Contract Documents.
Release of Withholding
It 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 othen,ise satisfied,
then payment shall be made lor amounts withheld because ol them.
Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment ol any loss or
threatened loss as City delermines, in its sole discretion, to be appropnate. 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 ils agent for such purposes, and agrees that
such payments shall be considered as payments made under Conslruction 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 behall 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.
ARTICLE 7
GC-52 of 87
D. Continuous Performance
Provided City pays the undisputed podion, if any, ol funds withheld in good faith, Contractor shall
maintain continuous and uninterrupted perlormance ol the Work during the pendency of any disputes
or disagreements with City.
7.Og SUBSTITUTION OF SECURITIES
A. Public Contract Code
Pursuant to the requirements ol Calilomia Public Contract Code Section 22300, upon Contractor's
request, City will make payment to Contraclor of any funds withheld lrom payments to ensure
perlormance under the Contract Documents if Contractor deposits with City, or in escrow with a
California or federally chartered bank in Calilomia acceptable to City ('Escrow Agent'), securities
eligible for the investment of State Funds under Govemment Code Section 16430, or bank or savings
and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or
any other security mutually agreed to by Contractor and the City, upon the following conditions:
1. Contractol shall be the beneficial owner or any securities substituted lor monies withheld for
the purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section
22300 and under this Paragraph 7.04, including, but not limited to City's overhead and
administrative expenses, and expenses ol Escrow Agent shall be the responsibility of
Contractor.
3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at
least equivalent to the amounts of retention to be paid to Contractor pursuant lo the Contract
Documents.
4. lf Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an
escrow agreement, using the City's lorm, 'Escrow Agreement lor Deposit of Securities in Lieu
of Retention."
5. Contactor shall obtain the written consent of Surety to such agreement.
6. Secunties, if any, shall be returned to Contractor only upon satislactory Final Completion ot
the Work.
B. Substitute S€curity
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
time Contractor requests to substitute secunty, deposit sutficient security to cover the entire amount
to be withheld. Should the current market value of such substituted security fall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contracto/s expense and at no cost lo City deposit
additional security qualifying under Public Contract Code Section 22300 until the current market value
of the total security deposited is no less than the amount subject to withholding under the Contract
Documents. Securities shall be valued as often as conditions of the securilies market warrant, but in
no case less frequently than once per month.
ARTICLE 7
GC-53 of 87
7.10
C. lhposit ot Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense ol
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescnbed in Part 4 ol Paragraph A, above.
At the expense ol Contractor and at no cost to City, Contractor may direct the investment of the
payments into secunties and interest bearing accounts, and Contractor shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion
of the Work, Contractor shall receive from Escrow Agent all securities, interest and payments
received by Escrow Agent from City, less escrow fees and charges of the Escrow Account,
according to the terms of Public Contract Code Section 22300 and the Contract Documents.
D. Time for Election of Subctitution ot Securities
Notwithstanding the provision 017.04 A, B, and C above and California Public Contract Code Section
22300, the tailure of Contractor to request the Substitution of eligible securities tor monies to be
withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a
waiver ol all such rights.
CLAIMS
A. Arising of Claim.
1. Scope Change. When Conlractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a tlaim'will be deemed to arise
once the Director has issued a decision denying, in whole or in part, Contracto/s Change
Order Request.
2. Other Claims. ln the case of a Claim by Conkactor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted if, and only if, Contractor grves written notice to City of intent to lile the
Claim within three (3) days of the date of discovery relative to such circumstances (even il
Contractor has not yet been damaged or delayed). Such written notice of intent to lile a Claim
shall be valid if , and only if, it identifies the event or condition giving rise to the Claim, states its
probable etfect, il any with respect to Contracto/s entitlement to an adjustment of the Contract
Sum or Contract Time and complies with the requirements of Paragraph 7.11-8, below. For
purposes of this Paragraph 7.11, a Claim for which such wntten notice is required and has
been given by Contractor shall be deemed to arise on the date that such written notice is
received by City.
B. Content ol Claim
A Claim by Contractor must include all ol the following:
1. A statement that it is a Claim and a request lor a decision on the Claim;
2. A detailed description of the act, enor, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
ARTICLE 7
c(].54 ol 87
4.
lf the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice ol delay and request for extension of time in accordance
with Article 3. ll the Claim does not involve an adlustment to the Conkact Sum or Contract
Time due to a change in scope, a statement demonstrating that a notice of intent to file the
Claim was timely submitted as required by Paragraph 7.10-A.2, above;
A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cosl breakdown in the form' required lor submittal ol Change Order Requests and
actual job cost records demonstrating that the costs have been incuned;
lf the Claim involves a request for adjustment of the Contract Time, writlen documentation
demonstrating that Conkactor has complied with the requirements of the Contract Documents
and written substantiation (including, without limitation, a Time lmpact Analysis) demonstrating
thal Contractor is entitled to an extension of time under the Contract Documents: and
A wntten certification signed by a managing otlicer of Contracto/s organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has
personally investigated and conlirmed the truth and accuracy of the maners set forth in such
certilication, in the 'following form:
"l hereby certify under penalty of perjury that I am a managing otlicer of (Contractor's name)
and that I have reviewed the Claim presented herewith on Contracto/s behalf and/or on behall
ol (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent
inquiry into the facts of the Claim, the following statemenls are true and correct:
The facts alleged in or that form the basis lor the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know ol any facts or circumslances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the
Claim materially misleading; and,
(b) I have, with respect lo any request lor money or damages alleged in or that
forms the basis for the Claim, reviewed the job cost records (including those
maintained by Contractor and by any Subcontractor, of any tier, that is asserting
all or any portion of the Claim) and confirmed with reasonable certainty that the
losses or damages suttered by Contractor and/or such Subcontractor were in
fact suffered in the amounts and lor the reasons alleged in the Claim; and,
(c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis lor the
Claim, reviewed the job schedules (including those maintained by Conkactor and
the Subcontractor, of any tier, that is asserting all or any ponion of the Claim)
and confirmed on an event-by-event basis that the delays or disruption sulfered
by Contractor and/or such Subcontractor were in fact experienced for the
durations, in the manner, and with the consequent effects on the time and/or
sequence of performance of the Work, as alleged in the Claim; and,
ARTICLE 7
GC.55 ol 87
I have not received payment from City for,
released City from, any portion of the Claim."
nor has Contractor previously
Date:Signature:
Name:
Title:
Company
Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph
7.1 0-8, above, shall result in the Claim being returned to Contractor without any decision.
Submission of Claims
1. Director. Claims shall be first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or
stop per{ormance of the Work, but shall diligently proceed with performance in accordance
with the Contract Documents and City will continue, to make undisputed payments as by the
Contract Documents.
3. Time for Filino. Atl Claims and supporting documentation and certifications must be filed
within thifty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements ol this Paragraph 7.10-D, which shall be considered conditions precedent to
Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with
respect to such Claim,
Response to Claims, Meet and Confer
1. Claims less than $50,000. Claims less than $50,000 shallbe responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the further inlormation or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing
within (60) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within thirty (30) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
ARTICLE 7
GC-56 ol 87
(d)
D.
F.
G
3. Meet and Confer. lf Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within fifteen (15) days of City's response, orwithin fifteen (15) days of City's
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall
schedule a meet and confer conference within thirty (30) days of such demand, for discussion
of settlement of the dispute.
Finality of Decision
lf Contractor disputes the Directo/s decision under this Article, it shall commence the Dispute
Resolution Process as set fofth in Article 15 of these General Conditions by filing a Statement of
Dispute within seven (7) days after receipt of the Director's response.
Continuing Contract PerformancdDuty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
pedormance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents. ln the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of
the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed
work.
IEND OF ARTTCLEI
ARTICLE 7
GC-57 of 87
8.01
ARTICLE 8 - MATERIALS AND EOUIPMENT
GENEBAL
A. Contractor shall fumish all materials and equipment needed to complete the Work and installations
required under the terms of this Contract, except those materials and equipment specrfied to be
fumished by lhe City.
B. Contractor shall submit satisfactory evidence that the materials and Euipment to be fumished and
used in the work are in compliance with the Specifications. Materials and equipment incorporated in
the Work and not specilically covered in the Specifications shall be the best of their kind. Unless
otherwise specified, all matenals and equipment incorporated in the Work under the Contract shall be
new.
OUALITY AND WORKMANSHIP
All material and equipment furnished by Contractor shall be new, high grade, and free from delects and
imperlections, unless otheMise hereinafter specilied. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the specilied quality and equal to approved
samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike
manner, notwthstanding any omission from the Specifications or Drawings, and it shall be the duty of
Contractor to call attention to apparent errors or omissions and request instructions before proceeding wrth the
Work. Director may, by appropriate instructions, correct erro6 and supply omissions, which instructions shall
be binding upon Contractor as though contained in the onginal Specilications or Drawings. All Work performed
under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and
equipment fumished and all Work done must be satisfactory to the Director. Wok, material, or equipment not
in accordance with the Specifications, in the opinion ol the Director shall be made to conform thereto.
Unsatisfactory materials and equipment will be rqected, and if so ordered by the Director, shall, at Contracto/s
expense, be immediately removed from the vicinity of the Work.
TBADE NAMES ANO 'OR APPROVED EOUAL' PROVISION
Whenever in the Specilications or Drawings the name or brand of a manulactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course ol completion,
Contractor may substitute any other brand or manulacture ol equal appearance, quality, and utility on approval
of the Director, provided the use of such brand or manufacture involves no additional cost to the City.
APPROVAL OF MATERIALS
A. Contractor shall lurnish without additional cost to the City such quantities of construction materials as
may be required by the Director for test purposes. He/she shall place at the Directo/s disposal all
available facilities for and cooperate with him in the sampling and testing of all materials and
workmanship. Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless othenrise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment ol samples
shall be mailed to Director by Contractor. Both the label on the sample and the letter of transmittal
shall indicate the material represented, its place ol origin, the names of the producer and Contractor,
the Specifications number and title, and a relerence to the applicable Drawings and Specifications
paragraphs.
ARTICLE It
(;C-58 of 87
8.02
8.03
8.04
C. Materials or equipment of which samples are required shall not be used on the Wo* until approval
has been given by the Director in writing. Approval ol any sample shall be only for the characteristics
of the uses named in such approval and no other. No approval of a sample shall be taken in itself to
change or modify any Contract requirement.
D. Failure of any material to pass the specified tesb, including lile cycle maintenance data may be
suflicient cause for refusal to consider under this Contract, any further sample ol the same brand or
make of that material.
ORDERING MATERIALS AND EOUIPMENT
one copy of each of Contracto/s purchase orders for materials and equipment forming a portion of the Work
must be fumished to the Director, if requested. Each such purchase order shall contain a statement thal the
materials and equipment included in the order are subject to inspection by the City. Materials and equipment
purchased locally will, at the City's discretion, be inspected at the point of manufacture or supply, and materials
and equipment supplied lrom points outside the Los Angeles area will be inspected upon arrival at the job.
except when other inspection requirements are provided for specific materials in other sections of the Contract
Documents.
AUTHORIW OF THE DIRECTOR
A. On all queslions concerning the acceptability of matenals or machinery, the classilication of materials,
the execution ol the Work, and conllicting interests of Contractors performing related work, the
decision of the Director shall be final and binding.
B- The Director will make periodic observations ol materials and completed work to observe their
compliance wilh Drawings, Specifications, and design and planning concepts, but he/she is not
responsible lor the superintendence of construction processes, site conditions, operations,
equipment, personnel, or lhe maintenance ol a sale place to work or any safety in, on, or about the
site of work.
INSPECTION
All materials fumished and wok done under this Contract will be subject to rigid inspection. Contractor shall
furnish, without extra charge, the necessary tesl pieces and samples, including facilities and labor lor obtaining
them, as requested by the Director. The Director, or higher authorized agent or agents, at all times shall have
access to all parts of the shop and the works where such matenals under hidher inspection is being
manufactured or the work performed. Work or matenal that does not conlorm to the Specifications, although
accepted through oversight, may be relected at any stage ol the Work. Whenever Contractor is permitled or
directed to do night work or to vary the period during which work is carried on each day, he/she shall give the
Director due notice, so that inspection may be provided. Such work shall be done under regulations to be
turnished in writing by the Director.
INFRINGEMENT OF PATENTS
Contractor shall hold and save the City, its otficers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use ol any patented
invention, process, equipment, article, or appliance employed in the execution ol the Work or included in the
materials or supplies agreed to be tumished under this Contract, and should Contractor, his/her agents,
servants, or employees, or any ol them, be enjoined from fumishing or using any invention, process,
equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this
ARTICLE 8
cC.59 ol 87
8.06
8.08
Contract, Contractor shall promptly substitute other inventions, processes, equipment, afticles, materials,
supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and
satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to
have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or
appliances, as may by this Contract be required to be supplied and used, in that event Contractor shall at
his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to
enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process,
equipment, afticle, materials, supplies, or appliances without being disturbed or in way interfered with by any
proceeding in law or equity on account thereof. Should Contractor neglect or refuse promptly to make the
substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and
requisite lor the purpose aforesaid, then in that event the Director shall have the right to make such
substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against
any money due Contractor from the City, or recover the amount thereof from hin/her and his/her surety,
notwithstanding final payment under this Contract may have been made.
IEND OF ARTTCLEI
ARTICLE 8
GC-60 of 87
9.01 GENERAL
A.
ARTICLE 9. SUBMITTALS
Contractor shall submit samples, drawings, and data for lhe Directo/s approval which demonstrate
fully that the construction, and the materials and equipment to be lumished will comply with the
provisions and inlent of the Drawings and Specifications.
Specific items to be covered by the submittals shall include, as a minimum, the following:B.
1.
2.
For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
For conduits, submit a detailed layout of the conduit with details ol bends and fabricated
specials and fumish any other details necessary. Show location ol shop and lield welds.
For equipment which requires electrical service, submit detailed information to show
power supply requirements, wiring diagrams, control and protection schematics, shop test
data, operation and maintenance procedures, outline drawings, and manufacture/s
recommendation of the interface/intedock among the equipment.
For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manutacture/s recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals,
and other details necessary.
Samples
Colors
Substitutions
Manuals
4.
5.
6.
7.
8.
9. As-built drawings
'10. Safety plans required by Article 10
PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of iransmittal and shall be in strict accordance with the
provisions of this Article.
B. Submit priority of processing when appropriate.
SCHEDULE OF SUBMITTALS
A. Contractor shall prepare and submit a schedule ol submittals. The schedule of submittals shall be in
the lorm ol a submittal log. Referto Paragraph 9.12.
ARTICLE 9
GC-61 ol 87
9.03
9.04 SHOP DRAWINGS
A. All shop drawings shall be produced to a scale sulliciently large to show all pertinent featules of the
item and its method of connection to the Work.
B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heiqht X Width
t1" x I 1/2',
11',X 17"
24',X 36"
30'x42',
COLOBS
Unless the precise color and pattem are specilied elsewhere, submit accurate color charts and pattem charts
to the Director for his/her review and selection whenever a choice of color or pattem is available in a specified
product. Label each chart naming the source, the proposed location of use on the poect, and the project.
MANUFACTURERS' LITERATURE
Where contents ot submitted literature trom manufacturers includes data not pertinent to the submittal, cleariy
show which portions ol the contents are being submined for review.
SUBSNTUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract
Documents. Any Contractor proposed substitutions are subject to the Directo/s approval.
Dilector will consider proposals lor substitution of materials, equipment, and methods only when such
proposals are accompanied by full and complete technical data, and all other information, including
lile cycle maintenance data, required by the Director to evaluate the proposed substitution.
B. Any requests for substitutions by Contractor must be made within forty-five (zl5) calendar days from
the lssuance Date on the Notice to Proceed. Otheruise, such requests will not be considered.
C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.
MANUALS
A. When manuals are required to be submitted covenng items included in this Work, prepare and submit
such manuals in approximately 8-1/2' X 1 1' format in durable plastic binders. ln addition, manuals
shall be submitted in electronic format. iilanuals shall contain at least the following:
1. ldentification on, or readable through, the tront cover stating general nature ol the manual.
ARTICLE 9
cC.62 of 87
9.06
9.07
9.05
9.08
2. Neatly typewritten index near the front of the manual, fumishing immediate information as to
location in the manualof all emergency data regarding the installation.
3. Complete instructions regarding operation and maintenance ol all Euipment involved.
4. Complete nomenclature of all replaceable parts, their parl numbers, curTent cost, and name
and address of nearest vendor ol parts.
5. Copy of all guarantees and warranties issued.
6. Copy of drawings with all data conceming changes made during construction.
B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or otheMise cleariy indicate, all manufacturers' data with which
this installation is not concemed.
9.09 A$BUILT DRAWINGS
A. Contractor shall modily the plan and/or timing sheet(s) in the traflic signal cabinet upon any addition,
deletion, repait, or change in timing as soon as the work is completed. The legibility and contrast of
each drawing submitted to the City shall be such that every line, number, letter, and character is
cleady readable.
B. Contractor shall notify the City ol any and all changes to the plan and/or timing sheet(s).
9.10 SUBMITTALSOUANTITIES
A. Submit seven (7) copies ot all data and drawings unless specilied otherwise.
B. Submit all samples, unless specilied otherwise, in the quantity to be retumed, plus two, which will be
retained by the Director.
9.11 IDENTIFICATION OF SUBMITTALS
Completely identily each submittal and re-submind by showing at least the lollowing information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for f urther information.
B. Name ol project as it appears in the Contract Documents and Contract No.
C. Drawing number and Specifications section number other than this section to which the submitlal
applies.
D. Whether this is an original submittal or re-submittal.
E. For samples, indicate the source ol the sample.
9.12 SCHEDULEOFSUBMITTALS
A. Submit initial schedule of submittals within five (5) Working Days afler the lssuance Date on Notice to
Proceed.
ARTICLE 9
GC-63 ol 87
B. Submit revised schedule of submittals within live (5) Worklng Days after date ol request from the
Director.
C. The Director will review schedule of submitals and will notify Conlractor that schedule is
acceptable or not acceptable within live (5) Woking Days after receipt.
9.13 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Directo/s review, use all means necessary to fully coordinate all material,
including the lollowing procedures:
1. Determine and vedly all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required wrth all trades and with all public agencies invofued.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate all deviations lrom the Specifications.
B. Unless otheruise specifically permitted by the Director, make all submittals in groups containing all
associated items; the Director may rqect partial submittals as not complying with the provisions ol the
Specifications.
9.14 TIMING FOR SUBMITTALS
A. Make all submittals lar enough in advance ol scheduled dates ol installation to provide all required
time lor reviews, for securing necessary approvals, for possible revision and re-submittal, and for
placing orders and securing delivery.
B. ln scheduling, allow at least 15 Working Days for the Directo/s review, plus the transit time to and
from the City oftice.
C. Manuals shall be submitted prior to pertorming functional tests.
9.15 APPROVALBYCITY
A. Up to three (3) copies ol each submittal, except manuals, schedule of costs for progress payments,
and as-built drawings will be retumed to Contractor marked "No Exceptions Taken," 'Make
Conections Noted - Do Not Resubmit," or "Make Corrections Noted - Resubmit.' Manuals, schedule
of costs, and as-built drawings will be retumed for re-submittal if incomplete or unacceptable.
B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. lf submittal is retumed for coneclion, it will be marked to indicate what is unsatisfactory.
D. Resubmit revised drawings or data as indicaled, in five (5) copies.
E. Approval of each submittal by the Director will be general only and shall not be construed as:
1. Permitting any departures lrom the Specifications requirements.
ARTICLE 9
cC-64 ol 87
2. Relieving Contractor of the responsibility for any errors and omissions in details, dimensions, or
of other nature that may exist.
3. Approving departures lrom additional details or instructions previously furnished by the Director.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A re-submittal is required for any proposed change to an approved submittal. Changes which require
re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. All re-submittals shall include an explanation of the
necessity for the change.
B. Minor conections to an approved submittal may be accomplished by submitting a "Conected Copy".
IEND OF ABTTCLEI
ARTICLE 9
GC-65 of 87
ARTICLE 1O - SAFEW
10,01 PROTECTION OF PERSONS AND PBOPERTY
Contracto/s Hesponsibility: Notwithstanding any other provision of the Contract Documents,
Contractor shall be solely and completely responsible for conditions of the iob site, including safety ol
all persons and property, during perlormance of the Work. This requirement will apply continuously
and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all
applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes.
Where any of these are in conflict, the more stringent requirement shall be followed.
Sanitary Facilities. Contraclor shall fumish and maintain sanitary facilities by the worksites for the
entire construction period.
Protection of lhe Public. 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 sen/ices.
Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and property, due directly or indirectly lo prosecution ol
work under this contracl. Whenever, in the opinion ol the Director, a condition exists which Contractor
has not taken suflicient precaulion of public safety, protection of utilities and/or protection ol adjacent
structures or property, the Director will order Conlractor to provide a remedy for the condition. ll
Contractor fails to act on the situation within a reasonable time period as determined by the Director,
or in the event ol an emergency situation, the Director may provide suitable protection by causing
such work to be done and material to be {umished as, in the opinion of the Director, may seem
reasonable and necessary. The cost and expense ol all repairs (including labor and matenals) as are
deemed necessary, shall be bome by Contractor. All expenses incuned by the City for emergency
repairs will be deducled from the final payment due to Contractor.
10.02 PROTECTION FROM HMARDS
Trench Excavation
Excavation tor any trench four (4) feet or more in depth shall not begin until Contraclor has received
approval from the Director ol Contracto/s detailed plan for worker protection from the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.
No such plan shall allow the use of shoring, sloping or protective system less effective than that
required by the Construction Salety Orders of the Division ol Occupational Safety and Health, and if
such plan varies from the shoring system standards established by the Construction Safety Orders,
the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural
Director in the State of Califomia.
Confined Spaces
Contractor shall comply with all of the provisions of General lndustry Safety Orders of the Calilornia
Code of Begulations. Entry of a confined space shall not be allowed until Contractor has received
approval from the Director of Contractor's program for confined space entry. Confined space means
a space thal (1) ls large enough and so conligured that an employee can bodily enler and perform
assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limiled means of entry); and
ARTICLE 1O
GC-66 of 87
B.
(3) ls not designed for continuous employee occupancy. Failure to submit a confined space entry
program may result in actions as provided in Article 5: 'Suspension or Termination of Contract.''
C. MaterialSafety Data Sheet
Contractor shall comply with all ol the provisions ol General lndustry Safety Orders of the Calilornia
Administrative Code. Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for
each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials
to the job site or use of such matenals at a manufacturing plant where the Director is to perform an
inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted
with the sample(s). Hazardous substance is delined as any substance included in the list (Directo/s
List) ol hazardous substances prepared by the Direclor, Califomia Department of lndustrial Helations,
pursuant to Labor Code Section 6382. Failure to submil an MSDS for any hazardous subslance may
result in actions as provided in Article 5, "Suspension or Termination of Contract".
DIFFERING SITE CONDITIONS
A. Ditferino Site Conditions Defined. Contractor shall promptly, and before such conditions are
disturbed, notily the Director in writing ol any Ditlering Site Conditions. Difiering Site Conditions are
those conditions, located at the project site or in existing improvements and not otheMise
ascertainable by Contractor through the exercise of due diligence in the perlormance of its inspection
obligations in the Contract Documents, encountered by Contractor in digging trenches or other
excavations(s) that extend deeper than lour feet below the surlace ol the ground that constitute:
1. Material that Contractor believes may be matenal that is hazardous waste as defined in Section
25117 of the Health and Safety Code, which is required to be removed lo a Class l, Class ll, or
Class lll disposal site in accordance with provisions of existing law.
2. Subsurlace or latent physical conditions at the site diflering materially lrom those indicated in
these Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, diflerent materially from those
ordinarily encountered and generally recognized as inherent in Work ol the character provided
for in these Contract Documents.
B. Notice bv Contractor. lf Contractor encounters conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly
reported to the Director lollowed within twenty{our (24) hours by a furlher written notice stating a
detailed description of the condrtions encountered.
C. Director will promptly investigate lhe conditions and lf he/she finds that such conditions do materially
ditter, or do involve hazardous waste, and do cause an increase or decrease in Contracto/s cost ol,
or time required lor, performance of any parl of the Work under this Contract, an equitable adjustment
will be made, as determined by the Director.
D. Chanoe Order Request. lf Contractor intends to seek an adjustment to the Contract Sum or Conlract
Time based upon Diflering Site Conditions, it must, within ten (10) Days after the Discovery Date
relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown
and Time lmpact Analysis, in the form required by Article 6 of these General Conditions, of the
additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
ARTICLE IO
GC-67 of 87
10.03
E. Failure to Comolv. Failure by Contractor to slrictly comply with the requirements of this Paragraph
10.03 concerning the timing and content of any notice ol Difiedng Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver ol any right by Contractor lor an adiustment in the Contract Sum or Contract Time by reason
of such conditions.
F. Final Completion. No claim by Contractor for additional compensation for Differing Site Conditions
shall be allowed if asserted after Final Payment.
G. ln the event of disagreement between Contractor and the Director whether the conditions do
materially ditfer or whether a hazardous waste is involved or whether the conditions cause an
increase or decrease in Contracto/s cost of, or time required for, perlormance of any pan of he
Work, Contractor shall not be excused from any completion date required by the Contract, but shall
proceed with all Work to be performed under the Contract Documents.
H. Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract
which pertain to the resolution ol disputes and protests.
l. Contractor Responsibilitv. Except as othen ise provided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the dsk of additional cost and Delay due to concealed or
unknown condrtions, surlace or subsudace, at the Site or in Existing lmprovements, without
adjustment to the Contract Sum or Contract Time.
TRAFFIC REGULATION
A. During the performance of the Work Contractor shall erect and maintain necessary temporary fences,
bridges, railings, lights, signals, baniers, or other safeguards as shall be appropdate under the
circumstance in his/her judgment for the prevention ol accidents; and he/she shall take other
precautions as necessary for public salety including, but not limited to, tralfic control. Traftic control
shall be conducted in accordance with the latest edition ol the Manual of Uniform Traffic Control
Devices ("MUTCD") handbook and as directed and approved by the Director.
B. Contractor shall submit at least ten (10) Working Days prior to Wo* a detailed traflic control plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specilications.
C. No changes or deviations from the approved detailed tratlic control plan shall be made, except
temporary changes in emergency situations, without pior approval ol the City Trallic and
Transportation Administrator and all agencies having lurisdiction.
Contractor shall immediately notity the Director, the City Traflic and Transportation Administrator and
the agencies having jurisdiction of occurrences that necessrtate modification of lhe approved tralfic
control plan.
D. Contracto/s failure to comply with this provision may result in actions as provided in Article 5:
'Suspension or Termination of Conlracf ol these General Conditions.
ARTICLE IO
GC-68 of 87
TRAFFIC CONTROL DEVICES
A. Tralfic signs, flashing lights, bar cades and other traftic salety devices used to control tratfic shall
conform to the requirements of the [ilUTCD handbook or the manual ol traffic control, whichever is
more stringent, and as approved by the City Traffic and Transportation Administrator.
1. Portable signals shall not be used unless pemission is given in writing by the agency having
jurisdiction.
2. Warning signs used lor nighttime conditions shall be reflectorized or illuminated. "Rellectorized
signs" shall have a retlectonzed background and shall conform to the current State of Calilomia
Department of Transpodation specification for retlective sheeting on highway signs.
B. ll Contractor fails to provide and install any of the signs or traftic control devices required herby or
ordered by the City staff, stalf may cause such signs or tratfic control devices to be placed by others,
charge the costs therefore against Contractor, and deduct the same lrom the next progress payment.
EXECUTION
A. Except for an emergency call out, Contractor shall provide written notilication to the Police
Department at the address below:
Police Chief Daniel Calleros
Vernon Police Department
4i)05 Santa Fe Avenue
Vemon CA, 90058
Notilication shall be sent at least two (2) weeks prior to the beginning ot construction at any particular
location. Notification will include the specitic location, project dates, what lanes of the roadway will be
closed and when. Also the construction pOect manage/s name and business phone number and
the construction inspecto/s name and business phone number.
B. Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any
posting ol temporary no parking signs. Notilication will include the times, dates and locations of the
posting. When vehicles must be towed lor violation of temporary no parking signs, the peEon who
actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent
questions that may be asked by the parking enforcement officer or police officer towing the vehicles.
C. Contractor shall notily the Vemon Fire Department, on a dailv basis during the entire period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made lo the Fire Dispatch (323) 5834821 and Contractor shall provide the information rEuired to
identify which roadways would have accessibilily problems due to hiVher operations. Contractor shall
submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interlerence shall be kept up by Contractor until the Work is finished. Except where
public roads have been approved lor closure, traffic shall be pemitted to pass through designated
tratfic lanes with as lrttle inconvenience and delay as possible.
ARTICLE 1O
cC.69 ol 87
E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed
shall be posted at each end of the one-way tratfic section. The maximum delay time shall be
approved by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall
maintain the tratlic markings for the duration of need. Contractor shall remove the markings by
abrasive blasting when no longer required.
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, Contracto/s equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide llaggers to control traflic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "lnstructions to Flaggers" of the California Department of
Transportation.
2. Flaggers shall be employed fulltime on traffic control and shall have no other duties.
10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to the City for requirements for building or access road safety improvements that Contractor shall
construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of Contractor.
IEND OF ARTTCLEI
ARTICLE IO
GC-70 ol 87
ARTICLE 11 .INDEMNITY
11.01 INDEMNITY
To the maximum extent permitted by law, Contractor shall fully indemnily, hold harmless, protect, and defend
the City, its oflicers, employees, agents, representatives and their successors and assigns ("lndemnitees')
lrom and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost,
judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including
any lees of accountants, attomeys, experts or olher professionals, and costs of investigation, mediation,
arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in
connection with, resulting from or related to, or claimed to be ansing out of the Work perlormed by Contractor,
or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consullants or any
person foI $/hose acts any ol them may be liable, regardless of whether such claim, suit or demand is caused,
or alleged to be caused, in pad, by an lndemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or dealh to any persons;
B. lnfringement of any patent rights, licenses, copyrights or intellectual property which may be brought
against Contractor or City arising out of Contracto/s Work, lor which Contractor is responsible;
C. Stop notices and claims for labor performed or materials used or fumished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
E. Failure to comply with any Govemmental Approval or similar authorization or order;
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
fumished by Contractor in connection therewith;
G. Breach ol any duty, obligation, or requirement under the Contract Documents;
H. Failure to provide notice to any Party as required underthe Contract Documents;
l. Failure to protect the property of any utility provider or adjacent property owner; or
J. Failure to make payment ol all employee benefits.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by lndemnitees, except that, to the limited extent mandated by Calilomia Civil Code Section 2782,
Contractor shall not be responsible lor liabilities which arise from the sole negligence or willful misconduct ol
lndemnitees or arise from the active negligence ol City.
11,T2 ENFORCEMEI,IT
Conlracto/s obligations under this Article extend to claims occuning atter termination of Contractor's
performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or
alleged negligent act or omissron ol lndemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnity an lndemnitee for claims arising from the sole active negligence or willful misconduct
of the lndemnitee or independent conlractors who are directly responsible to lndemnitees. Contracto/s
obligations under this Article are in addition to any other rights or remedies which the lndemnitees may have
under the law or under the Contract Documents. In the event of any claim, suit or demand made against any
ARTICLE IT
GC-71 ol 87
lndemnitees, the City may in its sole discretion reserue, retain or apply any monies due to Contractor under the
Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if
Contractor provides the City with reasonable assurance of protection of the City's interests, The City shall in its
sole discretion determine whether such assurances are reasonable.
11.03 NO LIMITATIONS
Contracto/s indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. ln claims, suits, or demands against any lndemnitee by an
employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose
acts they may be liable, Contracto/s indemnification and defense obligations shall not be limited by a limitation
on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor
under workers' compensation acts, disability benefits acts, or other employee benefits acts.
IEND OF ARTTCLEI
ARTICLE II
GC-72 ol87
ARTICLE 12 - INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall Contractor allow any Subcontractor to
commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof
of insurance including insurance certificates and endorsements as set lorth in Exhibit "4' must be submitted by
Contractor prior to the City's execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit "4'throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Contractor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or its operations limits the application of such insurance
coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and approved in writing by
the City Attomey or City's Risk Manager.
12.U INSURANCE OBLrcANON E SEPARATE FROM INDEMNITY OBLIGATION
This Agreement's insurance provisions:
A. Are separate and independent lrom the indemnification and defense provisions in Article 12 of the
Agreement;and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
IEND OF ARTTCLEI
ARTICLE 12
GC-73 of 87
ABTICLE 13 - BONDS
13.01 HEOUIRED BONDS
A. Contractor shall furnish the following bonds:
1. A Performance Bond in an amount equal to one hundred percent (100/") of the total Contract
price in the form shown in Exhibit "1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100"/") of the
total Contract pdce in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the
form shown in Exhibit "3" attached hereto.
13.02 POWEBOFATTOBNEY
All bonds shall be accompanied by a power of attomey from the surety company authorizing the person
executing the bond to sign on b€half ol the company. lf the bonds are executed outside the State ol California,
all copies of the bonds must be countersigned by a Calilomia 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 attomey.
13.M APPBOVEDSURETY
All bonds must be issued by a Calilornia admitted surety insurer with the minimum A.M Best Company
Financial strength rating of'A: Vll', or better. BonG issued by a California admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued lrom
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in Calitornia Code ol 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 behall
of the company. lf the bonds are executed outsrde the State ol California, all copies of the bonds must be
countecigned by a California representative of the surety. The signature ol the person executing the bond
on behall of Surety must be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.
13.04 REOUIHEDPROVISIONS
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
aflect its obligations and shall waive notice of any such change, extension of time, alteration, or modilication of
the Contract Documents.
13.05 NEW OR ADOITIONAL SURETIES
lf, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non-
responsible or otheMise unacceptable to City, City may require other new or additional sureties, which
Contractor shall fumish to the satisfaclion of City within ten (10) days after notice, and in default thereof lhe
Contract may be suspended and the materials may be purchased or the Work completed as provided in Article
5 herein.
ARTICLE I]
cC.74 ol 87
13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS
No modilications or alterations made in the Work to be pedormed under the Contract or the time of
pedormance shall operate to release any surety from liability on any bond or bonds required to be given
herein. Notice of such events shall be waived by the surety.
13.07 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.
IEND OF ARTTCLEI
ARTICLE 13
GC-75 of 87
ARTICLE 14 - LABOR PROVISIONS
14.01 WORKING HOUBS
A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. ol the nexl day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent ol the Director and is subject to Cost ol overtime Construction lnspection.
C. Night, Sunday and Holiday Work. No Work shall be perlormed at night, Sunday, orthe ten (10) legal
holidays to wit: New Yea/s Day, Marlin Luther King, Jr. Day, Washington's Birthday, Memorial
Day, lndependence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following
Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the
permission of the Director, and accordance with such regulations as he/she shall lurnish in writing.
Belore perlorming any Work at said times, except Work pertaining to the public safety, Contractor
shall qive written notice to the Director so that proper inspection may be provided. 'Nighf as used
in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next
succeeding day.
14.T2 COST OF OVEHTIME CONSTRUCTION SERVICES AND INSPECNONS
A. overtime construction Work perlormed at the option of, or lor the convenience of, Contractor will be
inspected by the City at the expense of Contractor. For any such overtime beyond the regular 8-hour
day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the
City, and submitted to Contractor lor payment.
B. Equipment, materials, or services provided by the City, in connection with Contractorinitiated
overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the
Contractor. The charges will be determined by the City, and submitted to Contractor for payment.
C. There will be no charges to Contractor lor the inspection of overtime Work ordered by the Director or
required by the Contract Documents.
14.03 COMPLIANCE WTH STATE LABOR COOE
A. Contractor shall comply with the provisions of the Labor Code of the State of Calilornia and any
amendments thereof.
1. The time of service of any worker employed upon the Work shall be limited and restncted to eight
(8) hours during any one-calendar day, and 40 hours during any one4alendar week.
2. Work perlormed by employees of Contractor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess ol eight (8) hours per day at not less than one and one-half times the basic rate ol pay.
3. Contractor and every Subcontractor shall keep an accurate record showing the name of and the
actual hours worked each calendar day and each calendar week by each worker employed by
hin/her in connection with the Work; the record shall be kept open at all reasonable hours to the
inspection of the City and to the Division of Labor Standards Enforcemenl of the State of
Califomia.
ARTICLE 14
cC-76 ol 87
4. ln the event City deems Contractor is in violation of this Paragraph 14.03, Contractor shall, as a
penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execulion of the Contract
by Contractor or by any Subcontractor for each calendar day for which the employee was
underpaid in addition to an amount sutficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sutlicient to cover
underpaid wages. This subparagraph is eflective to the extent it does not directly conflict with the
overtime penalty provision ol Califomia Labor Code Section 558. ln the event ol such conflict,
the Califomia Labor Code governs over this Paragraph 14.03(A)(4).
5. Pursuant to SB 854, Contractor and any Subcontractors shall register and pay an annual fee to
the Department ol lndustnal Helations.
WAGE RATES
A. Prevailing Wages
1. Contractor shall comply with lhe general prevailing rates of per diem wages and the general
prevailing rates lor holiday and overtime Work in the locality in which the Work is to be
performed, for each craft, classification, or type of wofter needed to execute the Contract. The
Director ol the Department ol lndustrial Relations of the State ol Calilomia (pursuant to
Calilornia Labor Code) and the United States SecIetary of Labor (pursuant to the Davis-Bacon
Act) have determined the general prevailing rates of wages in the locality in which the Work is
to be performed. The rates are available online at www.dir.caoo/DlsRiB /D/. To the extent
that there are any differences in the federal and state prevailing wage rates for similar
classilications of labor, Contractor and its SubcontractoB shall pay the highest wage rate.
2. Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. Contractor and any Subcontractor under hirn/her shall pay not less than the specified prevailing
rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the
collective bargaining Contract applicable to the particular cratt, classification, or type of worker
employed on the project.
5. Contractor shall, as a penalty to the State or the City, forfeit not more than Fitty Dollars ($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates lor
the Wok or craft in which the worker is employed under the Contract by Contractor or by any
Subcontractor under him. The difference behveen the prevailing wage rates and the amount
paid to each worker for each calendar day or portion thereof for which such worker was paid
less than the stipulated prevailing wage rate shall be paid to such worker by Contractor,
6. The specilied wage rates are minimum rates only and the Cily will not consider and shall not
be liable for any claims for additional compensation made by Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment ol wages in excess of those specified herein shall be adjusted by Contractor at
his/her own expense.
ARTICLE 14
GC-77 ol 87
B. Payroll Records
1. Pursuant to Calilornia Labor Code Section '1776, Contractor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed in
connection with the Work. The payroll records shall be certilied and shall be available for
inspection.
2. Contractor shall inform the City of the location ol the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by the Director, Contractor shall provide a copy of the cenified payroll records
along with a statement of compliance.
4. Pursuant to SB 854, Contractor and any Subcontractors shall fumish electlonic certilied payroll
records directly to the Labor Commissioner (aka Division of Labor Standards Enlorcement).
APPRENTICESHIP STANDABDS
A. Compliance with California Labor Code Section 17n.5 requires all public works contractors and
subcontractors to:
1. Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the joumeyman
hours to be performed under the Contract, the number of apprentices to be employed,
and the approximate dates the apprentices will be employed. Use Form DAS-140 lrom
the State Department of lndustrial Relations. The City reserves the right to require
Contractor and SubcontractoB to submit a copy ol said lorms to the City.
2. Employ apprentices for the public work at a ratio o{ no less than one (1) hour or
apprentice work for every live (5) hours or labor perlormed by a journeyman. To request
dispatch ol apprentices, use Form DAS-142 from the State Department of lndustrial
Relations. The City reserves the right to require Contractor and Subcontractors to submit
a copy of said forms to the City.
3. Pay the apprentice rate on public works proiects only to those apprentices who are
registered, as defined in Labor Code Section 3077.
4. Contnbute lo the training fund in the amount identified in the Prevailing Wage Rate
publication for joumeyman and apprentices. Contractors who choose not to contnbute to
the local training trust fund must make their contributions to the California Apprenticeship
Council, P.O. Box 420603, San Francisco, CA94142.
B. Failure to comply with lhe provisions of California Labor Code Section 1777.5 may result in the loss
ol the righl to bid or perform work on all public works pOects for a period of one to three years and
the imposition of a civil penalty ol One Hundred Dollars ($100.00) tor each calendar day of
noncompliance lor the first violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violation. Contractor should make a separate
copy of this material lor each of his/her Subcontractors.
ARTICLE 14
(;C-78 ol 87
C. Payroll Records. Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certitied and shall be submitted to the Project Manager every two weeks.
D. Statement ol Employer Fringe Benefit Payments. Within five (5) calendar days of signing the
Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26
from the State Department of lndustrial Relations) shall be completed for each Contractor and
Subcontractor ol any tier who pays benefits to a third party trust, plan or fund for health and wellare
benefits, vacation funds or makes pension contributions. The form must contain, lor each worker
classilication, the fund, plan or trusl 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 Contraclors and Subcontractors to submit a copy ol said forms to
the City.
14.06 EMPLOYMENTOFAPPRENTICES
A. ln the perlormance of this Contract, Contractor and any Subcontractor shall comply with the
provisions conceming the employment ol apprentices in the Labor Code of the State ol California
and any amendments thereof.
B. ln the event Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of
the Labor Code, such Contractor or Subcontractor shall be subject to the penalties lor
noncompliance in the Labor Code of the State ol Califomia and any amendments thereof.
14.T1 CHARACTEROFWORKERS
Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled loremen and workers shall be
employed on Work requiring special qualifications, and when required by the Director, Contractor shall
discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly,
dangerous, insubordinate, incompetent, or otherwise oblectionable manner. Any employee being
intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be
discharged. Such discharge shall not be the basis of any claim for compensation ol damages against the
City or any of its otficers, agents, and employees.
14,08 NO SMOKING - STATE LABOB CODE SECTION 6404,5
Conlractor and its agents, employees, Subcontractors, representatives, and any person under Contracto/s
control, are prohibited Irom smoking in- or within a 2o-foot distance lrom- the Site, which is a "place of
employment" under California Labor Code S 6404.5.
IEND OF ARTICLE]
ARTICLE I4
cC.79 ol 87
ARTICLE 15 - DISPUTE RESOLUTION
1s.01 SUBMTSSToN 0F CLATMS
A. By Contractor
Contractods right to commence the Claims Dispute Resolution Process shall anse upon the Director's
written response denying all or part of a Claim. Contractor shall submit a written Statement of
Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contracto/s
Claim. Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with
specilicity the events or circumstances giving rise to the Claim, the dates of their occurrence and the
effect, if any, on the compensation due or performance obligations of Contractor under the
Construction Contract. Such Statement of Dispute shall include adequate supporting data to
substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of
Contracto/s obligations relative to time of perlormance shall include a detailed, event-by-evenl
description ol the impact of each delay on Contracto/s time for per{ormance. Adequate supporting
data to a Statement of Dispute submitted by Conlractor involving Contractor's compensation shall
include a detailed cost breakdown and supporting cost data in such form and including such detailed
informalion and other supporting data as required lo demonstrate the grounds for, and precise
amount of, the Claim.
B. By City
City's right to commence the Claims Dispute Resolution Process shall arise at any time lollowing the
City's actual discovery ol the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of
Dispute submitted by City shall state the events or circumstances giving nse to the Claim, the dates ol
their occurrence and the damages or other relief claimed by City as a resuft of such events.
C. Claims Mined
The term'claims" as used herein shall be as defined in Calilomia Public Contract Code $
20104(b)(2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each ol the lollowing steps in the Claims Dispute Besolution Process in the sequence
they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute
Besolution Process, which good {aith effon shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Hesolution Process.
A. Direct Negotiations
Designated represenlatives of City and Contractor shall meet as soon as possible (but not later than
ten ('10) Days alter receipt ol the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotialions by an authorized representative
with full knowledge of the details ol the Claim or defenses being asserted by such party, and with full
authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City
Council [or other City official] approval of any agreed settlement or resolution. ln the Claim involves
the assertion of a nght or claim by a Subcontractor against Contractor that is in tum being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
ARTICLE I5
GC.80 of 87
negotiations, with the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
may declare negotiations ended. All discussions that occur during such negotiations and all
documents prepared solely for the purpose of such negotiations shall be confidential and privileged
pursuant to California Evidence Code Sections 1 1 19 and 1 152.
lhfenalof Claims
Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve pafties other than Contractor and City, shall be defened pending
Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. ln the event that City does
not elect to proceed with the Claims Dispute Besolution Process prior to Final Completion of the
Work, all Claims that have been defened until such Final Completion shall be consolidated within a
reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the
Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as
limiting the parties' rights to continue informal negotiations of Claims that have been defened until
such Final Completion; provided, however, that such informal negotiations shall not be interpreted as
altering the provisions of this Article 15 deferring final determination and resolution of unresolved
Claims until after Final Completion of the Work.
Legal Proceedings
lf the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiction.
15.03 NO WAIVEB
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limitation, any delense based on the assertion that the rights of
Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contracto/s failure to comply with any time periods for
providing notices or for submission or supporting documentation of Claims.
IEND OF ARTTCLEI
ARTICLE 15
GC-81 ol87
c.
ARTICLE 16. ACCOUNTING RECORDS
16.01 MAINTENANCEOFRECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requilements ol the
Contract Documents, including the following: all informalion, materials and data of every kind and character
(hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any
matters, rights, duties or obligations relating to the Project or the perlormance of the Work, including, without
limitation, agreements, purchase orders, leases, contracts, commilmenh, arrangements, notes, change
orders, change order requests, estimates, lield orders, schedules, diaries, logs, reports, shop drawings,
samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled
checks, memoranda; accounting records; job cost reports; job cost liles (including complete documentation
covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts
earned; insurance rebales and dividends, and other documents relating in way to Claims or Change Orders,
Construction Change Directives, Work Directives, or other claims for payment related to the Poect
asserted by Contractor or any Subcontractor ("Accounting Becords'). Contractor shall exercise such
controls as may be necessary for proper financial management of the Work. Such accounting and control
systems shall comply with prevailing custom and practice for similar poects, be satisfactory to City and
shall include preservation of such records for a penod of five (5) years after approval of the Notice of
Completion and Acceptance by City, or for such longer period as may be required by applicable laws.
16.02 ACCESSTO RECoBDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon
twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to
the Poect that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 CONTRACTOR NONCOMPLIANCE,WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and '16.02, above, shall be a condilion precedent to
maintenance of any legal actron or arbitration by Contractor against City. ln addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in
the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any
payment to Contractor due under a current Application for Payment an additional sum of up to ten percent
(10%) of the total amounl set forth in such Application for Payment, until Contractor and its Subcontractors
have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such
compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be
released to Contractor.
16.04 SPECIFIC ENFORCEMENT 8Y CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent iurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
ARTICLE I6
cC.82 ol 87
IEND OF ABTICLE]
ABTICLE 1 T.MISCELLANEOUS PROVISIONS
17,01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Contractor shall give all notices required by govemmental authorities and comply with all
applicable laws and lawful orders of govemmental authorities, including but not limited to the
provisions of the Califomia Code o{ Regulations applicable to conlraclors performing
construction and all laws, ordinances, rules, regulations and latfful orders relaling to safety,
prevailing wage and equal employment opportunities.
B. Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the
Contract Sum, all local, state and federal taxes, including, without limitation all sales,
consumer, business license, use and similar taxes on matenals, labor or other items
furnrshed for the Work or portions thereof provided by Contractor or Subcontractors, all
taxes arising out of its operations under the Contract Documents and all benefits, insurance,
taxes and contributions lor social securrty and unemployment insurance which are
measured by wages, salaries or other remuneration paid to Contracto/s employees. lf under
federal excise tax law any transaction hereunder constitules a sale on which a lederal
excise tax is imposed and the sale is exempt from such excise tax because it is a sale to
meat for its exclusive use, then City, upon request, will execute documents necessary to
show that is a political subdivision of the State for the purposes of such exemption and that
the sale is for the exclusive use of the City, in which case no excise tax for such materials
shall be included in the Bid or Conlract Sum.
C. Notice ot Violations
Contractor shall immediately notify the City and Director in writing ol any instruction received
lrom the City, Director, Architect or other person or entity that, if implemented, would cause
a violation ol any applicable law or lawful order of a governmental authority. lf Contractor
lails to provide such notice, then Director and Architect shall be entitled to assume that such
instruction is in compliance with applicable laws and lawful orders of govemmental
authonties. ll Contractor observes that any portion of the Drawings and Specifications or
Work are at variance with applicable laws or lawlul orders ol govemmental authorities, or
should Contractor become aware of conditions not covered by the Contract Documents
which will result in Work being at variance therewith, Contractor shall promptly notity Director
in writing. lf, without such notice to Director, Contractor or any Subcontractor perlorms any
Work which it knew, or through the exercise ol reasonable care should have known, was
contrary lo larivlul orders ol govemmental authorities or applicable laws, then Contractor
shall bear all resulting losses at its own expense, at no cost to City and without adjuslment
to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
A. Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all
copies thereof) and all designs and building designs depicted therein are and shall remain
the sole and exclusive property of the City and the City shall solely and exclusively hold all
copyrights thereto. Without derogation the City's rights under this Paragraph, Contractor and
ARTICLE I7
GC-83 ol 87
Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use
and reproduce applicable portions of the Contract Documents and Submittals as appropliate
to and for use in the execution of the Work and for no other pupose.
B. Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, lnspectors
of Record and City's Consuftanls, a complete set ol the Contracl Documents that have been
approved by applicable Govemmental Authodties.
C. D,elivery to City
All Design Documents, Contract Documents and Submittals in the possession of Cantractor
or Subcontractors shall be retumed to the City upon the eadier of Final Completion or
termination of the Construction Contract; provided, however, lhat Contractor and each
Subcontractor shall have the right to retain one (1) copy of the Contract Documents and
Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all
subcontracts with Subcontractors, ol every tier, who perform Work on the Project
establishing, protecting and preseruing the, City's dghts set lodh in this Paragraph.
17.03 AMENDMENTS
Conlract Documents may be amended only by a written instrument duly executed by the parties or
their respective successors or assigns.
17.04 WATVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or
other provisions ol the Contract Documents at any time shall not in any way limit or waive that
party's right thereafter to enlorce or compel strict compliance with every term, covenant, condition
or other provisron, any course ol dealing or custom ol the trade notwithstanding. Furthermore, il the
parties make and implement any interpretation of the Contract Documents without documenting
such interpretation by an instrument in writing signed by both parties, such interpretation and
implementation thereof will not be binding in the event of any future disputes.
17.05 INDEPENDENTCONTBACTOB
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be
construed as constituting any relationship with City other than that ol Project owner and
independent contractor. ln no event shall the relationship between City and Contractor be
construed as creating any relationship whatsoever between City and Contractor's employees.
Neither Contractor nor any of its employees is or shall be deemed to be an employee of City.
Except as otherwise specilied in the Contract Documents, Contractor has sole authority and
responsibility to employ, discharge and otheMise control its employees and has complete and sole
responsibility as a principal for its agents, for all Subcontractors and for all other Persons that
Contractor or any Subcontractor hires to perlorm or assist in performing the Work.
ARTICLE I7
(lC-84 of 87
17.06 SUCCESSORSANDASSTGNS
Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their
permitted successors, assigns and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documenls,
including rights with respect to the Payment and Perlormance Bonds, to (a) any other
govemmental person as permitted by governmental rules, provided that the successor or
assignee has assumed all of City's obligations, duties and liabilities under the Contract
Document then in effect; and (b) any other Person with the prior written approval of
Contractor.
B. Contractor may collaterally assign its rights to receive payment under the Contract
Documents. Contractor may not delegate any of its duties hereunder, excepl to
Subcontractors as expressly otheMise permitted in the Contract Documents. Contractor's
assignment or delegation of any of its Work under the Contract Documents shall be
ineffective to relieve Contractor ol its responsibility for the Work assigned or delegated,
unless City, in its sole discretion, has approved such relief lrom responsibility.
Any assignment of money shall be sub,ect to all proper set-otfs and withholdings in favor
of City and to all deductions provided lor in the Conkact. All money withheld, whether
assigned or not, shall be subject to being used by City lor completion of the Work, should
Contractor be in default.
C. Except lor the limited circumstances set torlh in Paragraph '17.06-8, above, Contractor
may not, without the prior wrinen consent of City in its sole discretion, voluntarily or
involuntarily assign, convey, transfer, pledge, mortgage or otheruise encumber its rights
or interests under the Contract Documents. No partner, joint venturer, member or
shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise
encumber its ownership interest in Contractor without the prior written consent of City, in
City's sole discretion.
17.07 SURVTVAL
Contractor's representations and warranties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final
Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to creale any third party
beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit lor personal
injury or property damage pursuant to the terms or provisions hereof, except to the extent that
specific provisions (such as lhe warranty and indemnity provisions) identify third parties and state
that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the
parties to the Contract Documents with respect to such third parties shall remain as imposed by
law. The Contract Documents shall not be construed to creale a contractual relationship of any
kind between City and a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILIIY OF CITY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of City when
carrying out the provisions of or exercising the power or authority granted to them under the
ARTICLE I7
GC.85 ol 87
Contract. They shall not be liable either personally or as employees of City lor actions in their
ordinary course of employment.
No agent, consultant, Council member, officer or authorized employee ol City, shall be personally
responsible lor any liability arising under the Contract.
17.10 NO ESTOPPEL
City shall not, nor shall any oflicer thereof, be precluded or estopped by any measurement,
estimate or certificate made or given by the City representative or other officer, agent, or employee
ol City under any provisions of the Contract from at any time (either before or after the final
completion and acceptance ol the Work and payment therefoo pu6uanl to any such
measuremenl, estimate or certificate showing the lrue and correct amount and character of the
wo* done, and matenals furnished by Contractor or any person under the Contract or from
showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or
improperly made in any particular, or that the work and materials, or any part thereof, do noi in fact
conform to the Contract Documents. Notwithstanding any such measurement, estimate or
certificate, or payment made in accordance lherewith, City shall not be precluded or estopped lrom
recovering from Contractor and its Sureties such damages as City may sustain by reason of
Conkacto/s failure to comply or to have complied with the Contract Documents.
17.11 GOVERNING LAW
The laws of the State ol Calilornia govern the construction and interpretation of the Contract
Documents, without regard to conllict of law principles. Unless the Contract Documents provide
othen/vise, any reference to laws, ordinances, rules, or regulations include their later amendment,
modilications, and successor legislation. ll Contractor or City brings a lawsuit to enlorce or
interpret one or more provisrons ol the Conlract Documents, iurisdiction is in the Superior Court of
the County of Los Angeles, California, or where otheMise appropriate, in the United States District
Court, Central District of California. Contractor and City acknowledge that the Contract Documents
were negotiated, entered into, and executed-and the Work was perlormed-in the City ol Vernon,
California.
17,12 FURTHERASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents
and assurances as are reasonably requested by City to lurther evidence the obligations ol
Contractor hereunder, including assurances regarding assignments of Subcontractors contained
herein.
17..I3 SEVEBABILITY
lf any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having
proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such
clause, provision, section, paragraph or pa(, which shall, to the greatest extent legally permissible,
effect the oflginal intent of the parties, including an equitable adjustment to the Contract Price to
account for any change in the Work resulting from such invalidated portion; and (b) if necessary or
desirable, apply to the court or other decision maker (as applicable) which declared such invalidity
for an interpretation ol the invalidated portion to guide the negotiations. The invalidity or
unenlorceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance ol the Contracl, which shall be construed and enforced as if the
Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
ARTICLE 17
GC.86 o, 87
17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part
of the Contract or considered in construing the Contract.
17.15 ENTIRE AGBEEMENT
Contract Documents contain the entire understanding of the parties with respect to the subject
matter hereof and supersede all prior agreements, understandings, statements, representations
and negotiations between the pafties with respect to its subject matter.
17.16 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IEND OF ARTTCLEI
ARTICLE 17
GC-87 of 87
1.
EXHIBIT 1
Bond No.:
Premium Amount: $
Bond's Effective Date:
PERFORMANCE BOND
RECITALS:
The City of Vernon, California ("City'), has awarded to
(Name address, and lelephone of Contractor)
('Principal"),
a Contract (the "Contract') for the Work described as follows:
Contract No. :Proiect in Vernon, CA.
2. Principal is required under the terms of the Contract- and all contract documents referenced in it ('Contract
Documents')- to fumish a bond guaranteeing Principal's faithful performance of he Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into
this Bond and made a part of it by this reference.
OBLIGATIOT,I:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
a duly admitted surety insurer under California's laws, agree as follov{s:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City fie penal sum of
Dollars ($ ) ("the Bonded Sum'),
this amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's Calilornia DeparEnent of lnsurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal prompty and faihtully performs he undertakings,
terms, covenants, conditions, and agreements in the Confact and Confact Documents (including all their amendments and
supplements), all within the time and in the manner that those documents specify, hen this obligation becomes null and void.
Oherwise, this Bond remains in fullforce and effect, and he following terms and conditions applyto his Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contracl and
Contract Documents, as they may be amended and supplemented- including, but not limited to, Principal's liability for
liquidated damages, Warranties, Guarantees, Conection, and l\.4aintenance obligations as specified in the Contract and
Contract Documents- except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract
Documents, lhe guaranlees in this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly: (a) remedy the default, (b)complete the Prqect according to the Contract Documents'terms and conditions
then in eflect; or (c) using a procurement methodology approved by City, select a contractor or contractors- acceptable
to City- to complete all of the Work, and arrange for a contract between contracto(s) and City Surety shall make
available, as the Work progresses, sufllcient funds to pay the cost of completion less the balance of the Contract Sum,
and to pay and perform all obligations of Principal under the Contract and Contract oocuments- including other costs
and damages for which Surety is liable under this Bond- except that Surety's total obligation, as described here, will
not exceed the Bonded Sum.
('Surety"),
EXHIBIT I - PERFORMANCE BOND-1 of3
4 An alteralion, modification, change, addition, deletion, omission, agreement, or supplement h the Contract, Contracl
Documents, or the nature of the Wort performed under he Contract or Contract Documents- including, without
limitation, an extension of time for performance- does not, in any way, affect Surety's obligations under this Bond.
Surety waives any notice of alteration, modfication, change, addition, delelion, omission, agreement, supplement, or
extension of time.
5. Surety's obligations under this Bond are s€parate, independent from, and not contingent upon any other surety's
guaranteeing Principal's faithful performance of ffe Wort.
6. No right ol action accrues on his Bond to any entity other han City or its successors and assigns.
7. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay- in addition to the
Bonded Sum- City's reasonable attomeys' fees and litigation costs, in an amount he court fixes.
8. Surety shall mail City witten notice at least 30 days before: (a) the effective date on which $e Surety will cancel,
terminate, or withdraw from this Bond; or (b) bis Bond becomes void or unenforceable for any reason.
On he date set forh below, Principal and Surety duly executed trris Bond, $rith the name of each party appearing
below and signed by its representative(s) under he authority of its governing body
Date:
PRINCIPAL:SURETY:
(Company Name)(Compaoy Name)
(Signature)(Signaturc)
(Name)
By:
Its:
By:
Its:
(Name)
(Tifle)
Address for Serving Notices or Other D,ocumenb: Address for Serving Notices or Oher Oocuments:
oi0e)
CORPORATE SEAL CORPORATE SEAL
. 7H'S8O'VD/i'UST tr,OGA/IEDNTRIH.rcATE. AIIDENCE ttlJST BE ATTACHED OF TriE AUTHOHTY tr N,lY PERSOTV STGIYIIVG AS ATIORNEY.IWACL. THE ATIORNEYII*FACTS S,G,VAIURE]I,UST tr, ttOTANzED.. A CORNRATE SBlt itUSI 8E IiTPRESSED Otl 7H,S F0R[, WLIEN TttE PHNCtPtt- OR fllE SURE'N, OR
BOTII, ARE A CORpoRAITON.
APPROVED AS TO SURETY AND
AMOUNT OF BOt.IDED SUM:
APPROVED AS TO FORM:
By- Bv
Director of Public Works, Water & Development Services City Attorney
EXHIBIT I- PERFORMANCE BOND-2 Of 3
STATE 0F CALTFORNIA )
) ss.couNTYoF )
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
20-,
in fact of
name of
before me, (name), a Notary Public for said County,
personally appeared .(name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the aftomey
and acknowledged to me hat he/she subscribed the
thereto as principal, and his/he own name as
attomey in fact.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT I . PERFORMANCE BOND-3 Of 3
EXHIBIT 2
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
The City of Vernon, California ('City'), has awarded to
Bond No.:
Premium Amount: $
Bond's Effective Date:
1.
(Name, address, and telephone of oesign.Builde0
('Principal"),
a Contract (the'Contract") for the Work described as follows:
Contracl No. :Proiect in Vernon, CA.
2 Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract- and all
contract documents referenced in it ('Contract Documents")- to fumish a bond guaranteeing Principal's paying
claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the
Work.
3. The Contract and Conlract Documents, including all their amendments and supplements, are incorporated into
this Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surely)
("Surety"),
a duly admitled surety insurer under Califomia's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bonded Sum"),
this amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The Califomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's Califomia Department of lnsurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT, if Principal or a subcontractor fails to pay (a) any person
named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's
Unemolovment lnsurance eg!E, or any successor legislation, for work or labor performed under lhe Contract or
Contract Documents; or (c) any amount under UnemDlovment lnsurance ggdg Section 13020, or any successor
legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development
Deparlment from the wages of its employees, for work or labor performed under the Contract or Contract Documents,
fren Surety shall pay for fie same in an amount nolto€xceed the Bonded Sum. Othen ,ise, his obligation becomes null
and void. While this Bond remarns in full force and effect, the following terms and conditions apply to this Bond:
L This Bond inures to he beneft of any of the persons named in California Civil Code Section 3'181, or any successor
legislalion, givmg hose persons or their assrgns a right of action in any suit brought upon tris Bond, unless California elyll
Code Section 3267, or any successor legislation, applies.
EXHIBIT 2 - PAYMEN.T BOND-I of 3
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplemenl to the Contract,
Contact Documents, or he nature of the Work performed under he Contract or Contract Documenb- including,
without limitation, an extension of time for performance- does not, in any way, aflect Surety's obligations under
this Bond. Surety waives any notice ol alteration, modification, drange, addition, deletion, omission, agreement,
supplement, or extension of time.
3. Surety's obligations under this Bond are separate, independent fom, and not contingent upon any oher surety's
paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in
the Work.
4. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay- in addition
to the Bonded Surn- City's reasonable attomeys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel,
terminate, or withdraw from this Bond; or (b) his Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with he name of each party appearing
below and signed by its representative(s) under he authority of its goveming body.
Date:
PRINCIPAL:SURETY:
(Company ame)(Company Name)
(Signature)(Si9nature)
By:
Its:
By:
Its:
(Name)(Name)
oifle)
Address for Serving Notices or Oher Documents: Addrcss for Serving Notices or Oher Documents:
(Tifle)
CORPOMTE SEAL CORPORATE SEAL
. 7}I'S EOVD iI'UST BE AGCWED IN TRIPLICATE.. A nilCE LUST BE AmACHED OF THE AWHORITY OF ANY PERSO , Srcrt rrVGAS ATTORNEYIN+ACT.. IHE ATr0RNEY.$I.FACTS S,GMruRE [,UST BE TNTARIZED,. A CORPoRATE SEqt ,I'USI 8E ,iI'PRESSED ON fHlS FORM WHEiI THE PHNCIPAI. OR TrlE SIJRETy, OR
BOTH,AREAC0F,rcR/'T'ON.
APPROVED AS TO SUREW AND
AMOUNT OF BONDED SUM:
APPROVED AS TO FORM:
By- By
Director of Public Works, Water & Development Services City Attorney
EXHIBIT 2 - PAYMENT BOND-2 of 3
STATE OF CALIFORNIA
COUNTY OF
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
20-.,
SS
in fact of
name of
before me, (name), a Notary Public for said County,
personally appeared .(name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey
and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
attomey in fact.
I certify under PENALTY OF PERJURY underthe laws of the State of Califomia thatthe foregoing paragraph
is true and conect.
Notary Public
SEAL
EXHIBIT 2 - PAYMENT BOND-3 Of 3
1.
EXHIBIT 3
Bond No.:
Premium Amount: $
Bond's Effective Date:
MAINTENANCE BOND
RECITALS:
The City of Vernon, California ('City"), has awarded to
(Name, address. and telephone of Contracloo
("Principal"),
a Contract (lhe 'Contract') for the Work described as follows:
Contract No. i Proiect in Vernon, CA.
2. Principal is required under the terms of the Contract- and all contract documents referenced in it ('Contract
Documents')- after completion of fre Work and before the filing and recordation of a Notice of Completion for the
Work, to fumish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the
Contract Which shall hold good for a period of one (1) year fiom the date the City's Notice of Completion and
Acceptance of []e Work is fled wifi he County Recorder, to protect fie City against the result of faulty material or
workmanship during hat time.
3. The Contract and Contract Documents, including all heir amendments and supplements, are incorporated into
this Bond and made a pa( of il by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City he penal sum of
Dollars ($________________l (-the Bonded Sum"),
this amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The Califomia Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's Califomia Department of lnsurance License No. _
THE CONDITION OF THIS BOND'S OBLIGATION lS THAT if fre said Principal or any of his or her or its subcontractors,
or tre heirs, executors, administators, successors, or assigns or assigns of any, all, or eiher of them, shall fail to execute
within a reasonable amount of time, or fail to respond witrin seven (7) days with a written schedule acceptable to the City
for same, repair or replacement of any and all Work, together wih any other adjacent Work which may be displaced by so
doing, that proves to be defectve in its woftmanship or material for the period of one ('l) year (except when otheMise
required in the Contract to be for a longer period) from the date fre City's Notice of Completion and Acceptance, or
equivalent, is fled wih he County Recorder, ordinary wear and tear and unusual abuse or neglect excepted wi$ respect
to such Work and labor, the Surety herein shall pay for he same, in an amount not exceeding he sum specified in this
Bond.
1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors-
acceptable to City to complete all of the Work, and anange for a contract betr/een contracto(s) and City. Surety shall
make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all
obligations of Principal under the Contract and Contract Documents- including other costs and damages for rvhich
Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded
Sum.
EXHIBIT 3 MAINTENACE BOND-1 of3
2. Should tre mndition of this bond be fully perlormed, tren his obligation shall become null and void, oherwise it shall be
and remain in full force and effect.
3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition b he
terms of saiC Contract or to the Work to be performed thereunder or the specificalions accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby waive notice of any such change, e(ension, alteration,
or addition.
4. Surety's obligations under this Bond are separale, independent from, and not contingent upon any other surety's
guaranteeing Principal's faihful performance of the Work.
5. No right of action accrues on this Bond to any entity other than City or its successoG and assigns.
6. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay, in addition to tre
Bonded Sum, City's reasonable attomeys' fees and litigation costs, in an amount the court fixes.
7 Surety shall mail City Mitten notice at least 30 days before: (a) he efiective date on which the Surety will cancel,
terminate, or wifidraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
8. Death ofthe Principal shall not relieve Surety of its obligations hereunder.
On the date set foft below, Prinopal and Surety duly executed mis Bond, with the name of each party appearing
below and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:SURETY:
(Company liame)(Company Name)
(Signaturc)(Signature)
By:
Its:
By:
Its:
(Name)( ame)
0rue)
Address for Serving Notices or other Documents: Addr6s for Serving Notices or Other Oocuments:
Oitle)
CORPORATE SEAL CORPOMTE SEAL
. ,IflS @flD firsr E qECUIED N 7xfi.nAtE. A/DArcE nJ$ BE AffACllED tr lrE AUITIONN OFA YPERSO STcTUTIG AS ATIC,FJI€Y +fACT.. nE AfiORIFYJN+ACrS SGM?UE TSI E iOTARZED.. A CORtuF4IE SEAL lfl/Sl 8E ,TTPRESSED OIY fi S rcR WEtt rtE PQnrctPil- OR Dtr SUREII OR N)fH, ARE A
CORPORAI'ON.
APPROVED AS TO SURETY & AMOUT{T OF BONDED SUM: APPROVED AS TO FORM:
Director of Public Works, Water & Development Servic6 City Attorney
ByBy
EXHIBIT 3 - MAINTENACE BoND-2 of 3
STATE OF CALTFORNTA )
) ss.couNTYoF )
On this _ day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY.IN.FACT
20-,
in fact of
name of
before me, (name), a Notary Public for said County,
personally appeared (name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attomey
and acknowledged to me hat he/she subscribed the
thereto as principal, and his/he own name as
attorney in fact.
I ceilify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Notary Public
SEAL
EXHIBIT 3 - MAINTENACE BOND-3 of 3
EXHIBIT 4
INSURANCE REQUIREMENTS
I.(l REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain - and shall require each of its
Subcontractors to obtain and maintain - for the duration of the Agreement, policies of insurance meeting he following
requiremenb:
A. Workers' Compensation/Employe/s Liabilig lnsurance shall provide workers' compensaton
statutory benefits as required by law.
1. Employe/s Liability insurance shall be in an amount not less tEn:
(a) ONE_MILLIOI_D0LLARS_$]J0q!00 per accident for bodily injury or disease;
(b) ONE MILLION DoLLARS (S1.000.000) per employee for bodily injury or disease;
and
(c) oNE_UIILIQN.QS!!ABS_OL90S09Opolicylimit.
B. Commercial General Liability ("CGL") (primary). City and its employees and agenb shall be
added as additional insurcds, not limiting coverage for the additional insured to "ongoing operations" or in any way
excluding mverage for completed operations. Coverage shall apply on a primary, non+ontributing basis in relaton to
any other insurance or self-insurance, primary or excess, available to Cty or any employee, representative or agent of
City. Coverage shall not be limited to tre vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion,
collapse, or underground poperty damage.
1. CGL insunnce must not be written for less han the limits of liability specified as follows:
(a) 0NE_M!!L|0X.-DOLLARS-(U,0Qq080I per occunence for bodily injury (including
accidental death) to any one person;
(b) 3i!;"r.liffiffijiffi per occunence ror personar and
(c) ONE MILLION DOLLARS ($1.000.000) per occunence for property damage; and
(d) Mo_MILLIQNQqLLABS$2B09p0Ogeneralassresatelimit.
2. CGL insurance must include all major divisions of coverage and must cove[
(a)
:fiHT:r?.'fJr',,:lji!;''ots
t*o'o''on' corrapse' and Undersround [X'c'u"l
(b) lndependentContracto/sProtective;
(c) lndependentContractors;
EXHIBIT ,l INSURANCE REQUIREMENTS - 1 of 6
(d) Poducts and Completed Operations (maintain same limits as above untilfive (5)
years after recordaton of Notice of Completion)
(e) Personal and Adve(ising lnjury (with Employeds Liability Exclusion deleted);
(0 Confactual Liability (including specified provision for Contractois obligatron under
A cle 11 of the Genenl Conditions); and
(S) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad
as any underlying mverage. Coverage shall be provided on a 'pay on behalf basis, with
defense costs payable in addition to policy limib. There shall be no cross liability exclusion
and no contracto/s limitation endorsement. The policy shall have sta ng and ending dates
concunent with the underlying coverages. The Named lnsured may determine the layering
of primary and excess liability insunnce provided that if such layering differs from that
described here, the actual coverage program meets he minimum total required limits and
complies with all other requirements listed here.
C. Business Automobile Liability lnsurance
1. Business Automobile Liability lnsurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or nonowned. lf Contractor does not own any vehicles, this
requirement may be satisfied by a nonowned vehicle endorsement to the general and
umbrella liabilrty policies. Business Automobile Liability lnsuEnce coverage amounts shall
not be less than the following:
(a) ONE-MlttlQN IQLLABS-OLQ9Q'Q9O per occunence for bodily injury (including
accidental death) to any one person, and
(b) ONE MILLION DOLLARS ($1.000,000) per occunence for property damage; or
(c) ONE MILLION DOLLARS ($1.000,000) mmbined single limit .
D. Contractors Pollution Liability lnsurance (CPL) lF REQUIRED
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contracl Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of ContEctor, Coverage shall be
included on behalf ofthe insured for mvered claims arising out of the actions of independent
mntractors, lf the insured is using Subcontractors, the policy must include work performed
"by or on behalf'ofthe insured.
2. The policy limit shall provide coverage of no less than one million dollars ($,l,000,000) per
claim and in the agg€gate. Coverage shall apply to bodily injury; poperty damage,
including loss of use of damaged property or of property that has not been physically inured;
cleanup costs; and cosb of defense, including cosb and expenses incuned in the
investigatlon, defense, or settlement of claims.
ExHIBIT 4 INSURANCIj REQUIREMENTS - 2 of 6
3. All activilies mntemplated in the Contract shall be specifically scheduled on the CPL policy
as "covered operations." ln additron, the policy shall provide mverage forhe hauling of
waste ftom he Project site to the final disposal location, including nonowned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agenb shall be added to the policy as additional insureds by
endorsement.
E. Buildeds Risk. lF REoUIRED
1. Buildei s Risk lnsurance covering all real and personal property for "all risks" of loss or
'comprehensive perils" coverage including but not limited to fie perils of eartir movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the mnstruction at the site, off site,
or in b"ansrt, for the full replacement value of such properties. Covenage shall be included for
property of others in the care, custody or control offE insured for which any insured may be
liable. The City will purchase a builde/s nsk policy for he Poject instead of a contractor
purchased policy. Bidder should not include cost for this coverage in his/her bid.
2.0 GENERALREQUIREMENTS_ALLPOLICIES
A. Qualificatrons of lnsurer. At all times during the term of this Contract, Contractor's insurance
company must meet all of the following requiremenb:
1. 'Admitted" insurer by the State of California Deparbnent of lnsurance or be listed on the
Califomia Department of lnsurance's 'List of Surplus Line lnsurers' ("LESLl");
2. Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M. Best & Company minimum rating of "A:VI|".
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
cedficates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-lnsured Retentions. All deductibles or self-insured retentions are subject to
City's review and approval, in its sole discretton,
D. Commercial General Liability and Business Automobile insurance policies must be written on an
'occunence' basis and must add the City of Vemon and its officers, agenb, employees and representatives as
additional insureds.
E. Contracto/s lnsurance Primary. Other insurance (whether primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contracto/s insurance.
City's insurance, or self-insurance, or both, will not contribute with Contracto/s insurance policy.
F. Waiver of Subrogation. Contractor and Contractods insurance company waive- and shall not
exercise- any right of recovery or subrogation that Contractor or the insurer may have against City, or its
representatives, or both.
EXHIBITl INSURANCE REQUIREMENTS -30f6
G. Separation of lnsureds. Contnctor's insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits of liability.
H. Claims by Other lnsureds. Contractor's insurance policy applies to a claim or suit brought by an
additional insured against a Named lnsured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
l. Premiums. City is not liable for a premium payment or anolher expense under Contractor's policy
J. At any time during the duraton of this Contract, City may do any one or more of the following:
1. Review this Agreement's insurance cove€ge requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any
way connected with, the services of Contractor under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a
Califomia corporate surety, guaranteeing payment to City for liability, or costs, or both,
that City incurs during City's investigation, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interuption, from the Project's
commencement date to the Final Payment date, or until a date that City specifies for any covenage that Contractor
must maintain after the Final Payment.
L. Contractor shall not allow any insuEnce to expire, cancel, terminate, lapse, or non-renew.
Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's
cancellation, termination, non-renewal, or reductlon in coverage and ten (10)days before its insurance policy's
expiration, cancellation, termination, or non+enewal, Contractor shall deliver to City evidence of the required
coverage as proof that Conkactods insurance policy has been renewed or replaced with another insurance policy
which, during the duration of his Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's request, Contractor shall fumish satisfactory proof of each type of insurance
covenge required- including a certified copy of the insurance policy or policies; certifcates, endorsements, renewals,
or replacements; and documents comprising Contractor's self-insurance program- all in a form and content
acceptable to the City Attomey or City's Risk Manager.
N. lf Contractor hires, employs, or uses one or more Subcontracto(s) to perform work, services,
operations, or activities on Contractods behalf, Contractor shall ensure that the Subcontractor complies with the
Iollowing.
1. Meets, and fully complies with, this Agreement's insurance requirements; and
EXHIBITl INSURANCE REQUIREMENTS-4of 6
2. Fumishes City at any time upon its request, with a complete copy of the Subcontracto/s
insurance policy or policies for City's review, or approval, or both. Failure of City to
request copies of such documents shall not impose any liability on City, or iE employees.
O. Contracto/s failure to comply with an insurance provision in this Agreement mnstitutes a matenal
breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the
premrums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A. Contractor shall have its insurance canie(s) or self-insurance administrato(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contractor delivers
this Agreement to City. City will neither sign this Agreement nor issue a 'Notice to Proceed' until the City Attomey or
City's Risk Manager has reviewed and appoved all insurance documenb. City's decision as to the acceptability of all
insurance documents is final. Sample insurance documents in he City's appmved format are set forth in this !.
B, Required Submittals for Commercial General Liability and Business Automobile Insurance and
Contracto/s Pollution Liabilfty lnsurance. The following submittals must be on forms satisfactory to the City Attomey or
City's Risk Manager, and signed by the insurance car er or its authorized representative - which fully meet the
requirements of, and contain provisions entirely mnsistent with, all of the insurance requirements set forth herein.
1. "Certificate of lnsurance'
2.'AdditionallnsuredEndorsemenf3. Subrogation Endocement 'Waiver of Transfer to Righb of Recover Against Others"
Both Certificates of lnsurance and Additional lnsured Endosements must read as follows. 'The City of Vemon,
and its officers, agents, employees and representatives are included as additional insureds under he policy(s). This
insurance is primary to all other insurance of he City. The City's insurance and setf-insurance wll apply in excess of,
and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is brought. The issuing mmpany shall mail thirty (30)
days advance notice to the City for any policy cancellation, terminaton, non-renewal, or reduction in coverage."
C. Required Submittals for Workers' Compensation lnsurance, Contractor shall provide City with a
certificate of insurance and a subrogation endoBement on forms satisfactory to the City Aftomey or City's Risk
Manager, and signed by the insurance camer or its authonzed representative - which fully meet the requircments of,
and contain provisions entirely consistent with, this Contract's workers compensation insurance requiremenb. lf
Contractor is self-insured for workers' compensation, a mpy of the 'Certificate of Consent to Self-insure" from the
State of Califomia is required; or if Contractor is lawfully exempt from workers' compensation laws, an 'Affirmatron of
Exemption from Labor Code $3700'form is required.
D, Required Evidence of Buildeis Risk Coverage. City will provide a certificate of insurance and a
declaratrons page on a form satisfactory to the City Attomey or City's Risk Manager, and signed by the insurance car er
or its authorized representatrve. The policy terms must fully meet the requirements of, and contain povisions entrely
consistent with, allofthe insurance requirements set forth herein, The City shall be named asa loss payee on he
insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed,
maintained, repaired or supplied pucuant to this Contract.
EXHIBIT .I _ INSURANCE REQUIREMENTS - 5 of 6
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contnactor agrees to provide immediate notice to City of any claim or loss against Contnactor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third
party action ove/' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any "self-insured retention" must be declared and approved by City. City reserves the right to require
the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms
to avoid risk transfer are not acceptable. lf Contractor has such a program, Contractor must fully disclose such program
to City.
EXHIBIT !t - INSURANCE REQUIREMENTS - 6 of 6
EXHIBIT B
SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT
CITYWIDE TRAFFIC SIGNAL MAINTENANCE. CONTRACT NO. CS-054I
GENERAL
B- I .01 Scope of Work - The proposed project will consist of ongoing and regular field
preventative maintenance and repair of traffic signal equipment, as further described in this
special provision and Attachment "C" - Monthly Preventative Maintenance Tasks, and other
related equipment by truly trained and qualif,red personnel. [n addition, the Contractor shall
provide and maintain Emergency Service response of the City's forty-one (41) signalized
intersections on a 24-hour a day,7 days per week basis, including all holidays.
8-1.02 Contract Plans - The location map for City of Vernon Contract CS-0541 are shown on
Attachment "A". The written locations for the 41 signalized intersections for this project are
shown on Attachment "B".
8-1.03 Specifications - Traffic Signal, street lighting and materials shall conform to the
..GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(2OI2 Edition), State of California Department of Transportation (Caltrans) Standard Plans (2010
Edition) and the State of California Department of Transportation (Caltrans) Standard
Specifications (20 1 0 Edition).
8-1.04 Length of Contract - This shall be a three year contract beginning upon City Council
approval.
B- 1.05 Delays and Extensions of Time - The provisions of Section 6-6 entitled "Delays and
Extensions of Time" of the Standard Specifications shall apply except as modified and
supplemented below.
The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall 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
City Engineer. The length of contract time stipulated includes any time which may
be required to obtain materials, equipment and labor, and the Contractor in
submitting a bid shall be deemed to have ascertained the availability of materials,
equipment and labor and considered same in his proposed construction schedule.
B- 1.06 Ouality of Work - The provisions of Section 4- 1. 1 entitled "Materials and Workmanship"
of the Standard Specifications (2012) shall apply. In addition, any work deemed unacceptable by
the City Engineer, whether a cause is determined or not shall be repaired or replaced by the
Contractor at his expense.
cs-0541 1of 9
EXHIBIT B .SPECIAL PROVISIONS
8-1.07 Liquidated Damases - As stated in Section 3.07 in Exhibit A - General Conditions,
the Contractor shall pay the sum of $500.00 for each day past the first seven (7) working
days of each month for non-completion of the Routine Maintenance-Inspection and
Cleaning work. Contractor shall pay to the City, or have withheld from monies due it, the
sum of $f00.00 for each hour late when responding to emergency situations.
B- 1.08 Unit Prices - All costs not covered by specihc unit prices but required for a complete job
in place, shall be included in the items most related to the work.
B-2.01 Scheduling of Work - The Contractor shall submit his preventative maintenance work
schedule to the City Engineer at the pre-construction meeting. This schedule must be reviewed
and accepted by the City Engineer before the Contractor will be permitted to begin work. The
Contractor shall give 48 hours' notice to the City Engineer prior to the start of the work.
B-2.02 Working Days - All preventative maintenance work shall occur Monday thru Thursday
between the hours of 7am-3:30pm, excluding emergency work. The Contractor shall perform
said Monthly Maintenance during the first seven (7) working days of each month.
8-3.01 Traffic Requirements - General - Before any partial or total closure of any street, the
Contractor shall be required to obtain the approval of the City Engineer.
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe
and continuous passage for pedestrian and vehicular traffic at all times, unless previously
approved by the City Engineer. The contractor shall provide and maintain all necessary flagmen,
barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest
publication of the State of California, Division of Highways, Trafhc Manual or as required by
the City Engineer to insure safe passage of trafhc.
In addition to the requirements of the "MUTCD" handbook, the City Engineer may require
flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to
ensure driver awareness and safety in the construction area. Further, the Contractor shall provide
Type II or Type III barricades and delineators at locations as determined by the City Engineer.
The Contractor shall maintain continuous access to all businesses within the project limits. Any
closed access or drive approach shall be immediately restored when the construction operation
that necessitated such closure is completed. The following is a partial list of factors required to
comply with this access requirement:
a. Where a business or residence has more than one two-way drive, continuous access to at
least one two-way drive shall be maintained at all times.
b. [n addition to the above, the Contractor shall be required to place trench plates over the
excavated areas to allow temporary access to businesses when necessary.
8-3.02 Traffic Requirements - Specific for this Project - In addition to the general specific
requirements of Section 8-3.01 of these Specifications, the following provisions shall apply
unless otherwise directed by the City Engineer.
a. Except for emergency work, the Contractor shall submit detour plans to the City
Engineer for approval at least (10) ten calendar days prior to any proposed shutdowns
cs-0541 9of9
EXHIBIT B .SPECIAL PROVISIONS
where traffic flow has to be diverted. This will not apply for emergency responses.
The posting of "NO PARKING" signs within the construction limits is permitted with the
approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning.
These signs shall be furnished and maintained by the Contractor and shall be of the type
approved by the City Engineer. Each sign posted shall have the date and time indicating the
duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City
Engineer. New signs shall be posted when changes occur in the parking prohibitions indicated on
the previously posted signs.
Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall
not be attached to trees or taped to street light or traffic signal poles. The signs shall be effective
for no more than three (3) calendar days and shall be removed within 24 hours after the work is
complete. All signs, lights and other warning devices used shall be in accordance with State of
California Business and Transportation City Department of Public Works Manual of Warning
Signs, Lights and Devices for Use in Performance of Work on Highways. Contractor's costs for
all the above signs shall be considered as included in the appropriate items and no extra
compensation will be paid.
8-4.01 Extra Work - tn the event the City and the Contractor are unable to negotiate an agreed
price for extra work, which is acceptable to both parties, payment shall be made based on time
and materials as follows:
a. Work by the Contractor: The following percentages shall be added to the Contractor's
cost and shall constitute the markup for all overhead and profits:
1. Labor
2. Materials
3. Equipment Rental
4. Other Items and Expenditures
207o
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b. Work by the Subcontractor - When all or any part of the extra work is performed by a
subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless
of the number of tiers of subcontractors used. In addition, a markup of lO-percent on the first
$5,000 of extra work and 5-percent on work in excess of $5,000 may be added by the Contractor.
B-4.O2 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.
cs-0541 9of9
EXHIBIT B .SPECIAL PROVISIONS
B-5.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon
businesses.
Requirements - General:
l. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard
Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely
and continuous manner. As such, once construction is started in a work area, the Contractor
will be required to work continuously in that work area until construction has been completed
and the work area is open and accessible to both vehicular and pedestrian traffic in a manner
approved by the City Engineer before the next stage of work will be allowed to begin.
2. Once construction is started in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if doing so,
in the opinion of the City Engineer, delays the completion of the work presently under
construction.
3. The Contractor shall maintain continuous access to all residents and businesses within the
project limits, including drive approaches, unless the Contractor has obtained the approval of
the City Engineer to close either such access or drive approach.
4. No stockpiling of material and construction equipment on public streets or sidewalks will
be permitted on this project unless approved by the City Engineer. Material and equipment
placed on public streets, sidewalks and on the construction areas shall be used the same day.
B-8.01 Character of Workers - [f any subcontractor or person employed by the Contractor shall
appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly
or otherwise objectionable manner, he shall be immediately discharge from the project on the
requisition of the City Engineer, and such person shall not be reemployed on the work. If said
individual has an ownership interest in the contracting entity, the City Engineer will serve
written notice upon the Contractor and the Surety providing the faithful performance bond, in
accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding
complete and satisfactory compliance with the Contract.
8-9.01 Examination of the Site - The Contractor is required to examine the site and judge for
themselves the location, physical conditions, substructures, and surroundings of the proposed
work.
B-9.02 Mobilization - The cost of all preparatory work and operations for the multiple
movements of personnel, equipment, supplies, and incidentals to the project site must be
included in the various bid items, and no extra compensation will be paid to the Contractor.
8-9.03 Dust Control - Throughout all phases of construction, including suspension of work, and
until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning,
sweeping and sprinkling water, or other means as necessary when requested by the City. Failure
of the Contractor to comply with the City Engineer's cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation nor extension of
cs-0541 9of9
EXHIBIT B -SPECIAL PROVISIONS
contract completion time will be allowed as a result of such suspension. The cost of furnishing
and operating dust control during the construction project must be included in the various bid
items, and no extra compensation will be paid to the Contractor.
8-9.04 Temporary Water Meter - If necessary, the Contractor shall obtain a temporary water
meter from the City of Vernon Water Department by placing a deposit of $1000.00. 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.
B-9.05 Cleaning of Site During Construction - During construction, all existing improvements
adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.
The Contractor will be responsible for such cleaning.
8-9.06 Final Cleaning of Site and Restoration - The Contractor shall be responsible for cleaning
and restoration of all damaged existing improvements such as sidewalk, driveway, curb and
gutter, and private property at no cost to the City.
The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. 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.
B- 10.01 Best Management Practices (BMP's) - The Contractor shall submit a copy of their Best
Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the
beginning of any work.
The Contractor is hereby notified that specihc construction practices in the Standard Specihcations,
Section '7-8.6.2, "Best Management Practices (BMPs)" are considered to be Best Management
Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work,
and as are specifically required by the Plans or Special Provisions. The Contractor shall not
commence activity until the BMP submittal has been reviewed and approved.
8-11.01 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
intemrption of public services. Unforeseen conditions may arise which will require that
immediate provisions be made to protect the public from danger or loss, or damage to life and
property, due directly or indirectly to prosecution of work under this contract. Whenever, in the
opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient
precaution of public safety, protection of utilities, and/or protection of adjacent structures or
property, the City 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 City
Engineer, or in the event of an emergency situation, the City Engineer may provide suitable
protection by causing such work to be done and material to be furnished as, in the opinion of the
City Engineer, may seem reasonable and necessary.
cs-0541 9of9
EXHIBIT B -SPECIAL PROVISIONS
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.
ROUTINE MAINTENANCE
The Contractor shall enact a continuing comprehensive maintenance program designed to
eliminate or reduce any incidence of malfunctions, complaints, and extension of the useful life of
the City's traffic signal equipment. The program shall include at a minimum the following:
8-12.01 Monthly and Annual Preventative Maintenance - The Contractor shall provide monthly
and annual preventative maintenance on the forty-one (41) signalized intersections per the list of
tasks in Attachment('C". The Contractor shall complete Monthly Preventative Maintenance
Checks per the list for each maintenance inspection and shall indicate the minimum work
required for each item. The contractor shall maintain a record of all service calls and work
performed upon the signal equipment, listing dates, hour of day and description of service work
performed. A copy of such record shall be maintained at all times within the controller cabinet at
each signal location. A log sheet giving a brief description of all routine and extraordinary
maintenance activities shall be attached to each monthly invoice. A monthly report of activities
for each intersection's events, sorted by time, is to be included in the reports requested by the
City. This is to be accompanied by a report of all activities sorted by time as well. The
Contractor shall maintain electronic records of the completed checklist form for each
intersection in the Contractor's MMS throughout the term of this contract. The Contractor is
encouraged to make available via a web interface electronic records of the completed monthly
preventative maintenance checks as well as activity reports in real time.
The Contractor shall maintain two sepa-rate logs at each signalized intersection under this
contract. One log shall detail each monthly and preventative maintenance inspection by the
Contractor. The Contractor shall complete at a minimum on this log, the inspection date, arrival
time, departure time, type of inspection, any findings or repairs, and the Contractor's employee
name or ID. The other log shall detail any extraordinary repairs or service calls for the
intersection. This log shall detail the nature of the emergency/service call, the Contractor's
findings, the repair made, Repair Order number, if applicable, arrival time at the intersection,
departure time, and the Contractor's employee name or ID. All information must be collected
and submitted with the monthly invoice.
8-12.02 Traffic Signal Control Equipment- The Contractor shall repair, replace or otherwise
render in good working order any and all defective parts of all traffic signal control equipment.
Whenever the Contractor replaces any defective parts on either a temporary andTor permanent
basis, the Contractor shall identify the parts being replaced by manufacture's make and model.
Furthermore, the Contractor shall only use new parts for permanent replacement. Exceptions to
this requirement shall only occur on an individual basis upon advance written approval from the
City.
No permanent changes of traffic signal control devices shall be done without prior written
approval from the City. tn addition, any changes shall also be indicated on the maintenance or
repair log within the traffic signal controller cabinet. The Contractor agrees to notify the City in
cs-0541 9of9
EXHIBIT B .SPECIAL PROVISIONS
advance of any planned or scheduled traffic signal turn-offs/ turn-ons only upon prior written
approval by the City.
8-12.03 New Installation or Deletions- The Contractor shall maintain any new traffic signal
equipment and any other related devices, which are installed for or by the City throughout the
term of the contract. These devices will be deemed to be added to the existing signalized
intersections listed on Attachment "B" when the City notifies the Contractor of the installation
thereof. These added devices, regardless of the complexity and technology shall be maintained in
the same manner and for the same flat rate as those devices already covered by the contract.
Should responsibility for the maintenance of any current or future traffic signal device cease to
be the City's, the City will notify the Contractor in writing of the last date to perform
maintenance.
EXTRAORDINARY MAINTENANCE
B-13.01 Definitions- Extraordinary maintenance shall consist of but not be limited to the
following:
a. Repair or replacement of failed or malfunctioning parts of the signal system if caused
by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street
construction, or excavation.
b. Minor upgrading or installations as directed by the City.
c. Replacement of detector loops including saw cut lead-ins as required.
d. Replacement of pedestrian indications.
e. lnstallation of complete new pedestrian heads.
f. Installation or replacement of pedestrian push buttons.
g. Installation of new traffic signal heads.
h. Installation of Light Emitting Diodes ( LED's) as directed by the City representative.
B- 13.02 Notihcation- The Contractor shall contact the Public Works Director or his
representative regarding any extraordinary maintenance work except emergency repairs and seek
his/her prior approval in writing before the work is scheduled. The Contractor shall notify the
City representative by telephone at least twenty-four (24) hours in advance before any work is
commenced, except in emergencies where injury or property damage may result without prompt
response.
B-13.03 Emergencies- The contractor shall respond immediately to emergency calls such as a
total blackout, when directed by the City, and dispatch the qualified personnel and equipment to
reach the site within two (2) hours under normal circumstances.
For the emergency repair of a signal, which is totally blacked out, the following procedure of
traffic control shall apply:
a. The Contractor shall dispatch qualified personnel and equipment to reach the site
within two (2) hours under normal conditions. The Contractor's vehicles shall carry
traffic cones, flashing iurow boards, traffic warning signs, etc., which shall be used
when directing traffic during an emergency and/or when deemed necessary by the
signal technician, the City Engineer or his representative.
b. If no police officer is present and temporary stop signs have been set up when the
contractor arrives at the site, the Contractor shall set up more traffic warning and
cs-0541 9of9
EXHIBIT B .SPECIAL PROVISIONS
control devices, if deemed necessary, and proceed to repair the signal. After the signal
is back in operation, the Contractor shall set the intersection in flash, remove all of
the temporary traffic control devices and place those devices owned by the City off to
the side of the road and then switch the intersection back to normal operation.
c. [f a police ofhcer is still at the site when the Contractor arrives, the Contractor shall
quickly examine the signal, evaluate the situation and discuss it with the police
ofhcer. If the repair will take only a few minutes, the police officer may stay to
continue to direct traffic while the contractor repairs the signal. If the repair will take
longer than the ofhcer can wait, the Contractor shall immediately set up necessary
traffic control devices and other necessary warning devices and relieve the police
officer.
B- 13.04- Method of Payment- Upon receipt of an itemized invoice within thirty (30) days of
completion of the work, City shall compensate Contractor for such repairs required beyond the
scope of routine maintenance as follows:
a. Materials- The city shall pay the Contractor for materials used in extraordinary
maintenance per the bid items on the Bidder's Proposal plus the percentage markup
specified in this agreement NOT TO EXCEED lS%o. All materials and parts shall
be new or have the approval of the City Engineer, if otherwise. The City has the right
to inspect the Contractor's records to verify any material costs used in extraordinary
maintenance.
b. Direct Labor- The Contractor shall present with their monthly invoice with a record
of hours spent in extraordinary maintenance of traffic signals and appurtenances per
intersection. City shall pay the Contractor for such hours of extraordinary
maintenance at the rates specihed in this agreement. Said hourly rates shall be the
total cost to the City. Rates shall include all compensation for wages, profit,
overhead, any fringe benehts such as employer payments to, or on behalf of workmen
for health and welfare, insurance worker's compensation, pension, vacation, sick
leave or any local, State, Federal or union tax or assessment.
c. Equipment- The City shall pay Contractor for equipment used in extraordinary
maintenance on a per trip basis as specified in this agreement. The listing of per trip
equipment rates shall constitute total rates to be paid by City when specified
equipment is used. No additional payments of any kind shall be paid for equipment
except as specified in this agreement of per trip rates as stated. No additional
compensation shall be paid for transporting the equipment to or from the job site.
B-14.01- Rewire- Rewire of any intersection will be charged on a time and material basis. Prior
to any work of this type, a written proposal will be submitted by Contractor and approved by the
Director of Public Works before any work commences.
8-15.01- Knockdowns- All knockdowns (except for a Type I-A pole) will be charged on a time
and material basis. A written proposal will be submitted by Contractor and approved by the
Director of Public Works for the replacement of any damaged poles or mast arms before the
order is placed.
cs-0541 9of9
EXHIBIT B -SPECIAL PROVISIONS
I. GENERAL MISCELLANEOUS
RECORDS
The contractor shall maintain a record of all service calls and work performed upon the
signal equipment, listing dates, hour of day and description of service work performed. A copy
of such record shall be maintained at all times within the controller cabinet at each signal
location.
A log sheet giving a brief description of all routine and extraordinary maintenance
activities shall be attached to each monthly invoice.
A monthly report of activities for each intersection's events, sorted by time, is to be included in
the reports requested by the City. This is to be accompanied by a report of all activities sorted by
time as well.
NOTIFICATION
The Contractor shall notify by telephone, the Public Works Director or his authorized
representative, within 24 hours of the alteration of the operation of any signal or the installation
or removal of any substitute controller or component.
SHUTDOWNS
The Contractor shall notify the Vernon Police Department and the Public Works Director
or his authorized representative of any signal turn-offs or turn-ons necessitated by his operations
and shall not make said turn-offs or turn-ons until a police officer is present or unless given
permission to proceed without police control by the City Engineer or his authorized
representative.
COMPENSATION FOR ROUTINE MAINTENANCE
The City will compensate Contractor at the agreed price per signalized intersection per
month. Said compensation shall include all services rendered, labor, materials, equipment,
overhead and profit. Delays due to Contractor are subject to liquidated damages as specified in
the specifications (Section B- 1.07).
ADDITIONS TO SYSTEM
The Contractor shall maintain, at the same unit price, additional traffic signals and
appurtenant devices as they are installed, or become a part of the maintenance requirements of
the City. In the event that notification is made of a new installation at the together than the
beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day
the Contractor is notified.
TYPES OF SIGNALS
The agreed upon prices for both routine and extraordinary maintenance shall apply to all
types of signal controllers, accessories and systems as may exist in the City now or that may be
installed during the life of the contract.
cs-0541 9of9
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ATTACHMENT (CB))
VERNON SIGNALIZED INTERSECTIONS
1. 26'" sTREET @ BONNIE BEACH PLACE
2. 37TH STREET @ SEVILLE AVENUE
3. ALCOA AVENUE @ FRUITLAND AVENUE
4. ALCOA AVENUE @ LEONTS BOULEVARD
5. ATLANTTC BOULEVARD @ 3030 ATLANTTC
6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD
7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD
8. BANDTNT BOULEVARD @ r-7r0 OFF-RAMP
9. BANDINI BOULEVARD @ BONNIE BEACH PLACE
10. BANDTNT BOULEVARD @ PENNTNGTON WAY
11. BANDINI BOULEVARD @ SIERRA PINE AVENUE
12. BANDTNT BOULEVARD @ SUNOL/AYERS
13. BOYLE AVENUE @ FRUITLAND AVENUE
14. BOYLE AVENUE @ LEONTS BOULEVARD
ls. BOYLE AVENUE @ RANDOLPH STREET
16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE
17. DOWNEY ROAD @ DTSTRTCT/LEONIS BOULEVARD
18. DOWNEY ROAD @ FRUITLAND AVENUE
19. DOWNEY ROAD @ VERNON AVENUE
20. PACIFIC BOULEVARD @ FRUITLAND AVENUE
21. PACIFIC BOULEVARD @ LEONIS BOULEVARD
22. sANTA FE AVENUu q 2sr r26rH sTREET
23. sANTA FE AVENUu qztffi sTREET
24. SANTA FE AVENUu qz\" STREET
25. sANTA FE AVENUE q 31" STREET
26. SANTA FE AVENUe 6 38t' STREET
27. SANTA FE AVENUE @ VERNON AVENUE
28. SANTA FE AVENUE @ PACIFIC BOULEVARDA/ERNON AVENUE
29. SANTA FE AVENUT q +zo sTREET
30. SANTA FE AVENUE @ FRUITLAND AVENUE/5IS, STREET
31. sANTA FE AVENUE q 55" sTREET
32. SLAUSON AVENUE @ ALCOA AVENUE
33. SLAUSON AVENUE @ BOYLE AVENUE
34. soro STREET @26'^ sTREET
3s. soTo STREET @ FrRE STATTON #3
36. soro STREET @37'^ sTREET/BANDINI BoULEVARD
37. SOTO STREET @ FARMER JOHN DRIVEWAY
38. SOTO STREET @ FRUTTLAND AVENUE
39. SOTO STREET @ LEONTS BOULEVARD
40. soro STREET @ VERNON AVENUE
41. WASHTNGTON BOULEVARD @ HOBART YARD DRTVEWAY
ATTACHMENT 4C))
MONTHLY PREVENTATIVE MAINTENANCE TASKS
I. ROUTINE MONTHLY MAINTENANCE
GENERAL:
It is the intent of the City of Vernon that the City's 4l traffrc signals are maintained so as to
provide the motoring public with a minimum of inconvenience caused by the failure of any
signal components, and to present a well-kept signal installation.
All traffic signal work: shall be performed in accordance with the current Standard Plans and
Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the
State of California, Department of Transportation and the current City Standard Traffic Details.
This maintenance shall be extended to include future signal installations at the proposed unit
prices.
The following is a list of tasks to be completed for each intersection on a monthly basis. , !
CONTROLLER CABINET. :
CONTROLLER CABINET MOUNTNG:
Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not
to distort the cabinet door opening by over tightening.
CONTROLLER CABINET FOUNDATION SEAL:
If standing water or evidence of water is present inside the bottom of the cabinet, check the seal
between the bottom of the cabinet and the foundation for deterioration; report the need for a
reseal, as necessary.
DOOR GASKETS:
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for
evidence of moisture or deterioration. Report the need to completely replace any gaskets
showing signs of leaking or deterioration.
CABINET VENTS:
Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure
that they are free of any foreign material.
AIR FILTER:
Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged.
For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters
require no replacing unless damaged.
CABINET FAN:
Verify that the cabinet fan operates properly with a minimum of noise.
CS-0541 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 'l of 5
THERMOSTAT:
Verify that the cabinet fan thermostat is set at 100 degrees.
INTEzuOR LIGHT:
Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for
proper operation.
DOOR PANEL HARNESSES:
Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet
door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if
necessary.
HINGES AND LOCKS:
Check for free movement of all doors, latching assemblies and locks on the controller cabinet,
service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove
any excess. City will specify the oil for this purpose which does not attract dirt or leave residue.
VACUUM CABINET:
Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior
of the cabinet, including the police panel.
INSECT NFESTATION:
Check for any signs of ants, wasps or other insects within the cabinet and report any positive
findings for the City to take the necessary steps for extermination and prevention.
CABINET GROUNDING:
Using appropriate equipment, check during the lst month of the contact and then annually the
resistance between AC and Ground.
SERVICE CONNECTIONS:
Verify that the neutral, ground and power connections are secure in the controller and service
cabinets.
PLUG-IN COMPONENTS:
Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly
and securely.
TERMINAL CONNECTIONS:
Test during the 191 month of this contract and then semi-annually or following any wiring
repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.
GROTIND FAULT RECEPTACLE:
Verify the proper operation of "Test" and "Reset" buttons on GFI tlpe outlets.
INTERSECTION RECORDS:
CS-0541 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 2 of 5
Ensure that all intersection cabinet wiring diagrams are present Notify City representative if
updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the
reason for the call/work and results or work accomplished by date and time.
CONTROLLER OPERATION:
Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or
the controller key pad, to verify controller servicing of each active phase. Check controller logs
for any faults that may have occurred and take notes for the file.
CONFLICT MONITORIMALFUNCTION MANAGEMENT UNIT:
Verify time and dates are correct in any CMUA{MU with an intemal clock and for proper
operation of the unit.
DETECTOR OPERATION:
Verify the detection zones for each detector by observing the turn-on of the appropriate detector
indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is
placed on the correct controller phase. Verify detection zone vertically above loops whenever a '
problem has occurred.
EQUIPMENT DISPLAYS AND INDICATORS:
Verify that all video, LED and LCD displays and indications on all cabinet equipment are
working properly.
SYSTEM TELEMETRY:
Check operation of telemetry on controller display and modem, if equipped, located in the
cabinet. Report any malfunction immediately.
EMERGENCY VEHICLE PREEMPTION (EVP):
Verify that the EVP is operating with the use of a strobe light. Report any malfunction
immediately.
INTERSECTION WALK-AROUND :
GENERAL:
Remove any easily removed, unauthorized signs and posters and report all graffiti existing on
signal poles or equipment.
SIGNAL HEADS:
Verify that all vehicle and pedestrian signal heads properly display all indications and the signals
are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all
backplates, visors and doors are visibly secure.
PEDESTRIAN EQUIPMENT:
cs-054'l Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 3 of 5
Check all pedestrian push buttons and signals by band to ensure that they are securely mounted
and operating properly. Contractor will maintain a supply of ADA push buttons, as these are to
be repaired immediately on discovery and reported to City staff.
MISCELLANEOUS:
Check operation of safety lighting using the manual test switch located in the service cabinet
Visibly check all signal-mounted signs and advance warning signs/beacons for deterioration,
proper mounting, alignment and operation;
Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing.
Check all detector loops for sealant deterioration, exposed wire, etc.
Record any problems or irregularities and take corrective action as soon as possible, for
contractor provided services.
Visibly check pullboxes for evidence of ants and gophers. Report any positive findings.
LAMPS AND LIGHTING:
When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged,
defective or past its useful life, the lamps/module shall be replaced without charge for labor or
equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully
compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June
21,2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight
(1 6x1 8), part number 430-6479-00 1X.
Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or
inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements
of ANSI STD. C78. The Contractor shall during the lst of this month clean and polish all lenses
and reflectors including illuminated street name signs and safety lights. The contractor shall
replace burned out lamps as they occur under extra work charges.
ANNUAL CONFLICT MONITOR TESTING:
Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for
testing and certification. It is suggested that ten (10) monitors be replaced and the originals be
submitted for testing and certification on a rotating basis over 11 months. Printed certification is
to be provided for each conflict monitor/malfunction management unit. The contractor will have
available 6 spare MMU's arrd 4 spare CMU's for rotation use in testing. Testing of conflict
monitors shall be included in price proposal for routine maintenance.
PAINTNG:
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller
housing (if already painted) on an annual basis, unless directed otherwise by the City. Repainting
shall be completed in March each year and shall be conducted by spray painting methods. Colors
as specified by the City. For those controller cabinets that have metal finishes, the Contractor
shall wipe clean controller with detergent and shall apply clear protective coating. Detergent and
coating per manufacturer's requirements.
cs-0541 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 4 of 5
ROUTINE EMERGENCY SERVICES:
The Contractor shall maintain a twenty-forr (24) hour per day emergency service for the
replacement of burned-out signal and safety lamps, adjustment of turned heads, repair of
controller malfunctions or any damage creating a public hazard. The Contractor shall repair
parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition.
This telephone number is to be made available to all persons designated by the City.
The Contractor shall make immediate service calls on an emergency basis, responding within
two (2) hours in the event of malfunctions of the controller or signal system or turned head. The
replacement of burned-out signal lamps, internally illuminated street name sign lamps, or safety
lights need not be on an emergency basis provided that there are at least two (2) indications still
operative for each direction of travel. Such replacements shall be handled as soon as possible but
in no case more than 48 hours.
All labor, materials, equipment, travel, and parts for routine emergency service shall be included
in the routine maintenance proposal price per signalized intersection per month, and no
additional compensation will be allowed.
cs-0541 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 5 of 5
EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Livino Waoes:
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 Unoaid Davs 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 unmmpensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to he City with regard to the employe/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 violatrons, and aftomey's fees, or to compel City officials to terminate the
service contract of violating employers.
D
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor certifies and represents that, during the performance of this Agreement, Contractor and each
Subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are keated 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.
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 Opprtunity Employe/' or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, certfy that it has not, in the performance of this
Agreement, discnminated against applicants or employees because of their membership in a protected class.
Contractor agrees to provide he 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.
Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
pohibited by law.
RECEIVED
APR 0 8 20t5
CITY ADMINISTRATION
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVI
April21,2015
TO: Honorable Mayor and City Council
PREPARED BY: Lissette Melendez, Associate Engineer
APPROVED BY: Samuel Kevin Wil ector of Public Works, Water & Development Services
RE: Easements for Public Road - Two Easements Located at 5119 District Boulevard
Recommendation
It is recommended that the City Council:
A. Find that the acceptance of the Easements for Public Road proposed in this staff report
are categorically exempt under the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
B. Accept the Easements for Public Road, in substantially the same form as attached to this
staff report, and authorize the Mayor to execute said documents.
Backqround
The Department has received two fully executed Easements for Public Road by 5119 District
Boulevard [nvestors LLC, a Delaware limited liability company for the property located at 5119
District Boulevard, portions of assessor's parcel numbers 6314-001-900, 901, 902 and 6314-003-
900. The property at the above mentioned location is being redeveloped and the easements are for
street purposes along District Boulevard and Atlantic Boulevard.
The easements have been reviewed and approved as to form by the City Attorney's Office.
Fiscal Impact
Acceptance of the proposed Easements has no fiscal impact.
SKW:lm
Attachment
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
EASEMENT FOR PTIBLIC ROAD
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
5119 District Boulevard fnvestors LLC, a Delaware limited liabilify company
(the "Grantor")
HEREBY GRANT(S) TO:
Cify of Vernon, a body corporate and politic (the 66Grantee")
An easement for public road over, across and under all that real property situated in the City
of Vernon, County of Los Angeles, as described in Exhibit "A" attached hereto and
incorporated herein by this reference, and as more particularly shown on the map attached
hereto as Exhibit "B" and incorporated herein by this reference. This easement is on a portion
of the property owned by the Grantor.
\N
,2015
GRANTOR:
5l 19 Drsrnrcr BoULEVARD INVESToRS LLC,
a Delaware limited liability company
By: PI District, LLC,
a Delaware limited liability company,
its Managing Member
By: Pacific lndustrial, LLC,
a Delaware limited liability company,
its Manager
06683\048\69823 70.v2
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Californiac;t"r' "-'--LOl
Hfi/olr-.
o" ltldrrll 2S rlSuefore me,
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/herltheir 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)
(nsert Name ofNotary Publ
06683\048\69823 70.v2
EXIIIBIT A
Legal Description of Easement Property
BEING THAT PORTION OF LOT 67 OF TRACT NO. 7923, IN TIIE CITY OF VERNON, COUNTY OF
LOS ANGELES, STATE OF CALIFORMA, PER MAP RECORDED IN BOOK I 13, PAGES 80
THROUGH 83, INCLUSIVE, OF MAPS, AND THAT PORTION OF RANCHO SAN ANTONIO PER MAP
RECORDED IN BOOK 1, PAGE 389 OF PATENT, SHOWN AS ''NOT A PART OF THIS SUBDIVISION'
ON SAID TRACT NO. 7923, ALL TN THE OFFICE OF TT{E COUNTY RECORDER OF SAID COLINTY,
DESCRIBED AS FOLLOWS:
BEGTNNING AT THE INTERSECTION OF TI{E SOUTHEASTERLY LINE OF PASADENA AVENUE
(NOW ATLANTIC BOULEVARD), 60.00 FEET WrDE, AND THE NORTT{EASTERLY LrNE OF FIFTY-
SECOND DRIVE, 5O.OO FEET WIDE, AS SHOWN ON SAID TRACT NO. 7923;
THENCE, ALONG SAID NORTI{EASTERLY LINE OF FIFTY-SECOND DRIVE, SOUTH 54"34'54"
EAST, 76.04 FEET TO THE POINT OF CUSP WITH A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 52.00 FEET;
TI{ENCE, TRAVERSTNG THE INTERIOR OF SAID 'NOT A PART OF THIS SUBDIVISION- AND SAID
LOT 67, THE FOLLOMNG COURSES:
NORTI{ERLY 79 .67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
87"46'53U TO A LINE PARALLEL WITH AND 26.00 FEET SOUTHEASTERLY OF SAID
SOUTHEASTERLY LINE OF PASADENA AVENUE;
ALONG SAID PARALLEL LINE, NORTH 33"I I'59' EAST, 132.38 FEET TO THE BEGINNING
OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 52.00 FEET;
NORTHEASTERLY 56.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
62"15',11";
SOUTH 84O32'50'EAST, 168.6I FEET TO THE NORTHERLY LINE OF SAID LOT 67, ALSO
BEING TFIE SOUTT{ERLY LINE OF FIFTY-SECOND STREET (NOW DISTRICT
BOULEVARD),72.00 FEET WIDE, AS SHOWN ON SAID TRACTNO.7923;
THENCE, ALONG SAID SOUTI{ERLY LINE OF FIFTY-SECOND STREET,
NORTH 82"54'38U WEST, 226.09 FEET TO SAID SOUTHEASTERLY LINE OF
PASADENA AVENUE;
THENCE, ALONG SAID SOUTHEASTERLY LINE OF PASADENA AVENUE,
SOUTH 33O1I'59'' WEST, 206.41FEET TO THE POINT OF BEGII\IIING.
CoNTAINING 4,663 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND
RIGHTS-OF-WAY OF RECORD,IF ANY.
06683\048\6940258.v2
A-1
GRANT DEED
EXI-flElT "8" sr.rEEr l or 1
A FORTTON Or LOT 67, TRAOT NO. 7q23, I't3. t13) / 6c.63,
ATO A FORIION OT RANCIIO gAN ANTOHO 7 / 3E.q OF FATENT,
N I}IE ATY OT VERNON. OOtfiTY OF LO5 ANGELES, STATE Or CALIFORI{A
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that interests in real property conveyed to or created in favor of the City of
Vemon by that certain Easement for Public Road dated March 25, 2015, executed by 51 19
District Boulevard Investors LLC, a Delaware limited liability company, is hereby accepted by
the undersigned officer on behalf of the City pusuant to the authority conferred by Minute Order
by the City Council of the City on April 21,2015, and the grantee consents to recordation thereof
by its duly authorized ofhcer.
Dated:2015
CITY OF VERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TO FORM:
BRIAN BYIJN, Deputy City Attomey
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
SPACE ABOVE THIS LINE RESERVED FORRECORDER'S USE
EASEMENT FOR PTIBLIC ROAI)
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
5119 District Boulevard Investors LLC, a Delaware limited liability company
(the "Grantor")
HEREBY GRANT(S) TO:
City of Vernon, a body corporate and politic (the "Grantee")
An easement for public road over, across and under all that real property situated in the City
of Vernon, County of Los Angeles, as described in Exhibit"A" attached hereto and
incorporated herein by this reference, and as more particularly shown on the map attached
hereto as Exhibit "B" and incorporated herein by this reference. This easement is on a portion
of the properly owned by the Grantor.
Date: Varoh 25 20r5
GRANTOR:
5119 Drsrnrcr BoULEVARD INvestoRs LLc,
a Delaware limited liability company
By: PI District, LLC,
a Delaware limited liability company,
its Managing Member
By: Pacific Industrial, LLC,
a Delaware limited liability company,
its Manager
06683\048\6982426.v2
A notary public or other officer completing this certificate verifies only the identity of the individual who sigrred
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California .ffi.,"r "-"-'"- ht h'tlelet
o" Ill(y'rh l, >0 [ s berore me,
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 hisftrer/their signature(s) on the
instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the
instrument.
I certiff 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.
06683\048\6982426.v2
EXHIBIT A
LEGAL DESCRIPNON
EASEMENT DEED
IIIAT PORI1ON OF LOIS 3 IHROUGH 17 OF TRACT NO. 792J, IN lHE CNT OF VTRNON, COUNIT OF LOS
ANGII.ES, SIA'IE OF CAIJFORNIA, PER MAP RECORDED IN EOOK 1I3, PAGES 80 IHROUGH 83, IN IHE
OFFICE OF THE COUNIY RECORDER OF SAD COUNTY, MORE PARTICUI.ARLY DESCRIBED AS
FOLLOII/S:
BEGINNING AT THE MOST NORIHWESTERLY CORNER OF LOT 5; THENCE EASTERLY ALONG THE
NORTHERLY LOT UNE OF SAID LOT J SOUIH 821419' EAST J2.39 FET TO N ANGI.T POINT;
.IHENCE
CONNNUING SOUIIIEASTERLY ALONG SAID NORTHEASIERLY UNES OF LOTS J
]HROUGH 17 INCLUSIVE, SOUIH 5{27'16, EAST 892.65 IEEI IO THE NORIHEASTERLY CORNER OF
LOT 17 0F SAID TRACT N0. 7923; THENCE SOUTHWESTERLY AL0NG THE SOUTHEISIffiLY LINE 0F
SAID LOT 17 TO A UNE PAMLLEL AND DISTNT 3 FEEI FROM THE NORTHEAS]ERLY UNE OF SAID
LOT 17; THTNCE N0RHIIVESIERLY AONG SAID PARALLEL LINE N0RTH 5{27'16'WESI 847.94
FEET TO A POINT ON A TANGA.IT CURVE CONCAIE SOUTHWESIERLY ND MVING A RADIUS OF
200 FtEi; IHENCE N0RTHIYESIERLY AL0NG SAID CUR}E THR0UGH N ANGII 0F 2057'45", AN
ARC LENGTH OF 7J.17 FEI- MORE OR I.I5S TO A POINT ON THE SOUIHWSI UNE OF SAI[) LOI J,
SAID UNE BEING A CURVE CoNCAIE SoUIHWESIERLY AI'ID HAVING A RADIUS 0F 596.70 FEt
AI.ID SAID PoINT HAvtNG A MDIAL LINE BEARINo SoUIH 6209'47'WESI; lHR,lCE N0RTH
ALONG SAID CURVE THROUGH AN ANGLE OF Oll'J(], A}i ARC LENGIH OF 1.99 FEEI MORE OR
LESS TO ]HE POINT OF BEGINNING.
.
ROJECT lfn-E
CI'TY OF VERNON
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REFERENCE D/fE
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SHEET NO.
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REFERENCE DATE
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SHEET NO.
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 272E1)
This is to cenify that interests in real property conveyed to or created in favor of the City of
Vernon by that certain Easement for Public Road dated March 25, 2015, executed by 5119
District Boulevard Investors LLC, a Delaware limited liability company, is hereby accepted by
the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order
by the City Council of the City on April 21, 2015, and the grantee consents to recordation thereof
by its duly authorized officer.
20t5Dated:
CITY OFYERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TOFORM:
BRIAN BYUN, Deputy City Attomey
REGEIVED
APR 15 2015
CITY CLERK'S OFFICE
REEEIVED
APR 0 6 20t5
CITY ADMINISTRATIO
DATE:
TO:
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
April21,2015
Honorable Mayor and City Council
PREPARED BY: Lissette Melendez, Associate Engineer
APPROVED BY: Samuel Kevin Wits#irector of Public Works, Water & Development Services
RE: Electrical Easement -5970 Alcoa Avenue
Recommendation
It is recommended that the City Council:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is
categorically exempt under the Califomia Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
B. Accept the Electrical Easement, in substantially the same form as attached to this staff
report, and authorize the Mayor to execute said document.
Background
The Department has received a fully executed Electrical Easement by The Conversion of R.C.C.L, a
limited liability company for the property located at 5970 Alcoa Avenue, assessor's parcel number
6310-027-039. The property at the above mentioned location is being redeveloped and the easement
is for the installation and maintenance of City owned electrical conduit and equipment serving the
property.
The easement has been reviewed and approved by the Gas & Electric Department and has been
approved as to form by the City Attorney's Office.
Fiscal Impact
Acceptance of the proposed Electrical Easement has no hscal impact.
SKW:1m
Attachment
RECORDING REQUESTED BY
and
WHEN RECORDED, MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, California 9005 8
ATTN: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
EASEMENT
APN: 6310-027-039
DOCUMENT TRANSFER TAX IS NONE-NOT REQUIRED SEC. 11922
REVENUE TAXATION CODE.
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED.
The Conversion of R.C.C.I., a California limited liability company (the "Grantor")
HEREBY GRANTS TO:
City of Vernon, a municipal corporation (the "Grantee")
An easement for every purpose beneficial to the Vernon Light & Power Department, including, but
not limited to, the right to install underground and overhead electric and other public utilities, with
the right of ingress and egress over, under, across, and through that certain real property in the City
of Vernon, County of Los Angeles, as described in Exhibit "A" attached hereto and made a part
hereof as Exhibit "B" and incorporated herein by this reference, and as more particularly shown on
the map attached hereto as Exhibit "B" and incorporated herein by this reference. This easement is
on a portion of the property owned by the Grantor.
pate, Iel-- 2-2015
ttGrantor"
The Conversion of R.C.C.I.,
ttGrantor"
The Conversion of R.C.C.L,
a California limited liability companyliability company
A notary public or other oflicer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
county of L., = A ^1a1. =
on Fe{r z,zo l-S uefore me,Dgh
I certify under PENALTY OF PERJURY under the laws of the State of California
that the forgoing paragraph is true and correct.
persona,yappeared N\ i nS [3, ^ Ko.,."T"'i'ffi-n, iii,, Xo,t
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 helshe/they
executed the same in hiskr/their authorized capacity(ies), and that by hieAer/their
signature(s) on the instrument the person(s), or the entity upon behalf on which the
person(s) acted, executed the instument.
WITNESS my hand and official seal.
Signature
HOWARD D. CHOI
Commission # 1941756
Notary Public - Calilornia
Los Angeles County
Jul 19,2015
SIYEDAKER LAIID SURVEYtr\G
P.O.BOX230s
IRWIITDALE, CALIFORIYTA 91706
(aa ut-24/0,3 (620 e6c7r06 FAX
FEBRUARY 4,2015
E)GIIBIT A
ELECTRICAL EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 14 OF PARCEL MAP NO. 16480,IN THE CITY OF
VERNON, COUNTY OF LOS ANGELES, STATE OF CAI.IFORNIA, AS PER MAP FILED
IN BOOK 17 4 OF PARCEL MAPS, PAGES 7I THROUGH 78, INCLUSTVE, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
A STRrP OF [-AND 5.00 FEE-I WIDE{._YING zso FEE-[ ON EACH SIDE OFTHE
CENTERLINE DESCRIBED AS FOLI,OWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 14; THENCE SOI.JTH
OI"I4'52" EAST 59.30 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 14 TO
THE TRLJE POINT OF BEGINNING; THENCE NORTH 66'35'51" EAST 49.38 FEE'[ TO
THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADruS OF 5.00 FEET; THENCE ALONG SAID CURVE 1.93 FEE"I THROUGH A
CENTRAL ANGLE OF 22"09'26" DEGREES; THENCE NORTH 88"45'17" EAST 230.97
FEET TOTHE BEGINNING OFA TANGENT CURVE CONCAVETOTHE SOUTHWEST
HAVING A RADruS OF5.00 FEET; THENCE ALONG SAID CURVE 7.83 FEEI
THROUGH A CENTRAL ANGEL OF 89"40'52" DEGREES TO A POINT, SAID POINT
BEING CALLED POINT A FOR THE PURPOSES OF THIS I-EGAL DESCRIPTION
TOGE-IHER WTIH A STRIP OF I-AND IO.OO FEE-T WIDE LYING 6.00 EASTERLY AND
6.00 FEE-T WESTERLY OFTHE CENTERLINE DESCRIBED AS FOLLOWS
BEGINNING AT SAID POINT A THENCE SOUTH 0I"33'51" EAST IO.OO FEE-I
DRAFT
RICHARD M. SNEDAKER.PI.S. NO.7565 JOB NO.15-018
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CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that interests in real property conveyed to or created in favor of the City of
Vernon by that certain Electrical Easement dated February 2,2015, executed by The Conversion
of R.C.C.I., a limited liability company, is hereby accepted by the undersigned officer on behalf
of the City pursuant to the authority conferred by Minute Order by the City Council of the City
on April 21,2015, and the grantee consents to recordation thereof by its duly authorized officer.
Dated:,2015
CITY OF VERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TO FORM:
BRIAN BYUN, Deputy City Attorney
RECEiVED
APR O 1 ZO15
CITY CLERK'S OFFICE
/af *z/7Ae*/7rr.r-fr7r7t
R;
i'i.,? 2 0 1",.1
CITY ADIVIINISTRATION
DATE:
TO:
FROM:
RE:
STAFF REPORT
Public Works, Water and Development Services
APRIL 7,2015
Honorable Mayor and City Council
z url
Samuel Kevin Wilson, l)irector of Public Works, Water, and Development
Services
Approval of a Resolution Updating the General Plan and approval of an
Ordinance Amending the Zoning Code
Recommendation
The Project collectively includes the focused update to the General Plan and Zoning Ordinance
and Map Amendments. City staff recommends that the City Council:
1. In accordance with the California Environmental Quality Act, contained in Public
Resources Code commencing at Section 21000 and the California Code of Regulations,
Title 14, Chapter 3, certifies the Supplemental Final Environmental Impact Report dated
March 2015, adopt Findings of Fact and Statement of Overriding Considerations, and adopt
Mitigation Measures and a Mitigation Monitoring and Reporting Program for the City of
Vemon General Plan and Zoning Ordinance Update (State Clearinghouse No.
2007061031). It is further recommended that the City Clerk of the City of Vernon shall be
designated as the custodian of all documents or other materials which constitute this record
of proceedings upon which this decision is made; and
2. Adopt a Resolution adopting the General Plan Amendment.
3. Adopt an Ordinance adopting the Zoning Ordinance Amendment and Zoning Map.
Background
The General Plan is a comprehensive, long-range plan that guides decisions relating to land use,
transportation, housing, public safety, use of open space and natural resources, parks and
recreation, and noise in the community. The Zoning Ordinance implements the land use policies
contained in the General Plan.
The City of Vernon adopted comprehensive updates to the City of Vernon General Plan and
Zoning Ordinance on December 3,2007. The General Plan was amended in 2009 and 2013 to
update the Housing Element and housing-related portions of the Land Use Element.
The proposed project is a focused update to the General Plan to comply with new State laws and
make adjustments to land use policy regarding commercial uses and trucking and freight terminals,
among other minor amendments. The Zoning Code is the primary implementation tool of the
General Plan. As part of the General Plan update project, modifications to the Zoning Code are
proposed to maintain consistency with the General Plan and to modernize and respond to current
issues and developments.
Update to General Plan Elements
Land Use Element
The City of Vernon General Plan has one land use category Qndustrial) and five overlay districts:
Commercial, Rendering, Slaughtering, Housing, and Emergency Shelter. The update modifies and
expands the area to which the Commercial Overlay applies. The Commercial Overlay, which
currently applies to Santa Fe Avenue and portions of Soto Street, would also apply to an expanded
area of Soto Street, portions of Pacific Boulevard, Atlantic Boulevard, and Slauson Avenue, along
with a small area along Alameda Street. This expansion of the Commercial Overlay is intended to
both meet the needs of the daytime employee population and allow for a broader mix of uses on
aging industrial sites. A modification was also made to restrict the extent of the Housing Overlay
in the southeast corner of the City to the properties actually occupied by the Meta Housing
development.
The update to the Land Use Element also includes new policies to facilitate more intensive
employment-generating uses near transit stops and to allow truck terminals and freight operations
in certain locations. In addition, flood hazard information is provided to comply with State law
(AB 162).
Circulation Element
To respond to changes in the Land Use Element, the update also includes a related change to the
Circulation Element-removing a policy that limited trucking facilities to existing locations.
Safety Element
AB 162 (and related revisions to Section 65302 of the California Govemment Code) requires an
update to the General Plan to identiff areas subject to flooding and to incorporate any newly
available information. The Safety Element of the General Plan is revised to reflect updated flood
risks based on the most recent available data from the Federal Emergency Management Agency
(FEMA), including revisions to the FEMA Flood HazardZones Map (Figure S-3). Most datawere
added for informational purposes to comply with State law. One additional policy was added
requiring housing to be located using the Housing Overlay District and to be located in limited
areas where potential hazards can be avoided.
Resources Element
Pursuant to AB 162, identification of rivers, creeks, streams, flood corridors, riparian habitat, and
land that may accommodate floodwater for purposes of groundwater recharge and storm water
management are required in the Resources Element. To comply with this provision, additional
information is provided in the Resources Element to clarify the lack of riparian habitat in Vernon.
In addition, a new section of the Resources Element addresses AB 32, the Global Warming
Solutions Act of 2006 and SB 375. Apolicy was added indicating the City will consult with other
agencies to facilitate coordination on land use, circulation, ffid infrastructure improvement
projects. Limited changes to the Resources Element are also included to reflect the most recent
Urban Water Management Plan (UWMP) information available.
Noise Element
The Noise Element is updated with minor changes to consider noise impacts to any housing
development that may be permitted within the Housing Overlay. Two existing policies are
modified to require new developments to incorporate appropriate noise attenuation to achieve the
City's noise standards and to minimize noise impacts on new residential development through
carefully planned design and construction approaches that limit noise intrusion, where practical.
Implementation Plan
To correlate with new policies in the General Plan, focused new actions/modifications to existing
Actions are proposed.
The proposed amended General Plan, as revised and including the Draft Land Use Map, is attached
herewith in Attachment A.
Update to Zoning Ordinance and Zoning Map
The City has drafted amendments to the Zoning Ordinance to achieve consistency with proposed
Land Use Element Overlay Districts and the goals, policies, and implementation measures
specified in the General Plan.
New Overlay Zones
These revisions include the establishment of a new Truck and Freight Terminal Overlay Zone (TF)
and application of the overlay to approximately 1,065 acres of land located in the northern portion
of the city. Additionally, given the expanded Commercial Overlay General Plan Land Use
designation, the Commercial Overlay was revised to divide it into two overlay zones: C-l and C-
2, with the overlay zones to be applied to approximately 281 acres and 177 acres, respectively.
Additional Uses Permitted and Conditionally Permitted
Additional land use categories were added, along with new definitions. For example, the update
includes a new "Ancillary Retail Use" allowance whereby businesses may be permitted to dedicate
a portion (no more than 10 percent) of existing industrial space to an ancillary retail use in
connection with their Permitted Use. Such a use will facilitate sample sales and similar retail
functions for manufacturing operations. Additional new uses defined include convention and
entertainment venues (which shall not be permitted in the City), drive-through facilities, fueling
stations, hazardous waste facilities, public utilities, tattoo parlors, trade schools, urgent care
facilities, and wholesale uses. The intent of these new definitions is to provide modern definitions
to reflect current zoning and use trends.
New Development Standards for Billboards Oriented to I-710
The revisions establish distancing requirements for billboards (i.e., the allowable distance between
such signs) that are designed to be primarily viewed from the I-710; the standards conform to
Caltrans' standards. Standards are established for both digital and static (non-digital) billboards.
Distancing requirements for billboards elsewhere in the City remain unchanged.
Parking and Outdoor Storage
Parking standards (spaces per use) are proposed for new uses in the Zoning Ordinance. The update
extends the amortization date to2020 for nonconforming outdoor storage and activities that occupy
required parking spaces. The update also proposes a process whereby the required number of off-
street Parking Spaces for an individual property/use may be reduced by outdoor storage and
activities if a parking demand study is prepared that finds the project site has excess parking spaces
beyond the permitted use's need. Additional standards were also added for the screening of outdoor
storage and activities adjacent to residential uses.
Nonconforming Buildings
The South Coast Air Quality Management District (SCAQMD) is considering establishing
regulations that would require certain existing rendering business to enclose some of their
operations due to odor issues. To accommodate this proposed new regulation, the code
amendments would modifr the Zoning Code Restrictions on Nonconforming Buildings and Uses
section to allow existing nonconforming buildings and uses to increase floor arealsquare footage
if required by a governmental agency to reduce the environmental impacts caused by the use.
Administrative Process and P ermits
The Zoning Ordinance amendments were also undertaken to facilitate administration processes
and procedures. Three new permits are provided in the Zoning Ordinance: 1) a Minor Conditional
Use Permit,2) a Temporary Use Permit, and 3) a Special Event Permit. The purpose of the Minor
Conditional Use Permit is to provide a business-friendly permit process for uses that may only be
suitable in specific locations or designed and constructed in a particular manner or under certain
conditions, but are of a scale that would be less impactful than those that may be permitted with a
Conditional Use Permit. The permit process for a Minor Conditional Use Permit would not require
a public hearing with the City Council, and could thus be issued more quickly.
The new Temporary Use Permit process is intended to provide a process to authorize temporary,
short-term activities that would be compatible with adjacent and surrounding uses. The Special
Event Permit would facilitate temporary uses that are considered minor in nature by virtue of
having minimal impact to surrounding properties, such as indoor or outdoor sales event of product
normally stored or produced onsite, outdoor or indoor meeting, ground-breaking ceremony,
holiday or special occasion party, or similar event. A public hearing is not required for the
Director's decision on a Temporary Use Permit or the Vernon Fire Chief s decision on a Special
Use Permit.
The process for making Minor Modifications to existing Conditional Use Permits was also
streamlined. In addition, the required findings for a variety of permits were updated to provide
clarity in implementation. Time requirements for Conditional Use Permits were also extended (the
use for which the Conditional Use Permit was granted would be allowed to lapse for a year, rather
than 120 days).
Definitions and Clean-up
Further, the Amendment incorporates multiple new definitions and additional clean-up, non-
substantive revisions to provide clarity in implementation of the Zoning Ordinance, including new
graphics to illustrate standards.
The draft ordinance is attached herewith as Attachment B.
Zoning Map
The Zoning Map is proposed to be amended to implement revised General Plan policy. To be
consistent with General Plan changes, the Zoning Map identifies locations for the C-l arrd C-2
zone overlays, consistent with the Commercial General Plan Overlay, and revises the boundaries
of the existing Housing Overlay. The Truck and Freight Terminal Overlay Zone district is added
to the draft Zoning Map. The draft Zoning Map is attached herewith as Attachment C.
Outreach Summary and Community Input
Two recent public workshops were held (January 26,2015 and February 5,2015) to discuss the
Draft Zoning Ordinance amendments. Approximately 15 individuals attended each workshop.
Also, a workshop was held in 2012 with the Chamber of Commerce to discuss options for
amending the zoning ordinance.
Comments received at the workshops included: l) suggestion to allow adaptive reuse of existing
buildings for residential uses and expanding the Housing Overlay area,2) suggestion to allow
wholesale businesses to sell at retail, 3) suggestion to allow industrial properties with on-site
offices to rent/lease office space to outside users, and 4) concern about the landscape requirement
for parcels within the C-l andC-2 overlays. A memo summarizing meeting comments is attached
herewith as Attachment D.
Public Comment on Additional Housing: Staff has concerns with compatibility issues with the
introduction of any housing when industrial prevail uses throughout Vernon. Because of the
range of uses allowed in the Industrial zone, at any time a new industrial use could be established
that might pose hazards to residential uses. The Housing Overlay gives the City the ability to
assess any proposed housing development application on a case-by-case basis and only apply the
overlay to properties where it makes good sense to do so, such as the recent Meta Housing
development adjacent to existing residential uses in the city of Maywood. If Council would like
staff to further investigate permitting additional housing, Staff recommends conducting a
separate study to identify appropriate locations for the Housing Overlay zone.
Public Comment on Allowing Wholesalers to Sell at Retail:As part of the draft Zoning
Ordinance Amendments, a new ancillary retail use is proposed for the Industrial Zone. An
ancillary retail use would be permitted with a Minor Conditional Use Permit.
Public Comment on Leasing Offices within Industrial Uses: City staff agrees that the use of this
space should be utilized and not subject only to the primary tenant of the space. As such, staff
incorporated an additional amendment to the Zoning Ordinance to modify section 26.2.1-2 to
allow the right to sublease to separate tenant office space areas.
Public Comment on Landscaping: The C-l and C-2 overlay zones include a requirement that at
least five percent of the gross lot area be dedicated to irrigated landscaping that is visible from
the street. The previous standard required one percent ofthe gross lot area to be dedicated to
landscaping within the Commercial Overlay Zone. The intent of the revised landscaping
requirement is to provide a good commercial interface for pedestrian activity along the streets.
City staff believes that the proposed changes should not be modified and that landscaping should
be required.
CEOA
Adoption of the General Plan and Zoning Code amendments is considered a "project" under the
California Environmental Quality Act (CEQA). The Project collectively includes the Proposed
General Plan Amendments, General Plan Land Use Map Amendments, Zoning Ordinance
Amendments, and Zoning Map Amendments. CEQA documentation must be prepared, and the
City Council must make an environmental determination pursuant to CEQA prior to taking action
on the project.
On December 3, 2007, the City Council certified the FEIR for the General Plan and Zoning
Ordinance Update. The 2007 FEIR for the General Plan and Zoning Ordinance Update examined
the environmental effects associated with the adoption and long-term implementation of the City
of Vernon General Plan and Zoning Ordinance update. ln2014, a Supplemental Environmental
Impact Report (SEIR) for the project was prepared in compliance with CEQA, as established in
Section 21000-21178 of the California Public Resources Code and Section 15000-15387 of the
California Code of Regulations, to provide the environmental review for these proposed
amendments to the General Plan and Zoning Ordinance. CEQA authorizes a City to prepare a
Supplement to a previously certified EIR if some changes or additions are necessary to a previously
analyzed project. The SEIR includes an analysis of potential environmental impacts associated
with the proposed project; unavoidable significant impacts have been identified related to
transportation/traffic, as was previously identified in the certified EIR. No other significant,
unavoidable impacts have been identified. A copy of the Draft SEIR is attached herewith as
Attachment E.
The SEIR was available for a 45-day comment period from December 4,2015 to January 19,2015 .
Comment letters were received from the California Native American Heritage Commission, the
California Department of Transportation (Caltrans), and The Ness Companies. A copy of the Final
SEIR, which includes copies of the comment letters and responses to comments, is attached
herewith as Attachment F.
It is recommended that Findings of Fact and a Statement of Overriding Considerations (attached
herewith as Attachment G) be adopted for the project subject to the mitigation measures set forth
in the Mitigation Monitoring Reporting Program, attached herewith as Attachment H. It is fuither
recommended that the City Council adopt the Mitigation Monitoring Reporting Program contained
in Attachment F.
Fiscal Impact
The City of Vernon contracted with consulting firm Moore Iacofano Goltsman, Inc. to assist with
completing General Plan and ZoningCode Amendments. No additional fiscal impact is associated
with adoption of the proposed amendments.
Attachments:
Attachment A - Draft Vernon General Plan
Attachment B - Zoning Ordinance
AftachmentC-ZoningMap
Attachment D - Memo summarizing meeting comments
Attachment E - Vernon General Plan and ZoningOrdinance Update SEIR Volume I & II
Attachment F - Vernon General Plan and ZonngOrdinance Update SEIR Volume III - Final EIR
Attachment G - FEIR Findings of Fact & Statement of Overriding Considerations
Attachment H - Mitigation Monitoring Reporting Program
ORDINAI{CE NO. L227
AN ORD]NANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING AIV1ENDMENTS TO THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF VERNON;
ESTABLISHING ZONING DISTRICTS IN THE CITY AND
REGULATING AND RESTRICTfNG THE USE, SIZE, AND THE
LOCATTON OF BUILDINGS AND IMPROVEMENTS ON LAND; THE
USE OF LAND AND OPEN SPACE; ADOPTING A MAP SHOW]NG
SAfD ZONING DISTRICTS, DEFINING THE TERMS USED IN
THE ORDINANCE; PROVIDING FOR ITS ADJUSTMENT,
AMENDMENT AND ENFORCEMENT; AND REPEALING AIL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, the CiEy of Vernon (the "City") is a municipal
corporation and a chartered city of the state of california organized
and existing under its Charter and the Constitsution of the State of
California; and
WHEREAS, the City Council of the City of Vernon ("City
council") has caused an amended City of Vernon General PLan (the
trPlan") to be prepared and adopted; and
WHEREAS, the City Council has determined that cerEain changes
to existing City ordinances are necessary in order to impl-ement the
goals and policies of the amended Pfan,' and
WHEREAS, on Decemicer f7, 2007, the City Council of the City
of Vernon adopted ordinance No. l-139, as amended by Ordinance No. l-203
on March 5, 20:-3, adopting the comprehensive zoning ordinance of the
City of Vernoni esEablishing zoning districts in the City and
regulating and restsricting Ehe use, size, and tshe location of
bulldings and improvements on land; the use of Iand and open space;
adopting a map showing said zoning districEs, defining the terms used
in the ordinance; providing for itss adjustment, amendment and
enforcement; and
WHEREAS, a dufy-noticed public hearing has been held to
consider the proposed ordinance changes and public tsestimony has been
received and considered; and
WHEREAS,theCityCouncilhasnotcreatedaseparateplanning
commission and performs all of the functions of a planning commission as
auEhorized by GovernmenE Code Sections 55100 and 55861; and
WHEREAS, the Comprehensive Zoning Ordinance of the City of
Vernon is consistent wiEh the amended Plan which has been adopEed by Ehe
City Council by Resolution No. 2oL5-15 on April 7, 2OL5 i ar]d
WHEREAS,theCitycouncilhasmadethefollowingfindingsas
a resul-t of Ehis review and hearing:
1. That due and careful consideration has been given to the
suitability of each and every zone for t.he regulations applicable to it,
and that these regufations are found to best serve the stated purpose of
each zone;
2. That these regulations are in the pu'b]ic interest'' and
that. due and careful- consideration has been given Eo ensure consistency
between these regulations and the Plan;
3.ThaEthepropertydevelopmentstandardsincludedinthis
ordinance are necessary to preserve tshe community health, safety, and
generaL welfare; to assure adequate levels of light and air; to promoEe
uhe functional compatibility of uses; to promote the safe and efficient
circulat.ion of pedestrian and vehicular traffic; to conserve and
stabilize the value of property,' and to encourage tshe development of
property in such a manner as not to adversely affect the use and
enj oyment of adjoining lands; and
WHEREAS, chaptser 4.L(f) and (h) of the charcer of the CiEy
of vernon provides Ehat an ordinance shall amend a code or repeal any
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ordinance or code previously adopEed.
THE CITY COIJNCfL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTIoN 1: The CiEy Council of the City of Vernon hereby
finds and detsermines that all the foregoing recitals are true and
correcE.
SECTION 2: ADOPTION OF AldEl[DMEMtS TO THE COUPREHENSM
ZONING ORDINANCE. The City Council of the City of Vernon hereby
approves and adopts amendments to the comprehensive zoning ordinance
which has been presented Eo Ehe ciEy council concurrently with this
ordinance. The city council hereby orders the amended comprehensive
Zori-lg ordinance to be received and filed by the CiEy Clerk' The
amended Comprehensive zonj.ng Ordinance submiEted herewith is
incorporated herein by Ehis reference as though fu1Iy set forth at
length .
SECTION 3: CERTAIN ORDINANCES REPEALED ' Any ordinance or
parts of an ordinance, specifically Ordinance Nos ' l-139 and 1203, in
conflict with this Ordinance are hereby repealed'
SECTION 4: Severabifity. If any chapter, article, section,
subsect j-on, subdivision, paragraph, sentence, clause, phrase, or word
in t.his ordinance or any part thereof is for any reason held to be
unconstitutsionaL or invalid or ineffective by any court of competent
jurisdiction, such decision shaI1 not affect the validity or
effecLiveness of Ehe remaining portions of this ordinance or any part
thereof. The city council hereby declares that it would have adopted
this ordinance and each chapter, art.icIe, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
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phrases or words be d.eclared unconstitutional, oT invalid, oI
ineffective.
SECTION 5: Book of Ordj-nances. The City Clerk , or
Deputy city cIerk, sha1l attest and certify to the adoption of this
Ordinance and shall cause this Ordinance and the City Clerk's, or
Deputy City Clerk's, certification to be entered in the Book of
Ordinances of the Council of this City. The City C1erk, oT Deputy
City C1erk, shaIl cause this ordinance to be published or posted as
required bY 1aw.
SECTION 5:Effective Date. This Ordinance shall go into
effect and be in fu1I force and effect at t2:Ol a.m. on the thirty-
first (31st) day after its passage.
AppRovED AND ADOPTED this 21st day of April , 20l.5.
Name:
Titte: Mayor / vtaYor Pro-Tem
ATTEST:
City Clerk / DePutY CitY Clerk
Hema Pate1, C
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STATE OF CALI FORNTA
COUNTY OF LOS ANGELES
t,, City Clerk / Deputy City Cferk of Ehe City
of Vernon, do hereby cerLify that the foregoing ordinance, being
ordinance No. 1227 was duly and regularly introduced at a regular
meeting of the ciEy council of t.he City of vernon, hefd in the city of
vernon on Tuesday. April 7, 2015, and thereafter adopEed at a meeting
of said city council held on Tuesday, April 21, 2015, by the following
vote :
AYES: Council-members:
NoES; Councilmembers:
ABSENT: Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this day of Apri1, 2ol-5, at Vernon, California'
CiEy Clerk / Deputy CitY Clerk
(SEAL)
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